PRIOR PRINTER'S NO. 1257
PRINTER'S NO. 2199
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1196
Session of
2021
INTRODUCED BY ECKER, WARNER, STAMBAUGH, HERSHEY, KAUFFMAN, ROWE,
RYAN, GROVE, KEEFER, SAYLOR, MOUL AND OBERLANDER,
APRIL 16, 2021
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 28, 2021
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in matters affecting
government units, providing for special standing in
constitutional challenges.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 8503. Special standing in constitutional challenges.
(a) General rule.--In a judicial proceeding in which all or
part of an act of this Commonwealth is alleged to be
unconstitutional, either or both chambers of the General
Assembly, subject to subsection (b), shall have special standing
to intervene as a party in the action and to defend the act.
(b) Requirements.--
(1) Special standing to intervene as a party under
subsection (a) for the Senate shall require an action of the
Senate Committee on Management Operations as provided under
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section 2.1 of the act of January 10, 1968 (1967 P.L.925,
No.417), referred to as the Legislative Officers and Employes
Law.
(2) Special standing to intervene as a party under
subsection (a) for the House of Representatives shall require
an action of the Bi-partisan Management Committee as provided
under section 21.1 of the Legislative Officers and Employes
Law.
(c) Privilege or immunity.--Intervention by either or both
chambers of the General Assembly under this section shall not
constitute a waiver of sovereign immunity, legislative privilege
or other privilege or immunity.
(d) Indispensable party.--This section shall not make either
or both chambers of the General Assembly a necessary or
indispensable party to an action. A party to an action may not
name either or both chambers of the General Assembly as a party
or move to join either or both chambers of the General Assembly
as a party based on this section.
(e) Construction.--Nothing in this section shall be
construed to limit the standing of either or both chambers or an
individual member of the General Assembly in a judicial
proceeding in which the subject matter relates to specific
powers unique to a legislator's functions under the Constitution
of Pennsylvania being diminished or impaired.
Section 2. The following shall apply:
(1) The addition of 42 Pa.C.S. § 8503 shall apply to an
action commenced on and after the effective date of the THIS
section.
(2) A court may apply the addition of 42 Pa.C.S. § 8503
to an action commenced after December 31, 2018, and before
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the effective date of this section.
Section 3. This act shall take effect immediately.
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