A JOINT RESOLUTION

 

1Proposing <-integrated amendments and separate and distinct 
2amendments an amendment to the Constitution of the
3Commonwealth of Pennsylvania, abolishing the Office of 
4Lieutenant Governor and reorganizing executive functions;<-
5reducing the size of the General Assembly<-; and reducing the 
6size of the Supreme Court and the Superior Court.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby resolves as follows:

<-9Section 1. The following integrated amendments to the
10Constitution of Pennsylvania are proposed in accordance with
11Article XI:

12(1) That section 9 of Article II be amended to read:

13§ 9. Election of officers; judge of election and qualifications
14of members.

15The Senate shall, at the beginning and close of each regular
16session and at such other times as may be necessary, elect one
17of its members President pro tempore[, who shall perform the

1duties of the Lieutenant Governor, in any case of absence or
2disability of that officer, and whenever the said office of
3Lieutenant Governor shall be vacant]. The House of
4Representatives shall elect one of its members as Speaker. Each
5House shall choose its other officers, and shall judge of the
6election and qualifications of its members.

7(2) That section 1 of Article IV be amended to read:

8§ 1. Executive Department.

9The Executive Department of this Commonwealth shall consist
10of a Governor, [Lieutenant Governor,] Attorney General, Auditor
11General, State Treasurer, and Superintendent of Public
12Instruction and such other officers as the General Assembly may
13from time to time prescribe.

14(3) That section 4 of Article IV be amended to read:

15[§ 4. Lieutenant Governor.

16A Lieutenant Governor shall be chosen jointly with the
17Governor by the casting by each voter of a single vote
18applicable to both offices, for the same term, and subject to
19the same provisions as the Governor; he shall be President of
20the Senate. As such, he may vote in case of a tie on any
21question except the final passage of a bill or joint resolution,
22the adoption of a conference report or the concurrence in
23amendments made by the House of Representatives.]

24(4) That section 5 of Article IV be amended to read:

25§ 5. Qualifications of Governor[, Lieutenant Governor] and
26Attorney General.

27No person shall be eligible to the office of Governor[,
28Lieutenant Governor] or Attorney General except a citizen of the
29United States, who shall have attained the age of 30 years, and
30have been seven years next preceding his election an inhabitant

1of this Commonwealth, unless he shall have been absent on the
2public business of the United States or of this Commonwealth. No
3person shall be eligible to the office of Attorney General
4except a member of the bar of the Supreme Court of Pennsylvania.

5(5) That section 6 of Article IV be amended to read:

6§ 6. Disqualification for offices of Governor[, Lieutenant
7Governor] and Attorney General.

8No member of Congress or person holding any office (except of
9attorney-at-law or in the National Guard or in a reserve
10component of the armed forces of the United States) under the
11United States or this Commonwealth shall exercise the office of
12Governor[, Lieutenant Governor] or Attorney General.

13(6) That section 9 of Article IV be amended to read:

14§ 9. Pardoning power; Board of Pardons.

15(a) In all criminal cases except impeachment the Governor
16shall have power to remit fines and forfeitures, to grant
17reprieves, commutation of sentences and pardons; but no pardon
18shall be granted, nor sentence commuted, except on the
19recommendation in writing of a majority of the Board of Pardons,
20and, in the case of a sentence of death or life imprisonment, on
21the unanimous recommendation in writing of the Board of Pardons,
22after full hearing in open session, upon due public notice. The
23recommendation, with the reasons therefor at length, shall be
24delivered to the Governor and a copy thereof shall be kept on
25file in the office of the [Lieutenant] Governor in a docket kept
26for that purpose.

27(b) The Board of Pardons shall consist of the [Lieutenant
28Governor] Attorney General who shall be chairman[, the Attorney
29General and three] and four members appointed by the Governor
30with the consent of a majority of the members elected to the

1Senate for terms of six years. The [three] members appointed by
2the Governor shall be residents of Pennsylvania. One shall be a
3crime victim, one a corrections expert [and the third], one a
4doctor of medicine, psychiatrist or psychologist and one a law
5enforcement officer. The board shall keep records of its
6actions, which shall at all times be open for public inspection.

7(7) That section 13 of Article IV be amended to read:

8§ 13. When [Lieutenant Governor] President of the Senate to act
9as Governor.

10(a) In the case of the death, conviction on impeachment,
11failure to qualify or resignation of the Governor, the
12[Lieutenant Governor] President of the Senate shall become
13Governor for the remainder of the term [and in] if there are
14fewer than 60 days remaining to that term or, if there are 60
15days or more remaining to that term, the President of the Senate
16shall become Governor until a special election is convened and a
17Governor is sworn in as provided by law.

18(b) In the case of the disability of the Governor, the
19powers, duties and emoluments of the office shall devolve upon
20the [Lieutenant Governor] President of the Senate until the
21disability is removed.

22(8) That section 14 of Article IV be amended to read:

23[§ 14. Vacancy in office of Lieutenant Governor.

24In case of the death, conviction on impeachment, failure to
25qualify or resignation of the Lieutenant Governor, or in case he
26should become Governor under section 13 of this article, the
27President pro tempore of the Senate shall become Lieutenant
28Governor for the remainder of the term. In case of the
29disability of the Lieutenant Governor, the powers, duties and
30emoluments of the office shall devolve upon the President pro

1tempore of the Senate until the disability is removed. Should
2there be no Lieutenant Governor, the President pro tempore of
3the Senate shall become Governor if a vacancy shall occur in the
4office of Governor and in case of the disability of the
5Governor, the powers, duties and emoluments of the office shall
6devolve upon the President pro tempore of the Senate until the
7disability is removed. His seat as Senator shall become vacant
8whenever he shall become Governor and shall be filled by
9election as any other vacancy in the Senate.]

10(9) That section 17 of Article IV be amended to read:

11§ 17. Contested elections of Governor[, Lieutenant Governor]
12and Attorney General; when succeeded.

13The Chief Justice of the Supreme Court shall preside upon the
14trial of any contested election of Governor[, Lieutenant
15Governor] or Attorney General and shall decide questions
16regarding the admissibility of evidence, and shall, upon request
17of the committee, pronounce his opinion upon other questions of
18law involved in the trial. The Governor[, Lieutenant Governor]
19and Attorney General shall exercise the duties of their
20respective offices until their successors shall be duly
21qualified.

22(10) That section 7 of Article VI be amended to read:

23§ 7. Removal of civil officers.

24All civil officers shall hold their offices on the condition
25that they behave themselves well while in office, and shall be
26removed on conviction of misbehavior in office or of any
27infamous crime. Appointed civil officers, other than judges of
28the courts of record, may be removed at the pleasure of the
29power by which they shall have been appointed. All civil
30officers elected by the people, except the Governor, [the

1Lieutenant Governor,] members of the General Assembly and judges
2of the courts of record, shall be removed by the Governor for
3reasonable cause, after due notice and full hearing, on the
4address of two-thirds of the Senate.

5Section 2 1. The following separate <-and distinct amendments 
<-6amendment to the Constitution are <-is proposed in accordance with
7Article XI:

<-8(1) That section 16 of Article II be amended to read:

9§ 16. Legislative districts.

10The Commonwealth shall be divided into [50] 45 senatorial and 
11203 representative districts, which shall be composed of compact 
12and contiguous territory as nearly equal in population as 
13practicable. Each senatorial district shall elect one Senator, 
14and each representative district one Representative. Unless 
15absolutely necessary no county, city, incorporated town, 
16borough, township or ward shall be divided in forming either a 
17senatorial or representative district.

<-18(2) That section 2 of Article V be amended to read:

19§ 2. Supreme Court.

20The Supreme Court (a) shall be the highest court of the
21Commonwealth and in this court shall be reposed the supreme
22judicial power of the Commonwealth;

23(b) shall consist of [seven] five justices, one of whom
24shall be the Chief Justice; and

25(c) shall have such jurisdiction as shall be provided by
26law.

27(3) That section 3 of Article V be amended to read:

28§ 3. Superior Court.

29The Superior Court shall be a statewide court, and shall
30consist of the number of judges, which shall be not less than

1seven judges and not more than eleven judges, and have such
2jurisdiction as shall be provided by this Constitution or by the
3General Assembly. One of its judges shall be the president
4judge.

5Section 3. (a) Upon the first passage by the General
6Assembly of the proposed integrated constitutional amendments
7under section 1, the Secretary of the Commonwealth shall proceed
8immediately to comply with the advertising requirements of
9section 1 of Article XI of the Constitution of Pennsylvania and
10shall transmit the required advertisements to two newspapers in
11every county in which such newspapers are published in
12sufficient time after passage of these proposed constitutional
13amendments.

14(b) Upon the second passage by the General Assembly of the
15proposed integrated constitutional amendments under section 1,
16the Secretary of the Commonwealth shall proceed immediately to
17comply with the advertising requirements of section 1 of Article
18XI of the Constitution of Pennsylvania and shall transmit the
19required advertisements to two newspapers in every county in
20which such newspapers are published in sufficient time after
21passage of the proposed constitutional amendments under section
221. The Secretary of the Commonwealth shall submit the proposed
23constitutional amendments under section 1 as a single ballot
24question to the qualified electors of this Commonwealth at the
25first primary, general or municipal election which meets the
26requirements of and is in conformance with section 1 of Article
27XI of the Constitution of Pennsylvania and which occurs at least
28three months after the proposed integrated constitutional
29amendments under section 1 are passed by the General Assembly.

30(c) Upon ratification by the electors of the proposed

1integrated constitutional amendments under section 1, any act or
2part of an act of the General Assembly that is in effect upon
3such approval and that refers to the Lieutenant Governor shall
4not be deemed to include the Lieutenant Governor, and where such
5act or part of an act requires the Lieutenant Governor to have
6any power or to exercise any duty, such power or duty shall be
7abolished following the expiration of the current Lieutenant
8Governor's term of office.

9Section 4. (a) Upon the first passage by the General
10Assembly of the three separate and distinct proposed
11constitutional amendments under section 2, the Secretary of the
12Commonwealth shall proceed immediately to comply with the
13advertising requirements of section 1 of Article XI of the
14Constitution of Pennsylvania and shall transmit the required
15advertisements to two newspapers in every county in which such
16newspapers are published in sufficient time after passage of
17the three separate and distinct proposed constitutional
18amendments under section 2.

19(b) Upon the second passage by the General Assembly of the
20three separate and distinct proposed constitutional amendments
21under section 2, the Secretary of the Commonwealth shall proceed
22immediately to comply with the advertising requirements of
23section 1 of Article XI of the Constitution of Pennsylvania and
24shall transmit the required advertisements to two newspapers in
25every county in which such newspapers are published in
26sufficient time after passage of the three separate and distinct
27proposed constitutional amendments under section 2 1. The
28Secretary of the Commonwealth shall submit the three separate
29and distinct proposed constitutional amendments under section 2
30as separate ballot questions to the qualified electors of this

1Commonwealth at the first primary, general or municipal election
2which meets the requirements of and is in conformance with
3section 1 of Article XI of the Constitution of Pennsylvania and
4which occurs at least three months after the three separate and
5distinct proposed constitutional amendments under section 2 are
6passed by the General Assembly.

7Section 2. (a) Upon the first passage by the General<-
8Assembly of THIS proposed constitutional amendment, the
9Secretary of the Commonwealth shall proceed immediately to
10comply with the advertising requirements of section 1 of Article
11XI of the Constitution of Pennsylvania and shall transmit the
12required advertisements to two newspapers in every county in
13which such newspapers are published in sufficient time after
14passage of THIS proposed constitutional amendment.

15(b) Upon the second passage by the General Assembly of THIS
16proposed constitutional amendment, the Secretary of the
17Commonwealth shall proceed immediately to comply with the
18advertising requirements of section 1 of Article XI of the
19Constitution of Pennsylvania and shall transmit the required
20advertisements to two newspapers in every county in which such
21newspapers are published in sufficient time after passage of
22THIS proposed constitutional amendment. The Secretary of the
23Commonwealth shall submit THIS proposed constitutional amendment
24To the qualified electors of this Commonwealth at the first
25primary, general or municipal election which meets the
26requirements of and is in conformance with section 1 of Article
27XI of the Constitution of Pennsylvania and which occurs at least
28three months after the proposed constitutional amendment is
29passed by the General Assembly.

30Section 5 <-3. Upon ratification by the electors, the General

1Assembly shall enact legislation to implement the amendment of
2section 16 of article ii <-Article II of the Constitution of
3Pennsylvania so that it applies for the first time to the first
4session of the General Assembly which begins after the
5reapportionment following the 2020 Federal decennial census.

6Section 6<-. Upon ratification by the electors, the General 
7Assembly shall enact legislation to implement the amendment of 
8section 2 of Article V of the Constitution of Pennsylvania so 
9that it applies for the first time when a vacancy exists on the 
10Supreme Court and does not apply to any current member of the 
11Supreme Court.

12Section 7. Upon ratification by the electors, the General 
13Assembly shall enact legislation to implement the amendment of 
14section 3 of Article V of the Constitution of Pennsylvania so 
15that it applies for the first time when a vacancy exists on the 
16Superior Court and does not apply to any current member of the 
17Superior Court.