H0153B1654A09623     DMS:CMM  03/29/12     #90        A09623

  

  

  

  

AMENDMENTS TO HOUSE BILL NO. 153

Printer's No. 1654

  

1

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

2

and inserting

3

 integrated amendments

4

Amend Bill, page 1, line 2, by inserting after "the" where it

5

occurs the second time

6

 legislature by establishing a part-time, unicameral

7

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

8

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

9

said pages and inserting

10

Section 1.  The following integrated amendments to the

11

Constitution of Pennsylvania are proposed in accordance with

12

Article XI:

13

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

14

§ 1.  Legislative power.

15

The legislative power of this Commonwealth shall be vested in

16

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

17

of Representatives].

18

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

19

§ 2.  Election of members; vacancies.

20

Members of the General Assembly shall be chosen at the

21

general election every second year. Their term of service shall

22

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

23

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

24

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

25

vacancy for the remainder of the term.

26

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

27

§ 3.  Terms of members.

28

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

29

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

30

for the term of two years].

31

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

32

amendment adding this subsection, members from odd-numbered

33

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

- 1 -

 


1

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

2

years.

3

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

4

§ 4.  Sessions.

5

(a)  The General Assembly shall be a continuing body [during

6

the term for which its Representatives are elected. It shall

7

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

8

each year until the last Wednesday in February and from the

9

first Monday in June until the first Wednesday in July. Special

10

sessions shall be called by the Governor on petition of a

11

majority of the members [elected to each House] or may be called

12

by the Governor whenever in his opinion the public interest

13

requires.

14

(b)  The amendment of subsection (a) shall apply to the

15

General Assembly elected at the first general election after the

16

adoption of the amendment adding this subsection.

17

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

18

§ 5.  Qualifications of members.

19

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

20

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

21

shall have been citizens and inhabitants of the State four

22

years, and inhabitants of their respective districts one year

23

next before their election (unless absent on the public business

24

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

25

their respective districts during their terms of service.

26

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

27

§ 6.  Disqualification to hold other office.

28

No [Senator or Representative] member of the General Assembly 

29

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

30

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

31

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

32

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

33

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

34

United States) under the United States or this Commonwealth to

35

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

36

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

37

office.

38

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

39

§ 8.  Compensation.

40

The members of the General Assembly shall receive such salary

41

and mileage for regular and special sessions as shall be fixed

42

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

43

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

44

General Assembly shall during the term for which he may have

45

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

46

any law passed during such term.

47

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

48

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

49

of members.

50

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

51

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

- 2 -

 


1

of its members President pro tempore, who shall perform the

2

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

3

disability of that officer, and whenever the said office of

4

Lieutenant Governor shall be vacant. The House of

5

Representatives] The General Assembly shall elect one of its

6

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

7

officers, and shall judge of the election and qualifications of

8

its members.

9

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

10

§ 10.  Quorum.

11

A majority of [each House] the General Assembly shall

12

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

13

to day and compel the attendance of absent members.

14

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

15

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

16

[Each House] The General Assembly shall have power to

17

determine the rules of its proceedings and punish its members or

18

other persons for contempt or disorderly behavior in its

19

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

20

members against violence or offers of bribes or private

21

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

22

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

23

have all other powers necessary for the Legislature of a free

24

State. A member expelled for corruption shall not thereafter be

25

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

26

for contempt or disorderly behavior shall not bar an indictment

27

for the same offense.

28

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

29

§ 12.  Journals; yeas and nays.

30

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

31

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

32

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

33

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

34

entered on the journal.

35

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

36

§ 13.  Open sessions.

37

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

38

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

39

is such as ought to be kept secret.

40

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

41

[§ 14.  Adjournments.

42

Neither House shall, without the consent of the other,

43

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

44

that in which the two Houses shall be sitting.]

45

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

46

§ 15.  Privileges of members.

47

The members of the General Assembly shall in all cases,

48

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

49

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

50

their attendance at the sessions of [their respective Houses]

51

the General Assembly and in going to and returning from the

- 3 -

 


1

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

2

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

3

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

4

§ 16.  Legislative districts.

5

The Commonwealth shall be divided into [50 senatorial and 203

6

representative] 407 legislative districts, which shall be

7

composed of compact and contiguous territory as nearly equal in

8

population as practicable. Each [senatorial] legislative 

9

district shall elect one [Senator, and each representative

10

district one Representative] member of the General Assembly.

11

Unless absolutely necessary no county, city, incorporated town,

12

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

13

senatorial or representative] a legislative district.

14

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

15

§ 17.  Legislative Reapportionment Commission.

16

* * *

17

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

18

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

19

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

20

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

21

selected as hereinafter provided. No later than 60 days

22

following the official reporting of the Federal decennial census

23

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

24

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

25

Speaker of the House of Representatives] Speaker of the General

26

Assembly to the elections officer of the Commonwealth who under

27

law shall have supervision over elections.

28

The [four] two members within 45 days after their

29

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

30

serve as chairman of the commission, and shall immediately

31

certify his name to such elections officer. The chairman shall

32

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

33

Federal official holding an office to which compensation is

34

attached.

35

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

36

member within the time prescribed, a majority of the entire

37

membership of the Supreme Court within 30 days thereafter shall

38

appoint the chairman as aforesaid and certify his appointment to

39

such elections officer.

40

Any vacancy in the commission shall be filled within 15 days

41

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

42

* * *

43

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

44

§ 1.  Passage of laws.

45

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

46

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

47

General Assembly, as to change its original purpose.

48

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

49

§ 4.  Consideration of bills.

50

Every bill shall be considered on three different days [in

51

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

- 4 -

 


1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

Assembly is recorded thereon as voting in its favor.

11

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

12

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

13

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

14

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

15

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

16

voting for and against recorded upon the journal thereof; and

17

reports of committees of conference shall be adopted in either

18

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

19

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

20

recorded upon the journals.]

21

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

22

§ 8.  Signing of bills.

23

The presiding officer of [each House] the General Assembly 

24

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

25

General Assembly, sign all bills and joint resolutions passed by

26

the General Assembly, after their titles have been publicly read

27

immediately before signing; and the fact of signing shall be

28

entered on the journal.

29

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

30

§ 9.  Action on concurrent orders and resolutions.

31

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

32

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

33

adjournment, shall be presented to the Governor and before it

34

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

35

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

36

Assembly according to the rules and limitations prescribed in

37

case of a bill.

38

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

39

[§ 10.  Revenue bills.

40

All bills for raising revenue shall originate in the House of

41

Representatives, but the Senate may propose amendments as in

42

other bills.]

43

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

44

§ 13.  Vote denied members with personal interest.

45

A member who has a personal or private interest in any

46

measure or bill proposed or pending before the General Assembly

47

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

48

General Assembly, and shall not vote thereon.

49

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

50

§ 17.  Appointment of legislative officers and employees.

51

The General Assembly shall prescribe by law the number,

- 5 -

 


1

duties and compensation of the officers and employees [of each

2

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

3

be in any way authorized, to any person, except to an acting

4

officer or employee elected or appointed in pursuance of law.

5

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

6

§ 30.  Charitable and educational appropriations.

7

No appropriation shall be made to any charitable or

8

educational institution not under the absolute control of the

9

Commonwealth, other than normal schools established by law for

10

the professional training of teachers for the public schools of

11

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

12

elected to [each House] the General Assembly.

13

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

14

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

15

The supreme executive power shall be vested in the Governor,

16

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

17

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

18

qualified electors of the Commonwealth, at the places where they

19

shall vote for Representatives. The returns of every election

20

for Governor shall be sealed up and transmitted to the seat of

21

government, directed to the [President of the Senate] Speaker of

22

the General Assembly, who shall open and publish them in the

23

presence of the members [of both Houses] of the General

24

Assembly. The person having the highest number of votes shall be

25

Governor, but if two or more be equal and highest in votes, one

26

of them shall be chosen Governor by the [joint] vote of the

27

members of [both Houses] the General Assembly. Contested

28

elections shall be determined by a committee, to be selected

29

from [both Houses of] the General Assembly, and formed and

30

regulated in such manner as shall be directed by law.

31

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

32

§ 4.  Lieutenant Governor.

33

A Lieutenant Governor shall be chosen jointly with the

34

Governor by the casting by each voter of a single vote

35

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

36

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

37

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

38

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

39

the adoption of a conference report or the concurrence in

40

amendments made by the House of Representatives].

41

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

42

§ 8.  Appointing power.

43

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

44

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

45

The appointment of the Secretary of Education and of such other

46

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

47

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

48

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

49

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

50

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

51

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

- 6 -

 


1

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

2

shall act on each executive nomination within 25 legislative

3

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

4

voted upon a nomination within 15 legislative days following

5

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

6

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

7

[Senate] General Assembly to place the nomination before the

8

entire [Senate] General Assembly body whereby the nomination

9

must be voted upon prior to the expiration of five legislative

10

days or 25 legislative days following submission by the

11

Governor, whichever occurs first. If the nomination is made

12

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

13

General Assembly shall act upon it within 25 legislative days

14

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

15

Assembly for any reason fails to act upon a nomination submitted

16

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

17

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

18

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

19

manner fill vacancies in the offices of Lieutenant Governor, 

20

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

21

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

22

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

23

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

24

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

25

calendar months immediately preceding the election day in which

26

case the election shall be held on the second succeeding

27

election day appropriate to the office.

28

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

29

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

30

yeas and nays and shall be entered on the journal.

31

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

32

§ 9.  Pardoning power; Board of Pardons.

33

(a)  In all criminal cases except impeachment the Governor

34

shall have power to remit fines and forfeitures, to grant

35

reprieves, commutation of sentences and pardons; but no pardon

36

shall be granted, nor sentence commuted, except on the

37

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

38

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

39

the unanimous recommendation in writing of the Board of Pardons,

40

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

41

recommendation, with the reasons therefor at length, shall be

42

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

43

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

44

for that purpose.

45

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

46

Governor who shall be chairman, the Attorney General and three

47

members appointed by the Governor with the consent of a majority

48

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

49

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

50

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

51

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

- 7 -

 


1

psychiatrist or psychologist. The board shall keep records of

2

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

3

inspection.

4

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

5

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

6

He may, on extraordinary occasions, convene the General

7

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

8

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

9

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

10

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

11

extraordinary session by proclamation for the transaction of

12

Executive business.

13

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

14

§ 14.  Vacancy in office of Lieutenant Governor.

15

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

16

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

17

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

18

President pro tempore of the Senate shall become Lieutenant

19

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

20

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

21

Lieutenant Governor. The appointment shall be subject to the

22

consent of a majority of the members elected to the General

23

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

24

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

25

Lieutenant Governor, the powers, duties and emoluments of the

26

office shall devolve upon the [President pro tempore of the

27

Senate] Speaker of the General Assembly until the disability is

28

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

29

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

30

become Governor if a vacancy shall occur in the office of

31

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

32

powers, duties and emoluments of the office shall devolve upon

33

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

34

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

35

member of the General Assembly shall become vacant whenever he

36

shall become Governor and shall be filled by election as any

37

other vacancy in the [Senate] General Assembly.

38

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

39

§ 15.  Approval of bills; vetoes.

40

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

41

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

42

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

43

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

44

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

45

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

46

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

47

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

48

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

49

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

50

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

51

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

- 8 -

 


1

Houses] the General Assembly shall be determined by yeas and

2

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

3

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

4

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

5

Governor within ten days after it shall have been presented to

6

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

7

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

8

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

9

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

10

Secretary of the Commonwealth, and give notice thereof by public

11

proclamation within 30 days after such adjournment.

12

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

13

read:

14

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

15

vacancies.

16

* * *

17

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

18

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

19

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

20

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

21

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

22

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

23

on the first Monday of January following the next municipal

24

election more than ten months after the vacancy occurs or for

25

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

26

the case of persons selected as additional judges to the

27

Superior Court, where the General Assembly may stagger and fix

28

the length of the initial terms of such additional judges by

29

reference to any of the first, second and third municipal

30

elections more than ten months after the additional judges are

31

selected. The manner by which any additional judges are selected

32

shall be provided by this section for the filling of vacancies

33

in judicial offices.

34

* * *

35

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

36

Commonwealth may elect to have the justices and judges of the

37

Supreme, Superior, Commonwealth and all other statewide courts

38

appointed by the Governor from a list of persons qualified for

39

the offices submitted to him by the Judicial Qualifications

40

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

41

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

42

vacancy occurs thereafter for any reason in such court, the

43

Governor shall fill the vacancy by appointment in the manner

44

prescribed in this subsection. Such appointment shall not

45

require the consent of the [Senate] General Assembly.

46

* * *

47

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

48

§ 3.  Oath of office.

49

[Senators, Representatives] Members of the General Assembly

50

and all judicial, State and county officers shall, before

51

entering on the duties of their respective offices, take and

- 9 -

 


1

subscribe the following oath or affirmation before a person

2

authorized to administer oaths.

3

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

4

and defend the Constitution of the United States and the

5

Constitution of this Commonwealth and that I will discharge the

6

duties of my office with fidelity."

7

[The oath or affirmation shall be administered to a member of

8

the Senate or to a member of the House of Representatives in the

9

hall of the House to which he shall have been elected.]

10

Any person refusing to take the oath or affirmation shall

11

forfeit his office.

12

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

13

§ 4.  Power of impeachment.

14

[The House of Representatives shall have the sole power of

15

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

16

impeachment. A majority of the members elected to the General

17

Assembly must concur in the impeachment. Proceeding for

18

impeachment may be initiated in either a regular session or a

19

special session of the General Assembly.

20

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

21

§ 5.  Trial of impeachments.

22

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

23

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

24

No person shall be convicted without the concurrence of two-

25

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

26

resolution of impeachment, which resolution shall give

27

reasonable notice of the acts or omissions alleged to constitute

28

impeachable offenses but need not conform to any particular

29

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

30

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

31

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

32

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

33

Capitol in an expeditious fashion after such notice to try the

34

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

35

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

36

the General Assembly, upon the President Judge of the Superior

37

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

38

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

39

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

40

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

41

case against the impeached civil officer shall be brought in the

42

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

43

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

44

may make technical or procedural amendments to the articles of

45

impeachment as they deem necessary. The trial shall be conducted

46

in the manner of a civil proceeding and the impeached civil

47

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

48

incrimination, except as otherwise applicable in a general civil

49

case. No person shall be convicted without the concurrence of

50

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

51

and convincing evidence exists indicating that such person is

- 10 -

 


1

guilty of one or more impeachable offenses. No officer shall

2

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

3

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

4

been acquitted.

5

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

6

§ 7.  Removal of civil officers.

7

All civil officers shall hold their offices on the condition

8

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

9

removed on conviction of misbehavior in office or of any

10

infamous crime. Appointed civil officers, other than judges of

11

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

12

power by which they shall have been appointed. All civil

13

officers elected by the people, except the Governor, the

14

Lieutenant Governor, members of the General Assembly and judges

15

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

16

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

17

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

18

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

19

§ 2.  General election day.

20

The general election shall be held biennially on the Tuesday

21

next following the first Monday of November in each even-

22

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

23

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

24

consenting thereto: Provided, That such election shall always be

25

held in an even-numbered year.

26

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

27

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

28

days.

29

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

30

be elected at either a general or municipal election, as

31

circumstances may require. All elections for judges of the

32

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

33

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

34

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

35

the Tuesday next following the first Monday of November in each

36

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

37

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

38

consenting thereto: Provided, That such elections shall be held

39

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

40

the courts of the several judicial districts holding office at

41

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

42

numbered year, shall continue to hold their offices until the

43

first Monday of January in the next succeeding even-numbered

44

year.

45

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

46

§ 17.  Special emergency legislation.

47

* * *

48

(b)  Notwithstanding the provisions of Article III, section

49

29 subsequent to a Presidential declaration of an emergency or

50

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

51

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

- 11 -

 


1

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

2

appropriations limited to moneys required for Federal emergency

3

or major disaster relief. This subsection may apply

4

retroactively to any Presidential declaration of an emergency or

5

of a major disaster in 1976 or 1977.

6

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

7

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

8

adoption.

9

Amendments to this Constitution may be proposed in the

10

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

11

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

12

[to each House], such proposed amendment or amendments shall be

13

entered on their journals with the yeas and nays taken thereon,

14

and the Secretary of the Commonwealth shall cause the same to be

15

published three months before the next general election, in at

16

least two newspapers in every county in which such newspapers

17

shall be published; and if, in the General Assembly next

18

afterwards chosen, such proposed amendment or amendments shall

19

be agreed to by a majority of the members elected [to each

20

House], the Secretary of the Commonwealth shall cause the same

21

again to be published in the manner aforesaid; and such proposed

22

amendment or amendments shall be submitted to the qualified

23

electors of the State in such manner, and at such time at least

24

three months after being so agreed to by the [two Houses]

25

General Assembly, as the General Assembly shall prescribe; and,

26

if such amendment or amendments shall be approved by a majority

27

of those voting thereon, such amendment or amendments shall

28

become a part of the Constitution; but no amendment or

29

amendments shall be submitted oftener than once in five years.

30

When two or more amendments shall be submitted they shall be

31

voted upon separately.

32

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

33

threaten the Commonwealth and if the safety or welfare of the

34

Commonwealth requires prompt amendment of this Constitution,

35

such amendments to this Constitution may be proposed in the

36

[Senate or House of Representatives] General Assembly at any

37

regular or special session of the General Assembly, and if

38

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

39

House], a proposed amendment shall be entered on the journal of

40

[each House] the General Assembly with the yeas and nays taken

41

thereon and the official in charge of statewide elections shall

42

promptly publish such proposed amendment in at least two

43

newspapers in every county in which such newspapers are

44

published. Such amendment shall then be submitted to the

45

qualified electors of the Commonwealth in such manner, and at

46

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

47

Houses] the General Assembly as the General Assembly prescribes.

48

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

49

the qualified electors voting thereon, it shall become part of

50

this Constitution. When two or more emergency amendments are

51

submitted they shall be voted on separately.

- 12 -

 


1

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

2

Assembly of these proposed constitutional amendments, the

3

Secretary of the Commonwealth shall proceed immediately to

4

comply with the advertising requirements of section 1 of Article

5

XI of the Constitution of Pennsylvania and shall transmit the

6

required advertisements to two newspapers in every county in

7

which such newspapers are published in sufficient time after

8

passage of these proposed constitutional amendments.

9

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

10

proposed constitutional amendments, the Secretary of the

11

Commonwealth shall proceed immediately to comply with the

12

advertising requirements of section 1 of Article XI of the

13

Constitution of Pennsylvania and shall transmit the required

14

advertisements to two newspapers in every county in which such

15

newspapers are published in sufficient time after passage of

16

these proposed constitutional amendments. The Secretary of the

17

Commonwealth shall submit the proposed constitutional amendments

18

under section 1 to the qualified electors of this Commonwealth

19

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

20

municipal election which meets the requirements of and is in

21

conformance with section 1 of Article XI of the Constitution of

22

Pennsylvania and which occurs at least three months after the

23

proposed constitutional amendments are passed by the General

24

Assembly.

  

- 13 -