PRIOR PASSAGE - NONE
PRINTER'S NO. 2019
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1716
Session of
2021
INTRODUCED BY OTTEN, HERRIN AND HILL-EVANS, AUGUST 12, 2021
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, AUGUST 12, 2021
A JOINT RESOLUTION
Proposing an amendment to the Constitution of the Commonwealth
of Pennsylvania, providing for right to community self-
government.
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:
That Article I be amended by adding a section to read:
ยง 29. Right to community self-government.
(a) As all political power is inherent in the people and all
free governments are founded on their authority and instituted
for their peace, safety and happiness, the people have an
inherent and inalienable right to community self-government.
(b) The right to community self-government includes, without
limitation, the power to enact local laws:
(1) protecting health, safety and welfare by
establishing the rights of people, their communities and
ecosystems and by securing those rights using prohibitions
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
and other means; and
(2) establishing, defining, altering or eliminating the
rights, powers and duties of corporations and other business
entities operating or seeking to operate in the community, to
prevent infringement of locally enacted rights and violation
of the prohibitions and other means by which those rights are
secured.
(c) Local laws adopted pursuant to subsection (b) shall not
be subject to preemption by international, Federal or State
laws, provided that a local law does not:
(1) infringe or restrict fundamental rights of
individuals, their communities or ecosystems secured by the
Constitution of the United States, the Constitution of
Pennsylvania or international law; or
(2) minimize protections for health, safety and welfare
provided by international, Federal and State law.
(d) All provisions of this section are self-executing and
severable.
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
20210HB1716PN2019 - 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
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. 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.
20210HB1716PN2019 - 3 -
1
2
3
4
5
6
7
8
9
10
11