Pennsylvania SB 446: A Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, providing for powers reserved to the people.

Bill Text

PRIOR PASSAGE - NONE
PRINTER'S NO. 375
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 446
Session of
2025
INTRODUCED BY BOSCOLA AND FONTANA, MARCH 14, 2025
REFERRED TO STATE GOVERNMENT, MARCH 14, 2025
A JOINT RESOLUTION
Proposing an amendment to the Constitution of the Commonwealth
of Pennsylvania, providing for powers reserved to the people.
The General Assembly of the Commonwealth of Pennsylvania
hereby resolves as follows:
Section 1. The following amendment to the Constitution of
Pennsylvania is proposed in accordance with Article XI:
That Article III be amended by adding a section to read:
§ 33. Powers reserved to the people.
(a) (1) The legislative power of this Commonwealth shall be
vested in the Senate and the House of Representatives, but the
people reserve to themselves the power to propose laws and
amendments to this Constitution at the polls, independently of
the General Assembly.
(2) The initiative is the power of the electors to propose
statutes and amendments to this Constitution.
(3) An initiative measure may be proposed by presenting to
the Secretary of the Commonwealth a petition that provides the
text of the proposed statute or amendment to this Constitution
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and is certified by the Secretary of the Commonwealth to have
been signed by registered electors equal in number to 5% of the
votes for all candidates for Governor at the last gubernatorial
election in not less than 45 counties in this Commonwealth.
(4) The Secretary of the Commonwealth shall only certify a
measure on which all signatures on petitions are obtained and
affixed to the petitions for the measure during the same regular
session of the General Assembly and which is submitted by 5 p.m.
on the Friday after the second Thursday of February in the
second year of that session.
(5) An initiative measure embracing more than one subject
may not be submitted to the electors or have any effect.
(6) No measure that relates to religion, religious practices
and institutions; the appointment, qualification, tenure,
removal, recall or compensation of judges; the reversal of a
judicial decision; the powers, creation or abolition of courts;
the making of a specific appropriation of money from the
treasury; and the naming of a private corporation to perform a
function or to have a power or duty may be proposed by an
initiative petition.
(7) The Secretary of the Commonwealth shall submit the
measure at the next general, municipal, primary or special
Statewide election held at least 75 days after the measure
qualifies. The measure shall be referred to a vote of the
qualified electors and shall become law when approved by a
majority of the votes cast on the measure and upon proclamation
of the Governor.
(b) (1) The legislative power of this Commonwealth shall be
vested in the Senate and the House of Representatives, but the
people reserve to themselves the power, at their own option, to
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reject statutes or parts of statutes passed by the General
Assembly.
(2) The referendum is the power of the electors to reject
statutes or parts of statutes except urgency statutes or
statutes calling elections.
(3) A referendum measure may be proposed by presenting to
the Secretary of the Commonwealth, within 90 days after the
enactment date of the statute, a petition certified to have been
signed by registered electors equal in number to 5% of the votes
for all candidates for Governor at the last gubernatorial
election in not less than 45 counties in this Commonwealth,
asking that the statute or part of the statute be submitted to
the electors.
(4) If a petition is certified to have been signed by
registered electors equal to 10% of the votes for all candidates
for Governor at the last gubernatorial election in not less than
45 counties in this Commonwealth, the effective date of the
enacted legislation is suspended until the next election at
which time the measure shall be submitted to the electors.
(5) The Secretary of the Commonwealth shall submit the
measure at the next general, municipal, primary or special
Statewide election held at least 75 days after the measure
qualifies. The measure shall be referred to a vote of the
qualified electors and shall become law when approved by a
majority of the votes cast on the measure and upon proclamation
of the Governor.
(c) (1) The General Assembly shall provide the manner in
which petitions shall be circulated, presented and certified and
require by law measures to ensure full disclosure of
disbursements made and receipts obtained by parties who have an
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interest in initiative and referendum measures and who have
exceeded a statutory threshold for these disbursements and
receipts for any one initiative or referendum measure in each
election. The General Assem