THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY PICCOLA, FOLMER, BROWNE, EICHELBERGER, WAUGH AND RAFFERTY, JANUARY 26, 2011

REFERRED TO STATE GOVERNMENT, JANUARY 26, 2011  

A JOINT RESOLUTION

Proposing integrated and distinct amendments to the Constitution

of the Commonwealth of Pennsylvania, authorizing the use of

the direct initiative, the indirect initiative and referendum

as legislative powers reserved to the people.

The General Assembly of the Commonwealth of Pennsylvania

hereby resolves as follows:

Section 1.  The following integrated and distinct amendments

to the Constitution of Pennsylvania are proposed in accordance

with Article XI:

(1)  That section 1 of Article II be amended to read:

§ 1.  Legislative power.

(a)  The legislative power of this Commonwealth shall be

vested in a General Assembly, which shall consist of a Senate

and a House of Representatives.

(b)  Notwithstanding subsection (a), the people reserve to

themselves the power of the direct initiative to propose

statutes and amendments to this Constitution, and to adopt or

reject the same at the polls, independent of the General

Assembly.

(c)  Notwithstanding subsection (a), the people reserve to

themselves the power of the indirect initiative to propose

statutes and amendments to this Constitution and to cause the

General Assembly to take a final vote in the Senate and the

House of Representatives on any approved proposal in the current

legislative session or, if the proposal is approved at a general

election, no later than the next legislative session.

(d)  Notwithstanding subsection (a), the people reserve to

themselves the power of the referendum to approve or reject

statutes or parts of statutes passed by the General Assembly and

approved by the Governor or which become law without the

approval of the Governor.

(2)  That Article III be amended by adding a section to read:

§ 33.  Powers reserved to the people.

(a)  Powers relating to the direct initiative shall be as

follows:

(1)  The people reserve to themselves the power of the direct

initiative to propose statutes and amendments to this

Constitution, and to adopt or reject the same at the polls,

independent of the General Assembly.

(2)  The direct initiative is the power of the electors to

propose statutes and amendments to this Constitution and to

adopt or reject them.

(3)  A direct initiative measure may be proposed by

presenting to the Secretary of the Commonwealth a petition that

sets forth the text of the proposed statute or amendment to this

Constitution and is certified by the Secretary of the

Commonwealth to have been signed by registered electors equal in

number to 8% in the case of the statute, or 10% in the case of

an amendment to this Constitution, of the votes for all

candidates for Governor at the last gubernatorial election.

(4)  Signatures on direct initiative petitions must be

obtained from at least 5% of the registered electors as of the

date of the last gubernatorial election in each of 36 counties

in this Commonwealth.

(5)  The Secretary of the Commonwealth shall submit the

measure at the next general, municipal, primary or special

statewide election held at least 75 days after certification.

The Secretary of the Commonwealth shall only certify a measure

wherein all signatures on petitions are obtained and affixed to

the petitions for the measure during the same regular session of

the General Assembly.

(6)  A direct initiative measure embracing more than one

subject may not be submitted to the electors or have any effect.

(7)  A direct initiative amendment to the Constitution

approved by the electors which requires enabling legislation

shall constitute a mandate to the General Assembly to enact the

appropriate legislation within 180 days of passage of the

initiative.

(8)  The General Assembly:

(i)  Shall provide the manner in which petitions shall be

circulated, presented and certified and the qualifications for

individuals circulating petitions.

(ii)  Shall require by law measures to ensure full disclosure

of disbursements made and receipts obtained by parties who have

an interest in initiative measures and who have exceeded a

statutory threshold for such disbursements and receipts for any

one initiative measure in each election.

(iii)  May require by law reasonable limits on contributions

made to parties who have an interest in the passage or defeat of

an initiative measure for each measure and in each election.

(iv)  Shall require by law the full disclosure of any

disbursements made by a person or corporation from another state

to advocate the passage or defeat of an initiative measure.

(9)  An initiative petition, in order to be eligible for

certification by the Secretary of the Commonwealth, shall first

be signed by 200 registered electors of this Commonwealth, who

shall pay an administrative fee not exceeding the fee required

by law for the filing of nomination petitions by candidates for

public office to be filled by the electors of the State-at-

large. If the Secretary of the Commonwealth shall certify that

the petition contains the entire text of the measure; that the

measure is not, either affirmatively or negatively,

substantially the same as any measure which has been submitted

to the electors in the previous five years; and that it contains

only one subject which is not excluded from consideration under

this section, then the Secretary of the Commonwealth shall

provide blanks for the use of subsequent signers, and shall

print at the top of each blank a fair, concise summary, as

determined by the Legislative Reference Bureau, of the proposed

measure as such summary will appear on the ballot. The summary

shall be written in clear and simple English.

(10)  The Legislative Reference Bureau shall, within ten days

of the certification of an initiative petition upon which the

required number of signatures have been affixed, prepare an

explanation or argument, or both, for, and also an explanation

or argument, or both, against, the same. The Secretary of the

Commonwealth shall then publish the summary and explanations and

arguments, together with the entire text of the measure, in as

many newspapers of general circulation as deemed by the

Secretary of the Commonwealth to be sufficient to give notice

throughout this Commonwealth at least 20 days before the

election in which the measure is presented to the electors. This

information shall also be made available to the general public

in printed form.

(11)  The Secretary of the Commonwealth shall certify no more

than six initiative measures in an election. Each measure shall

be limited to only one subject. If more than six measures are

submitted to the Secretary of the Commonwealth in one election,

the six measures with the largest numbers of signatures shall be

certified. If two or more measures are substantially similar

questions, whether or not they conflict, only the measure with

the largest number of signatures shall be certified.

(12)  An initiative statute or amendment to the Constitution

approved by a majority of votes thereon takes effect the date

after the election unless the measure provides otherwise.

(13)  No direct initiative measure shall appear on the ballot

in an election more often than once in five years as a direct

initiative measure.

(14)  In addition to the duties imposed on the Legislative

Reference Bureau under paragraphs (9) and (10), the Legislative

Reference Bureau shall:

(i)  Prepare a fiscal impact statement on any proposed

initiative measure.

(ii)  Assist the general public at the Bureau's business

office in the drafting of any initiative proposal.

(15)  The General Assembly may amend or repeal an initiative

statute only upon a vote of two-thirds of the members elected to

the Senate and the House of Representatives.

(16)  The veto power of the Governor shall not extend to an

initiative statute approved by the electors.

(17)  If two or more ballot questions that have conflicting

provisions are approved by the voters at the same election,

those provisions of the ballot question receiving the most votes

shall prevail and be enacted into law. All other provisions of

the ballot questions that are not in conflict shall be enacted

into law.

(b)  (1)  The people reserve to themselves the power of the

indirect initiative to propose statutes and amendments to this

Constitution at the polls.

(2)  The indirect initiative is the power of the electors to

propose statutes and amendments to this Constitution and to

cause the General Assembly to take a vote in the Senate and the

House of Representatives on the approved proposal in the current

legislative session or, if the proposal is approved at a general

election, no later than the next legislative session.

(3)  An indirect initiative measure may be proposed by

presenting to the Secretary of the Commonwealth a petition that

sets forth the text of the proposed statute or amendment to this

Constitution and is certified by the Secretary of the

Commonwealth to have been signed by registered electors equal in

number to 5% in the case of a statute, or 10% in the case of an

amendment to the Constitution, of the votes for all candidates

for Governor at the last gubernatorial election.

(4)  Signatures on indirect initiative petitions must be

obtained from at least 5% of the registered electors as of the

date of the last gubernatorial election in each of 36 counties

in this Commonwealth.

(5)  The Secretary of the Commonwealth shall only certify a

measure on which all signatures on petitions are obtained and

affixed to the petitions for the measure during the same regular

session of the General Assembly and which is submitted by 5 p.m.

on Friday after the second Thursday of February in the second

year of that session.

(6)  An indirect initiative measure embracing more than one

subject may not be submitted to the electors or have any effect.

(7)  The Secretary of the Commonwealth shall submit the

measure at the next general, municipal, primary or special

statewide election held at least 75 days after certification.

(8)  The Secretary of the Commonwealth shall submit the

approved indirect initiative to the clerk of the Senate within

ten Senate session days of its approval and to the clerk of the

House of Representatives within ten House session days of its

approval.

(9)  The measure shall be referred to the appropriate

committee of the Senate and the House of Representatives, and

the committees shall report out their respective measures with

or without amendment for consideration by the full Senate and

the House of Representatives, respectively. The General Assembly

shall not finally adjourn a legislative session without a vote

being taken by the Senate and the House of Representatives on an

indirect initiative measure that is properly before the General

Assembly.

(10)  Once an indirect initiative measure is enacted by the

General Assembly, the Secretary of the Commonwealth shall submit

the measure to the people for approval or rejection at the next

scheduled statewide election held at least 75 days after the

enactment.

(11)  If no action is taken by the General Assembly on an

indirect initiative measure before the end of the regular

session of the General Assembly, the Secretary of the

Commonwealth shall submit the measure to the people for approval

or rejection at the next scheduled statewide election held at

least 75 days after the end of the regular session.

(12)  The General Assembly:

(i)  Shall provide the manner in which petitions shall be

circulated, presented and certified and the qualifications for

individuals circulating petitions.

(ii)  Shall require by law measures to ensure full disclosure

of disbursements made and receipts obtained by parties who have

an interest in indirect initiative measures and who have

exceeded a statutory threshold for such disbursements and

receipts for any one indirect initiative measure in each

election.

(iii)  May require by law reasonable limits on contributions

made to parties who have an interest in the passage or defeat of

an indirect initiative measure for each measure and in each

election.

(iv)  Shall require by law the full disclosure of any

disbursements made by a person or corporation from another state

to advocate the passage or defeat of an indirect initiative

measure.

(13)  An indirect initiative petition, in order to be

eligible for certification by the Secretary of the Commonwealth,

shall first be signed by 200 registered electors of this

Commonwealth, who shall pay an administrative fee not exceeding

the fee required by law for the filing of nomination petitions

by candidates for public office to be filled by the electors of

the State-at-large. If the Secretary of the Commonwealth shall

certify that the petition contains the entire text of the

measure; that the measure is not, either affirmatively or

negatively, substantially the same as any measure which has been

submitted to the electors in the previous five years; and that

it contains only one subject which is not excluded from

consideration under this section, then the Secretary of the

Commonwealth shall provide blanks for the use of subsequent

signers, and shall print at the top of each blank a fair,

concise summary, as determined by the Legislative Reference

Bureau, of the proposed measure as such summary will appear on

the ballot. The summary shall be written in clear and simple

English.

(14)  The Legislative Reference Bureau shall, within ten days

of the certification of an indirect initiative petition upon

which the required number of signatures have been affixed,

prepare an explanation or argument, or both, for, and also an

explanation or argument, or both, against, the same. The

Secretary of the Commonwealth shall then publish the summary and

explanations and arguments, including a discussion of any

changes made by the General Assembly, together with the entire

text of the measure, in as many newspapers of general

circulation as deemed by the Secretary of the Commonwealth to be

sufficient to give notice throughout this Commonwealth at least

20 days before the election in which the measure is presented to

the electors. This information shall also be made available to

the general public in printed form.

(15)  The Secretary of the Commonwealth shall certify no more

than six indirect initiative measures in an election. Each

measure shall be limited to only one subject. If more than six

measures are submitted to the Secretary of the Commonwealth in

one election, the six measures with the largest numbers of

signatures shall be certified. If two or more measures are

substantially similar questions, whether or not they conflict,

only the measure with the largest number of signatures shall be

certified.

(16)  An indirect initiative statute or amendment to the

Constitution approved by a majority of votes thereon takes

effect the date after the election unless the measure provides

otherwise.

(17)  No indirect initiative measure shall appear on the

ballot in an election more often than once in five years as an

indirect initiative measure.

(18)  In addition to the duties imposed on the Legislative

Reference Bureau under paragraphs (12) and (13), the Legislative

Reference Bureau shall:

(i)  Prepare a fiscal impact statement on any proposed

initiative measure.

(ii)  Assist the general public at the Bureau's business

office in the drafting of any initiative proposal.

(19)  The General Assembly may amend or repeal an initiative

statute only upon a vote of two-thirds of the members elected to

the Senate and the House of Representatives.

(20)  The veto power of the Governor shall not extend to an

initiative statute approved by the electors.

(21)  If two or more ballot questions that have conflicting

provisions are approved by the voters at the same election,

those provisions of the ballot question receiving the most votes

shall prevail and be enacted into law. All other provisions of

the ballot questions that are not in conflict shall be enacted

into law.

(c)  Powers relating to referendum shall be as follows:

(1)  The people reserve to themselves the power of the

referendum to approve or reject statutes or parts of statutes

passed by the General Assembly.

(2)  The referendum is the power of the electors to approve

or reject statutes or parts of statutes except emergency

statutes or statutes calling elections.

(3)  A referendum measure may be proposed by presenting to

the Secretary of the Commonwealth, within 120 days after the

enactment date of the statute, a petition certified to have been

signed by registered electors equal in number to 8% of the votes

for all candidates for Governor at the last gubernatorial

election asking that the statute or part of it be submitted to

the electors.

(4)  Signatures on referendum petitions must be obtained from

at least 5% of the registered electors as of the date of the

last gubernatorial election in each of 36 counties in this

Commonwealth.

(5)  If a petition is certified to have been signed by

registered electors equal to 10% of the votes for all candidates

for Governor at the last gubernatorial election in each of 36

counties in this Commonwealth, the effective date of the enacted

legislation is suspended until the next election at which time

the measure shall be submitted to the electors.

(6)  The Secretary of the Commonwealth shall submit the

measure at the next general, municipal, primary or special

statewide election held at least 75 days after it qualifies.

(7)  The General Assembly:

(i)  Shall provide the manner in which petitions shall be

circulated, presented and certified and the qualifications for

individuals circulating petitions.

(ii)  Shall require by law measures to ensure full disclosure

of disbursements made and receipts obtained by parties who have

an interest in referendum measures and who have exceeded a

statutory threshold for such disbursements and receipts for any

one referendum measure in each election.

(iii)  May require by law reasonable limits on contributions

made to parties who have an interest in the passage or defeat of

a referendum measure for each measure and in each election.

(iv)  Shall require by law the full disclosure of any

disbursements made by a person or corporation from another state

to advocate the passage or defeat of a referendum measure.

(8)  A referendum petition, in order to be eligible for

certification by the Secretary of the Commonwealth, shall first

be signed by 200 registered electors of this Commonwealth, who

shall pay an administrative fee not exceeding the fee required

by law for the filing of nomination petitions by candidates for

public office to be filled by the electors of the State-at-

large. If the Secretary of the Commonwealth shall certify that

the petition contains the entire text of the measure; that the

measure is not, either affirmatively or negatively,

substantially the same as any measure which has been submitted

to the electors in the previous five years; and that it contains

only one subject which is not excluded from consideration under

this section, then the Secretary of the Commonwealth shall

provide blanks for the use of subsequent signers, and shall

print at the top of each blank a fair, concise summary, as

determined by the Legislative Reference Bureau, of the proposed

measure as such summary will appear on the ballot.

(9)  The Legislative Reference Bureau shall, within ten days

of the certification of a referendum petition upon which the

required number of signatures have been affixed, prepare an

explanation or argument, or both, for, and also an explanation

or argument, or both, against, the same. The Secretary of the

Commonwealth shall then publish the summary and explanations and

arguments, together with the entire text of the measure, in as

many newspapers of general circulation as deemed by the

Secretary of the Commonwealth to be sufficient to give notice

throughout this Commonwealth at least 20 days before the

election in which the measure is presented to the electors. This

information shall also be made available to the general public

in printed form.

(10)  The Secretary of the Commonwealth shall certify no more

than six referendum measures in an election. Each measure shall

be limited to only one subject. If more than six measures are

submitted to the Secretary of the Commonwealth in one election,

the six measures with the largest numbers of signatures shall be

certified. If two or more measures are substantially similar

questions, whether or not they conflict, only the measure with

the largest number of signatures shall be certified.

(11)  A referendum approved by a majority of votes thereon

takes effect the date after the election unless the measure

provides otherwise.

(12)  No referendum measure shall appear on the ballot in an

election more often than once in five years as a referendum

measure.

(13)  In addition to the duties imposed on the Legislative

Reference Bureau under paragraphs (8) and (9), the Legislative

Reference Bureau shall:

(i)  Prepare a fiscal impact statement on any proposed

referendum measure.

(ii)  Assist the general public at the Bureau's business

office in the drafting of any referendum proposal.

(14)  The General Assembly may amend or repeal a referendum

statute only upon a vote of two-thirds of the members elected to

the Senate and the House of Representatives.

(15)  The veto power of the Governor shall not extend to a

referendum statute approved by the electors.

(16)  If two or more ballot questions that have conflicting

provisions are approved by the voters at the same election,

those provisions of the ballot question receiving the most votes

shall prevail and be enacted into law. All other provisions of

the ballot questions that are not in conflict shall be enacted

into law.

Section 2.  (a)  Upon the first passage by the General

Assembly of these proposed constitutional amendments, the

Secretary of the Commonwealth shall proceed immediately to

comply with the advertising requirements of section 1 of Article

XI of the Constitution of Pennsylvania and shall transmit the

required advertisements to two newspapers in every county in

which such newspapers are published in sufficient time after

passage of these proposed constitutional amendments.

(b)  Upon the second passage by the General Assembly of these

proposed constitutional amendments, the Secretary of the

Commonwealth shall proceed immediately to comply with the

advertising requirements of section 1 of Article XI of the

Constitution of Pennsylvania and shall transmit the required

advertisements to two newspapers in every county in which such

newspapers are published in sufficient time after passage of

these proposed constitutional amendments. The Secretary of the

Commonwealth shall:

(1)  Submit the proposed constitutional amendments adding

section 1(b) of Article II and section 33(a) of Article III

of the Constitution of Pennsylvania to the qualified electors

of this Commonwealth as a single separate ballot question at

the first primary, general or municipal election which meets

the requirements of and is in conformance with section 1 of

Article XI of the Constitution of Pennsylvania and which

occurs at least three months after the proposed

constitutional amendments are passed by the General Assembly.

(2)  Submit the proposed constitutional amendments adding

section 1(c) of Article II and section 33(b) of Article III

of the Constitution of Pennsylvania to the qualified electors

of this Commonwealth as a single separate ballot question at

the first primary, general or municipal election which meets

the requirements of and is in conformance with section 1 of

Article XI of the Constitution of Pennsylvania and which

occurs at least three months after the proposed

constitutional amendments are passed by the General Assembly.

(3)  Submit the proposed constitutional amendments adding

section 1(d) of Article II and section 33(c) of Article III

of the Constitution of Pennsylvania to the qualified electors

of this Commonwealth as a single separate ballot question at

the first primary, general or municipal election which meets

the requirements of and is in conformance with section 1 of

Article XI of the Constitution of Pennsylvania and which

occurs at least three months after the proposed

constitutional amendments are passed by the General Assembly.