THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GOODMAN, BARRAR, B. BOYLE, D. COSTA, CUTLER, DENLINGER, FABRIZIO, GIBBONS, HARKINS, MATZIE, MURPHY, M. O'BRIEN, SABATINA, STURLA, WHITE AND YOUNGBLOOD, MARCH 4, 2011

REFERRED TO COMMITTEE ON INSURANCE, MARCH 4, 2011  

A JOINT RESOLUTION

Proposing integrated amendments to the Constitution of the

Commonwealth of Pennsylvania, providing for the election of

the Insurance Commissioner; and further providing for the

qualifications thereof.

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 Article IV be amended by adding a section to read:

§ 4.2.  Insurance Commissioner.

An Insurance Commissioner shall be chosen by the qualified

electors of the Commonwealth on the day the general election is

held for the Auditor General and State Treasurer; he shall hold

his office during four years from the third Tuesday of January

next ensuing his election and shall not be eligible to serve

continuously for more than two successive terms; he shall be the

chief officer of the Insurance Department and shall exercise

such powers and perform such duties as may be imposed by law. No

elected Insurance Commissioner may be employed directly or

indirectly by an insurance company within four years after

serving as Insurance commissioner.

(2)  That section 5 of Article IV be amended to read:

§ 5.  Qualifications of Governor, Lieutenant Governor [and],

Attorney General and Insurance Commissioner.

No person shall be eligible to the office of Governor,

Lieutenant Governor [or], Attorney General or Insurance

Commissioner 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 member of

the bar of the Supreme Court of Pennsylvania.

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

§ 6.  Disqualification for offices of Governor, Lieutenant

Governor [and], Attorney General and Insurance

Commissioner.

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 or

Insurance Commissioner.

(4)  That section 17 of Article IV be amended to read:

§ 17.  Contested elections of Governor, Lieutenant Governor

[and], Attorney General and Insurance Commissioner;

when succeeded.

The Chief Justice of the Supreme Court shall preside upon the

trial of any contested election of Governor, Lieutenant Governor

[or], Attorney General or Insurance Commissioner and shall

decide questions regarding the admissibility of evidence, and

shall, upon request of the committee, pronounce his opinion upon

other questions of law involved in the trial. The Governor,

Lieutenant Governor [and], Attorney General and Insurance

Commissioner shall exercise the duties of their respective

offices until their successors shall be duly qualified.

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 submit the proposed constitutional amendments

under section 1 to the qualified electors of this Commonwealth

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 constitutional amendments are passed by the General

Assembly. Upon approval of the amendments by the electors, there

shall be a vacancy in the office of the Insurance Commissioner

which shall be filled as provided herein.