HOUSE AMENDED
PRIOR PASSAGE - NONE
PRIOR PRINTER'S NOS. 1753, 1770
PRINTER'S NO. 1835
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1166
Session of
2020
INTRODUCED BY K. WARD, DiSANTO, KILLION, MARTIN, ARNOLD,
BARTOLOTTA, ARGALL, MENSCH, STEFANO, PITTMAN, AUMENT,
SCARNATI, CORMAN, BROOKS AND PHILLIPS-HILL, JUNE 5, 2020
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, JULY 7, 2020
A JOINT RESOLUTION
Proposing separate and distinct amendments to the Constitution
of Pennsylvania, in declaration of rights, providing for
prohibition against denial or abridgment of equality of
rights because of race and ethnicity; and, IN LEGISLATION,
FURTHER PROVIDING FOR ACTION ON CONCURRENT ORDERS AND
RESOLUTIONS; AND, in the executive, providing for disaster
emergency duration. DECLARATION AND MANAGEMENT.
The General Assembly of the Commonwealth of Pennsylvania
hereby resolves as follows:
Section 1. The following separate and distinct amendments to
the Constitution of Pennsylvania are proposed in accordance with
Article XI:
(1) That Article I of the Constitution of Pennsylvania be
amended by adding a section to read:
§ 29. Prohibition against denial or abridgment of equality of
rights because of race and ethnicity.
Equality of rights under the law shall not be denied or
abridged in the Commonwealth of Pennsylvania because of the race
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or ethnicity of the individual.
(1.1) THAT SECTION 9 OF ARTICLE III BE AMENDED TO READ:
§ 9. ACTION ON CONCURRENT ORDERS AND RESOLUTIONS.
EVERY ORDER, RESOLUTION OR VOTE, TO WHICH THE CONCURRENCE OF
BOTH HOUSES MAY BE NECESSARY, EXCEPT ON THE [QUESTION OF
ADJOURNMENT] QUESTIONS OF ADJOURNMENT OR TERMINATION OR
EXTENSION OF A DISASTER EMERGENCY DECLARATION AS DECLARED BY AN
EXECUTIVE ORDER OR PROCLAMATION, OR PORTION OF A DISASTER
EMERGENCY DECLARATION AS DECLARED BY AN EXECUTIVE ORDER OR
PROCLAMATION, SHALL BE PRESENTED TO THE GOVERNOR AND BEFORE IT
SHALL TAKE EFFECT BE APPROVED BY HIM, OR BEING DISAPPROVED,
SHALL BE REPASSED BY TWO-THIRDS OF BOTH HOUSES ACCORDING TO THE
RULES AND LIMITATIONS PRESCRIBED IN CASE OF A BILL.
(2) That Article IV be amended by adding a section to read:
§ 20. Disaster emergency duration.
The Governor may issue emergency declarations under
circumstances provided for by law for that purpose. The General
Assembly may by law grant the Governor certain enumerated powers
to address and abate the declared emergency. A declaration by
the Governor of an emergency shall not last longer than 30 days
unless extended by a concurrent resolution of the General
Assembly approving the continuation of the declaration. Upon the
expiration of the Governor's emergency declaration, the Governor
may not declare a new state of emergency based upon the same or
substantially similar facts and circumstances without the
passage of a concurrent resolution of the General Assembly
expressly approving the new emergency declaration.
§ 20. DISASTER EMERGENCY DECLARATION AND MANAGEMENT.
(A) A DISASTER EMERGENCY DECLARATION MAY BE DECLARED BY
EXECUTIVE ORDER OR PROCLAMATION OF THE GOVERNOR UPON FINDING
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THAT A DISASTER HAS OCCURRED OR THAT THE OCCURRENCE OR THREAT OF
A DISASTER IS IMMINENT THAT THREATENS THE HEALTH, SAFETY OR
WELFARE OF THIS COMMONWEALTH.
(B) EACH DISASTER EMERGENCY DECLARATION ISSUED BY THE
GOVERNOR UNDER SUBSECTION (A) SHALL INDICATE THE NATURE, EACH
AREA THREATENED AND THE CONDITIONS OF THE DISASTER, INCLUDING
WHETHER THE DISASTER IS A NATURAL DISASTER, MILITARY EMERGENCY,
PUBLIC HEALTH EMERGENCY, TECHNOLOGICAL DISASTER OR OTHER GENERAL
EMERGENCY, AS DEFINED BY STATUTE. THE GENERAL ASSEMBLY SHALL, BY
STATUTE, PROVIDE FOR THE MANNER IN WHICH EACH TYPE OF DISASTER
ENUMERATED UNDER THIS SUBSECTION SHALL BE MANAGED.
(C) A DISASTER EMERGENCY DECLARATION UNDER SUBSECTION (A)
SHALL BE IN EFFECT FOR NO MORE THAN TWENTY-ONE (21) DAYS, UNLESS
OTHERWISE EXTENDED IN WHOLE OR PART BY CONCURRENT RESOLUTION OF
THE GENERAL ASSEMBLY.
(D) UPON THE EXPIRATION OF A DISASTER EMERGENCY DECLARATION
UNDER SUBSECTION (A), THE GOVERNOR MAY NOT ISSUE A NEW DISASTER
EMERGENCY DECLARATION BASED UPON THE SAME OR SUBSTANTIALLY
SIMILAR FACTS AND CIRCUMSTANCES WITHOUT THE PASSAGE OF A
CONCURRENT RESOLUTION OF THE GENERAL ASSEMBLY EXPRESSLY
APPROVING THE NEW DISASTER EMERGENCY DECLARATION.
Section 2. (a) Upon the first passage by the General
Assembly of these proposed constitutional amendments, the
Secretary of the Commonwealth shall proceed immediately to
comply with the advertising requirements of section 1 of Article
XI of the Constitution of Pennsylvania and shall transmit the
required advertisements to two newspapers in every county in
which such newspapers are published in sufficient time after
passage of these proposed constitutional amendments.
(b) Upon the second passage by the General Assembly of these
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proposed constitutional amendments, the secretary of the
commonwealth shall proceed immediately to comply with the
advertising requirements of section 1 of Article XI of the
Constitution of Pennsylvania and shall transmit the required
advertisements to two newspapers in every county in which such
newspapers are published in sufficient time after passage of
these proposed constitutional amendments. the Secretary of the
Commonwealth shall:
(1) submit the proposed constitutional amendment under
section 1(1) of this resolution to the qualified electors of
this Commonwealth as a separate ballot question at the first
primary, general or municipal election which meets the
requirements of and is in conformance with section 1 of
Article XI of the Constitution of Pennsylvania and which
occurs at least three months after the proposed
constitutional amendment is passed by the General Assembly.
(1.1) SUBMIT THE PROPOSED CONSTITUTIONAL AMENDMENT UNDER
SECTION 1(1.1) OF THIS RESOLUTION TO THE QUALIFIED ELECTORS
OF THIS COMMONWEALTH AS A SEPARATE BALLOT QUESTION AT THE
FIRST PRIMARY, GENERAL OR MUNICIPAL ELECTION WHICH MEETS THE
REQUIREMENTS OF AND IS IN CONFORMANCE WITH SECTION 1 OF
ARTICLE XI OF THE CONSTITUTION OF PENNSYLVANIA AND WHICH
OCCURS AT LEAST THREE MONTHS AFTER THE PROPOSED
CONSTITUTIONAL AMENDMENT IS PASSED BY THE GENERAL ASSEMBLY.
(2) submit the proposed constitutional amendment under
section 1(2) of this resolution to the qualified electors of
this Commonwealth as a separate ballot question at the first
primary, general or municipal election which meets the
requirements of and is in conformance with section 1 of
Article XI of the Constitution of Pennsylvania and which
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occurs at least three months after the proposed
constitutional amendment is passed by the General Assembly.
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