Trial Engrossment of Amendment A02292 to Senate Bill 0457 P.N. 0488, Regular Session 2021-2022

PRIOR PASSAGE - NONE

A02292

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

457

Session of

2021

INTRODUCED BY BAKER, YAW, MARTIN, GORDNER, VOGEL, MASTRIANO,

PITTMAN AND YUDICHAK, MARCH 19, 2021

SENATOR BAKER, JUDICIARY, AS AMENDED, MARCH 23, 2021

A JOINT RESOLUTION

Proposing integrated amendments and a separate and distinct

amendment to the Constitution of the Commonwealth of

Pennsylvania, further providing for qualifications of

Governor, Lieutenant Governor and Attorney General and for

disqualification for offices of Governor, Lieutenant Governor

and Attorney General; and providing for expiration of

authority to levy or collect real property taxes on

homesteads and farmsteads.

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 5 of Article IV be amended to read:

§ 5. Qualifications of Governor, Lieutenant Governor and

Attorney General.

No person shall be eligible to the office of Governor,

Lieutenant Governor or Attorney General except a citizen of the

United States, who shall have attained the age of 30 years, and

have been seven years next preceding his election an inhabitant

of this Commonwealth, unless he shall have been absent on the

public business of the United States or of this Commonwealth. No

person shall be eligible to the office of Attorney General

except [a] an active member of the bar of the Supreme Court of

Pennsylvania.

(2) That section 6 of Article IV be amended to read:

§ 6. Disqualification for offices of Governor, Lieutenant

Governor and Attorney General.

(a) No member of Congress or person holding any office

(except of attorney-at-law or in the National Guard or in a

reserve component of the armed forces of the United States)

under the United States or this Commonwealth shall exercise the

office of Governor, Lieutenant Governor or Attorney General.

(b) If the Attorney General is disbarred from the practice

of law in this Commonwealth, effective immediately upon the

disbarment, the Office of Attorney General shall be deemed

vacant.

of law in this Commonwealth, effective immediately upon the

suspension, THE OFFICE OF ATTORNEY GENERAL SHALL NOT BE VACANT

BUT the Attorney General shall be suspended from the Office of

Attorney General and the First Deputy Attorney General, if

willing, qualified and able to hold the office, shall serve as

the acting Attorney General until the law license of the

Attorney General is reinstated or the expiration of the term of

the Attorney General, whichever is sooner. If the First Deputy

Attorney General is not willing, qualified or able to fill the

vacancy SERVE AS THE ACTING ATTORNEY GENERAL under this

subsection, the Executive Deputy Attorney General of the

Criminal Law Division, if willing, qualified and able, shall

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fill the vacancy SERVE AS THE ACTING ATTORNEY GENERAL as

described under this subsection.

Section 2. The following separate and distinct amendment to

the Constitution of Pennsylvania is proposed in accordance with

Article XI:

That Article VIII be amended by adding a section to read:

§ 18. Expiration of authority to levy or collect real property

taxes on homesteads and farmsteads.

(a) No school district may levy a real property tax on a

homestead or farmstead after June 30, 2026. This subsection

shall not prohibit a school district from collecting a tax

levied prior to June 30, 2026.

(b) The Legislature shall, by general law, provide annually

each school district with maintenance and support in an amount

at least equal to the real property tax collected by the school

district on homesteads and farmsteads during the fiscal year

ending June 30, 2026, less the annual debt service legally

obligated to be paid by the school district during the fiscal

year ending June 30, 2026. The maintenance and support of school

districts may include, but need not be limited to:

(1) A State tax on each separate sale at retail of tangible

personal property or services in this Commonwealth.

(2) A State tax on the receipt of income by every resident

individual, estate or trust.

(3) A local tax on the receipt of income by every resident

individual, estate or trust.

(4) A local tax on earned income and net profits.

by general, local or special law, for a real property tax on a

homestead or farmstead.

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(d) Except for taxes imposed under subsection (b)(3) and

(4), all proceeds from other taxes imposed under subsection (b),

shall be deposited into a separate fund in the State Treasury,

to be known as the Stabilization of Education Fund, and shall be

used for the purpose of the maintenance and support of school

districts required under subsection (a). The money in the fund

may not be diverted by transfer or otherwise to any other

purpose.

Section 2 3. (a) Upon the first passage by the General

Assembly of these the proposed integrated constitutional

amendments under section 1 of this resolution, 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 the proposed integrated constitutional amendments under

section 1 of this resolution.

(b) Upon the second passage by the General Assembly of these

the proposed integrated constitutional amendments under section

1 of this resolution, 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 the proposed integrated

constitutional amendments under section 1 of this resolution.

The Secretary of the Commonwealth shall submit these the

proposed integrated constitutional amendments under section 1 of

this resolution to the qualified electors of this Commonwealth

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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 integrated constitutional amendments under section 1 of

this resolution are passed by the General Assembly.

Section 4. (a) Upon the first passage by the General

Assembly of the proposed constitutional amendment under section

2 of this resolution, 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 the proposed constitutional

amendment under section 2 of this resolution.

(b) Upon the second passage by the General Assembly of the

proposed constitutional amendment under section 2 of this

resolution, 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 the proposed constitutional

amendment under section 2 of this resolution. The Secretary of

the Commonwealth shall submit the proposed constitutional

amendment under section 2 of this resolution to the qualified

electors of this Commonwealth 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

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proposed constitutional amendment under section 2 of this

resolution is passed by the General Assembly.

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