Regular Session 2019-2020 Senate Bill 1166 P.N. 1835

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.

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