PRIOR PRINTER'S NO. 324 PRINTER'S NO. 799
No. 304 Session of 1977
INTRODUCED BY MESSRS. PETRARCA, STEWART, A. K. HUTCHINSON,
LAUDADIO AND LIVENGOOD, FEBRUARY 9, 1977
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 23, 1977
A JOINT RESOLUTION
1 Proposing an emergency Constitutional amendment to the
2 Constitution of the Commonwealth of Pennsylvania granting the
3 General Assembly the power to enact special laws to aid
4 certain individuals, corporations, associations, institutions
5 or nonpublic schools adversely affected by conditions caused
6 by certain storms, floods, or tornados OR OTHER FUTURE MAJOR <--
7 DISASTERS.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby resolves as follows:
10 Section 1. Many Pennsylvanians have suffered greatly from
11 the ravages of great storms or floods in the last few years. The
12 great storms, floods or tornados of 1974, 1975 and 1976 are
13 additional major disasters causing loss of life and great damage
14 and destruction to property of individuals, industrial and
15 commercial establishments and public facilities. AND NO DOUBT <--
16 THERE WILL BE MANY MORE MAJOR DISASTERS OCCURRING IN FUTURE
17 YEARS.
18 It is imperative that the victims of these PAST, PRESENT AND <--
19 FUTURE disasters immediately receive the fullest possible aid
20 from both the public and private sectors in order to clean up
1 and rebuild the affected areas of the Commonwealth and that
2 persons in the Commonwealth be eligible for the maximum
3 available aid from the government of the United States.
4 The General Assembly desires to alleviate such storm or
5 economic deprivation caused by the floods and storms but is , <--
6 STORMS OR OTHER FUTURE DISASTERS limited in its efforts by rigid
7 restrictions in the Constitution of the Commonwealth of
8 Pennsylvania. The safety and welfare of the Commonwealth
9 requires prompt amendment to the Constitution of the
10 Commonwealth of Pennsylvania.
11 The following amendment to the Constitution of the
12 Commonwealth of Pennsylvania is proposed in accordance with the
13 emergency provisions contained in subsections (a) and (b) of
14 section 1 of Article XI thereof:
15 That section 17 of Article VIII of the Constitution of the <--
16 Commonwealth of Pennsylvania be amended to read:
17 § 17. Special emergency legislation.
18 (a) Notwithstanding any provisions of this Constitution to
19 the contrary, the General Assembly shall have the authority to
20 enact laws providing for tax rebates, credits, exemptions,
21 grants-in-aid, State supplementations, or otherwise provide
22 special provisions for individuals, corporations, associations
23 or nonprofit institutions, including nonpublic schools (whether
24 sectarian or nonsectarian) in order to alleviate the danger,
25 damage, suffering or hardship faced by such individuals,
26 corporations, associations, institutions or nonpublic schools as
27 a result of Great Storms, [or] Floods or Tornados of September
28 1971, of June, 1972, [or] of 1974, [or] of 1975, or of July 1976
29 OR AS A RESULT OF MAJOR DISASTERS OCCURRING ON OR AFTER THE DATE <--
30 THIS AMENDMENT IS APPROVED BY THE ELECTORATE.
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1 (B) WHENEVER THE GOVERNOR OF THIS COMMONWEALTH FINDS AS A
2 FACT AND SHALL OFFICIALLY HAVE PROCLAIMED THAT A MAJOR DISASTER
3 HAS OCCURRED ON OR AFTER THE EFFECTIVE DATE THIS AMENDMENT IS
4 APPROVED BY THE ELECTORATE, AND THAT AS A RESULT THEREOF
5 CONDITIONS OF EXTREME EMERGENCY EXIST IN ALL OR ANY PART OF
6 PENNSYLVANIA OF SUCH MAGNITUDE OR SEVERITY AS TO AFFECT THE
7 HEALTH, SAFETY OR WELFARE OF A SUBSTANTIAL NUMBER OF CITIZENS OF
8 THIS COMMONWEALTH OR AFFECTS PUBLIC FACILITIES OR INSTITUTIONS
9 OR THE ECONOMY OF THE BUSINESS COMMUNITY WITHIN THIS
10 COMMONWEALTH, THEN THE GENERAL ASSEMBLY, IN ITS WISDOM AND
11 DISCRETION, MAY EXERCISE THE LEGISLATIVE AUTHORITY PROVIDED IN
12 SUBSECTION (A).
13 SCHEDULE
14 THE FOREGOING AMENDMENT TO ARTICLE VIII SHALL TAKE EFFECT ON
15 THE DATE OF APPROVAL THEREOF BY THE ELECTORATE, AND SHALL BE A
16 PERMANENT PART OF THIS CONSTITUTION, EXCEPT THAT THE AMENDATORY
17 PROVISIONS OF SUBSECTION (A) RELATING TO TORNADOS OF JULY 1976
18 SHALL BE RETROACTIVE TO JULY OF 1976, PROVIDED, HOWEVER, THAT
19 SUBSECTIONS (A) OR (B) RELATING TO FUTURE MAJOR DISASTERS, SHALL
20 BE APPLICABLE ONLY DURING THAT PERIOD OF TIME FOR WHICH THE
21 GOVERNOR SHALL OFFICIALLY HAVE PROCLAIMED THAT A MAJOR DISASTER
22 HAS OCCURRED AND THAT CONDITIONS OF EXTREME EMERGENCY STILL
23 EXIST. SUCH CONDITIONS SHALL BE DEEMED TO EXIST ONLY UNTIL SUCH
24 TIME AS THE GOVERNOR SHALL OFFICIALLY HAVE PROCLAIMED THAT THEY
25 HAVE CEASED TO EXIST AT WHICH TIME ANY LAWS ENACTED PERTAINING
26 TO SUCH FUTURE EMERGENCY CONDITIONS SHALL BE DEEMED SUSPENDED TO
27 THE EXTENT THAT SUCH ARE INCONSISTENT OR IN CONFLICT WITH ANY
28 PROVISION OF THIS CONSTITUTION.
29 Section 2. This proposed amendment shall be submitted by the
30 Secretary of the Commonwealth to the qualified electors of the
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1 State at the municipal election to be held on November 2, 1977,
2 after the advertising requirements of subsection (a) of section
3 1 of Article XI of the Constitution of the Commonwealth of
4 Pennsylvania have been satisfied.
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