SENATE AMENDED
PRIOR PASSAGE - J.R. 2019-2 NONE
PRIOR PRINTER'S NOS. 9, 936
PRINTER'S NO. 1017
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
14
Session of
2021
INTRODUCED BY GREGORY, ROZZI, MILLARD, SANCHEZ, SCHLOSSBERG AND
SCHMITT, JANUARY 11, 2021
SENATOR K. WARD, RULES AND EXECUTIVE NOMINATIONS, IN SENATE, RE-
REPORTED AS AMENDED, MARCH 23, 2021
A JOINT RESOLUTION
Proposing an EMERGENCY amendment to the Constitution of the
Commonwealth of Pennsylvania, further providing for courts to
be open and suits against the Commonwealth.
The General Assembly of the Commonwealth of Pennsylvania
hereby resolves as follows:
Section 1. The following amendment to the Constitution of
Pennsylvania is proposed in accordance with Article XI:
That Section 11 of Article I be amended to read:
§ 11. Courts to be open; suits against the Commonwealth.
(a) All courts shall be open; and every man for an injury
done him in his lands, goods, person or reputation shall have
remedy by due course of law, and right and justice administered
without sale, denial or delay. Suits may be brought against the
Commonwealth in such manner, in such courts and in such cases as
the Legislature may by law direct.
(b) An individual for whom a statutory limitations period
has already expired shall have a period of two years from the
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time that this subsection becomes effective to commence an
action arising from childhood sexual abuse, in such cases as
provided by law at the time that this subsection becomes
effective.
Section 2. (a) Upon the first passage by the General
Assembly of this proposed constitutional amendment, 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 this proposed constitutional amendment.
(b) Upon the second passage by the General Assembly of this
proposed constitutional amendment, 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
this proposed constitutional amendment. The Secretary of the
Commonwealth shall submit this proposed constitutional amendment
to the qualified electors of this Commonwealth 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.
SECTION 1. THE FOLLOWING SHALL APPLY:
(1) THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:
(I) A CONSTITUTIONAL AMENDMENT CREATING A TWO-YEAR
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WINDOW FOR VICTIMS TO BRING CIVIL ACTIONS AGAINST THEIR
ABUSERS UNENCUMBERED BY THE STATUTE OF LIMITATIONS, THE
DOCTRINE OF SOVEREIGN IMMUNITY OR THE CAP ON DAMAGES
PLACED ON LITIGATION AGAINST PUBLIC ENTITIES, WAS
INITIALLY PASSED BY JOINT RESOLUTION 2 OF 2019 (P.L.835,
J.R.2).
(II) SECTION 1 OF ARTICLE XI OF THE CONSTITUTION OF
PENNSYLVANIA REQUIRES AN AMENDMENT TO THE CONSTITUTION OF
PENNSYLVANIA TO BE PASSED BY A MAJORITY IN EACH CHAMBER
IN CONSECUTIVE LEGISLATIVE SESSIONS AND PUBLISHED BY THE
SECRETARY OF THE COMMONWEALTH.
(III) THE CONSTITUTIONAL AMENDMENT IN SUBPARAGRAPH
(I) COULD BE SUBMITTED ON MAY 18, 2021, TO THE ELECTORS
UPON PASSAGE IN THIS LEGISLATIVE SESSION BUT FOR THE
FAILURE OF THE SECRETARY OF THE COMMONWEALTH TO PUBLISH
CONSTITUTIONALLY REQUIRED NOTICE.
(IV) THE SECRETARY'S FAILURE FRUSTRATES THE
CONSTITUTIONAL AMENDMENT PROCESS; DENIES THE PEOPLE OF
PENNSYLVANIA THEIR OPPORTUNITY TO HAVE THEIR VOICES HEARD
IN AMENDING THEIR CONSTITUTION; AND, THREATENS THE VERY
NATURE OF THE COMMONWEALTH'S REPUBLICAN FORM OF
GOVERNMENT.
(V) THE FAILURE UNDER SUBPARAGRAPH (III) REQUIRES
SEVERAL ADDITIONAL YEARS TO REMEDY, PREVENTS THE
AMENDMENT FROM BEING PRESENTED TO THE ELECTORS ON MAY 18,
2021, AND IS AN ACT BEYOND THE CONTROL OF THE GENERAL
ASSEMBLY AND OF THE CITIZENS AND, THEREFORE, CONSTITUTES
AN EMERGENCY.
(2) THE GENERAL ASSEMBLY HEREBY DETERMINES THAT THE
DEPRIVATION OF THE RIGHTS GRANTED TO THE PEOPLE OF THIS
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COMMONWEALTH TO VOTE ON AN AMENDMENT TO PENNSYLVANIA'S
CHARTERING DOCUMENT BY AN UNELECTED BUREAUCRAT CONSTITUTES A
MAJOR EMERGENCY THAT THREATENS OR IS ABOUT TO THREATEN THIS
COMMONWEALTH AND THE SAFETY OR WELFARE OF THIS COMMONWEALTH
AND THEREFORE REQUIRES PROMPT AMENDMENT OF THE CONSTITUTION
OF PENNSYLVANIA BY THIS CONSTITUTIONAL AMENDMENT.
SECTION 2. THE FOLLOWING AMENDMENT TO THE CONSTITUTION OF
PENNSYLVANIA IS PROPOSED IN ACCORDANCE WITH ARTICLE XI:
THAT SECTION 11 OF ARTICLE I BE AMENDED TO READ:
§ 11. COURTS TO BE OPEN; SUITS AGAINST THE COMMONWEALTH.
(A) ALL COURTS SHALL BE OPEN; AND EVERY MAN FOR AN INJURY
DONE HIM IN HIS LANDS, GOODS, PERSON OR REPUTATION SHALL HAVE
REMEDY BY DUE COURSE OF LAW, AND RIGHT AND JUSTICE ADMINISTERED
WITHOUT SALE, DENIAL OR DELAY. SUITS MAY BE BROUGHT AGAINST THE
COMMONWEALTH IN SUCH MANNER, IN SUCH COURTS AND IN SUCH CASES AS
THE LEGISLATURE MAY BY LAW DIRECT.
(B) AN INDIVIDUAL FOR WHOM A STATUTORY LIMITATIONS PERIOD
HAS ALREADY EXPIRED, OR WHOSE CLAIM WOULD OTHERWISE BE BARRED OR
LIMITED BY A STATUTORY CAP ON DAMAGES, SOVEREIGN IMMUNITY OR BY
GOVERNMENTAL OR OFFICIAL IMMUNITY, SHALL HAVE A PERIOD OF TWO
YEARS, WITHOUT BAR OR LIMITATION BY SUCH CAPS OR IMMUNITIES,
FROM THE TIME THAT THIS SUBSECTION BECOMES EFFECTIVE TO COMMENCE
AN ACTION ARISING FROM CHILDHOOD SEXUAL ABUSE, IN SUCH CASES AS
PROVIDED BY LAW AT THE TIME THAT THIS SUBSECTION BECOMES
EFFECTIVE.
SECTION 3. UPON PASSAGE BY THE GENERAL ASSEMBLY OF THIS
PROPOSED CONSTITUTIONAL AMENDMENT, THE SECRETARY OF THE
COMMONWEALTH SHALL PROCEED IMMEDIATELY TO COMPLY WITH THE
ADVERTISING REQUIREMENTS OF SECTION 1(A) OF ARTICLE XI OF THE
CONSTITUTION OF PENNSYLVANIA AND SHALL TRANSMIT THE REQUIRED
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ADVERTISEMENTS TO TWO NEWSPAPERS IN EVERY COUNTY IN WHICH SUCH
NEWSPAPERS ARE PUBLISHED IN SUFFICIENT TIME AFTER PASSAGE OF
THIS PROPOSED CONSTITUTIONAL AMENDMENT. THE SECRETARY OF THE
COMMONWEALTH SHALL SUBMIT THIS PROPOSED CONSTITUTIONAL AMENDMENT
TO THE QUALIFIED ELECTORS OF THIS COMMONWEALTH AT THE FIRST
PRIMARY, GENERAL OR MUNICIPAL ELECTION WHICH MEETS THE
REQUIREMENTS OF AND IS IN CONFORMANCE WITH SECTION 1(A) OF
ARTICLE XI OF THE CONSTITUTION OF PENNSYLVANIA.
SECTION 1. THE FOLLOWING AMENDMENT TO THE CONSTITUTION OF
PENNSYLVANIA IS PROPOSED IN ACCORDANCE WITH ARTICLE XI:
THAT SECTION 11 OF ARTICLE I BE AMENDED TO READ:
§ 11. COURTS TO BE OPEN; SUITS AGAINST THE COMMONWEALTH.
(A) ALL COURTS SHALL BE OPEN; AND EVERY MAN FOR AN INJURY
DONE HIM IN HIS LANDS, GOODS, PERSON OR REPUTATION SHALL HAVE
REMEDY BY DUE COURSE OF LAW, AND RIGHT AND JUSTICE ADMINISTERED
WITHOUT SALE, DENIAL OR DELAY. SUITS MAY BE BROUGHT AGAINST THE
COMMONWEALTH IN SUCH MANNER, IN SUCH COURTS AND IN SUCH CASES AS
THE LEGISLATURE MAY BY LAW DIRECT.
(B) AN INDIVIDUAL FOR WHOM A STATUTORY LIMITATIONS PERIOD
HAS ALREADY EXPIRED, OR WHOSE CLAIM WOULD OTHERWISE BE BARRED OR
LIMITED BY A STATUTORY CAP ON DAMAGES, SOVEREIGN IMMUNITY OR BY
GOVERNMENTAL OR OFFICIAL IMMUNITY, SHALL HAVE A PERIOD OF TWO
YEARS, WITHOUT BAR OR LIMITATION BY SUCH CAPS OR IMMUNITIES,
FROM THE TIME THAT THIS SUBSECTION BECOMES EFFECTIVE TO COMMENCE
AN ACTION ARISING FROM CHILDHOOD SEXUAL ABUSE, IN SUCH CASES AS
PROVIDED BY LAW AT THE TIME THAT THIS SUBSECTION BECOMES
EFFECTIVE.
SECTION 2. (A) UPON THE FIRST PASSAGE BY THE GENERAL
ASSEMBLY OF THIS PROPOSED CONSTITUTIONAL AMENDMENT, THE
SECRETARY OF THE COMMONWEALTH SHALL PROCEED IMMEDIATELY TO
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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 THIS PROPOSED CONSTITUTIONAL AMENDMENT.
(B) UPON THE SECOND PASSAGE BY THE GENERAL ASSEMBLY OF THIS
PROPOSED CONSTITUTIONAL AMENDMENT, 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
THIS PROPOSED CONSTITUTIONAL AMENDMENT. THE SECRETARY OF THE
COMMONWEALTH SHALL SUBMIT THIS PROPOSED CONSTITUTIONAL AMENDMENT
TO THE QUALIFIED ELECTORS OF THIS COMMONWEALTH 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.
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