HOUSE AMENDED
PRIOR PASSAGE - J.R. 2021-2
PRIOR PRINTER'S NOS. 14, 22, 26
PRINTER'S NO. 385
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1
Session of
2023
INTRODUCED BY LAUGHLIN, J. WARD, K. WARD, PITTMAN, AUMENT,
PHILLIPS-HILL, BARTOLOTTA, MARTIN, BAKER, ARGALL, BROOKS,
BROWN, COLEMAN, DiSANTO, DUSH, FARRY, GEBHARD, LANGERHOLC,
MASTRIANO, PENNYCUICK, REGAN, ROBINSON, ROTHMAN, STEFANO,
VOGEL AND YAW, JANUARY 6, 2023
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 1, 2023
A JOINT RESOLUTION
Proposing separate and distinct amendments AN AMENDMENT to the
Constitution of the Commonwealth of Pennsylvania, further
providing for courts to be open and suits against the
Commonwealth, for action on concurrent orders and resolutions
and for qualifications of electors.
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) SECTION 1. 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:
§ 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
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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, or whose claim would otherwise be barred or
limited by a statutory cap on damages, sovereign immunity or by
governmental or official immunity, shall have a period of two
years, without bar or limitation by such caps or immunities,
from the 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.
(2) 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 questions of
adjournment, disapproval of a regulation 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.
(3) That section 1 of Article VII be amended to read:
§ 1. Qualifications of electors.
(a) Every citizen 21 years of age, possessing the following
qualifications, shall be entitled to vote at all elections
subject, however, to such laws requiring and regulating the
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registration of electors as the General Assembly may enact.
1. He or she shall have been a citizen of the United States
at least one month.
2. He or she shall have resided in the State 90 days
immediately preceding the election.
3. He or she shall have resided in the election district
where he or she shall offer to vote at least 60 days immediately
preceding the election, except that if qualified to vote in an
election district prior to removal of residence, he or she may,
if a resident of Pennsylvania, vote in the election district
from which he or she removed his or her residence within 60 days
preceding the election.
(b) In addition to the qualifications under subsection (a)
of this section, a qualified elector shall provide a valid
identification at each election in accordance with the
following:
1. When voting in person, the qualified elector shall
present a valid identification before receiving a ballot to vote
in person.
2. When not voting in person, the qualified elector shall
provide proof of a valid identification with his or her ballot.
(c) If a qualified elector does not possess a valid
identification, he or she shall, upon request and confirmation
of identity, be furnished with a government-issued
identification at no cost to the qualified elector.
(d) For purposes of this section, the term "valid
identification" means an unexpired government-issued
identification, unless otherwise provided for by law.
Section 2. The following procedure applies to the proposed
constitutional amendments in this joint resolution:
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(1) Upon first passage by the General Assembly of the
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.
(2) Upon the second passage of the amendments by the
General Assembly, 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. The Secretary of the Commonwealth shall:
(i) Submit the amendment under section 1(1) of this
resolution to the qualified electors of this Commonwealth
as a separate ballot question at the first primary
election which meets the requirements of section 1 of
Article XI of the Constitution of Pennsylvania.
(ii) Submit the amendment under section 1(2) of this
resolution to the qualified electors of this Commonwealth
as a separate ballot question at the first primary
election which meets the requirements of section 1 of
Article XI of the Constitution of Pennsylvania.
(iii) Submit the amendment under section 1(3) of
this resolution to the qualified electors of this
Commonwealth as a separate ballot question at the first
primary election which meets the requirements of section
1 of Article XI of the Constitution of Pennsylvania.
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
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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
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
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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