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A00989
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1021
Session of
2019
INTRODUCED BY ECKER, SCHEMEL, DIAMOND, MURT, ZIMMERMAN, MILLARD,
RYAN, B. MILLER, ROTHMAN, GROVE, KAUFFMAN AND STEPHENS,
APRIL 2, 2019
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 30, 2019
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in matters affecting
government units, providing for special standing in
constitutional challenges.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 8503. Special standing in constitutional challenges.
(a) Special standing to intervene.--In a judicial proceeding
in which all or part of an act of this Commonwealth is alleged
to be unconstitutional, either or both chambers of the General
Assembly, subject to subsection (b), shall have special standing
to intervene as a party in the action and to defend the act.
(b) Requirements.--
(1) Special standing to intervene as a party under
subsection (a) for the Senate shall require an action of the
Senate Committee on Management Operations as provided under
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section 2.1 of the act of January 10, 1968 (1967 P.L.925,
No.417), referred to as the Legislative Officers and Employes
Law. two-thirds approval of the Senate.
(2) Special standing to intervene as a party under
subsection (a) for the House of Representatives shall require
an action of the Bi-partisan Management Committee two-thirds
approval of the House of Representatives as provided under
section 21.1 of the Legislative Officers and Employes Law.
(c) Privilege or immunity.--Intervention by either or both
chambers of the General Assembly under this section shall not
constitute a waiver of sovereign, legislative or other privilege
or immunity.
(d) Indispensable party.--This section shall not make either
or both chambers of the General Assembly a necessary or
indispensable party to an action. A party to an action may not
name either or both chambers of the General Assembly as a party
or move to join either or both chambers of the General Assembly
as a party based on this section.
(e) Notice.--A party challenging the constitutionality of
all or part of an act of this Commonwealth must, in a manner
consistent with the Pennsylvania Rules of Civil Procedure and
the Pennsylvania Rules of Appellate Procedure, provide notice to
the Chief Clerk of the Senate and the Chief Clerk of the House
of Representatives.
(f) (E) No limitation.--Nothing under this section shall
limit the standing of either or both chambers or an individual
member of the General Assembly in a judicial proceeding in which
the subject matter relates to specific powers unique to a
legislator's functions under the Constitution of Pennsylvania
being diminished or impaired.
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Section 2. The following shall apply:
(1) The addition of 42 Pa.C.S. § 8503 shall apply to an
action commenced on and after the effective date of the
section.
(2) A court may apply the addition of 42 Pa.C.S. § 8503
to an action commenced after December 31, 2018, and before
the effective date of this section.
Section 3. This act shall take effect immediately.
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