PRIOR PASSAGE - NONE PRINTER'S NO. 1348
No. 1184 Session of 1991
INTRODUCED BY MRKONIC, FAIRCHILD, DeLUCA, FOX, ROEBUCK, HALUSKA, TIGUE, ARMSTRONG, BUNT AND STEELMAN, APRIL 17, 1991
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 17, 1991
A JOINT RESOLUTION 1 Proposing an amendment to the Constitution of the Commonwealth 2 of Pennsylvania, authorizing initiative and referendum. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby resolves as follows: 5 Section 1. The following amendment to the Constitution of 6 Pennsylvania is proposed in accordance with Article XI: 7 That Article III be amended by adding a subdivision to read: 8 ARTICLE III 9 LEGISLATION 10 * * * 11 F. INITIATIVE AND REFERENDUM 12 § 33. Initiative. 13 (a) The legislative power of this Commonwealth shall be 14 vested in the Senate and House of Representatives, but the 15 people reserve to themselves the power to propose laws and 16 amendments to the Constitution, and to adopt or reject the same 17 at the polls, independent of the General Assembly, and also
1 reserve the power, at their own option, to so adopt or reject 2 any act, or section or part of any act, passed by the General 3 Assembly. 4 (b) The initiative is the power of the electors to propose 5 statutes and amendments to the Constitution and to adopt or 6 reject them. 7 (c) An initiative measure may be proposed by presenting to 8 the Secretary of the Commonwealth a petition that sets forth the 9 text of the proposed statute or amendment to the Constitution 10 and is certified to have been signed by electors equal in number 11 to 7% in the case of a statute and 10% in the case of an 12 amendment to the Constitution of the votes for all candidates 13 for Governor at the last gubernatorial election. 14 (d) The Secretary of the Commonwealth shall submit the 15 measure at the next general election held at least 131 days 16 after it qualifies or at any special statewide election held 17 prior to that general election. The Governor may call a special 18 statewide election for the measure. 19 (e) An initiative measure embracing more than one subject 20 may not be submitted to the electors or have any effect. 21 § 34. Referendum. 22 (a) A referendum is the power of the electors to approve or 23 reject statutes or parts of statutes, except emergency statutes, 24 statutes calling elections and statutes providing for tax levies 25 or appropriations for usual current expenses of the 26 Commonwealth. 27 (b) A referendum measure may be proposed by presenting to 28 the Secretary of the Commonwealth, within 60 days after 29 adjournment of the regular session at which the statute was 30 passed or within 90 days after adjournment of the special 19910H1184B1348 - 2 -
1 session at which the statute was passed, a petition certified to 2 have been signed by electors equal in number to 7% of the votes 3 for all candidates for Governor at the last gubernatorial 4 election, asking that the statute or part of it be submitted to 5 the electors. 6 (c) The Secretary of the Commonwealth shall then submit the 7 measure at the next general election held at least 31 days after 8 it qualifies or at a special statewide election held prior to 9 that general election. The Governor may call a special statewide 10 election for the measure. 11 § 35. Initiative and referendum. 12 (a) An initiative statute or referendum approved by a 13 majority of votes thereon takes effect five days after the date 14 of the official certification of the vote by the Secretary of 15 the Commonwealth unless the measure provides otherwise. If a 16 referendum petition is filed against a part of a statute, the 17 remainder of the statute shall not be delayed from going into 18 effect. 19 (b) If provisions of two or more measures approved at the 20 same election conflict, those of the measure receiving the 21 highest affirmative vote shall prevail. 22 (c) Except as provided in this section, the General Assembly 23 may amend or repeal referendum statutes. It may amend or repeal 24 an initiative statute by another statute that becomes effective 25 only when approved by the electors unless the initiative statute 26 permits amendment or repeal without their approval. An 27 initiative statute or referendum shall not be amended or 28 repealed when it was adopted by a vote of a number of electors 29 equal to a majority of the electors registered to vote at the 30 preceding gubernatorial election nor shall any other initiative 19910H1184B1348 - 3 -
1 statute or referendum be amended or repealed within two years of 2 its approval except upon the approval of two-thirds of the 3 members elected to the Senate and the House of Representatives. 4 (d) The veto power of the Governor shall not extend to an 5 initiative or referendum statute approved by the electors. 6 (e) Prior to the circulation of an initiative or referendum 7 petition for signatures, a copy shall be submitted to the 8 Attorney General who shall prepare a title and summary of the 9 measure. 10 (f) The General Assembly shall provide the manner in which 11 petitions shall be circulated, presented and certified, and 12 measures shall be submitted to the electors. 13 § 36. Local initiative and referendum. 14 Initiative and referendum powers may be exercised by the 15 electors of each municipality under procedures that the General 16 Assembly shall provide. 17 § 37. Prohibition against naming private corporation or 18 individual to office. 19 No amendment to the Constitution, and no statute proposed to 20 the electors by the General Assembly or by initiative, that 21 names an individual to hold an office, or names or identifies a 22 private corporation to perform a function or to have a power or 23 duty, may be submitted to the electors or have any effect. B15L83JLW/19910H1184B1348 - 4 -