PRIOR PASSAGE - NONE
PRINTER'S NO. 866
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
881
Session of
2021
INTRODUCED BY GREGORY, MARCH 11, 2021
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 11, 2021
A JOINT RESOLUTION
Proposing an emergency amendment to the Constitution of the
Commonwealth of Pennsylvania, further providing for courts to
be open and suits against the Commonwealth.
The General Assembly of the Commonwealth of Pennsylvania
hereby resolves as follows:
Section 1. The following shall apply:
(1) The General Assembly finds and declares as follows:
(i) The General Assembly passed House Bill 963,
Printer's Number 1130, by an overwhelming, bipartisan
vote in both the House of Representatives and the Senate.
This Joint Resolution was signed in the two chambers of
the General Assembly on November 21, 2019; and filed in
the Office of the Secretary of the Commonwealth on
November 25, 2019, becoming Pamphlet Laws Resolution
Number 2.
(ii) Upon passage, the Pennsylvania Constitution
demands that the Secretary of the Commonwealth "cause the
same to be published three months before the next general
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
election, in at least two newspapers in every county in
which such newspapers shall be published."
(iii) For reasons still unknown, the Secretary of
the Commonwealth failed to perform this mandatory duty.
(iv) The Secretary's malfeasance frustrates the
Constitutional amendment process; denies the People of
Pennsylvania their opportunity to have their voices heard
in amending their Constitution; and, threatens the very
nature of the Commonwealth's Republican form of
government.
(2) The General Assembly hereby determines that the
deprivation of the rights granted to the People of this
Commonwealth to vote on an amendment to Pennsylvania's
chartering document by an unelected bureaucrat constitutes a
major emergency that threatens or is about to threaten this
Commonwealth and the safety or welfare of this Commonwealth
and therefore requires prompt amendment of the Constitution
of Pennsylvania by this constitutional amendment.
Section 2. The following amendment to the Constitution of
Pennsylvania is proposed in accordance with Article XI:
That section 11 of Article I be amended to read:
ยง 11. Courts to be open; suits against the Commonwealth.
(a) All courts shall be open; and every man for an injury
done him in his lands, goods, person or reputation shall have
remedy by due course of law, and right and justice administered
without sale, denial or delay. Suits may be brought against the
Commonwealth in such manner, in such courts and in such cases as
the Legislature may by law direct.
(b) An individual for whom a statutory limitations period
has already expired shall have a period of two years from the
20210HB0881PN0866 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
time that this subsection becomes effective to commence an
action arising from childhood sexual abuse, in such cases as
provided by law at the time that this subsection becomes
effective.
Section 3. Upon 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(a) 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. After a final order of a
Pennsylvania court which is not subject to appeal, pursuant to
the Declaratory Judgments Act (42 Pa.C.S. Ch. 75, Subch. C) or
otherwise, that the subject of this amendment is within the
scope of section 1(a) and (b) of Article XI of the Constitution
of Pennsylvania, or as otherwise determined by subsequent joint
resolution of the General Assembly, 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(a) of
Article XI of the Constitution of Pennsylvania.
20210HB0881PN0866 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23