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PA Bulletin, Doc. No. 96-1363

THE GENERAL ASSEMBLY

GENERAL ASSEMBLY

Proposed Amendments to the Constitution of Pennsylvania

[26 Pa.B. 4077]

   The following are true copies of Joint Resolutions of the Pennsylvania General Assembly regarding amendments to the Constitution of Pennsylvania that were proposed in the General Assembly during either the 1995-96 Session or the Special Session No. 1 of 1995. The proposed amendments were agreed to by a majority of the members elected to the Senate and the House of Representatives, pursuant to Article XI, Section 1 of the Constitution, the Secretary of the Commonwealth has caused the proposed amendments to be published here. Any of these proposed amendments agreed to by a majority of the Senators and Representatives elected to the General Assembly at the November 5, 1996 General Election will be published again and then submitted to the qualified electors of Pennsylvania for approval. If approved by a majority of the electors voting on it, an amendment becomes part of the Constitution.

   Anyone who needs help reading this advertisement or who needs the text of the proposed amendments in an alternative format may call or write the Pennsylvania Department of State, Bureau of Commissions, Elections and Legislation, Room 304 North Office Building, Harrisburg, PA 17120, (717) 787-5280.

YVETTE KANE,   
Secretary of the Commonwealth

Senate Bill No. 4, Special Session No. 1 of 1995

(Joint Resolution 1995-2)

(Printer's No. 112)

A JOINT RESOLUTION

Proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, further providing for the composition and powers of the Board of Pardons.

   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 section 9 of Article IV be amended to read:

§ 9.  Pardoning power; Board of Pardons.

   (a)  In all criminal cases except impeachment the Governor shall have power to remit fines and forfeitures, to grant reprieves, commutation of sentences and pardons; but no pardon shall be granted, nor sentence commuted, except on the recommendation in writing of a majority of the Board of Pardons, and in the case of a sentence of death or life imprisonment, on the unanimous recommendation in writing of the Board of Pardons, after full hearing in open session, upon due public notice. The recommendation, with the reasons therefor at length, shall be delivered to the Governor and a copy thereof shall be kept on file in the office of the Lieutenant Governor in a docket kept for that purpose.

   (b)  The Board of Pardons shall consist of the Lieutenant Governor who shall be chairman, the Attorney General and three members appointed by the Governor with the consent of [two-thirds or] a majority of the members elected to the Senate [as is specified by law] for terms of six years. The three members appointed by the Governor shall be residents of Pennsylvania [and shall be recognized leaders in their fields; one]. One shall be a [member of the bar,] crime victim; one a [penologist,] corrections expert; and the third a doctor of medicine, psychiatrist or psychologist. The board shall keep records of its actions, which shall at all times be open for public inspection.

Senate Bill No. 12, Special Session No. 1 of 1995

(Joint Resolution 1995-3)

(Printer's No. 113)

A JOINT RESOLUTION

Proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, further providing for bail.

   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 section 14 of Article I be amended to read:

§ 14.  Prisoners to be bailable; habeas corpus.

   All prisoners shall be bailable by sufficient sureties, unless for capital offenses or for offenses for which the maximum sentence is life imprisonment or unless no condition or combination of conditions other than imprisonment will reasonably assure the safety of any person and the community when the proof is evident or presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion the public safety may require it.

Senate Bill No. 752, Session of 1995

(Joint Resolution 1996-1)

(Printer's No. 2065)

A JOINT RESOLUTION

Proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, further providing for trial by jury and waiver of this right.

   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 section 6 of Article I be amended to read:

§ 6.  Trial by jury.

   Trial by jury shall be as heretofore, and the right thereof remain inviolate. The General Assembly may provide, however, by law, that a verdict may be rendered by not less than five-sixths of the jury in any civil case. Furthermore, in criminal cases the Commonwealth shall have the same right to trial by jury as does the accused.

   Section 2.  (a)  Upon the first passage by the General Assembly of this proposed constitutional amendment, 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 this proposed constitutional amendment.

   (b)  Upon the second passage by the General Assembly of this proposed constitutional amendment, 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 this proposed constitutional amendment. The Secretary of the Commonwealth shall submit this proposed constitutional amendment to the qualified electors of this Commonwealth at the first primary, general or municipal election occurring at least three months after the proposed constitutional amendment is passed by the General Assembly which meets the requirements of and is in conformance with section 1 of Article XI of the Constitution of Pennsylvania.

House Bill No. 1865, Session of 1995

(Joint Resolution 1996-2)

(Printer's No. 2287)

A JOINT RESOLUTION

Proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, further providing for absentee voting.

   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 section 14 of Article VII be amended to read:

§ 14.  Absentee voting.

   (a)  The Legislature shall, by general law, provide a manner in which, and the time and place at which, qualified electors who may, on the occurrence of any election, be absent from the [State or county] municipality of their residence, because their duties, occupation or business require them to be elsewhere or who, on the occurrence of any election, are unable to attend at their proper polling places because of illness or physical disability or who will not attend a polling place because of the observance of a religious holiday or who cannot vote because of election day duties, in the case of a county employee, may vote, and for the return and canvass of their votes in the election district in which they respectively reside.

   (b)  For purposes of this section, ''municipality'' means a city, borough, incorporated town, township or any similar general purpose unit of government which may be created by the General Assembly.

   Section 2.  Upon the first passage by the General Assembly of this proposed constitutional amendment, 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 this proposed constitutional amendment.

Senate Bill No. 284, Session of 1995

(Joint Resolution 1996-3)

(Printer's No. 2205)

A JOINT RESOLUTION

Proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, authorizing an exclusion from taxation of a portion of the assessed value of homestead property.

   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 section 2(b) of Article VIII be amended by adding a clause to read:

§ 2.  Exemptions and special provisions.

   ***

   (b)  The General Assembly may, by law:

   ***

   (vi)  Authorize local taxing authorities to exclude from taxation an amount based on the assessed value of homestead property. The exclusions authorized by this clause shall not exceed one-half of the median assessed value of all homestead property within a local taxing jurisdiction. A local taxing authority may not increase the millage rate of its tax on real property to pay for these exclusions.

   ***

   Section 2.  (a)  Upon the first passage by the General Assembly of this proposed constitutional amendment, 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 this proposed constitutional amendment.

   (b)  Upon the second passage by the General Assembly of this proposed constitutional amendment, 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 this proposed constitutional amendment. The Secretary of the Commonwealth shall submit this proposed constitutional amendment to the qualified electors of this Commonwealth at the first primary, general or municipal election occurring at least three months after the proposed constitutional amendment is passed by the General Assembly which meets the requirements of and is in conformance with section 1 of Article XI of the Constitution of Pennsylvania.

[Pa.B. Doc. No. 96-1363. Filed for public inspection August 23, 1996, 9:00 a.m.]


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