Trial Engrossment of Amendment A00897 to House Resolution 0091 P.N. 1344, Regular Session 2021-2022

A00897

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE RESOLUTION

No.

Session of

2021

INTRODUCED BY ORTITAY, ROZZI, ROTHMAN, BERNSTINE, ROWE, JAMES,

GREGORY, STAMBAUGH, RYAN, MILLARD, KEEFER, KAUFFMAN AND

STAATS, APRIL 21, 2021

REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 21, 2021

A RESOLUTION

Establishing the Select Committee on Publication of

Constitutional Amendments to examine, investigate and make a

complete study of the publication of constitutional

amendments under Section 1 of Article XI of the Constitution

of Pennsylvania.

WHEREAS, Section 1 of Article XI of the Constitution of

Pennsylvania establishes a process to amend the Constitution

which involves the General Assembly, acting on behalf of the

People of this Commonwealth, and the People of this Commonwealth

directly; and

WHEREAS, Section 1 of Article XI of the Constitution of

Pennsylvania provides that the Secretary of the Commonwealth

shall publish proposed constitutional amendments in newspapers

after both first and second passage by the General Assembly; and

WHEREAS, Section 1 of Article XI of the Constitution of

Pennsylvania also provides that "the official in charge of

statewide elections" publishes proposed emergency amendments in

newspapers after passage by the General Assembly; and

WHEREAS, Section 201(c) of the act of June 3, 1937 (P.L.1333,

No.320), known as the Pennsylvania Election Code, directs the

Secretary of the Commonwealth to certify to county boards of

elections the form and wording of constitutional amendments to

be submitted to the People of the Commonwealth; and

WHEREAS, Section 201.1 of the Pennsylvania Election Code

requires the Attorney General to prepare a plain English

statement explaining a proposed constitutional amendment that is

included in the Secretary's publication of the proposed

amendment as required by Section 1 of Article XI of the

Constitution of Pennsylvania; and

WHEREAS, Section 605 of the Pennsylvania Election Code

requires that the Secretary of the Commonwealth determine,

subject to approval of the Attorney General, the ballot question

for a proposed constitutional amendment; and

WHEREAS, Section 1110(b) of the Pennsylvania Election Code

provides that questions concerning constitutional amendments

"shall appear on the ballot labels, in brief form, of not more

than seventy-five words, to be determined by the Secretary of

the Commonwealth"; and

WHEREAS, Joint Resolution 2019-2, which passed both chambers

of the General Assembly as House Bill 963, Printer's Number

1130, was the first passage of a proposed amendment to the

Constitution of Pennsylvania to provide a two-year window in

which civil lawsuits alleging childhood sexual abuse could be

filed in court notwithstanding any otherwise applicable statute

of limitations defense; and

WHEREAS, House Bill 14, Printer's Number 9 of 2021 was

introduced as a joint resolution to accomplish second passage of

Joint Resolution 2019-2; and

WHEREAS, On January 27, 2021, the House of Representatives

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passed House Bill 14, Printer's Number 9; and

WHEREAS, On February 1, 2021, Governor Wolf announced that

Secretary of the Commonwealth Kathy Boockvar would be leaving

the administration as a result of the Department of State's

failure to advertise the proposed constitutional amendment in

Joint Resolution 2019-2; and

WHEREAS, This error in performing a ministerial, but

constitutionally-mandated, function has interfered with the

right of the People of Pennsylvania to consider an amendment to

their charter of government; and

WHEREAS, This error in performing a ministerial, but

constitutionally-mandated, function has potentially delayed or

denied the victims of childhood sexual abuse the ability to

bring civil actions against their abusers; and

WHEREAS, The details concerning how this error occurred are

unclear; and

WHEREAS, It is imperative that the General Assembly, as the

branch of Commonwealth government empowered by the Constitution

of Pennsylvania to work with the People of Pennsylvania

concerning the adoption of amendments to that Constitution under

Section 1 of Article XI, determine the precise sequence of

events and breakdown of processes in order to determine the need

for either remedial legislation or subsequent constitutional

amendment; therefore be it

RESOLVED, That the House of Representatives establish the

Select Committee on Publication of Constitutional Amendments to

examine, investigate and make a complete study of the

publication of proposed constitutional amendments under Section

1 of Article XI of the Constitution of Pennsylvania; and be it

further

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RESOLVED, That the committee consist of the following members

of the House of Representatives:

(1) The chair and the minority chair of the State

Government Committee of the House of Representatives.

(2) Three Four other members of the House of

Representatives, one of whom shall be a member of the

minority caucus. two members appointed by the Majority Leader

and two members appointed by the Minority Leader;

and be it further

RESOLVED, That the Speaker of the House of Representatives

appoint the chair of the select committee from among the members

of the select committee; and be it further

RESOLVED, That the select committee hold hearings, call

witnesses, take testimony and make investigations at places in

this Commonwealth as it deems necessary with any action of the

committee requiring a two-thirds vote of the committee members;

and be it further

RESOLVED, That the chair of the select committee, on behalf

of the select committee, be authorized and empowered to do all

of the following:

(1) Send for persons and papers and subpoena witnesses,

documents and other materials under the hand and seal of the

chair.

(2) Administer oaths to witnesses.

(3) Take testimony.

(4) Prepare and file pleadings and other legal

documents.

(5) Employ staff for the use of the select committee;

and be it further

RESOLVED, That the Sergeant-at-Arms or other person

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designated by the chair of the select committee serve the

process of the select committee and execute the orders of the

chair and the select committee; and be it further

RESOLVED, That the select committee be authorized to sit

during the sessions of the House of Representatives; and be it

further

RESOLVED, That the expenses of the investigation be paid by

the Chief Clerk of the House of Representatives from

appropriation accounts under the Chief Clerk's exclusive control

and jurisdiction, upon a written request approved by the Speaker

of the House of Representatives, the Majority Leader of the

House of Representatives or the Minority Leader of the House of

Representatives; and be it further

RESOLVED, That the State Government Committee of the House of

Representatives assist the select committee to the fullest

extent possible; and be it further

RESOLVED, That, upon adoption of this resolution by the House

of Representatives, the Chief Clerk of the House of

Representatives transmit a copy of this resolution to the

Secretary of the Commonwealth; and be it further

RESOLVED, That the select committee submit interim and final

reports, as necessary, of its findings with its recommendations

for appropriate legislation, constitutional amendment or other

action to the members of the House of Representatives at the

earliest practicable date.

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