PRINTER'S NO. 716
No. 660 Session of 1979
INTRODUCED BY MILLER, MOEHLMANN, NOYE AND CORNELL,
MARCH 13, 1979
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 13, 1979
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 eight 8% in the case of an
1 amendment to the Constitution, of the votes for all candidates
2 for Governor at the last gubernatorial election.
3 (c) The Secretary of State shall then submit the measure at
4 the next general election held at least 131 days after it
5 qualifies or at any special statewide election held prior to
6 that general election. The Governor may call a special statewide
7 election for the measure.
8 (d) An initiative measure embracing more than one subject
9 may not be submitted to the electors or have any effect.
10 § 34. Referendum.
11 (a) The referendum is the power of the electors to approve
12 or reject statutes or parts of statutes except urgency statutes,
13 statutes calling elections, and statutes providing for tax
14 levies or appropriations for usual current expenses of the
15 Commonwealth.
16 (b) A referendum measure may be proposed by presenting to
17 the Secretary of State, within 90 days after the enactment date
18 of the statute, a petition certified to have been signed by
19 electors equal in number to 5% of the votes for all candidates
20 for Governor at the last gubernatorial election, asking that the
21 statute or part of it be submitted to the electors.
22 (c) The Secretary of State shall then submit the measure at
23 the next general election held at least 31 days after it
24 qualifies or at a special statewide election held prior to that
25 general election. The Governor may call a special statewide
26 election for the measure.
27 § 35. Initiative and referendum.
28 (a) An initiative statute or referendum approved by a
29 majority of votes thereon takes effect the day after the
30 election unless the measure provides otherwise. If a referendum
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1 petition is filed against a part of a statute the remainder
2 shall not be delayed from going into effect.
3 (b) If provisions of two or more measures approved at the
4 same election conflict, those of the measure receiving the
5 highest affirmative vote shall prevail.
6 (c) The General Assembly may amend or repeal referendum
7 statutes. It may amend or repeal an initiative statute by
8 another statute that becomes effective only when approved by the
9 electors unless the initiative statute permits amendment or
10 repeal without their approval.
11 (d) Prior to circulation of an initiative or referendum
12 petition for signatures, a copy shall be submitted to the
13 Legislative Reference Bureau which shall prepare a title and
14 summary of the measure as provided by law.
15 (e) The General Assembly shall provide the manner in which
16 petitions shall be circulated, presented, and certified, and
17 measures submitted to the electors.
18 § 36. Local initiative and referendum.
19 Initiative and referendum powers may be exercised by the
20 electors of each city or county under procedures that the
21 General Assembly shall provide. This section shall not affect a
22 city having an optional charter.
23 § 37. Prohibition against naming private corporation or
24 individual to office.
25 No amendment to the Constitution, and no statute proposed to
26 the electors by the General Assembly or by initiative, that
27 names an individual to hold an office, or names or identifies a
28 private corporation to perform a function or to have a power or
29 duty, may be submitted to the electors or have any effect.
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