Regular Session 2021-2022 House Bill 0055 P.N. 0034

PRIOR PASSAGE – J.R. 2020-4

PRINTER'S NO. 34

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

Session of

2021

INTRODUCED BY GROVE, THOMAS, O'NEAL, FEE, JAMES, HAMM, PICKETT,

COOK, ECKER, STAMBAUGH, WARNER, RYAN, TOPPER, HICKERNELL,

PYLE, MENTZER, STAATS, SCHMITT, HERSHEY, CAUSER, IRVIN,

DUNBAR, STRUZZI, KEEFER, OWLETT, ZIMMERMAN, GLEIM, COX,

GAYDOS, GREGORY, SAYLOR, SCHLEGEL CULVER, MOUL, JOZWIAK,

SANKEY, WHEELAND AND BERNSTINE, JANUARY 11, 2021

REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 11, 2021

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; in legislation, further

providing for action on concurrent orders and resolutions;

and, in the executive, providing for disaster emergency

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

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 declaration and management.

(a) A disaster emergency declaration may be declared by

executive order or proclamation of the Governor upon finding

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

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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

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.

(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

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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