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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BOSCOLA, BROWNE, RAFFERTY AND FONTANA, FEBRUARY 25, 2011 |
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| REFERRED TO STATE GOVERNMENT, FEBRUARY 25, 2011 |
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| A JOINT RESOLUTION |
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1 | Proposing an amendment to the Constitution of the Commonwealth |
2 | of Pennsylvania, authorizing the use of the indirect |
3 | initiative and referendum as powers reserved to the people. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby resolves as follows: |
6 | Section 1. The following amendment to the Constitution of |
7 | Pennsylvania is proposed in accordance with Article XI: |
8 | That Article III be amended by adding a section to read: |
9 | § 33. Powers reserved to the people. |
10 | (a) (1) The legislative power of this Commonwealth shall be |
11 | vested in the Senate and the House of Representatives, but the |
12 | people reserve to themselves the power to propose laws and |
13 | amendments to this Constitution at the polls. |
14 | (2) The indirect initiative is the power of the electors to |
15 | propose statutes and amendments to this Constitution and to |
16 | cause the General Assembly to take a vote in each House on the |
17 | approved proposal in the current legislative session or, if the |
18 | proposal is approved at a general election, no later than the |
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1 | next legislative session. |
2 | (3) An indirect initiative measure may be proposed by |
3 | presenting to the Secretary of the Commonwealth a petition that |
4 | sets forth the text of the proposed statute or amendment to this |
5 | Constitution and is certified by the Secretary of the |
6 | Commonwealth to have been signed by registered electors equal in |
7 | number to 5% of the votes for all candidates for Governor at the |
8 | last gubernatorial election in each of the 45 counties in this |
9 | Commonwealth. |
10 | (4) The Secretary of the Commonwealth shall only certify a |
11 | measure on which all signatures on petitions are obtained and |
12 | affixed to the petitions for the measure during the same regular |
13 | session of the General Assembly and which is submitted by 5 p.m. |
14 | on Friday after the second Thursday of February in the second |
15 | year of that session. |
16 | (5) An indirect initiative measure embracing more than one |
17 | subject may not be submitted to the electors or have any effect. |
18 | (6) No measure that relates to religion, religious practices |
19 | and institutions; the appointment, qualification, tenure, |
20 | removal, recall or compensation of judges; the reversal of a |
21 | judicial decision; the powers, creation or abolition of courts; |
22 | the making of a specific appropriation of money from the |
23 | treasury; and the naming of a private corporation to perform a |
24 | function or to have a power or duty shall be proposed by an |
25 | indirect initiative petition. |
26 | (7) The Secretary of the Commonwealth shall submit the |
27 | measure at the next general, municipal, primary or special |
28 | statewide election held at least 75 days after it qualifies. |
29 | (8) The Secretary of the Commonwealth shall then submit the |
30 | measure to the clerk of the Senate within ten Senate session |
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1 | days of its receipt and to the clerk of the House of |
2 | Representatives within ten House session days of its receipt. |
3 | (9) The measure shall be referred to the appropriate |
4 | committee of the Senate and the House of Representatives, and |
5 | the committees shall report out their respective measures for |
6 | consideration by the full Senate and the House of |
7 | Representatives, respectively. The General Assembly shall not |
8 | finally adjourn a legislative session without a vote being taken |
9 | by the Senate and the House of Representatives on an indirect |
10 | initiative measure that is properly before the General Assembly. |
11 | (b) (1) The legislative power of this Commonwealth shall be |
12 | vested in the Senate and the House of Representatives, but the |
13 | people reserve to themselves the power, at their own option, to |
14 | reject statutes or parts of statutes passed by the General |
15 | Assembly. |
16 | (2) The referendum is the power of the electors to reject |
17 | statutes or parts of statutes except urgency statutes or |
18 | statutes calling elections. |
19 | (3) A referendum measure may be proposed by presenting to |
20 | the Secretary of the Commonwealth, within 90 days after the |
21 | enactment date of the statute, a petition certified to have been |
22 | signed by registered electors equal in number to 5% of the votes |
23 | for all candidates for Governor at the last gubernatorial |
24 | election in each of the 45 counties in this Commonwealth asking |
25 | that the statute or part of it be submitted to the electors. |
26 | (4) If a petition is certified to have been signed by |
27 | registered electors equal to 10% of the votes for all candidates |
28 | for Governor at the last gubernatorial election in each of the |
29 | 45 counties in this Commonwealth, the effective date of the |
30 | enacted legislation is suspended until the next election at |
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1 | which time the measure shall be submitted to the electors. |
2 | (5) The Secretary of the Commonwealth shall submit the |
3 | measure at the next general, municipal, primary or special |
4 | statewide election held at least 75 days after it qualifies. |
5 | (c) (1) The General Assembly shall provide the manner in |
6 | which petitions shall be circulated, presented and certified and |
7 | require by law measures to insure full disclosure of |
8 | disbursements made and receipts obtained by parties who have an |
9 | interest in indirect initiative and referendum measures and who |
10 | have exceeded a statutory threshold for these disbursements and |
11 | receipts for any one indirect initiative or referendum measure |
12 | in each election. The General Assembly shall also require by law |
13 | reasonable limits on contributions made to parties who have an |
14 | interest in the passage or defeat of an indirect initiative or |
15 | referendum measure for each measure and in each election. The |
16 | General Assembly shall also require by law the full disclosure |
17 | of any disbursements made by a person or corporation from |
18 | another state to advocate the passage or defeat of an indirect |
19 | initiative or referendum measure. The General Assembly shall, |
20 | within 90 days following approval of this section, enact the |
21 | legislation outlined in this paragraph. |
22 | (2) An indirect initiative or referendum petition, in order |
23 | to be eligible for certification by the Secretary of the |
24 | Commonwealth, shall first be signed by 100 registered electors |
25 | of the Commonwealth, the originators, who shall pay an |
26 | administrative fee not exceeding the fee required by law for the |
27 | filing of nomination petitions by candidates for public office |
28 | to be filled by the electors of the State-at-large. If the |
29 | Secretary of the Commonwealth shall certify that the petition |
30 | contains the entire text of the measure, that the measure is |
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1 | not, either affirmatively or negatively, substantially the same |
2 | as any measure which has been previously submitted to the |
3 | electors during the same session of the General Assembly and |
4 | that it contains only one subject which is not excluded from |
5 | consideration under this section, then the Secretary of the |
6 | Commonwealth shall provide blanks for the use of subsequent |
7 | signers and shall print at the top of each blank the names of |
8 | the first ten originators and a fair, concise summary, as |
9 | determined by the Secretary of the Commonwealth, of the proposed |
10 | measure as the summary will appear on the ballot. |
11 | (3) The Department of State shall, within ten days of the |
12 | certification of an indirect initiative or referendum petition |
13 | upon which the required number of signatures have been affixed, |
14 | prepare an explanation or argument, or both, for and also an |
15 | explanation or argument, or both, against the same. The |
16 | Secretary of the Commonwealth shall then publish the summary and |
17 | explanations and arguments, together with the entire text of the |
18 | measure, in as many newspapers of general circulation as deemed |
19 | by the Secretary of the Commonwealth to be sufficient to give |
20 | notice throughout this Commonwealth at least 20 days before the |
21 | election in which the measure is presented to the electors. This |
22 | information shall also be made available to the general public |
23 | in printed form. |
24 | (4) The Secretary of the Commonwealth shall certify no more |
25 | than two indirect initiatives or two referendum measures in an |
26 | election. Each measure shall be limited to only one subject. If |
27 | more than two measures are submitted to the Secretary of the |
28 | Commonwealth, the two measures with the largest numbers of |
29 | signatures shall be certified. If two or more measures are |
30 | substantially similar in subject matter, whether or not they |
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1 | conflict, only the measure with the largest number of signatures |
2 | shall be certified. |
3 | (5) No more than three indirect initiative and referendum |
4 | measures shall be certified by the Secretary of the Commonwealth |
5 | in any two-year period. |
6 | (6) No measure shall appear on the ballot in an election |
7 | more often than once during a legislative session. |
8 | (7) The General Assembly shall not finally adjourn a |
9 | legislative session without a vote being taken by the Senate and |
10 | the House of Representatives on a referendum statute that is |
11 | properly before the General Assembly. The General Assembly may |
12 | override a referendum statute only upon a vote of two-thirds of |
13 | the members elected to the Senate and the House of |
14 | Representatives. |
15 | Section 2. (a) Upon the first passage by the General |
16 | Assembly of this proposed constitutional amendment, the |
17 | Secretary of the Commonwealth shall proceed immediately to |
18 | comply with the advertising requirements of section 1 of Article |
19 | XI of the Constitution of Pennsylvania and shall transmit the |
20 | required advertisements to two newspapers in every county in |
21 | which such newspapers are published in sufficient time after |
22 | passage of this proposed constitutional amendment. |
23 | (b) Upon the second passage by the General Assembly of this |
24 | proposed constitutional amendment, the Secretary of the |
25 | Commonwealth shall proceed immediately to comply with the |
26 | advertising requirements of section 1 of Article XI of the |
27 | Constitution of Pennsylvania and shall transmit the required |
28 | advertisements to two newspapers in every county in which such |
29 | newspapers are published in sufficient time after passage of |
30 | this proposed constitutional amendment. The Secretary of the |
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1 | Commonwealth shall submit this proposed constitutional amendment |
2 | to the qualified electors of this Commonwealth at the first |
3 | primary, general or municipal election which meets the |
4 | requirements of and is in conformance with section 1 of Article |
5 | XI of the Constitution of Pennsylvania and which occurs at least |
6 | three months after the proposed constitutional amendment is |
7 | passed by the General Assembly. |
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