PRINTER'S NO. 1408
No. 1128 Session of 2001
INTRODUCED BY GREENLEAF, BOSCOLA, EARLL, GERLACH, KITCHEN AND
KUKOVICH, OCTOBER 11, 2001
REFERRED TO STATE GOVERNMENT, OCTOBER 11, 2001
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 processes under certain
4 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 Pennsylvania is proposed in accordance with Article XI:
9 That Article III be amended by adding sections to read:
10 § 33. Initiative.
11 (a) The initiative is the power of the electors to propose
12 statutes and amendments to the Constitution and to adopt or
13 reject them.
14 (b) An initiative measure may be proposed by presenting to
15 the Secretary of the Commonwealth a petition that sets forth the
16 text of the proposed statute or amendment to the Constitution
17 and is certified by the Secretary of the Commonwealth to have
18 been signed by electors equal in number to 5%, in the case of a
1 statute, or 8%, in the case of an amendment to the Constitution,
2 of the votes for all candidates for Governor at the last
3 gubernatorial election.
4 (c) The Secretary of the Commonwealth shall then submit the
5 measure at the next general election held at least 31 days after
6 it 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 levies
15 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 the Commonwealth, within 90 days after the
19 enactment date of the statute, a petition certified to have been
20 signed by electors, equal in number to 5% of the votes for all
21 candidates for Governor at the last gubernatorial election,
22 asking that the statute or part of it be submitted to the
23 electors.
24 (c) The Secretary of the Commonwealth shall then submit the
25 measure at the next general election held at least 31 days after
26 it qualifies or at a special statewide election held prior to
27 that general election. The Governor may call a special statewide
28 election for the measure.
29 § 35. Initiative and referendum.
30 (a) An initiative statute or referendum approved by a
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1 majority of votes thereon takes effect the day after the vote is
2 certified unless the measure provides otherwise. If a referendum
3 petition is filed against a part of a statute, the remainder
4 shall not be delayed from going into effect.
5 (b) If provisions of two or more measures approved at the
6 same election conflict, those of the measure receiving the
7 highest affirmative vote shall prevail.
8 (c) The General Assembly may amend or repeal referendum
9 statutes. It may amend or repeal an initiative statute by
10 another statute that becomes effective only when approved by the
11 electors unless the initiative statute permits amendment or
12 repeal without their approval.
13 (d) Prior to circulation of an initiative or referendum
14 petition for signatures, a copy shall be submitted to the
15 Legislative Reference Bureau which shall prepare a title and
16 summary of the measure as provided by law.
17 (e) The General Assembly shall provide the manner in which
18 petitions shall be circulated, presented and certified and in
19 which measures are submitted to the electors.
20 § 36. Prohibiting naming private corporation or individual to
21 office.
22 No amendment to the Constitution and no statute proposed to
23 the electors by the General Assembly, or by initiative, that
24 names an individual to hold an office or names or identifies a
25 private corporation to perform a function or to have a power or
26 duty, may be submitted to the electors or have any effect.
27 Section 2. (a) Upon the first passage by the General
28 Assembly of this proposed constitutional amendment, the
29 Secretary of the Commonwealth shall proceed immediately to
30 comply with the advertising requirements of section 1 of Article
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1 XI of the Constitution of Pennsylvania and shall transmit the
2 required advertisements to two newspapers in every county in
3 which such newspapers are published in sufficient time after
4 passage of this proposed constitutional amendment.
5 (b) Upon the second passage by the General Assembly of this
6 proposed constitutional amendment, the Secretary of the
7 Commonwealth shall proceed immediately to comply with the
8 advertising requirements of section 1 of Article XI of the
9 Constitution of Pennsylvania and shall transmit the required
10 advertisements to two newspapers in every county in which such
11 newspapers are published in sufficient time after passage of
12 this proposed constitutional amendment. The Secretary of the
13 Commonwealth shall submit this proposed constitutional amendment
14 to the qualified electors of this Commonwealth at the first
15 primary, general or municipal election which meets the
16 requirements of and is in conformance with section 1 of Article
17 XI of the Constitution of Pennsylvania and which occurs at least
18 three months after the proposed constitutional amendment is
19 passed by the General Assembly.
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