Trial Engrossment of Amendment A01148 to House Bill 0196 P.N. 0168, Regular Session 2019-2020

PRIOR PASSAGE - NONE

A01148

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

196

Session of

2019

INTRODUCED BY DIAMOND, BERNSTINE, CAUSER, DUSH, EMRICK, EVERETT,

IRVIN, JAMES, KAUFFMAN, KEEFER, MACKENZIE, MILLARD,

B. MILLER, PICKETT, RADER, RAPP, ROAE, ROTHMAN, RYAN, SAYLOR,

WARNER AND ZIMMERMAN, JANUARY 28, 2019

REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 28, 2019

A JOINT RESOLUTION

Proposing integrated and distinct amendments to the Constitution

of the Commonwealth of Pennsylvania, organizing the Judiciary

into representative districts and further providing for

residency requirements; and further providing for exemption

from taxation.

The General Assembly of the Commonwealth of Pennsylvania

hereby resolves as follows:

Section 1. The following integrated amendments to the

Constitution of Pennsylvania are proposed in accordance with

Article XI:

(1) That section 2 of Article V be amended to read:

§ 2. Supreme Court.

The Supreme Court (a) shall be the highest court of the

Commonwealth and in this court shall be reposed the supreme

judicial power of the Commonwealth;

(b) shall consist of seven justices, to be elected from

seven judicial districts which shall be established by law, one

of whom shall be the Chief Justice; and

law.

(2) That section 3 of Article V be amended to read:

§ 3. Superior Court.

The Superior Court shall be a statewide court, and shall

consist of the number of judges, which shall be not less than

seven judges, to be elected from judicial districts which shall

be established by law, and have such jurisdiction as shall be

provided by this Constitution or by the General Assembly. One of

its judges shall be the president judge.

(3) That section 4 of Article V be amended to read:

§ 4. Commonwealth Court.

The Commonwealth Court shall be a statewide court, and shall

consist of the number of judges, to be elected from judicial

districts which shall be established by law, and have such

jurisdiction as shall be provided by law. One of its judges

shall be the president judge.

(4) That section 11 of Article V be amended to read:

§ 11. Judicial districts; boundaries.

[The number and boundaries of judicial districts shall be

changed by the General Assembly only with the advice and consent

of the Supreme Court.]

(a) The number of judges and justices of the Supreme Court,

the Superior Court and the Commonwealth Court elected from each

judicial district shall provide every resident of the

Commonwealth with approximately equal representation on a court.

Each judicial district shall be composed of compact and

contiguous territory as nearly equal in population as

practicable. Each judicial district shall elect one judge or

justice. Unless absolutely necessary, no county, city,

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incorporated town, borough, township or ward may be divided in

forming a judicial district.

(b) The General Assembly shall, by law, establish:

(1) The judicial districts from which justices of the

Supreme Court and the judges of the Superior Court and the

Commonwealth Court are elected.

(2) A transition to an appellate court judiciary elected

from judicial districts.

(3) The effect of set judicial districts upon eligibility to

seek retention election.

(4) The order in which judicial districts shall elect

justices of the Supreme Court and judges of the Superior Court

and the Commonwealth Court.

(5) The decennial realignment of the appellate judicial

districts based on the Federal decennial census, beginning in

2021 and occurring each ten years thereafter.

7(b), the number and boundaries of all other judicial districts

shall be established by the General Assembly by law, with the

advice and consent of the Supreme Court.

(5) That section 12 of Article V be amended to read:

§ 12. Qualifications of justices, judges and justices of the

peace.

(a) Justices, judges and justices of the peace shall be

citizens of the Commonwealth. Justices and judges, except the

judges of the traffic court in the City of Philadelphia, shall

be members of the bar of the Supreme Court. Justices [and judges

of statewide courts, for a period of one year preceding their

election or appointment and during their continuance in office,

shall reside within the Commonwealth. Other], judges and

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justices of the peace, for a period of one year preceding their

election or appointment and during their continuance in office,

shall reside within their respective districts, except as

provided in this article for temporary assignments.

(b) Justices of the peace shall be members of the bar of the

Supreme Court or shall complete a course of training and

instruction in the duties of their respective offices and pass

an examination prior to assuming office. Such courses and

examinations shall be as provided by law.

Section 3. (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 submit the proposed constitutional amendments

under section 1 of this resolution to the qualified electors of

this Commonwealth as a single ballot question as provided under

subsection (c) at the first primary, general or municipal

election which meets the requirements of and is in conformance

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with section 1 of Article XI of the Constitution of Pennsylvania

and which occurs at least three months after the proposed

constitutional amendments are passed by the General Assembly.

Section 1.1. The following distinct amendments to the

Constitution of Pennsylvania are proposed in accordance with

Article XI:

That section 2 of Article VIII be amended to read:

§ 2. Exemptions and special provisions.

(a) The General Assembly may by law exempt from taxation:

(i) Actual places of regularly stated religious worship;

(ii) Actual places of burial, when used or held by a person

or organization deriving no private or corporate profit

therefrom and no substantial part of whose activity consists of

selling personal property in connection therewith;

(iii) That portion of public property which is actually and

regularly used for public purposes;

(iv) That portion of the property owned and occupied by any

branch, post or camp of honorably discharged servicemen or

servicewomen which is actually and regularly used for

benevolent, charitable or patriotic purposes; and

(v) Institutions of purely public charity, but in the case

of any real property tax exemptions only that portion of real

property of such institution which is actually and regularly

used for the purposes of the institution.

(b) The General Assembly may, by law:

(i) Establish standards and qualifications for private

forest reserves, agricultural reserves, and land actively

devoted to agricultural use, and make special provision for the

taxation thereof;

(ii) Establish as a class or classes of subjects of taxation

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the property or privileges of persons who, because of age,

disability, infirmity or poverty are determined to be in need of

tax exemption or of special tax provisions, and for any such

class or classes, uniform standards and qualifications. The

Commonwealth, or any other taxing authority, may adopt or employ

such class or classes and standards and qualifications, and

except as herein provided may impose taxes, grant exemptions, or

make special tax provisions in accordance therewith. No

exemption or special provision shall be made under this clause

with respect to taxes upon the sale or use of personal property,

and no exemption from any tax upon real property shall be

granted by the General Assembly under this clause unless the

General Assembly shall provide for the reimbursement of local

taxing authorities by or through the Commonwealth for revenue

losses occasioned by such exemption;

(iii) Establish standards and qualifications by which local

taxing authorities may make uniform special tax provisions

applicable to a taxpayer for a limited period of time to

encourage improvement of deteriorating property or areas by an

individual, association or corporation, or to encourage

industrial development by a non-profit corporation; and

(iv) Make special tax provisions on any increase in value of

real estate resulting from residential construction. Such

special tax provisions shall be applicable for a period not to

exceed two years.

(v) Establish standards and qualifications by which local

taxing authorities in counties of the first and second class may

make uniform special real property tax provisions applicable to

taxpayers who are longtime owner-occupants as shall be defined

by the General Assembly of residences in areas where real

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property values have risen markedly as a consequence of the

refurbishing or renovating of other deteriorating residences or

the construction of new residences.

(vi) Authorize local taxing authorities to exclude from

taxation an amount based on the assessed value of homestead

property. The exclusions authorized by this clause shall not

exceed 100% of the assessed value of each homestead property

within a local taxing jurisdiction. A local taxing authority may

not increase the millage rate of its tax on real property to pay

for these exclusions.

(vii) Provide for different rates of taxation on residential

and non-residential property.

in any war or armed conflict in which the United States was

engaged and were honorably discharged or released under

honorable circumstances from active service, shall be exempt

from the payment of all real property taxes upon the residence

occupied by the said citizens and residents of this Commonwealth

imposed by the Commonwealth of Pennsylvania or any of its

political subdivisions if, as a result of military service, they

are blind, paraplegic or double or quadruple amputees or have a

service-connected disability declared by the United States

Veterans Administration or its successor to be a total or 100%

permanent disability, and if the State Veterans' Commission

determines that such persons are in need of the tax exemptions

granted herein. This exemption shall be extended to the

unmarried surviving spouse upon the death of an eligible veteran

provided that the State Veterans' Commission determines that

such person is in need of the exemption.

Section 3. (a) Upon the first passage by the General

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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 amendments under

section 1 of this resolution to the qualified electors of

this Commonwealth as a single 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 amendments are passed by the General Assembly

(2) Submit the proposed constitutional amendments under

section 1.1 of this resolution to the qualified electors of

this Commonwealth as separate ballot questions 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

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occurs at least three months after the proposed

constitutional amendments are passed by the General Assembly.

proposed constitutional amendments under section 1 on the ballot

as a single ballot question in the following form:

Shall sections 2, 3, 4, 11 and 12 of Article V of the

Pennsylvania Constitution be amended to require that

judges and justices of the Supreme Court, the Superior

Court and the Commonwealth Court be elected from judicial

districts established by the General Assembly which must

be compact, contiguous and nearly equal in population as

practicable and to require that all justices, judges and

justices of the peace to be residents of their judicial

districts for one year preceding election or appointment

and during service?

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