Trial Engrossment of Amendment A00017 to Senate Bill 0001 P.N. 0026, Regular Session 2023-2024

PRIOR PASSAGE - J.R. 2022-1 J.R. 2021-2, J.R. 2022-1

A00017

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

Session of

2023

INTRODUCED BY LAUGHLIN, J. WARD, K. WARD, PITTMAN, AUMENT,

PHILLIPS-HILL, BARTOLOTTA, MARTIN, BAKER, ARGALL, BROOKS,

BROWN, COLEMAN, DiSANTO, DUSH, FARRY, GEBHARD, HUTCHINSON,

LANGERHOLC, MASTRIANO, PENNYCUICK, REGAN, ROBINSON, ROTHMAN,

STEFANO, VOGEL AND YAW, JANUARY 6, 2023

SENATOR PITTMAN, RULES AND EXECUTIVE NOMINATIONS, RE-REPORTED AS

AMENDED, JANUARY 10, 2023

A JOINT RESOLUTION

Proposing separate and distinct amendments to the Constitution

of the Commonwealth of Pennsylvania, further providing for

COURTS TO BE OPEN AND SUITS AGAINST THE COMMONWEALTH, FOR

action on concurrent orders and resolutions and for

qualifications of electors.; 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 separate and distinct amendments to

the Constitution of Pennsylvania are proposed in accordance with

Article XI:

(1) THAT SECTION 11 OF ARTICLE I BE AMENDED TO READ:

§ 11. COURTS TO BE OPEN; SUITS AGAINST THE COMMONWEALTH.

(A) ALL COURTS SHALL BE OPEN; AND EVERY MAN FOR AN INJURY

DONE HIM IN HIS LANDS, GOODS, PERSON OR REPUTATION SHALL HAVE

REMEDY BY DUE COURSE OF LAW, AND RIGHT AND JUSTICE ADMINISTERED

WITHOUT SALE, DENIAL OR DELAY. SUITS MAY BE BROUGHT AGAINST THE

COMMONWEALTH IN SUCH MANNER, IN SUCH COURTS AND IN SUCH CASES AS

THE LEGISLATURE MAY BY LAW DIRECT.

(B) AN INDIVIDUAL FOR WHOM A STATUTORY LIMITATIONS PERIOD

HAS ALREADY EXPIRED, OR WHOSE CLAIM WOULD OTHERWISE BE BARRED OR

LIMITED BY A STATUTORY CAP ON DAMAGES, SOVEREIGN IMMUNITY OR BY

GOVERNMENTAL OR OFFICIAL IMMUNITY, SHALL HAVE A PERIOD OF TWO

YEARS, WITHOUT BAR OR LIMITATION BY SUCH CAPS OR IMMUNITIES,

FROM THE TIME THAT THIS SUBSECTION BECOMES EFFECTIVE TO COMMENCE

AN ACTION ARISING FROM CHILDHOOD SEXUAL ABUSE, IN SUCH CASES AS

PROVIDED BY LAW AT THE TIME THAT THIS SUBSECTION BECOMES

EFFECTIVE.

(1) (2) 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 questions of

adjournment, disapproval of a regulation 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) (3) That section 1 of Article VII be amended to read:

§ 1. Qualifications of electors.

(a) Every citizen 21 years of age, possessing the following

qualifications, shall be entitled to vote at all elections

subject, however, to such laws requiring and regulating the

registration of electors as the General Assembly may enact.

1. He or she shall have been a citizen of the United States

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at least one month.

2. He or she shall have resided in the State 90 days

immediately preceding the election.

3. He or she shall have resided in the election district

where he or she shall offer to vote at least 60 days immediately

preceding the election, except that if qualified to vote in an

election district prior to removal of residence, he or she may,

if a resident of Pennsylvania, vote in the election district

from which he or she removed his or her residence within 60 days

preceding the election.

(b) In addition to the qualifications under subsection (a)

of this section, a qualified elector shall provide a valid

identification at each election in accordance with the

following:

1. When voting in person, the qualified elector shall

present a valid identification before receiving a ballot to vote

in person.

2. When not voting in person, the qualified elector shall

provide proof of a valid identification with his or her ballot.

identification, he or she shall, upon request and confirmation

of identity, be furnished with a government-issued

identification at no cost to the qualified elector.

(d) For purposes of this section, the term "valid

identification" means an unexpired government-issued

identification, unless otherwise provided for by law.

(4) 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.

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

homestead or farmstead after June 30, 2028. This subsection

shall not prohibit a school district from collecting a tax

levied prior to June 30, 2028.

(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, 2028, less the annual debt service legally

obligated to be paid by the school district during the fiscal

year ending June 30, 2028. 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.

(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.

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Section 2. The following procedure applies to the proposed

constitutional amendments in this joint resolution:

(1) Upon first passage by the General Assembly of the

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.

(2) Upon the second passage of the amendments by the

General Assembly, 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. The Secretary of the Commonwealth shall:

(i) Submit the amendment under section 1(1) of this

resolution to the qualified electors of this Commonwealth

as a separate ballot question at the first primary

election which meets the requirements of section 1 of

Article XI of the Constitution of Pennsylvania.

(ii) Submit the amendment under section 1(2) of this

resolution to the qualified electors of this Commonwealth

as a separate ballot question at the first primary

election which meets the requirements of section 1 of

Article XI of the Constitution of Pennsylvania.

(III) SUBMIT THE AMENDMENT UNDER SECTION 1(3) OF

THIS RESOLUTION TO THE QUALIFIED ELECTORS OF THIS

COMMONWEALTH AS A SEPARATE BALLOT QUESTION AT THE FIRST

PRIMARY ELECTION WHICH MEETS THE REQUIREMENTS OF SECTION

1 OF ARTICLE XI OF THE CONSTITUTION OF PENNSYLVANIA.

(iv) Submit the amendment under section 1(4) of this

resolution to the qualified electors of this Commonwealth

as a separate ballot question at the first primary

election which meets the requirements of section 1 of

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Article XI of the Constitution of Pennsylvania.

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