H0153B1654A09601     SFL:JSL  03/28/12     #90        A09601

  

  

  

  

AMENDMENTS TO HOUSE BILL NO. 153

Printer's No. 1654

  

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Amend Bill, page 1, line 1, by striking out "an amendment"

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and inserting

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 integrated amendments

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Amend Bill, page 1, line 2, by inserting after "Assembly"

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 by providing for a unicameral legislature

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Amend Bill, page 1, lines 5 through 13; page 2, lines 1 

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through 30; page 3, line 1, by striking out all of said lines on

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said pages and inserting

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Section 1.  The following integrated amendments to the

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Constitution of Pennsylvania are proposed in accordance with

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Article XI:

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

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§ 1.  Legislative power.

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The legislative power of this Commonwealth shall be vested in

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a General Assembly[, which shall consist of a Senate and a House

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of Representatives].

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

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§ 2.  Election of members; vacancies.

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Members of the General Assembly shall be chosen at the

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general election every second year. Their term of service shall

21

begin on the first day of December next after their election.

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Whenever a vacancy shall occur [in either House], the presiding

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officer [thereof] shall issue a writ of election to fill such

24

vacancy for the remainder of the term.

25

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

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§ 3.  Terms of members.

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[Senators] (a)  Except as provided in subsection (b), members 

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shall be elected for the term of four years [and Representatives

29

for the term of two years].

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(b)  At the first general election after the adoption of the

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amendment adding this subsection, members from odd-numbered

32

districts shall be elected for a term of two years, and members

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from even-numbered districts shall be elected for a term of four

34

years.

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

2

§ 4.  Sessions.

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The General Assembly shall be a continuing body during the

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term for which its [Representatives] members are elected. It

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shall meet at 12 o'clock noon on the first Tuesday of January

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each year. Special sessions shall be called by the Governor on

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petition of a majority of the members [elected to each House] or

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may be called by the Governor whenever in his opinion the public

9

interest requires.

10

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

11

§ 5.  Qualifications of members.

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[Senators] Members of the General Assembly shall be at least

13

25 years of age [and Representatives 21 years of age]. They

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shall have been citizens and inhabitants of the State four

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years, and inhabitants of their respective districts one year

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next before their election (unless absent on the public business

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of the United States or of this State), and shall reside in

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their respective districts during their terms of service.

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

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§ 6.  Disqualification to hold other office.

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No [Senator or Representative] member of the General Assembly 

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shall, during the time for which he was elected, be appointed to

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any civil office under this Commonwealth to which a salary, fee

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or perquisite is attached. No member of Congress or other person

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holding any office (except of attorney-at-law or in the National

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Guard or in a reserve component of the armed forces of the

27

United States) under the United States or this Commonwealth to

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which a salary, fee or perquisite is attached shall be a member

29

of [either House] the General Assembly during his continuance in

30

office.

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(7)  That section 8 of Article II be amended to read:

32

§ 8.  Compensation.

33

The members of the General Assembly shall receive such salary

34

and mileage for regular and special sessions as shall be fixed

35

by law, and no other compensation whatever, whether for service

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upon committee or otherwise. No member of [either House] the

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General Assembly shall during the term for which he may have

38

been elected, receive any increase of salary, or mileage, under

39

any law passed during such term.

40

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

41

§ 9.  Election of officers; judge of election and qualifications

42

of members.

43

[The Senate shall, at the beginning and close of each regular

44

session and at such other times as may be necessary, elect one

45

of its members President pro tempore, who shall perform the

46

duties of the Lieutenant Governor, in any case of absence or

47

disability of that officer, and whenever the said office of

48

Lieutenant Governor shall be vacant. The House of

49

Representatives] The General Assembly shall elect one of its

50

members as Speaker. [Each House] It shall choose its other

51

officers, and shall judge [of] the election and qualifications

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1

of its members.

2

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

3

§ 10.  Quorum.

4

A majority of [each House] the General Assembly shall

5

constitute a quorum, but a smaller number may adjourn from day

6

to day and compel the attendance of absent members.

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(10)  That section 11 of Article II be amended to read:

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§ 11.  Powers of [each house] the General Assembly; expulsion.

9

[Each House] The General Assembly shall have power to

10

determine the rules of its proceedings and punish its members or

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other persons for contempt or disorderly behavior in its

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presence, to enforce obedience to its process, to protect its

13

members against violence or offers of bribes or private

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solicitation, and, with the concurrence of two-thirds, to expel

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a member, but not a second time for the same cause, and shall

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have all other powers necessary for the Legislature of a free

17

State. A member expelled for corruption shall not thereafter be

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eligible to [either House] the General Assembly, and punishment

19

for contempt or disorderly behavior shall not bar an indictment

20

for the same offense.

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

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§ 12.  Journals; yeas and nays.

23

[Each House] The General Assembly shall keep a journal of its

24

proceedings and from time to time publish the same, except such

25

parts as require secrecy, and the yeas and nays of the members

26

on any question shall, at the desire of any two of them, be

27

entered on the journal.

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(12)  That section 13 of Article II be amended to read:

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§ 13.  Open sessions.

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The sessions of [each House] the General Assembly and of

31

committees of the whole shall be open, unless when the business

32

is such as ought to be kept secret.

33

(13)  That section 14 of Article II be repealed:

34

[§ 14.  Adjournments.

35

Neither House shall, without the consent of the other,

36

adjourn for more than three days, nor to any other place than

37

that in which the two Houses shall be sitting.]

38

(14)  That section 15 of Article II be amended to read:

39

§ 15.  Privileges of members.

40

The members of the General Assembly shall in all cases,

41

except treason, felony, violation of their oath of office, and

42

breach or surety of the peace, be privileged from arrest during

43

their attendance at the sessions of [their respective Houses]

44

the General Assembly and in going to and returning from the

45

same; and for any speech or debate in [either House] the General

46

Assembly, they shall not be questioned in any other place.

47

(15)  That section 16 of Article II be amended to read:

48

§ 16.  Legislative districts.

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The Commonwealth shall be divided into [50 senatorial and 203

50

representative] 201 legislative districts, which shall be

51

composed of compact and contiguous territory as nearly equal in

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1

population as practicable. Each [senatorial] legislative 

2

district shall elect one [Senator, and each representative

3

district one Representative] member of the General Assembly.

4

Unless absolutely necessary no county, city, incorporated town,

5

borough, township or ward shall be divided in forming [either a

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senatorial or representative] a legislative district.

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(16)  That section 17(b) of Article II be amended to read:

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§ 17.  Legislative Reapportionment Commission.

9

* * *

10

(b)  The commission shall consist of [five] three members:

11

[four] two of whom shall be the majority and minority leaders of

12

[both the Senate and the House of Representatives] the General

13

Assembly, or deputies appointed by each of them, and a chairman

14

selected as hereinafter provided. No later than 60 days

15

following the official reporting of the Federal decennial census

16

as required by Federal law, the [four] two members shall be

17

certified by the [President pro tempore of the Senate and the

18

Speaker of the House of Representatives] Speaker of the General

19

Assembly to the elections officer of the Commonwealth who under

20

law shall have supervision over elections.

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The [four] two members within 45 days after their

22

certification shall select the [fifth] third member, who shall

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serve as chairman of the commission, and shall immediately

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certify his name to such elections officer. The chairman shall

25

be a citizen of the Commonwealth other than a local, State or

26

Federal official holding an office to which compensation is

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attached.

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If the [four] two members fail to select the [fifth] third 

29

member within the time prescribed, a majority of the entire

30

membership of the Supreme Court within 30 days thereafter shall

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appoint the chairman as aforesaid and certify his appointment to

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such elections officer.

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Any vacancy in the commission shall be filled within 15 days

34

in the same manner in which such position was originally filled.

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* * *

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(17)  That section 1 of Article III be amended to read:

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§ 1.  Passage of laws.

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No law shall be passed except by bill, and no bill shall be

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so altered or amended, on its passage through [either House] the

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General Assembly, as to change its original purpose.

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(18)  That section 4 of Article III be amended to read:

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§ 4.  Consideration of bills.

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Every bill shall be considered on three different days [in

44

each House]. All amendments made thereto shall be printed for

45

the use of the members before the final vote is taken on the

46

bill and before the final vote is taken, upon written request

47

addressed to the presiding officer of [either House] the General

48

Assembly by at least 25% of the members elected to [that House]

49

the General Assembly, any bill shall be read at length [in that

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House]. No bill shall become a law, unless on its final passage

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the vote is taken by yeas and nays, the names of the persons

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voting for and against it are entered on the journal, and a

2

majority of the members elected to [each House] the General

3

Assembly is recorded thereon as voting in its favor.

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(19)  That section 5 of Article III be repealed:

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[§ 5.  Concurring in amendments; conference committee reports.

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No amendment to bills by one House shall be concurred in by

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the other, except by the vote of a majority of the members

8

elected thereto, taken by yeas and nays, and the names of those

9

voting for and against recorded upon the journal thereof; and

10

reports of committees of conference shall be adopted in either

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House only by the vote of a majority of the members elected

12

thereto, taken by yeas and nays, and the names of those voting

13

recorded upon the journals.]

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(20)  That section 8 of Article III be amended to read:

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§ 8.  Signing of bills.

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The presiding officer of [each House] the General Assembly 

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shall, in the presence of the [House over which he presides]

18

General Assembly, sign all bills and joint resolutions passed by

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the General Assembly, after their titles have been publicly read

20

immediately before signing; and the fact of signing shall be

21

entered on the journal.

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(21)  That section 9 of Article III be amended to read:

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§ 9.  Action on concurrent orders and resolutions.

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Every order, resolution or vote, [to which the concurrence of

25

both Houses may be necessary,] except on the question of

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adjournment, shall be presented to the Governor and before it

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shall take effect be approved by him, or being disapproved,

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shall be repassed by two-thirds of [both Houses] the General

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Assembly according to the rules and limitations prescribed in

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case of a bill.

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(22)  That section 10 of Article III be repealed:

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[§ 10.  Revenue bills.

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All bills for raising revenue shall originate in the House of

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Representatives, but the Senate may propose amendments as in

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other bills.]

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(23)  That section 13 of Article III be amended to read:

37

§ 13.  Vote denied members with personal interest.

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A member who has a personal or private interest in any

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measure or bill proposed or pending before the General Assembly

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shall disclose the fact to the [House of which he is a member]

41

General Assembly, and shall not vote thereon.

42

(24)  That section 17 of Article III be amended to read:

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§ 17.  Appointment of legislative officers and employees.

44

The General Assembly shall prescribe by law the number,

45

duties and compensation of [the] its officers and employees [of

46

each House], and no payment shall be made from the State

47

Treasury, or be in any way authorized, to any person, except to

48

an acting officer or employee elected or appointed in pursuance

49

of law.

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(25)  That section 30 of Article III be amended to read:

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§ 30.  Charitable and educational appropriations.

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No appropriation shall be made to any charitable or

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educational institution not under the absolute control of the

3

Commonwealth, other than normal schools established by law for

4

the professional training of teachers for the public schools of

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the State, except by a vote of two-thirds of all the members

6

elected to [each House] the General Assembly.

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

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§ 2.  Duties of Governor; election procedure; tie or contest.

9

The supreme executive power shall be vested in the Governor,

10

who shall take care that the laws be faithfully executed; he

11

shall be chosen on the day of the general election, by the

12

qualified electors of the Commonwealth, at the places where they

13

shall vote for [Representatives] members of the General

14

Assembly. The returns of every election for Governor shall be

15

sealed up and transmitted to the seat of government, directed to

16

the [President of the Senate] Speaker of the General Assembly,

17

who shall open and publish them in the presence of the members

18

[of both Houses] of the General Assembly. The person having the

19

highest number of votes shall be Governor, but if two or more be

20

equal and highest in votes, one of them shall be chosen Governor

21

by the [joint] vote of the members of [both Houses] the General

22

Assembly. Contested elections shall be determined by a

23

committee, to be selected from [both Houses of] the General

24

Assembly, and formed and regulated in such manner as shall be

25

directed by law.

26

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

27

§ 4.  Lieutenant Governor.

28

A Lieutenant Governor shall be chosen jointly with the

29

Governor by the casting by each voter of a single vote

30

applicable to both offices, for the same term, and subject to

31

the same provisions as the Governor[; he shall be President of

32

the Senate. As such, he may vote in case of a tie on any

33

question except the final passage of a bill or joint resolution,

34

the adoption of a conference report or the concurrence in

35

amendments made by the House of Representatives].

36

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

37

§ 8.  Appointing power.

38

(a)  The Governor shall appoint a Secretary of Education and

39

such other officers as he shall be authorized by law to appoint.

40

The appointment of the Secretary of Education and of such other

41

officers as may be specified by law, shall be subject to the

42

consent of two-thirds or a majority of the members elected to

43

the [Senate] General Assembly as is specified by law.

44

(b)  The Governor shall fill vacancies in offices to which he

45

appoints by nominating to the [Senate] General Assembly a proper

46

person to fill the vacancy within 90 days of the first day of

47

the vacancy and not thereafter. The [Senate] General Assembly 

48

shall act on each executive nomination within 25 legislative

49

days of its submission. If the [Senate] General Assembly has not

50

voted upon a nomination within 15 legislative days following

51

such submission, any [five] 25 members of the [Senate] General

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Assembly may, in writing, request the presiding officer of the

2

[Senate] General Assembly to place the nomination before the

3

entire [Senate] General Assembly body whereby the nomination

4

must be voted upon prior to the expiration of five legislative

5

days or 25 legislative days following submission by the

6

Governor, whichever occurs first. If the nomination is made

7

during a recess or after adjournment sine die, the [Senate]

8

General Assembly shall act upon it within 25 legislative days

9

after its return or reconvening. If the [Senate] General

10

Assembly for any reason fails to act upon a nomination submitted

11

to it within the required 25 legislative days, the nominee shall

12

take office as if the appointment had been consented to by the

13

[Senate] General Assembly. The Governor shall in a similar

14

manner fill vacancies in the offices of Lieutenant Governor, 

15

Auditor General, State Treasurer, justice, judge, justice of the

16

peace and in any other elective office he is authorized to fill.

17

In the case of a vacancy in an elective office, a person shall

18

be elected to the office on the next election day appropriate to

19

the office unless the first day of the vacancy is within two

20

calendar months immediately preceding the election day in which

21

case the election shall be held on the second succeeding

22

election day appropriate to the office.

23

(c)  In acting on executive nominations, the [Senate] General

24

Assembly shall sit with open doors. The votes shall be taken by

25

yeas and nays and shall be entered on the journal.

26

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

27

§ 9.  Pardoning power; Board of Pardons.

28

(a)  In all criminal cases except impeachment the Governor

29

shall have power to remit fines and forfeitures, to grant

30

reprieves, commutation of sentences and pardons; but no pardon

31

shall be granted, nor sentence commuted, except on the

32

recommendation in writing of a majority of the Board of Pardons,

33

and, in the case of a sentence of death or life imprisonment, on

34

the unanimous recommendation in writing of the Board of Pardons,

35

after full hearing in open session, upon due public notice. The

36

recommendation, with the reasons therefor at length, shall be

37

delivered to the Governor and a copy thereof shall be kept on

38

file in the office of the Lieutenant Governor in a docket kept

39

for that purpose.

40

(b)  The Board of Pardons shall consist of the Lieutenant

41

Governor who shall be chairman, the Attorney General and three

42

members appointed by the Governor with the consent of a majority

43

of the members elected to the [Senate] General Assembly for

44

terms of six years. The three members appointed by the Governor

45

shall be residents of Pennsylvania. One shall be a crime victim, 

46

one a corrections expert and the third a doctor of medicine,

47

psychiatrist or psychologist. The board shall keep records of

48

its actions, which shall at all times be open for public

49

inspection.

50

(30)  That section 12 of Article IV be amended to read:

51

§ 12.  Power to convene and adjourn the General Assembly.

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1

He may, on extraordinary occasions, convene the General

2

Assembly[, and in case of disagreement between the two Houses,

3

with respect to the time of adjournment, adjourn them to such

4

time as he shall think proper, not exceeding four months]. He

5

shall have power to convene the [Senate] General Assembly in

6

extraordinary session by proclamation for the transaction of

7

Executive business.

8

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

9

§ 14.  Vacancy in office of Lieutenant Governor.

10

In case of the death, conviction on impeachment, failure to

11

qualify or resignation of the Lieutenant Governor[, or in case

12

he should become Governor under section 13 of this article, the

13

President pro tempore of the Senate shall become Lieutenant

14

Governor for the remainder of the term] , the Governor shall

15

appoint, in accordance with section 8 of this article, a

16

Lieutenant Governor. The appointment shall be subject to the

17

consent of a majority of the members elected to the General

18

Assembly. The appointee, upon approval, shall serve for the

19

remainder of the term. In case of the disability of the

20

Lieutenant Governor, the powers, duties and emoluments of the

21

office shall devolve upon the [President pro tempore of the

22

Senate] Speaker of the General Assembly until the disability is

23

removed. Should there be no Lieutenant Governor, the [President

24

pro tempore of the Senate] Speaker of the General Assembly shall

25

become Governor if a vacancy shall occur in the office of

26

Governor and in case of the disability of the Governor, the

27

powers, duties and emoluments of the office shall devolve upon

28

the [President pro tempore of the Senate] Speaker of the General

29

Assembly until the disability is removed. His seat as [Senator]

30

member of the General Assembly shall become vacant whenever he

31

shall become Governor and shall be filled by election as any

32

other vacancy in the [Senate] General Assembly.

33

(32)  That section 15 of Article IV be amended to read:

34

§ 15.  Approval of bills; vetoes.

35

Every bill which shall have passed [both Houses] the General

36

Assembly shall be presented to the Governor; if he approves he

37

shall sign it, but if he shall not approve he shall return it

38

with his objections to the [House in which it shall have

39

originated] General Assembly, which [House] shall enter the

40

objections at large upon their journal, and proceed to re-

41

consider it. If after such re-consideration, two-thirds of all

42

the members elected to [that House] the General Assembly shall

43

agree to pass the bill, [it shall be sent with the objections to

44

the other House by which likewise it shall be re-considered, and

45

if approved by two-thirds of all the members elected to that

46

House] it shall be a law; but in such cases the votes of [both

47

Houses] the General Assembly shall be determined by yeas and

48

nays, and the names of the members voting for and against the

49

bill shall be entered on the [journals of each House,

50

respectively] journal. If any bill shall not be returned by the

51

Governor within ten days after it shall have been presented to

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him, the same shall be a law in like manner as if he had signed

2

it, unless the General Assembly, by their adjournment, prevent

3

its return, in which case it shall be a law, unless he shall

4

file the same, with his objections, in the office of the

5

Secretary of the Commonwealth, and give notice thereof by public

6

proclamation within 30 days after such adjournment.

7

(33)  That section 13(b) and (d) of Article V be amended to

8

read:

9

§ 13.  Election of justices, judges and justices of the peace;

10

vacancies.

11

* * *

12

(b)  A vacancy in the office of justice, judge or justice of

13

the peace shall be filled by appointment by the Governor. The

14

appointment shall be with the advice and consent of two-thirds

15

of the members elected to the [Senate] General Assembly, except

16

in the case of justices of the peace which shall be by a

17

majority. The person so appointed shall serve for a term ending

18

on the first Monday of January following the next municipal

19

election more than ten months after the vacancy occurs or for

20

the remainder of the unexpired term whichever is less, except in

21

the case of persons selected as additional judges to the

22

Superior Court, where the General Assembly may stagger and fix

23

the length of the initial terms of such additional judges by

24

reference to any of the first, second and third municipal

25

elections more than ten months after the additional judges are

26

selected. The manner by which any additional judges are selected

27

shall be provided by this section for the filling of vacancies

28

in judicial offices.

29

* * *

30

(d)  At the primary election in 1969, the electors of the

31

Commonwealth may elect to have the justices and judges of the

32

Supreme, Superior, Commonwealth and all other statewide courts

33

appointed by the Governor from a list of persons qualified for

34

the offices submitted to him by the Judicial Qualifications

35

Commission. If a majority vote of those voting on the question

36

is in favor of this method of appointment, then whenever any

37

vacancy occurs thereafter for any reason in such court, the

38

Governor shall fill the vacancy by appointment in the manner

39

prescribed in this subsection. Such appointment shall not

40

require the consent of the [Senate] General Assembly.

41

* * *

42

(34)  That section 3 of Article VI be amended to read:

43

§ 3.  Oath of office.

44

[Senators, Representatives] Members of the General Assembly

45

and all judicial, State and county officers shall, before

46

entering on the duties of their respective offices, take and

47

subscribe the following oath or affirmation before a person

48

authorized to administer oaths.

49

"I do solemnly swear (or affirm) that I will support, obey

50

and defend the Constitution of the United States and the

51

Constitution of this Commonwealth and that I will discharge the

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1

duties of my office with fidelity."

2

The oath or affirmation shall be administered to [a] each 

3

member of the [Senate or to a member of the House of

4

Representatives] General Assembly in the hall of [the House to

5

which he shall have been elected] the General Assembly.

6

Any person refusing to take the oath or affirmation shall

7

forfeit his office.

8

(35)  That section 4 of Article VI be amended to read:

9

§ 4.  Power of impeachment.

10

[The House of Representatives shall have the sole power of

11

impeachment.] The General Assembly shall have the sole power of

12

impeachment. A majority of the members elected to the General

13

Assembly must concur in the impeachment. Proceeding for

14

impeachment may be initiated in either a regular session or a

15

special session of the General Assembly.

16

(36)  That section 5 of Article VI be amended to read:

17

§ 5.  Trial of impeachments.

18

[All impeachments shall be tried by the Senate. When sitting

19

for that purpose the Senators shall be upon oath or affirmation.

20

No person shall be convicted without the concurrence of two-

21

thirds of the members present.] Upon the adoption of a

22

resolution of impeachment, which resolution shall give

23

reasonable notice of the acts or omissions alleged to constitute

24

impeachable offenses but need not conform to any particular

25

style, a notice of an impeachment of any officer, other than a

26

justice of the Supreme Court, shall be forthwith served upon the

27

Chief Justice, by the Clerk of the General Assembly, who shall

28

thereupon call a session of the Supreme Court to meet at the

29

Capitol in an expeditious fashion after such notice to try the

30

impeachment. A notice of an impeachment of the Chief Justice or

31

any justice of the Supreme Court shall be served by the Clerk of

32

the General Assembly, upon the President Judge of the Superior

33

Court, and he or she thereupon shall choose, at random, seven

34

judges of the Superior Court to meet within 30 days at the

35

Capitol, to sit as a court to try such impeachment, which court

36

shall organize by electing one of its number to preside. The

37

case against the impeached civil officer shall be brought in the

38

name of the General Assembly and shall be managed by two members

39

of the General Assembly, appointed by the General Assembly, who

40

may make technical or procedural amendments to the articles of

41

impeachment as they deem necessary. The trial shall be conducted

42

in the manner of a civil proceeding and the impeached civil

43

officer shall not be allowed to invoke a privilege against self-

44

incrimination, except as otherwise applicable in a general civil

45

case. No person shall be convicted without the concurrence of

46

two-thirds of the members of the court of impeachment that clear

47

and convincing evidence exists indicating that such person is

48

guilty of one or more impeachable offenses. No officer shall

49

exercise his or her official duties after he or she shall have

50

been impeached and notified thereof, until he or she shall have

51

been acquitted.

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1

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

2

§ 7.  Removal of civil officers.

3

All civil officers shall hold their offices on the condition

4

that they behave themselves well while in office, and shall be

5

removed on conviction of misbehavior in office or of any

6

infamous crime. Appointed civil officers, other than judges of

7

the courts of record, may be removed at the pleasure of the

8

power by which they shall have been appointed. All civil

9

officers elected by the people, except the Governor, the

10

Lieutenant Governor, members of the General Assembly and judges

11

of the courts of record, shall be removed by the Governor for

12

reasonable cause, after due notice and full hearing, on the

13

address of two-thirds of the [Senate] General Assembly.

14

(38)  That section 2 of Article VII be amended to read:

15

§ 2.  General election day.

16

The general election shall be held biennially on the Tuesday

17

next following the first Monday of November in each even-

18

numbered year, but the General Assembly may by law fix a

19

different day, two-thirds of all the members [of each House]

20

consenting thereto: Provided, That such election shall always be

21

held in an even-numbered year.

22

(39)  That section 3 of Article VII be amended to read:

23

§ 3.  Municipal election day; offices to be filled on election 

24

days.

25

All judges elected by the electors of the State at large may

26

be elected at either a general or municipal election, as

27

circumstances may require. All elections for judges of the

28

courts for the several judicial districts, and for county, city,

29

ward, borough, and township officers, for regular terms of

30

service, shall be held on the municipal election day; namely,

31

the Tuesday next following the first Monday of November in each

32

odd-numbered year, but the General Assembly may by law fix a

33

different day, two-thirds of all the members [of each House]

34

consenting thereto: Provided, That such elections shall be held

35

in an odd-numbered year: Provided further, That all judges for

36

the courts of the several judicial districts holding office at

37

the present time, whose terms of office may end in an odd-

38

numbered year, shall continue to hold their offices until the

39

first Monday of January in the next succeeding even-numbered

40

year.

41

(40)  That section 17(b) of Article VIII be amended to read:

42

§ 17.  Special emergency legislation.

43

* * *

44

(b)  Notwithstanding the provisions of Article III, section

45

29 subsequent to a Presidential declaration of an emergency or

46

of a major disaster in any part of this Commonwealth, the

47

General Assembly shall have the authority by a vote of two-

48

thirds of all members [elected to each House] to make

49

appropriations limited to moneys required for Federal emergency

50

or major disaster relief. This subsection may apply

51

retroactively to any Presidential declaration of an emergency or

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1

of a major disaster in 1976 or 1977.

2

(41)  That section 1 of Article XI be amended to read:

3

§ 1.  Proposal of amendments by the General Assembly and their

4

adoption.

5

Amendments to this Constitution may be proposed in the

6

[Senate or House of Representatives] General Assembly; and if

7

the same shall be agreed to by a majority of the members elected

8

[to each House] thereto, such proposed amendment or amendments

9

shall be entered on their journals with the yeas and nays taken

10

thereon, and the Secretary of the Commonwealth shall cause the

11

same to be published three months before the next general

12

election, in at least two newspapers in every county in which

13

such newspapers shall be published; and if, in the General

14

Assembly next afterwards chosen, such proposed amendment or

15

amendments shall be agreed to by a majority of the members

16

elected [to each House] thereto, the Secretary of the

17

Commonwealth shall cause the same again to be published in the

18

manner aforesaid; and such proposed amendment or amendments

19

shall be submitted to the qualified electors of the State in

20

such manner, and at such time at least three months after being

21

so agreed to by the [two Houses] General Assembly, as the

22

General Assembly shall prescribe; and, if such amendment or

23

amendments shall be approved by a majority of those voting

24

thereon, such amendment or amendments shall become a part of the

25

Constitution; but no amendment or amendments shall be submitted

26

oftener than once in five years. When two or more amendments

27

shall be submitted they shall be voted upon separately.

28

(a)  In the event a major emergency threatens or is about to

29

threaten the Commonwealth and if the safety or welfare of the

30

Commonwealth requires prompt amendment of this Constitution,

31

such amendments to this Constitution may be proposed in the

32

[Senate or House of Representatives] General Assembly at any

33

regular or special session of the General Assembly, and if

34

agreed to by at least two-thirds of the members elected [to each

35

House] thereto, a proposed amendment shall be entered on the

36

journal of [each House] the General Assembly with the yeas and

37

nays taken thereon and the official in charge of statewide

38

elections shall promptly publish such proposed amendment in at

39

least two newspapers in every county in which such newspapers

40

are published. Such amendment shall then be submitted to the

41

qualified electors of the Commonwealth in such manner, and at

42

such time, at least one month after being agreed to by [both

43

Houses] the General Assembly as the General Assembly prescribes.

44

(b)  If an emergency amendment is approved by a majority of

45

the qualified electors voting thereon, it shall become part of

46

this Constitution. When two or more emergency amendments are

47

submitted they shall be voted on separately.

48

Section 2.  (a)  Upon the first passage by the General

49

Assembly of these proposed constitutional amendments, the

50

Secretary of the Commonwealth shall proceed immediately to

51

comply with the advertising requirements of section 1 of Article

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1

XI of the Constitution of Pennsylvania and shall transmit the

2

required advertisements to two newspapers in every county in

3

which such newspapers are published in sufficient time after

4

passage of these proposed constitutional amendments.

5

(b)  Upon the second passage by the General Assembly of these

6

proposed constitutional amendments, the Secretary of the

7

Commonwealth shall proceed immediately to comply with the

8

advertising requirements of section 1 of Article XI of the

9

Constitution of Pennsylvania and shall transmit the required

10

advertisements to two newspapers in every county in which such

11

newspapers are published in sufficient time after passage of

12

these proposed constitutional amendments. The Secretary of the

13

Commonwealth shall submit the proposed constitutional amendments

14

under section 1 to the qualified electors of this Commonwealth

15

as a single ballot question at the first primary, general or

16

municipal election which meets the requirements of and is in

17

conformance with section 1 of Article XI of the Constitution of

18

Pennsylvania and which occurs at least three months after the

19

proposed constitutional amendments are passed by the General

20

Assembly.

  

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