PRIOR PASSAGE - NONE
PRIOR PRINTER'S NO. 1753
PRINTER'S NO. 1770
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 AMENDED ON THIRD CONSIDERATION, JUNE 10, 2020
A JOINT RESOLUTION
Proposing an amendment 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 the
executive, providing for disaster emergency duration.
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:
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.
(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.
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
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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 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
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
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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
OCCURS AT LEAST THREE MONTHS AFTER THE PROPOSED
CONSTITUTIONAL AMENDMENT IS PASSED BY THE GENERAL ASSEMBLY.
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