PRIOR PASSAGE - NONE PRINTER'S NO. 362
No. 353 Session of 1997
INTRODUCED BY RHOADES, BELL, PUNT, KUKOVICH, DELP, HART, GERLACH AND O'PAKE, FEBRUARY 5, 1997
REFERRED TO STATE GOVERNMENT, FEBRUARY 5, 1997
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) Powers relating to initiative shall be as follows: 11 (1) The legislative power of this Commonwealth shall be 12 vested in the Senate and the House of Representatives, but the 13 people reserve to themselves the power to propose laws and 14 amendments to the Constitution, and to adopt or reject the same 15 at the polls, independent of the General Assembly. 16 (2) The initiative is the power of the electors to propose 17 statutes and amendments to the Constitution and to adopt or
1 reject them. 2 (3) An initiative measure may be proposed by presenting to 3 the Secretary of the Commonwealth a petition that sets forth the 4 text of the proposed statute or amendment to the Constitution 5 and is certified by the Secretary of the Commonwealth to have 6 been signed by registered electors equal in number to 8%, in the 7 case of the statute, or 10%, in the case of an amendment to the 8 Constitution, of the votes for all candidates for Governor at 9 the last gubernatorial election. 10 (4) Signatures on initiative petitions must be obtained from 11 at least 5% of the registered electors as of the date of the 12 last gubernatorial election in each of 36 counties in this 13 Commonwealth. 14 (5) The Secretary of the Commonwealth shall then submit the 15 measure at the next general, municipal, primary or special 16 statewide election held at least 75 days after it qualifies. The 17 Secretary of the Commonwealth shall only certify a measure 18 wherein all signatures on petitions are obtained and affixed to 19 the petitions for the measure during the same regular session of 20 the General Assembly. 21 (6) An initiative measure embracing more than one subject 22 may not be submitted to the electors or have any effect. 23 (7) No measure that relates to religion, religious practices 24 or religious institutions; or to naming an individual to hold 25 office; or naming or identifying a private corporation to 26 perform a function or to have a power or duty, shall be proposed 27 by an initiative petition. 28 (8) An initiative amendment to the Constitution approved by 29 the electors which requires enabling legislation shall 30 constitute a mandate to the General Assembly to promptly enact 19970S0353B0362 - 2 -
1 the appropriate legislation. 2 (b) Powers relating to referendum shall be as follows: 3 (1) The legislative power of this Commonwealth shall be 4 vested in the Senate and the House of Representatives, but the 5 people reserve to themselves the power, at their own option, to 6 approve or reject statutes or parts of statutes passed by the 7 General Assembly. 8 (2) The referendum is the power of the electors to approve 9 or reject statutes or parts of statutes except urgency statutes 10 or statutes calling elections. 11 (3) A referendum measure may be proposed by presenting to 12 the Secretary of the Commonwealth, within 120 days after the 13 enactment date of the statute, a petition certified to have been 14 signed by registered electors equal in number to 8% of the votes 15 for all candidates for Governor at the last gubernatorial 16 election asking that the statute or part of it be submitted to 17 the electors. 18 (4) Signatures on referendum petitions must be obtained from 19 at least 5% of the registered electors as of the date of the 20 last gubernatorial election in each of 36 counties in this 21 Commonwealth. 22 (5) The Secretary of the Commonwealth shall submit the 23 measure at the next general, municipal, primary or special 24 statewide election held at least 75 days after it qualifies. 25 (c) Provisions governing both initiative and referendum 26 shall be as follows: 27 (1) The General Assembly shall provide the manner in which 28 petitions shall be circulated, presented and certified, and 29 require by law measures to insure full disclosure of 30 disbursements made and receipts obtained by parties who have an 19970S0353B0362 - 3 -
1 interest in initiative and referendum measures and who have 2 exceeded a statutory threshold for such disbursements and 3 receipts for any one initiative or referendum measure in each 4 election. The General Assembly shall also require by law 5 reasonable limits on contributions made to parties who have an 6 interest in the passage or defeat of an initiative or referendum 7 measure for each measure and in each election. The General 8 Assembly shall also require by law the full disclosure of any 9 disbursements made by a person or corporation from another state 10 to advocate the passage or defeat of an initiative or referendum 11 measure. 12 (2) An initiative or referendum petition, in order to be 13 eligible for certification by the Secretary of the Commonwealth, 14 shall first be signed by 200 registered electors of the 15 Commonwealth, who shall pay an administrative fee not exceeding 16 the fee required by law for the filing of nomination petitions 17 by candidates for public office to be filled by the electors of 18 the State-at-large. If the Secretary of the Commonwealth shall 19 certify that the petition contains the entire text of the 20 measure; that the measure is not, either affirmatively or 21 negatively, substantially the same as any measure which has been 22 submitted to the electors in the previous five years; and that 23 it contains only one subject which is not excluded from 24 consideration under this section, then the Secretary of the 25 Commonwealth shall provide blanks for the use of subsequent 26 signers, and shall print at the top of each blank a fair, 27 concise summary, as determined by the Legislative Reference 28 Bureau, of the proposed measure as such summary will appear on 29 the ballot. 30 (3) The Legislative Reference Bureau shall, within ten days 19970S0353B0362 - 4 -
1 of the certification of an initiative or referendum petition 2 upon which the required number of signatures have been affixed, 3 prepare an explanation or argument, or both, for, and also an 4 explanation or argument, or both, against, the same. The 5 Secretary of the Commonwealth shall then publish the summary and 6 explanations and arguments, together with the entire text of the 7 measure, in as many newspapers of general circulation as deemed 8 by the Secretary of the Commonwealth to be sufficient to give 9 notice throughout the Commonwealth at least 20 days before the 10 election in which the measure is presented to the electors. This 11 information shall also be made available to the general public 12 in printed form. 13 (4) The Secretary of the Commonwealth shall certify no more 14 than four initiative or referendum measures in an election. Each 15 measure shall be limited to only one subject. If more than four 16 measures are submitted to the Secretary of the Commonwealth in 17 one election, the four measures with the largest numbers of 18 signatures shall be certified. If two or more measures are 19 substantially similar in subject matter, whether or not they 20 conflict, only the measure with the largest number of signatures 21 shall be certified. 22 (5) An initiative statute or amendment to the Constitution 23 or a referendum approved by a majority of votes thereon takes 24 effect the date after the election unless the measure provides 25 otherwise. 26 (6) No measure shall appear on the ballot in an election 27 more often than once in five years. 28 (7) The General Assembly may amend or repeal an initiative 29 or referendum statute only upon a vote of two-thirds of the 30 members elected to the Senate and the House of Representatives. 19970S0353B0362 - 5 -
1 (8) The veto power of the Governor shall not extend to an 2 initiative or referendum statute approved by the electors. 3 Section 2. (a) Upon the first passage by the General 4 Assembly of this proposed constitutional amendment, the 5 Secretary of the Commonwealth shall proceed immediately to 6 comply with the advertising requirements of section 1 of Article 7 XI of the Constitution of Pennsylvania and shall transmit the 8 required advertisements to two newspapers in every county in 9 which such newspapers are published in sufficient time after 10 passage of this proposed constitutional amendment. 11 (b) Upon the second passage by the General Assembly of this 12 proposed constitutional amendment, the Secretary of the 13 Commonwealth shall proceed immediately to comply with the 14 advertising requirements of section 1 of Article XI of the 15 Constitution of Pennsylvania and shall transmit the required 16 advertisements to two newspapers in every county in which such 17 newspapers are published in sufficient time after passage of 18 this proposed constitutional amendment. The Secretary of the 19 Commonwealth shall submit this proposed constitutional amendment 20 to the qualified electors of this Commonwealth at the first 21 primary, general or municipal election occurring at least three 22 months after the proposed constitutional amendment is passed by 23 the General Assembly which meets the requirements of and is in 24 conformance with section 1 of Article XI of the Constitution of 25 Pennsylvania. A3L83RZ/19970S0353B0362 - 6 -