PRIOR PASSAGE - NONE
PRINTER'S NO. 1517
No. 1385 Session of 1993
INTRODUCED BY BUNT, HALUSKA, BATTISTO, TRELLO, NYCE, LEE, DENT,
LAUB, M. N. WRIGHT, MASLAND, MILLER, BAKER, GANNON, KENNEY,
HARLEY, VANCE, SERAFINI, PHILLIPS, KREBS, SCHEETZ, FAIRCHILD,
RAYMOND, ARMSTRONG, KING, TOMLINSON, CLARK, WOGAN, MELIO,
HANNA, FICHTER, GERLACH, CESSAR, TANGRETTI, LEH AND SEMMEL,
APRIL 21, 1993
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 21, 1993
A JOINT RESOLUTION
1 Proposing an amendment to the Constitution of the Commonwealth
2 of Pennsylvania, authorizing the use of an initiative process
3 to amend the Constitution as a power 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 XI be amended by adding a section to read:
9 § 2. Proposal of amendments by the electorate and their
10 adoption.
11 (a) The electors of this Commonwealth reserve unto
12 themselves the power to amend the Constitution through the
13 initiative.
14 (b) An amendment may be proposed through the initiative by
15 presenting to the Secretary of the Commonwealth a petition that
16 sets forth the text of the proposed amendment to the
1 Constitution and is certified to have been signed by registered
2 electors equal in number to 8% of the total votes cast Statewide
3 for all candidates for Governor at the last gubernatorial
4 election, subject to the restrictions in subsection (c).
5 (c) Signatures of electors on an initiative petition must be
6 obtained from at least 23 counties in numbers equal to 8% of the
7 total votes cast for all candidates for Governor at the last
8 gubernatorial election in each of the 23 respective counties.
9 (d) Upon receiving a petition for an initiative proposal,
10 the Secretary of the Commonwealth shall have up to 45 days to
11 certify that the petition contains a sufficient number of valid
12 signatures to qualify the proposal for the ballot. Certification
13 shall not be made until at least 21 days after the Secretary of
14 the Commonwealth receives an initiative petition. Objections to
15 the signatures contained on the petition must be filed within 21
16 days of its receipt by the Secretary of the Commonwealth. Unless
17 the initiative proposal fails to obtain the required number of
18 valid signatures, the Secretary of the Commonwealth shall submit
19 the proposal to the General Assembly on or before the final day
20 of the certification period.
21 (e) The General Assembly shall have 120 days after receiving
22 the initiative proposal from the Secretary of the Commonwealth
23 in which to endorse or amend the proposal. If the General
24 Assembly endorses the proposal without amendments or fails to
25 act within 120 days, the Secretary of the Commonwealth shall
26 submit the proposal to the electors at the next Statewide
27 general, municipal, primary or special election held at least 75
28 days after the legislature acts or the 120-day time period for
29 legislative action expires, whichever occurs first. If the
30 General Assembly amends the proposal, the Secretary of the
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1 Commonwealth shall submit both the original proposal and the
2 amended proposal to the electors at the next Statewide general,
3 municipal, primary or special election held at least 75 days
4 after the General Assembly approves the amended proposal. If
5 fewer than 120 days remain in the legislative session, the
6 Secretary of the Commonwealth shall hold the initiative proposal
7 until the succeeding session convenes. The General Assembly
8 shall have no authority to defeat a proposal to prevent it from
9 appearing on the ballot.
10 (f) Proposals placed before the electors by the people
11 through the initiative shall begin with the following words: "Be
12 it resolved by the People of the Commonwealth of Pennsylvania."
13 Proposals placed before the electors by legislative action shall
14 begin with the following words: "Be it resolved by the General
15 Assembly of the Commonwealth of Pennsylvania."
16 (g) An initiative amendment to the Constitution approved by
17 a majority of votes thereon takes effect the day after the
18 election results are certified, unless the proposal provides
19 otherwise. If the electors pass initiative proposals in the same
20 election which have conflicting provisions as determined by
21 Commonwealth Court, the conflicting provisions from the proposal
22 receiving the greater number of votes shall prevail. All
23 provisions not in conflict shall be deemed approved.
24 (h) A proposed amendment may amend one or more articles and
25 related subject matter in other articles as necessary to
26 accomplish the objectives of the proposal.
27 (i) No amendment of the Constitution submitted to the
28 electors by the initiative and supplementary petitions and
29 receiving an affirmative majority of the votes cast thereon
30 shall be held unconstitutional or void on account of the
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1 insufficiency of the petitions by which the submission of the
2 same was procured.
3 (j) Except as otherwise provided in this section, the
4 provisions of this section shall be self-executing. Statutes may
5 be passed to facilitate the operation of the initiative process,
6 but in no way limiting or restricting either the initiative
7 provisions or the powers reserved in the section.
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