PRINTER'S NO. 1761

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No. 104 Session of 2006

        INTRODUCED BY FUMO, RHOADES, LOGAN, BROWNE, KITCHEN, CONTI,
           MUSTO, GREENLEAF, FONTANA, TARTAGLIONE, BOSCOLA, COSTA,
           O'PAKE, LAVALLE, KASUNIC, STACK, WASHINGTON, C. WILLIAMS,
           WOZNIAK, FERLO, MELLOW, A. WILLIAMS, HUGHES AND STOUT,
           APRIL 26, 2006

        REFERRED TO JUDICIARY, APRIL 26, 2006

                                     AN ACT

     1  Amending Title 1 (General Provisions) of the Pennsylvania
     2     Consolidated Statutes, providing for legislative process.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5     Section 1.  Title 1 of the Pennsylvania Consolidated Statutes
     6  is amended by adding a chapter to read:
     7                             CHAPTER 13
     8                        LEGISLATIVE PROCESS
     9  Sec.
    10  1301.  Definitions.
    11  1302.  Public notice.
    12  1303.  Referral to appropriations committee.
    13  1304.  Public hearing.
    14  1305.  Exigent circumstances.
    15  1306.  Legislative journal and voting history.
    16  1307.  Procedural violations.

     1  § 1301.  Definitions.
     2     (Reserved).
     3  § 1302.  Public notice.
     4     (Reserved).
     5  § 1303.  Referral to appropriations committee.
     6     (Reserved)
     7  § 1304.  Public hearing.
     8     (Reserved)
     9  § 1305.  Exigent circumstances.
    10     (Reserved)
    11  § 1306.  Legislative journal and voting history.
    12     (Reserved).
    13  § 1307.  Procedural violations.
    14     (a)  Limitation of actions.--The following apply to a
    15  challenge to the manner in which legislation has been passed by
    16  the General Assembly:
    17         (1)  The aggrieved party must be an individual at least
    18     18 years of age.
    19         (2)  The action must be commenced within one year
    20     following the final passage of the bill.
    21     (b)  Void ab initio.--If a court of competent jurisdiction
    22  determines that a bill, resolution or conference committee
    23  report has been considered, passed or enacted in violation of
    24  this chapter or Article III of the Constitution of Pennsylvania,
    25  the passage of the bill, resolution or conference committee
    26  report shall be a nullity; and legislation resulting from the
    27  passage shall be void ab initio.
    28     Section 2.  This act shall apply to sessions of the General
    29  Assembly which begin after January 1, 2007.
    30     Section 3.  This act shall take effect immediately.
    D18L01MSP/20060S0104B1761        - 2 -