PRIOR PASSAGE - NONE PRINTER'S NO. 2056
No. 1681 Session of 1999
INTRODUCED BY SERAFINI, CAWLEY, STABACK, EGOLF, FICHTER, FREEMAN, HORSEY, HUTCHINSON, KREBS, McNAUGHTON, MELIO, PLATTS, RAYMOND, ROBERTS, STEIL, STEVENSON AND WOGAN, JUNE 15, 1999
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 15, 1999
A JOINT RESOLUTION 1 Proposing an amendment to the Constitution of the Commonwealth 2 of Pennsylvania, authorizing the use of the initiative and 3 referendum as powers reserved to the people. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby resolves as follows: 6 Section 1. The following amendment to the Constitution of 7 Pennsylvania is proposed in accordance with Article XI: 8 That Article III be amended by adding a section to read: 9 § 33. Powers reserved to the people. 10 (a) (1) The legislative power of this Commonwealth shall be 11 vested in the Senate and the House of Representatives, but the 12 people reserve to themselves the power to propose statutes and 13 amendments to this Constitution and to adopt or reject them at 14 the polls, independent of the General Assembly. 15 (2) The initiative is the power of the electors to propose 16 statutes and amendments to this Constitution and to adopt or 17 reject them.
1 (3) An initiative measure may be proposed by presenting to 2 the Secretary of the Commonwealth a petition that sets forth the 3 text of the proposed statute or amendment to this Constitution 4 and is certified by the Secretary of the Commonwealth to have 5 been signed by registered electors equal in number to 10%, in 6 the case of the statute, or 10%, in the case of an amendment to 7 this Constitution, of the votes for all candidates for Governor 8 at the last gubernatorial election. 9 (4) Signatures on initiative petitions must be obtained from 10 registered electors equal in number to at least 5% of the votes 11 for all candidates for Governor at the last gubernatorial 12 election in each of 34 counties in this Commonwealth. 13 (5) The Secretary of the Commonwealth shall then submit the 14 measure to the Secretary of the Senate and the Chief Clerk of 15 the House of Representatives, who shall present the measure to 16 each respective chamber. The measure shall be introduced in the 17 respective chambers in bill form on the first session day after 18 the measure is submitted by the Secretary of the Commonwealth. 19 (i) If the measure is not signed into law by the Governor 20 within 120 days following its introduction into the General 21 Assembly, the Secretary of the Commonwealth shall submit the 22 measure at the next statewide general, municipal, primary or 23 special election. The election shall be held at least 75 days 24 following the 120-day time frame for enactment. 25 (ii) Within 120 days of enactment, any one of the initial 26 petitioners may petition the Commonwealth Court to determine if 27 the General Assembly has altered the measure to obscure or 28 substantially deviate from its original purpose. A decision on 29 the petition shall be rendered by the Commonwealth Court within 30 60 days of the filing of the petition. If the Commonwealth Court 19990H1681B2056 - 2 -
1 determines that the General Assembly has substantially altered 2 the measure, the Secretary of the Commonwealth shall then submit 3 the measure at the next statewide general, municipal, primary or 4 special election held at least 75 days after the decision of the 5 court. If the Commonwealth Court fails to make a determination 6 within 60 days, the Secretary of the Commonwealth shall submit 7 the measure at the next statewide general, municipal, primary or 8 special election. 9 (6) The Secretary of the Commonwealth shall only certify a 10 measure wherein all signatures on petitions are obtained and 11 affixed to the petitions for the measure during the same regular 12 session of the General Assembly. 13 (7) An initiative measure embracing more than one subject 14 may not be submitted to the electors or have any effect. 15 (8) No measure that relates to religion, religious practices 16 or religious institutions, or to naming an individual to hold 17 office, or to naming or identifying a private corporation to 18 perform a function or to have a power or duty shall be proposed 19 by an initiative petition. 20 (9) An initiative amendment to this Constitution approved by 21 the electors which requires enabling legislation shall 22 constitute a mandate to the General Assembly to enact the 23 appropriate legislation by the conclusion of the next 24 legislative session. 25 (b) (1) The legislative power of this Commonwealth shall be 26 vested in the Senate and the House of Representatives, but the 27 people reserve to themselves the power at their own option to 28 approve or reject statutes or parts of statutes passed by the 29 General Assembly. 30 (2) The referendum is the power of the electors to approve 19990H1681B2056 - 3 -
1 or reject statutes or parts of statutes except urgency statutes 2 or statutes calling elections. 3 (3) A referendum measure may be proposed by presenting to 4 the Secretary of the Commonwealth, within 120 days after the 5 enactment date of the statute, a petition certified to have been 6 signed by registered electors equal in number to at least 10% of 7 the votes for all candidates for Governor at the last 8 gubernatorial election, asking that the statute or part of it be 9 submitted to the electors. 10 (4) Signatures on referendum petitions must be obtained from 11 registered electors equal in number to at least 5% of the votes 12 for all candidates for Governor at the last gubernatorial 13 election in each of 34 counties in this Commonwealth. 14 (5) The Secretary of the Commonwealth shall submit the 15 measure at the next statewide general, municipal, primary or 16 special election held at least 75 days after it qualifies. 17 (c) (1) The General Assembly shall provide the manner in 18 which petitions shall be circulated, presented and certified and 19 shall require by law measures to insure full disclosure of 20 disbursements made and receipts obtained by parties who have an 21 interest in initiative and referendum measures and who have 22 exceeded a statutory threshold for such disbursements and 23 receipts for any one initiative or referendum measure in each 24 election. The General Assembly may also require by law 25 reasonable limits on contributions made to parties who have an 26 interest in the passage or defeat of an initiative or referendum 27 measure for each measure and in each election. The General 28 Assembly shall also require by law the full disclosure of any 29 disbursements made by a person or corporation from another state 30 to advocate the passage or defeat of an initiative or referendum 19990H1681B2056 - 4 -
1 measure. 2 (2) An initiative or referendum petition in order to be 3 eligible for certification by the Secretary of the Commonwealth 4 shall first be signed by 200 initial petitioners who shall be 5 registered electors of this Commonwealth and who shall pay an 6 administrative fee that is not more than the fee required by law 7 for the filing of nomination petitions by candidates for public 8 office to be filled by the electors of the State-at-large. If 9 the Commonwealth Court shall, within 30 days of the petition's 10 submission to the Secretary of the Commonwealth, determine that 11 the petition contains the entire text of the measure, that the 12 measure is not, either affirmatively or negatively, 13 substantially the same as any measure which has been submitted 14 to the electors in the previous five years and that it contains 15 only one subject which is not excluded from consideration under 16 this section, the Secretary of the Commonwealth shall provide 17 petition forms for the use of subsequent signers and shall print 18 at the top of each petition form a fair, concise summary, as 19 determined by the Commonwealth Court, of the proposed measure as 20 such summary will appear on the ballot. The Secretary of the 21 Commonwealth shall have 30 days to certify the signatures on an 22 initiative or referendum petition. If the Secretary of the 23 Commonwealth shall fail to do so, the initiative shall proceed 24 to the General Assembly pursuant to subsection (a)(5), or the 25 referendum shall proceed to the electorate pursuant to 26 subsection (b)(5). 27 (3) The Legislative Reference Bureau shall, within ten days 28 of the certification of an initiative or referendum petition 29 upon which the required number of signatures have been affixed, 30 prepare an explanation or argument, or both, for and also an 19990H1681B2056 - 5 -
1 explanation or argument, or both, against the same. The 2 Secretary of the Commonwealth shall publish the summary and 3 explanations and arguments, together with the entire text of the 4 measure, in the newspaper of largest circulation in each county 5 and in as many newspapers of general circulation as deemed by 6 the Secretary of the Commonwealth to be sufficient to give 7 notice throughout this Commonwealth at least 20 days before the 8 election in which the measure is presented to the electors. This 9 information shall also be made available to the general public 10 in printed form. 11 (4) If conflicting initiatives pass in the same election, 12 the one receiving the most votes shall prevail. 13 (5) An initiative statute or amendment to this Constitution 14 or a referendum approved by a number of voters equal in number 15 to 51% of the votes for all candidates for Governor at the last 16 gubernatorial election shall take effect the day after the 17 election results are certified unless the measure provides 18 otherwise. 19 (6) A measure may not appear on the ballot in an election 20 more than once in five years. 21 (7) The General Assembly may not amend or repeal an 22 initiative or referendum statute until at least one legislative 23 session has intervened, and then only upon a vote of two-thirds 24 of the members elected to the Senate and the House of 25 Representatives. 26 (8) The veto power of the Governor shall not extend to an 27 initiative or referendum statute approved by the electors. 28 Section 2. (a) Upon the first passage by the General 29 Assembly of this proposed constitutional amendment, the 30 Secretary of the Commonwealth shall proceed immediately to 19990H1681B2056 - 6 -
1 comply with the advertising requirements of section 1 of Article 2 XI of the Constitution of Pennsylvania and shall transmit the 3 required advertisements to two newspapers in every county in 4 which such newspapers are published in sufficient time after 5 passage of this proposed constitutional amendment. 6 (b) Upon the second passage by the General Assembly of this 7 proposed constitutional amendment, the Secretary of the 8 Commonwealth shall proceed immediately to comply with the 9 advertising requirements of section 1 of Article XI of the 10 Constitution of Pennsylvania and shall transmit the required 11 advertisements to two newspapers in every county in which such 12 newspapers are published in sufficient time after passage of 13 this proposed constitutional amendment. The Secretary of the 14 Commonwealth shall submit this proposed constitutional amendment 15 to the qualified electors of this Commonwealth at the first 16 primary, general or municipal election occurring at least three 17 months after the proposed constitutional amendment is passed by 18 the General Assembly which meets the requirements of and is in 19 conformance with section 1 of Article XI of the Constitution of 20 Pennsylvania. A28L83SFL/19990H1681B2056 - 7 -