Pennsylvania Code › Title 4 - ADMINISTRATION › Part XVI - LEGISLATIVELY ORDERED MATERIAL › Subpart A - DEPARTMENT OF STATE › Chapter 801 - LEGISLATIVELY ORDERED MATERIAL RELATING TO PROPOSED CONSTITUTIONAL AMENDMENTS › Appendix B - Sample Constitutional Amendment Advertisement (Second Passage)

Current through Register Vol. 54, No. 28, July 13, 2024
. PUBLIC NOTICE .
PROPOSED AMENDMENTS TO THE CONSTITUTION OF
					 PENNSYLVANIA
This notice contains information about questions that will
					 be on the ballot in the Municipal Primary to be held on May 18, 2021.
The ballot questions propose three separate amendments to
					 the Constitution of Pennsylvania, based on a joint resolution of the General
					 Assembly of Pennsylvania.
If one or more of the ballot questions is approved by a
					 majority of the people voting on it, each amendment approved will become
					 law.
The General Assembly of Pennsylvania first proposed the
					 amendments during the 2020 session and approved them for a second time during
					 the 2021 session of the legislature, as required by Article XI, Section 1 of
					 the Constitution.
This public notice is part of the process of amending the
					 Constitution of Pennsylvania. The Secretary of the Commonwealth is required to
					 publish:
* A copy of the joint resolution proposing the
					 amendments.
* The text of each question that will be on the
					 ballot.
* A ''Plain English Statement'' prepared by the Office of
					 Attorney General explaining the purpose, limitations and effects of each ballot
					 question upon the people of this Commonwealth.
Text that appears in
bold print
are the
					 changes to the words of the Constitution that are proposed by the General
					 Assembly. If the amendment is approved, the words
underlined
would
					 be added to the Constitution and the words in
[brackets]
would be
					 deleted.
If you need help reading this advertisement or need the
					 text of the proposed amendment in an alternative format, call or write the
					 Pennsylvania Department of State, Bureau of Election Services and Notaries,
					 Room 210 North Office Building, Harrisburg, PA 17120, 1-877-868-3772 (option
					 3), ra-elections@pa.gov.
Veronica Degraffenreid
Acting Secretary of the Commonwealth
JOINT RESOLUTION NO. 2021-1
Proposing separate and distinct amendments to the
					 Constitution of Pennsylvania, in declaration of rights, providing for
					 prohibition against denial or abridgment of equality of rights because of race
					 and ethnicity; in legislation, further providing for action on concurrent
					 orders and resolutions; and, in the executive, providing for disaster emergency
					 declaration and management.
The General Assembly of the Commonwealth of Pennsylvania
					 hereby resolves as follows:
Section 1. The following separate and distinct amendments
					 to the Constitution of Pennsylvania are proposed in accordance with Article
					 XI:
(1) That Article I of the Constitution of Pennsylvania be
					 amended by adding a section to read:
§ 29. Prohibition against denial or abridgment
					 of equality of rights because of race and ethnicity.
Equality of rights under the law shall not be denied
					 or abridged in the Commonwealth of Pennsylvania because of the race or
					 ethnicity of the individual.
(1.1) That section 9 of Article III be amended to
					 read:
§9. Action on concurrent orders and
					 resolutions.
Every order, resolution or vote, to which the concurrence
					 of both Houses may be necessary, except on the
[question of adjournment]
questions of adjournment or termination or extension of a disaster
					 emergency declaration as declared by an executive order or proclamation, or
					 portion of a disaster emergency declaration as declared by an executive order
					 or proclamation, shall be presented to the Governor and before it shall take
					 effect be approved by him, or being disapproved, shall be repassed by
					 two-thirds of both Houses according to the rules and limitations prescribed in
					 case of a bill.
(2) That Article IV be amended by adding a section to read:
§ 20. Disaster emergency declaration and
					 management.
(a) A disaster emergency declaration may be declared
					 by executive order or proclamation of the Governor upon finding that a disaster
					 has occurred or that the occurrence or threat of a disaster is imminent that
					 threatens the health, safety or welfare of this Commonwealth.
(b) Each disaster emergency declaration issued by
					 the Governor under subsection (a) shall indicate the nature, each area
					 threatened and the conditions of the disaster, including whether the disaster
					 is a natural disaster, military emergency, public health emergency,
					 technological disaster or other general emergency, as defined by statute. The
					 General Assembly shall, by statute, provide for the manner in which each type
					 of disaster enumerated under this subsection shall be managed.
(c) A disaster emergency declaration under
					 subsection (a) shall be in effect for no more than twenty-one (21) days, unless
					 otherwise extended in whole or part by concurrent resolution of the General
					 Assembly.
(d) Upon the expiration of a disaster emergency
					 declaration under subsection (a), the Governor may not issue a new disaster
					 emergency declaration based upon the same or substantially similar facts and
					 circumstances without the passage of a concurrent resolution of the General
					 Assembly expressly approving the new disaster emergency
					 declaration.
Section 2.
(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:
(1) Submit the proposed constitutional amendment under
					 section 1(1) of this resolution to the qualified electors of this Commonwealth
					 as a separate 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 amendment is passed by the
					 General Assembly.
(1.1) Submit the proposed constitutional amendment under
					 section 1(1.1) of this resolution to the qualified electors of this
					 Commonwealth as a separate 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 amendment is passed by the
					 General Assembly.
(2) Submit the proposed constitutional amendment under
					 section 1(2) of this resolution to the qualified electors of this Commonwealth
					 as a separate 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 amendment is passed by the
					 General Assembly.
PROPOSED CONSTITUTIONAL AMENDMENT-ARTICLE III,
					 SECTION 9
RELATING TO TERMINATION OR EXTENSION OF DISASTER
					 EMERGENCY DECLARATIONS
Ballot Question
Shall the Pennsylvania Constitution be amended to change
					 existing law and increase the power of the General Assembly to unilaterally
					 terminate or extend a disaster emergency declaration-and the powers of
					 Commonwealth agencies to address the disaster regardless of its severity
					 pursuant to that declaration- through passing a concurrent resolution by simple
					 majority, thereby removing the existing check and balance of presenting a
					 resolution to the Governor for approval or disapproval?
Plain English Statement of the Office of Attorney
					 General
Joint Resolution No. 2021-1 proposes to amend Article III,
					 Section 9 of the Pennsylvania Constitution to provide a new exception to
					 traditional legislative procedure by allowing the General Assembly to terminate
					 or extend a disaster emergency declaration or a portion of such declaration
					 without needing the Governor's approval.
Currently, Article III, Section 9 establishes a general
					 rule that all orders, resolutions or votes requiring approval by both the House
					 of Representatives and Senate must be presented to the Governor for his
					 approval or veto. Resolutions for the adjournment of the General Assembly are
					 exempted from this process. If the order, resolution or vote is approved by the
					 Governor, it becomes law. If the Governor vetoes the resolution, it does not
					 become law unless two-thirds of the House and Senate vote to override the veto.
					 The proposed amendment would create an additional exception to this customary
					 legislative procedure for concurrent resolutions to terminate or extend, in
					 whole or in part, a disaster emergency declaration issued by the
					 Governor.
The proposed amendment will also have the effect of
					 reversing a recent ruling of the Pennsylvania Supreme Court which held the
					 Pennsylvania Constitution prohibited the General Assembly from passing a
					 concurrent resolution to terminate the Governor's Covid-19 disaster emergency
					 declaration without presenting it to the Governor for his approval. It will
					 change the law to allow the General Assembly to terminate or extend a disaster
					 emergency declaration through a concurrent resolution approved by only a
					 majority of the members of the House and Senate, without having to present the
					 resolution to the Governor for his approval or veto.
The proposed amendment is limited in that it only changes
					 the traditional legislative process for terminating or extending disaster
					 emergency declarations issued by the Governor. The amendment will not alter the
					 current legislative procedure with respect to which orders, resolutions or
					 votes of the General Assembly must be presented to the Governor for his
					 approval on any other subject matter.
PROPOSED CONSTITUTIONAL AMENDMENT-ARTICLE IV DISASTER
					 EMERGENCY DECLARATION AND MANAGEMENT
Ballot Question
Shall the Pennsylvania Constitution be amended to change
					 existing law so that: a disaster emergency declaration will expire
					 automatically after 21 days, regardless of the severity of the emergency,
					 unless the General Assembly takes action to extend the disaster emergency; the
					 Governor may not declare a new disaster emergency to respond to the dangers
					 facing the Commonwealth unless the General Assembly passes a concurrent
					 resolution; the General Assembly enacts new laws for disaster
					 management?
Plain English Statement of the Office of Attorney
					 General
Joint Resolution No. 2021-1 proposes adding a new section
					 to Article IV of the Pennsylvania Constitution. This amendment incorporates
					 disaster emergency declaration and management powers directly into the
					 Constitution by:
* Granting the Governor authority to declare a disaster
					 emergency declaration by proclamation or executive order;
* Requiring each declaration to indicate the nature,
					 location and type of disaster;
* Granting the General Assembly authority to pass laws
					 providing for the manner in which each disaster shall be managed;
* Limiting the duration of a Governor's declaration to 21
					 days, unless otherwise extended, in whole or in part, by a concurrent
					 resolution of the General Assembly;
* Preventing the Governor, upon the expiration of a
					 declaration, from issuing a new declaration based upon the same or
					 substantially similar facts, unless the General Assembly passes a concurrent
					 resolution expressly approving a new declaration.
Currently, disaster emergency declaration and management
					 powers are delegated by statute to the Governor. The Governor has the sole
					 authority to issue and manage all disaster emergency declarations, which cannot
					 extend beyond 90 days unless renewed by the Governor. The General Assembly may
					 override a Governor's disaster emergency declaration by concurrent resolution
					 that must be presented to the Governor for his approval or veto.
If approved, the amendment would transfer certain of the
					 Governor's existing authority to respond to and manage disaster emergencies to
					 the General Assembly. The Governor would retain the authority to issue an
					 initial disaster emergency declaration but the declaration's permissible length
					 would be reduced from 90 to 21 days. The sole authority to extend a declaration
					 would lie with the General Assembly; presently, this power rests with the
					 Governor. Upon expiration of the initial declaration, the amendment prohibits
					 the Governor from issuing a new declaration based upon the same or
					 substantially similar facts without the approval of the General Assembly. The
					 Governor would no longer have unilateral authority to manage disasters, but
					 would have to do so consistent with the laws passed by the General
					 Assembly.
If approved, the General Assembly would be required to pass
					 new laws establishing the manner in which each type of disaster shall be
					 managed. If added to the Pennsylvania Constitution, the proposed amendment
					 cannot be modified or repealed except by a judicial decision finding all or
					 part of the proposed amendment unconstitutional or by the approval of a
					 subsequent constitutional amendment.
PROPOSED CONSTITUTIONAL AMENDMENT-ARTICLE I
					 PROHIBITION AGAINST DENIAL OR ABRIDGEMENT OF EQUALITY OF RIGHTS BECAUSE OF RACE
					 OR ETHNICITY
Ballot Question
Shall the Pennsylvania Constitution be amended by adding a
					 new section providing that equality of rights under the law shall not be denied
					 or abridged because of an individual's race or ethnicity?
Plain English Statement of the Office of Attorney
					 General
Joint Resolution No. 2021-1, if approved by the electorate,
					 will add a new section to Article I of the Pennsylvania Constitution. This
					 amendment creates a constitutional prohibition against restricting or denying
					 an individual's equal rights under Pennsylvania law because of race or
					 ethnicity.
Generally, inclusion of this amendment within the
					 Pennsylvania Constitution signifies that freedom from discrimination based on
					 race or ethnicity is an essential principle of liberty and free government.
					 This amendment applies to all Pennsylvania state, county and local governmental
					 entities, and guarantees equality of rights under the law. The amendment, if
					 enacted, will become a part of the Pennsylvania Constitution. As such, its
					 provisions must be applied consistent with the other provisions of the
					 Constitution.
This equal right to be free from racial or ethnic
					 discrimination will exist independent from any such rights under the United
					 States Constitution or corresponding federal law. If the current federal
					 protections proscribing racial or ethnic discrimination are abolished, the
					 prohibition against such discrimination will remain in the Pennsylvania
					 Constitution. The amendment is limited in that it creates a right only under
					 Pennsylvania law.
Once added to the Pennsylvania Constitution, the right to
					 be free from racial or ethnic discrimination under the law cannot be eliminated
					 except by a judicial decision finding the amendment unconstitutional or the
					 approval of a subsequent constitutional amendment. If approved, the General
					 Assembly may pass new laws to implement the amendment, but it may not pass a
					 law inconsistent with it.
PAID FOR WITH PENNSYLVANIA TAXPAYER DOLLARS. THIS
					 ADVERTISEMENT IS FUNDED IN WHOLE BY THE GENERAL FUND.