PRINTER'S NO. 958
No. 851 Session of 1977
INTRODUCED BY REED, MILLER, ZITTERMAN, BROWN, DeWEESE AND
ZELLER, MARCH 30, 1977
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 30, 1977
A JOINT RESOLUTION
1 Proposing an amendment to the Constitution of the Commonwealth
2 of Pennsylvania, authorizing the use of the initiative and
3 referendum as Commonwealth and local government processes
4 under certain circumstances.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby resolves as follows:
7 Section 1. The following amendment to the Constitution of
8 the Commonwealth of Pennsylvania is proposed in accordance with
9 the provisions of Article XI thereof:
10 That Article III be amended by adding sections to read:
11 § 33. Initiative.
12 (a) The initiative is the power of the electors to propose
13 statutes and amendments to the Constitution and to adopt or
14 reject them.
15 (b) An initiative measure may be proposed by presenting to
16 the Secretary of State a petition that sets forth the text of
17 the proposed statute or amendment to the Constitution and is
18 certified to have been signed by electors equal in number to 5%
19 in the case of a statute, and 8% in the case of an amendment to
1 the Constitution, of the votes for all candidates for Governor
2 at the last gubernatorial election. The petition shall include
3 electors of at lease ten different counties.
4 (c) The Secretary of State shall then submit the measure at
5 the next general election held at least 131 days after it
6 qualifies or at any special statewide election held prior to
7 that general election. The Governor may call a special statewide
8 election for the measure.
9 (d) An initiative measure embracing more than one subject
10 may not be submitted to the electors or have any effect.
11 § 34. Referendum.
12 (a) The referendum is the power of the electors to approve
13 or reject statutes or parts of statutes except urgency statutes,
14 statutes calling elections, and statutes providing for tax
15 levies or appropriations for usual current expenses of the
16 Commonwealth.
17 (b) A referendum measure may be proposed by presenting to
18 the Secretary of State, within 90 days after the enactment date
19 of the statute, a petition certified to have been signed by
20 electors equal in number to 5% of the votes for all candidates
21 for Governor at the last gubernatorial election, asking that the
22 statute or part of it be submitted to the electors.
23 (c) The Secretary of State shall then submit the measure at
24 the next general election held at least 31 days after it
25 qualifies or at a special statewide election held prior to that
26 general election. The Governor may call a special statewide
27 election for the measure.
28 § 35. Initiative and referendum.
29 (a) An initiative statute or referendum approved by a
30 majority of votes thereon takes effect the day after the
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1 election unless the measure provides otherwise. If a referendum
2 petition is filed against a part of a statute the remainder
3 shall not be delayed from going into effect.
4 (b) If provisions of two or more measures approved at the
5 same election conflict, those of the measure receiving the
6 highest affirmative vote shall prevail.
7 (c) The General Assembly may amend or repeal referendum
8 statutes. It may amend or repeal an initiative statute by
9 another statute that becomes effective only when approved by the
10 electors unless the initiative statute permits amendment or
11 repeal without their approval.
12 (d) Prior to circulation of an initiative or referendum
13 petition for signatures, a copy shall be submitted to the
14 Legislative Reference Bureau which shall prepare a title and
15 summary of the measure as provided by law.
16 (e) The General Assembly shall provide the manner in which
17 petitions shall be circulated, presented, and certified, and
18 measures submitted to the electors.
19 § 36. Local initiative and referendum.
20 Initiative and referendum powers may be exercised by the
21 electors of each city or county under procedures that the
22 General Assembly shall provide. This section shall not affect a
23 city having an optional charter.
24 § 37. Prohibition against naming private corporation or
25 individual to office.
26 No amendment to the Constitution, and no statute proposed to
27 the electors by the General Assembly or by initiative, that
28 names an individual to hold an office, or names or identifies a
29 private corporation to perform a function or to have a power or
30 duty, may be submitted to the electors or have any effect.
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