"Bait and switch" legislative tactics, in which the legislature guts an already considered bill and replaces the bill with completely new language, was condemned by this court late last year when this court struck down the process by which the state budget was legislatively approved. As the brief for the Common Cause stated, "[t]he Pennsylvania General Assembly has long attempted to circumvent the spirit, if not the 1 letter, of our state Constitution, but in 1995 its conduct reached new levels of outrageousness." See Complaint, Common Cause vs. Commonwealth of PA. The exact same tactics, using the "bait and switch" method of legislative approval, were also used in the passage of Act 12 of 1988, known as the Low Level Radioactive Waste Siting Act. Not only was this Act never subjected to public debate and input, it was presented to the Senate as a fait accompli, with the evisceration of the Senate's ability to offer amendments to the Bill. The passage of this Bill, using clearly unconstitutional and questionable procedures to avoid public and legislative scrutiny, was simply the beginning of the efforts of the legislature to go "to new lengths to ignore the constitution". See Complaint, Common Cause v. Commonwealth of Pennsylvania. In short, the Bill now used to force communities, townships, boroughs, and townships to submit to the process of being forced to accept a Low Level Radioactive Waste Dumpsite was enacted in the absence of any of the minimal constitutional protections established by the Pennsylvania Constitution.

JURISDICTION This is an action for injunctive and declaratory relief brought against the Commonwealth government, its chief executive, and its treasurer. Original jurisdiction therefore lies in this Court pursuant to 42 Pa. C.S. ¤761.

PARTIES

1. Plaintiff, Gene Stilp, is an individual residing at 1550 Fishing Creek Valley Road, Harrisburg, PA 17112. Plaintiff Stilp is CEO of Stop the Illegal Low Level Program in Pennsylvania, Inc. 2

2. Plaintiff, Thomas Linzey, is an individual who resides at 2859 Scotland Road, Chambersburg, PA 17201. Plaintiff Linzey serves as Director of the Stop the Illegal Low Level Program in Pennsylvania, Inc.

3. Plaintiff, Eric Epstein, is an individual who resides at 2308 Brandywine Drive, Harrisburg, PA 17110. Plaintiff Epstein serves as Director of the Stop the Illegal Low Level Program in Pennsylvania, Inc.

4. Defendant, Commonwealth of Pennsylvania, is the sovereign with principal offices at The Capitol, Harrisburg, PA 17120, in the County of Dauphin.

5. Defendant Thomas J. Ridge is Governor of Pennsylvania, with a principal office at Room 225, The Capitol, Harrisburg, PA 17120 in the County of Dauphin. This petition makes him a party in his official capacity.

6. Defendant Catherine Baker Knoll is Treasurer of Pennsylvania and is constitutionally charged with responsibility for disbursements from the state treasury. Her principal office is at Room 129, Finance Building, Harrisburg, PA 17120. This petition makes her a party in her official capacity.

FACTUAL ALLEGATIONS OF THE ADOPTION OF ACT 12 OF 1988
A. The Constitution Requires That No Bill Shall be Altered or Amended to Change its Original Purpose

7. Section 1 of Article III of the Pennsylvania Constitution states that "No law shall be passed except by bill, and no bill shall be so altered or amended, on its passage 3 through either House, as to change its original purpose."
B. The Pennsylvania Constitution Demands That All Bills Must be Referred to a Committee

8. Section 2 of Article III of the Pennsylvania Constitution states that "No bill shall be considered unless referred to a committee, printed for the use of the members and returned therefrom."
C. The Pennsylvania Constitution Mandates that Each Bill be Considered on Three Separate Days

9. Section 4 of Article III reads, in part, that "Every bill shall be considered on three diffferent days in each House."
D. The History of Act 12 of 1988 Reveals Consitutional Deficiencies

10. Act 12 began as Senate Bill 948 (Printers Number 1220) and related to the termination of spending of certain funds related to the Pennsylvania Conservation Corps.

11. The Title of Senate Bill 948 was "An act providing for the rehabilitation, development and acquisition of land, water and structural resources; defining the powers and duties of certain offices, agencies and municipalities; providing for the allotment of proceeds hereunder including Commonwealth grants; prescribing standards; and making appropriations, extending the period of time for certain 4 expenditures."

12. The Bill was introduced on June 29, 1987, and referred to the Senate Appropriations Committee on the same day. It was reported as committed that same day.

13. The Bill was given its first consideration on June 29, 1987; its second consideration on June 30, 1987; and its third consideration and final passage in the Senate on July 1, 1987.

14. The Bill was then introduced to the House of Representatives and referred to the House Appropriations Committee on July 2, 1987. It was reported, after five months in committee, as committed on December 7, 1987.

15. First consideration of the Bill was given on December 7, 1987; its second consideration on December 8, 1987; and it was recommitted to the Appropriations Committee on December 9, 1987.

16. The Appropriations Committee re-reported the bill as amended on December 9, 1987. As amended, the bill (Printers No. 1680) extended the period of time for certain expenditures related to the Pennsylvania Conservation Corps.

17. Third consideration was given to the Bill by the House of Representatives on January 26, 1987. It was amended by Amendment 0234 which replaced all of the language in the Bill with provisions dealing with the establishment of a nuclear low-level radioa ctive waste disposal facility for the Commonwealth of Pennsylvania, and 5 struck out the old title of the bill. (Printers No. 1732).

18. The new title of the bill was "PROVIDING FOR LOW LEVEL RADIOACTIVE WASTE DISPOSAL; FURTHER PROVIDING FOR POWERS AND DUTIES OF THE DEPARTMENT OF ENVIRONMENTAL RESOURCES AND THE ENVIRONMENTAL QUALITY BOARD; PROVIDING FOR THE SITING OF LOW-LEVEL RADIOACT IVE WASTE DISPOSAL FACILITIES AND FOR THE LICENSING OF OPERATORS THEREOF; ESTABLISHING CERTAIN FUNDS AND ACCOUNTS FOR THE BENEFIT OF HOST MUNICIPALITIES AND THE GENERAL PUBLIC; ESTABLISHING THE LOW-LEVEL WASTE ADVISORY COMMITTEE AND PROVIDING FOR ITS POWE RS AND DUTIES; PROVIDING FOR MEMBERSHIP ON THE APPALACHIAN STATES LOW-LEVEL RADIOACTIVE WASTE COMMISSION; REQUIRING CERTAIN FINANCIAL ASSURANCES; PROVIDING ENFORCEMENT PROCEDURES; PROVIDING PENALTIES; MAKING REPEALS; AND MAKING APPROPRIATIONS."

19. The prime sponsor of the original language of the bill that dealt with the Pennsylvania Conservation Corps, Senator John Peterson, withdrew his sponsorship of the Senate Bill as altered.

20. Senate Bill 948 was returned to the Senate for concurrance in the House Amendment. The Senate concurred in the Amendment on February 3, 1988 without referral to a Senate Committee.

21. Members of the Senate were precluded from offering any amendments to the House-altered Bill. Senator Regoli noted that the Senate failed to conduct any hearing on the new subject matter contained in the amended version of Senate Bill 948. 6

22. Senate Bill 948 was signed in the Senate on February 8, 1988. It was signed in the House on February 8, 1988.

23. Then Governor Robert P. Casey approved Senate Bill 948 on February 9, 1988, fourteen days after the altered Bill was reported from the House of Representatives.

24. The effect of the provisions of the Bill was to allow the Commonwealth to enter into a contract with Chem-Nuclear, a division of Chemical Waste Management, for the siting of a Low Level Radioactive Waste site within Pennsylvania.

25. The Plaintiffs in this action have the requisite standing, they have been concretely, adversely effected by the passage of Act 12 of 1988. Plaintiffs also have standing to challenge the constitutionality of Act 12 because: (a) In the absence of the filing of this action, the passage of Act 12 of 1988 would otherwise go unchallenged. (b) Those directly and immediately affected by the complained of expenditures are beneficially affected by the passage of the legislation and are therefore not inclined to challenge the action. (c) Judicial relief is appropriate. (d) Redress through other channels is unavailable. (e) No other persons are better situated to assert the claim put forth in this complaint.

26. Act 107 of 1990 was enacted by the General Assembly and signed by Governor 7 Robert P. Casey on July 11, 1990. The Act creates a fee system to cover the costs associated with the establishment of a low-level radioactive waste disposal regional facility in Pennsylvania.

COUNT ONE

27. Paragraphs 1-26 of this complaint are re-alleged here.

28. That the passage of Act 12 of 1988 violated Article III, Section 2 of the Pennsylvania Constitution because it was so altered or amended, on its passage through the General Assembly, as to change its original purpose.

COUNT TWO

29. Paragraphs 1-24 of this Complaint are re-alleged here.

30. That the passage of Act 12 of 1988 violated Article III, section 2 of the Pennsylvania Constitution because the bill was not referred to comittee in either House after its original purpose was changed, in violation of Article III, Section 2.

31. That the Defendant State Treasurer cannot legally disburse funds from the State Treasury unless the law is constitutionally passed. This is in accordance with Article III, Section 24 which provides that "[n]o money shall be paid out of the treasury, e xcept on appropriations made by law . . . " 8

COUNT THREE

32. Paragraphs 1-24 of this Complaint are re-alleged here. 33. That the passage of Act 12 of 1988 violated Article III, Section 4 of the Pennsylvania Constitution because the bill was not considered on three days in either House after its original purpose was changed 34. That the Defendant State Treasurer cannot legally disburse funds from the State Treasury unless the law is constitutionally passed. This is in accordance with Article III, Section 24 which provides that "[n]o money shall be paid out of the treasury, e xcept on appropriations made by law . . . "

REMEDIES

WHEREFORE the Plaintiffs respectfully pray that this Court: a. Declare Act 12 of 1988 to have been unconstitutionally enacted, in violation of Article III, Sections 1, 2, and 4, and to be therefore null, void, and of no effect; b. Enjoin the Defendants from enforcing any provision of Act 12 of 1988 or from making any expenditure under its alleged authority, as required by Article III, Section 24; c. Enjoin the Defendants from enforcing any provision of Act 107 of 1990, or from making any expenditure under its alleged authority; 9 d. Any and all other relief that is appropriate. We certify that the above is true and correct to the best of our knowledge. ________________________ Eugene Stilp, pro se 1550 Fishing Creek Valley Road Harrisburg, PA 17112 (717) 599-7700 ________________________ Eric Epstein, pro se 2308 Brandywine Drive Harrisburg, PA 17110 ______________________ Thomas Linzey, pro se 2859 Scotland Road Chambersburg, PA 17201 (717) 709-0457 10

IN THE COMMONWEALTH COURT OF THE COMMONWEALTH OF PENNSYLVANIA GENE STILP, ERIC EPSTEIN, THOMAS LINZEY Petitioner v. Civ. No._________________ Catherine Baker Knoll, Treasurer of the Commonwealth of :Pennsylvania :

NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take actions within twenty (20) days after this petition and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice f or any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Central Pennsylvania Legal Services 213A North Front Street Harrisburg, PA 17101 (717) 232-0581 or: Dauphin County Lawyers Referral Committee 213 North Front Street Harrisburg, PA 17101 (717) 232-7536

CERTIFICATE OF SERVICE OF PROCESS The Plaintiffs in the above captioned case, hereby certify that they have sent this COMPLAINT to the addresses listed below by the following method: HAND DELIVERY Catherine Baker Knoll 129 Finance Building Harrisburg, PA 17120 Thomas Ridge 225 Main Capitol Harrisburg, PA 17120 Attorney General Thomas Corbett Strawberry Square Harrisburg, PA 17120 We certify that the above is true and correct to the best of our knowledge. _____________________ Gene Stilp, pro se 1550 Fishing Creek Valley Road Harrisburg, PA 17112 (717) 599-7700 _____________________ Eric Epstein, pro se 2308 Brandywine Drive Harrisburg, PA 17110 (717) 540-5773 _____________________________ Thomas Linzey, pro se 2859 Scotland Road Chambersburg, PA 17201 (717) 709-0457 Signed this ___________ day of March, 1996