H1234B1901A03520 DMS:CDM 09/24/13 #90 A03520

 

 

 

 

AMENDMENTS TO HOUSE BILL NO. 1234

Sponsor: REPRESENTATIVE GIBBONS

Printer's No. 1901

 

1Amend Bill, page 1, lines 1 and 2, by striking out all of
2said lines and inserting

3Proposing integrated amendments to the Constitution of the
4Commonwealth of Pennsylvania, providing for a unicameral
5General Assembly.

6Amend Bill, page 1, lines 5 through 13; page 2, lines 1
7through 30; page 3, line 1, by striking out all of said lines on
8said pages and inserting

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

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

13§ 1. Legislative power.

14The legislative power of this Commonwealth shall be vested in
15a General Assembly[, which shall consist of a Senate and a House
16of Representatives].

17(2) That section 2 of Article II be amended to read:

18§ 2. Election of members; vacancies.

19Members of the General Assembly shall be chosen at the
20general election every second year. Their term of service shall
21begin on the first day of December next after their election.
22Whenever a vacancy shall occur [in either House], the presiding
23officer [thereof] shall issue a writ of election to fill such
24vacancy for the remainder of the term.

25(3) That section 3 of Article II be amended to read:

26§ 3. Terms of members.

27[Senators] (a) Except as provided in subsection (b), members
28shall be elected for the term of four years [and Representatives
29for the term of two years].

30(b) At the first general election after the adoption of the
31amendment adding this subsection, members from odd-numbered
32districts shall be elected for a term of two years, and members
33from even-numbered districts shall be elected for a term of four
34years.

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

1§ 4. Sessions.

2The General Assembly shall be a continuing body during the
3term for which its [Representatives] members are elected. It
4shall meet at 12 o'clock noon on the first Tuesday of January
5each year. Special sessions shall be called by the Governor on
6petition of a majority of the members [elected to each House] or
7may be called by the Governor whenever in his opinion the public
8interest requires.

9(5) That section 5 of Article II be amended to read:

10§ 5. Qualifications of members.

11[Senators] Members of the General Assembly shall be at least
1225 years of age [and Representatives 21 years of age]. They
13shall have been citizens and inhabitants of the State four
14years, and inhabitants of their respective districts one year
15next before their election (unless absent on the public business
16of the United States or of this State), and shall reside in
17their respective districts during their terms of service.

18(6) That section 6 of Article II be amended to read:

19§ 6. Disqualification to hold other office.

20No [Senator or Representative] member of the General Assembly
21shall, during the time for which he was elected, be appointed to
22any civil office under this Commonwealth to which a salary, fee
23or perquisite is attached. No member of Congress or other person
24holding any office (except of attorney-at-law or in the National
25Guard or in a reserve component of the armed forces of the
26United States) under the United States or this Commonwealth to
27which a salary, fee or perquisite is attached shall be a member
28of [either House] the General Assembly during his continuance in
29office.

30(7) That section 8 of Article II be amended to read:

31§ 8. Compensation.

32The members of the General Assembly shall receive such salary
33and mileage for regular and special sessions as shall be fixed
34by law, and no other compensation whatever, whether for service
35upon committee or otherwise. No member of [either House] the 
36General Assembly shall during the term for which he may have
37been elected, receive any increase of salary, or mileage, under
38any law passed during such term.

39(8) That section 9 of Article II be amended to read:

40§ 9. Election of officers; judge of election and qualifications
41of members.

42[The Senate shall, at the beginning and close of each regular
43session and at such other times as may be necessary, elect one
44of its members President pro tempore, who shall perform the
45duties of the Lieutenant Governor, in any case of absence or
46disability of that officer, and whenever the said office of
47Lieutenant Governor shall be vacant. The House of
48Representatives] The General Assembly shall elect one of its
49members as Speaker. [Each House] It shall choose its other
50officers, and shall judge of the election and qualifications of
51its members.

1(9) That section 10 of Article II be amended to read:

2§ 10. Quorum.

3A majority of [each House] the General Assembly shall
4constitute a quorum, but a smaller number may adjourn from day
5to day and compel the attendance of absent members.

6(10) That section 11 of Article II be amended to read:

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

8[Each House] The General Assembly shall have power to
9determine the rules of its proceedings and punish its members or
10other persons for contempt or disorderly behavior in its
11presence, to enforce obedience to its process, to protect its
12members against violence or offers of bribes or private
13solicitation, and, with the concurrence of two-thirds, to expel
14a member, but not a second time for the same cause, and shall
15have all other powers necessary for the Legislature of a free
16State. A member expelled for corruption shall not thereafter be
17eligible to [either House] the General Assembly, and punishment
18for contempt or disorderly behavior shall not bar an indictment
19for the same offense.

20(11) That section 12 of Article II be amended to read:

21§ 12. Journals; yeas and nays.

22[Each House] The General Assembly shall keep a journal of its
23proceedings and from time to time publish the same, except such
24parts as require secrecy, and the yeas and nays of the members
25on any question shall, at the desire of any two of them, be
26entered on the journal.

27(12) That section 13 of Article II be amended to read:

28§ 13. Open sessions.

29The sessions of [each House] the General Assembly and of
30committees of the whole shall be open, unless when the business
31is such as ought to be kept secret.

32(13) That section 14 of Article II be repealed:

33[§ 14. Adjournments.

34Neither House shall, without the consent of the other,
35adjourn for more than three days, nor to any other place than
36that in which the two Houses shall be sitting.]

37(14) That section 15 of Article II be amended to read:

38§ 15. Privileges of members.

39The members of the General Assembly shall in all cases,
40except treason, felony, violation of their oath of office, and
41breach or surety of the peace, be privileged from arrest during
42their attendance at the sessions of [their respective Houses]
43the General Assembly and in going to and returning from the
44same; and for any speech or debate in [either House] the General 
45Assembly, they shall not be questioned in any other place.

46(15) That section 16 of Article II be amended to read:

47§ 16. Legislative districts.

48The Commonwealth shall be divided into [50 senatorial and 203
49representative] 201 legislative districts, which shall be
50composed of compact and contiguous territory as nearly equal in
51population as practicable. Each [senatorial] legislative

1district shall elect one [Senator, and each representative
2district one Representative] member of the General Assembly.
3Unless absolutely necessary no county, city, incorporated town,
4borough, township or ward shall be divided in forming [either a
5senatorial or representative] a legislative district.

6(16) That section 17(b) of Article II be amended to read:

7§ 17. Legislative Reapportionment Commission.

8* * *

9(b) The commission shall consist of [five] three members:
10[four] two of whom shall be the majority and minority leaders of
11[both the Senate and the House of Representatives] the General 
12Assembly, or deputies appointed by each of them, and a chairman
13selected as hereinafter provided. No later than 60 days
14following the official reporting of the Federal decennial census
15as required by Federal law, the [four] two members shall be
16certified by the [President pro tempore of the Senate and the
17Speaker of the House of Representatives] Speaker of the General 
18Assembly to the elections officer of the Commonwealth who under
19law shall have supervision over elections.

20The [four] two members within 45 days after their
21certification shall select the [fifth] third member, who shall
22serve as chairman of the commission, and shall immediately
23certify his name to such elections officer. The chairman shall
24be a citizen of the Commonwealth other than a local, State or
25Federal official holding an office to which compensation is
26attached.

27If the [four] two members fail to select the [fifth] third
28member within the time prescribed, a majority of the entire
29membership of the Supreme Court within 30 days thereafter shall
30appoint the chairman as aforesaid and certify his appointment to
31such elections officer.

32Any vacancy in the commission shall be filled within 15 days
33in the same manner in which such position was originally filled.

34* * *

35(17) That section 1 of Article III be amended to read:

36§ 1. Passage of laws.

37No law shall be passed except by bill, and no bill shall be
38so altered or amended, on its passage through [either House] the 
39General Assembly, as to change its original purpose.

40(18) That section 4 of Article III be amended to read:

41§ 4. Consideration of bills.

42Every bill shall be considered on three different days [in
43each House]. All amendments made thereto shall be printed for
44the use of the members before the final vote is taken on the
45bill and before the final vote is taken, upon written request
46addressed to the presiding officer of [either House] the General 
47Assembly by at least 25% of the members elected to [that House]
48the General Assembly, any bill shall be read at length [in that
49House]. No bill shall become a law, unless on its final passage
50the vote is taken by yeas and nays, the names of the persons
51voting for and against it are entered on the journal, and a

1majority of the members elected to [each House] the General 
2Assembly is recorded thereon as voting in its favor.

3(19) That section 5 of Article III be repealed:

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

5No amendment to bills by one House shall be concurred in by
6the other, except by the vote of a majority of the members
7elected thereto, taken by yeas and nays, and the names of those
8voting for and against recorded upon the journal thereof; and
9reports of committees of conference shall be adopted in either
10House only by the vote of a majority of the members elected
11thereto, taken by yeas and nays, and the names of those voting
12recorded upon the journals.]

13(20) That section 8 of Article III be amended to read:

14§ 8. Signing of bills.

15The presiding officer of [each House] the General Assembly
16shall, in the presence of the [House over which he presides]
17General Assembly, sign all bills and joint resolutions passed by
18the General Assembly, after their titles have been publicly read
19immediately before signing; and the fact of signing shall be
20entered on the journal.

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

22§ 9. Action on concurrent orders and resolutions.

23Every order, resolution or vote, [to which the concurrence of
24both Houses may be necessary,] except on the question of
25adjournment, shall be presented to the Governor and before it
26shall take effect be approved by him, or being disapproved,
27shall be repassed by two-thirds of [both Houses] the General 
28Assembly according to the rules and limitations prescribed in
29case of a bill.

30(22) That section 10 of Article III be repealed:

31[§ 10. Revenue bills.

32All bills for raising revenue shall originate in the House of
33Representatives, but the Senate may propose amendments as in
34other bills.]

35(23) That section 13 of Article III be amended to read:

36§ 13. Vote denied members with personal interest.

37A member who has a personal or private interest in any
38measure or bill proposed or pending before the General Assembly
39shall disclose the fact to the [House of which he is a member]
40General Assembly, and shall not vote thereon.

41(24) That section 17 of Article III be amended to read:

42§ 17. Appointment of legislative officers and employees.

43The General Assembly shall prescribe by law the number,
44duties and compensation of the officers and employees [of each
45House], and no payment shall be made from the State Treasury, or
46be in any way authorized, to any person, except to an acting
47officer or employee elected or appointed in pursuance of law.

48(25) That section 30 of Article III be amended to read:

49§ 30. Charitable and educational appropriations.

50No appropriation shall be made to any charitable or
51educational institution not under the absolute control of the

1Commonwealth, other than normal schools established by law for
2the professional training of teachers for the public schools of
3the State, except by a vote of two-thirds of all the members
4elected to [each House] the General Assembly.

5(26) That section 2 of Article IV be amended to read:

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

7The supreme executive power shall be vested in the Governor,
8who shall take care that the laws be faithfully executed; he
9shall be chosen on the day of the general election, by the
10qualified electors of the Commonwealth, at the places where they
11shall vote for Representatives. The returns of every election
12for Governor shall be sealed up and transmitted to the seat of
13government, directed to the [President of the Senate] Speaker of 
14the General Assembly, who shall open and publish them in the
15presence of the members [of both Houses] of the General
16Assembly. The person having the highest number of votes shall be
17Governor, but if two or more be equal and highest in votes, one
18of them shall be chosen Governor by the [joint] vote of the
19members of [both Houses] the General Assembly. Contested
20elections shall be determined by a committee, to be selected
21from [both Houses of] the General Assembly, and formed and
22regulated in such manner as shall be directed by law.

23(27) That section 4 of Article IV be amended to read:

24§ 4. Lieutenant Governor.

25A Lieutenant Governor shall be chosen jointly with the
26Governor by the casting by each voter of a single vote
27applicable to both offices, for the same term, and subject to
28the same provisions as the Governor[; he shall be President of
29the Senate. As such, he may vote in case of a tie on any
30question except the final passage of a bill or joint resolution,
31the adoption of a conference report or the concurrence in
32amendments made by the House of Representatives].

33(28) That section 8 of Article IV be amended to read:

34§ 8. Appointing power.

35(a) The Governor shall appoint a Secretary of Education and
36such other officers as he shall be authorized by law to appoint.
37The appointment of the Secretary of Education and of such other
38officers as may be specified by law, shall be subject to the
39consent of two-thirds or a majority of the members elected to
40the [Senate] General Assembly as is specified by law.

41(b) The Governor shall fill vacancies in offices to which he
42appoints by nominating to the [Senate] General Assembly a proper
43person to fill the vacancy within 90 days of the first day of
44the vacancy and not thereafter. The [Senate] General Assembly
45shall act on each executive nomination within 25 legislative
46days of its submission. If the [Senate] General Assembly has not
47voted upon a nomination within 15 legislative days following
48such submission, any [five] 25 members of the [Senate] General 
49Assembly may, in writing, request the presiding officer of the
50[Senate] General Assembly to place the nomination before the
51entire [Senate] General Assembly body whereby the nomination

1must be voted upon prior to the expiration of five legislative
2days or 25 legislative days following submission by the
3Governor, whichever occurs first. If the nomination is made
4during a recess or after adjournment sine die, the [Senate]
5General Assembly shall act upon it within 25 legislative days
6after its return or reconvening. If the [Senate] General 
7Assembly for any reason fails to act upon a nomination submitted
8to it within the required 25 legislative days, the nominee shall
9take office as if the appointment had been consented to by the
10[Senate] General Assembly. The Governor shall in a similar
11manner fill vacancies in the offices of Lieutenant Governor,
12Auditor General, State Treasurer, justice, judge, justice of the
13peace and in any other elective office he is authorized to fill.
14In the case of a vacancy in an elective office, a person shall
15be elected to the office on the next election day appropriate to
16the office unless the first day of the vacancy is within two
17calendar months immediately preceding the election day in which
18case the election shall be held on the second succeeding
19election day appropriate to the office.

20(c) In acting on executive nominations, the [Senate] General 
21Assembly shall sit with open doors. The votes shall be taken by
22yeas and nays and shall be entered on the journal.

23(29) That section 9 of Article IV be amended to read:

24§ 9. Pardoning power; Board of Pardons.

25(a) In all criminal cases except impeachment the Governor
26shall have power to remit fines and forfeitures, to grant
27reprieves, commutation of sentences and pardons; but no pardon
28shall be granted, nor sentence commuted, except on the
29recommendation in writing of a majority of the Board of Pardons,
30and, in the case of a sentence of death or life imprisonment, on
31the unanimous recommendation in writing of the Board of Pardons,
32after full hearing in open session, upon due public notice. The
33recommendation, with the reasons therefor at length, shall be
34delivered to the Governor and a copy thereof shall be kept on
35file in the office of the Lieutenant Governor in a docket kept
36for that purpose.

37(b) The Board of Pardons shall consist of the Lieutenant
38Governor who shall be chairman, the Attorney General and three
39members appointed by the Governor with the consent of a majority
40of the members elected to the [Senate] General Assembly for
41terms of six years. The three members appointed by the Governor
42shall be residents of Pennsylvania. One shall be a crime victim, 
43one a corrections expert and the third a doctor of medicine,
44psychiatrist or psychologist. The board shall keep records of
45its actions, which shall at all times be open for public
46inspection.

47(30) That section 12 of Article IV be amended to read:

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

49He may, on extraordinary occasions, convene the General
50Assembly[, and in case of disagreement between the two Houses,
51with respect to the time of adjournment, adjourn them to such

1time as he shall think proper, not exceeding four months]. He
2shall have power to convene the [Senate] General Assembly in
3extraordinary session by proclamation for the transaction of
4Executive business.

5(31) That section 14 of Article IV be amended to read:

6§ 14. Vacancy in office of Lieutenant Governor.

7In case of the death, conviction on impeachment, failure to
8qualify or resignation of the Lieutenant Governor[, or in case
9he should become Governor under section 13 of this article, the
10President pro tempore of the Senate shall become Lieutenant
11Governor for the remainder of the term] , the Governor shall 
12appoint, in accordance with section 8 of this article, a 
13Lieutenant Governor. The appointment shall be subject to the 
14consent of a majority of the members elected to the General 
15Assembly. The appointee, upon approval, shall serve for the 
16remainder of the term. In case of the disability of the
17Lieutenant Governor, the powers, duties and emoluments of the
18office shall devolve upon the [President pro tempore of the
19Senate] Speaker of the General Assembly until the disability is
20removed. Should there be no Lieutenant Governor, the [President
21pro tempore of the Senate] Speaker of the General Assembly shall
22become Governor if a vacancy shall occur in the office of
23Governor and in case of the disability of the Governor, the
24powers, duties and emoluments of the office shall devolve upon
25the [President pro tempore of the Senate] Speaker of the General 
26Assembly until the disability is removed. His seat as [Senator]
27member of the General Assembly shall become vacant whenever he
28shall become Governor and shall be filled by election as any
29other vacancy in the [Senate] General Assembly.

30(32) That section 15 of Article IV be amended to read:

31§ 15. Approval of bills; vetoes.

32Every bill which shall have passed [both Houses] the General 
33Assembly shall be presented to the Governor; if he approves he
34shall sign it, but if he shall not approve he shall return it
35with his objections to the [House in which it shall have
36originated] General Assembly, which [House] shall enter the
37objections at large upon their journal, and proceed to re-
38consider it. If after such re-consideration, two-thirds of all
39the members elected to [that House] the General Assembly shall
40agree to pass the bill, [it shall be sent with the objections to
41the other House by which likewise it shall be re-considered, and
42if approved by two-thirds of all the members elected to that
43House] it shall be a law; but in such cases the votes of [both
44Houses] the General Assembly shall be determined by yeas and
45nays, and the names of the members voting for and against the
46bill shall be entered on the [journals of each House,
47respectively] journal. If any bill shall not be returned by the
48Governor within ten days after it shall have been presented to
49him, the same shall be a law in like manner as if he had signed
50it, unless the General Assembly, by their adjournment, prevent
51its return, in which case it shall be a law, unless he shall

1file the same, with his objections, in the office of the
2Secretary of the Commonwealth, and give notice thereof by public
3proclamation within 30 days after such adjournment.

4(33) That section 13(b) and (d) of Article V be amended to
5read:

6§ 13. Election of justices, judges and justices of the peace;
7vacancies.

8* * *

9(b) A vacancy in the office of justice, judge or justice of
10the peace shall be filled by appointment by the Governor. The
11appointment shall be with the advice and consent of two-thirds
12of the members elected to the [Senate] General Assembly, except
13in the case of justices of the peace which shall be by a
14majority. The person so appointed shall serve for a term ending
15on the first Monday of January following the next municipal
16election more than ten months after the vacancy occurs or for
17the remainder of the unexpired term whichever is less, except in
18the case of persons selected as additional judges to the
19Superior Court, where the General Assembly may stagger and fix
20the length of the initial terms of such additional judges by
21reference to any of the first, second and third municipal
22elections more than ten months after the additional judges are
23selected. The manner by which any additional judges are selected
24shall be provided by this section for the filling of vacancies
25in judicial offices.

26* * *

27(d) At the primary election in 1969, the electors of the
28Commonwealth may elect to have the justices and judges of the
29Supreme, Superior, Commonwealth and all other statewide courts
30appointed by the Governor from a list of persons qualified for
31the offices submitted to him by the Judicial Qualifications
32Commission. If a majority vote of those voting on the question
33is in favor of this method of appointment, then whenever any
34vacancy occurs thereafter for any reason in such court, the
35Governor shall fill the vacancy by appointment in the manner
36prescribed in this subsection. Such appointment shall not
37require the consent of the [Senate] General Assembly.

38* * *

39(34) That section 3 of Article VI be amended to read:

40§ 3. Oath of office.

41[Senators, Representatives] Members of the General Assembly 
42and all judicial, State and county officers shall, before
43entering on the duties of their respective offices, take and
44subscribe the following oath or affirmation before a person
45authorized to administer oaths.

46"I do solemnly swear (or affirm) that I will support, obey
47and defend the Constitution of the United States and the
48Constitution of this Commonwealth and that I will discharge the
49duties of my office with fidelity."

50[The oath or affirmation shall be administered to a member of
51the Senate or to a member of the House of Representatives in the

1hall of the House to which he shall have been elected.]

2Any person refusing to take the oath or affirmation shall
3forfeit his office.

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

5§ 4. Power of impeachment.

6[The House of Representatives shall have the sole power of
7impeachment.] The General Assembly shall have the sole power of 
8impeachment. A majority of the members elected to the General 
9Assembly must concur in the impeachment. Proceeding for 
10impeachment may be initiated in either a regular session or a 
11special session of the General Assembly.

12(36) That section 5 of Article VI be amended to read:

13§ 5. Trial of impeachments.

14[All impeachments shall be tried by the Senate. When sitting
15for that purpose the Senators shall be upon oath or affirmation.
16No person shall be convicted without the concurrence of two-
17thirds of the members present.] Upon the adoption of a 
18resolution of impeachment, which resolution shall give 
19reasonable notice of the acts or omissions alleged to constitute 
20impeachable offenses but need not conform to any particular 
21style, a notice of an impeachment of any officer, other than a 
22justice of the Supreme Court, shall be forthwith served upon the 
23Chief Justice, by the Clerk of the General Assembly, who shall 
24thereupon call a session of the Supreme Court to meet at the 
25Capitol in an expeditious fashion after such notice to try the 
26impeachment. A notice of an impeachment of the Chief Justice or 
27any justice of the Supreme Court shall be served by the Clerk of 
28the General Assembly, upon the President Judge of the Superior 
29Court, and he or she thereupon shall choose, at random, seven 
30judges of the Superior Court to meet within 30 days at the 
31Capitol, to sit as a court to try such impeachment, which court 
32shall organize by electing one of its number to preside. The 
33case against the impeached civil officer shall be brought in the 
34name of the General Assembly and shall be managed by two members 
35of the General Assembly, appointed by the General Assembly, who 
36may make technical or procedural amendments to the articles of 
37impeachment as they deem necessary. The trial shall be conducted 
38in the manner of a civil proceeding and the impeached civil 
39officer shall not be allowed to invoke a privilege against self-
40incrimination, except as otherwise applicable in a general civil 
41case. No person shall be convicted without the concurrence of 
42two-thirds of the members of the court of impeachment that clear 
43and convincing evidence exists indicating that such person is 
44guilty of one or more impeachable offenses. No officer shall 
45exercise his or her official duties after he or she shall have 
46been impeached and notified thereof, until he or she shall have 
47been acquitted.

48(37) That section 7 of Article VI be amended to read:

49§ 7. Removal of civil officers.

50All civil officers shall hold their offices on the condition
51that they behave themselves well while in office, and shall be

1removed on conviction of misbehavior in office or of any
2infamous crime. Appointed civil officers, other than judges of
3the courts of record, may be removed at the pleasure of the
4power by which they shall have been appointed. All civil
5officers elected by the people, except the Governor, the
6Lieutenant Governor, members of the General Assembly and judges
7of the courts of record, shall be removed by the Governor for
8reasonable cause, after due notice and full hearing, on the
9address of two-thirds of the [Senate] General Assembly.

10(38) That section 2 of Article VII be amended to read:

11§ 2. General election day.

12The general election shall be held biennially on the Tuesday
13next following the first Monday of November in each even-
14numbered year, but the General Assembly may by law fix a
15different day, two-thirds of all the members [of each House]
16consenting thereto: Provided, That such election shall always be
17held in an even-numbered year.

18(39) That section 3 of Article VII be amended to read:

19§ 3. Municipal election day; offices to be filled on election
20days.

21All judges elected by the electors of the State at large may
22be elected at either a general or municipal election, as
23circumstances may require. All elections for judges of the
24courts for the several judicial districts, and for county, city,
25ward, borough, and township officers, for regular terms of
26service, shall be held on the municipal election day; namely,
27the Tuesday next following the first Monday of November in each
28odd-numbered year, but the General Assembly may by law fix a
29different day, two-thirds of all the members [of each House]
30consenting thereto: Provided, That such elections shall be held
31in an odd-numbered year: Provided further, That all judges for
32the courts of the several judicial districts holding office at
33the present time, whose terms of office may end in an odd-
34numbered year, shall continue to hold their offices until the
35first Monday of January in the next succeeding even-numbered
36year. 

37(40) That section 17(b) of Article VIII be amended to read:

38§ 17. Special emergency legislation.

39* * *

40(b) Notwithstanding the provisions of Article III, section
4129 subsequent to a Presidential declaration of an emergency or
42of a major disaster in any part of this Commonwealth, the
43General Assembly shall have the authority by a vote of two-
44thirds of all members [elected to each House] to make
45appropriations limited to moneys required for Federal emergency
46or major disaster relief. This subsection may apply
47retroactively to any Presidential declaration of an emergency or
48of a major disaster in 1976 or 1977.

49(41) That section 1 of Article XI be amended to read:

50§ 1. Proposal of amendments by the General Assembly and their
51adoption.

1Amendments to this Constitution may be proposed in the
2[Senate or House of Representatives] General Assembly; and if
3the same shall be agreed to by a majority of the members elected
4[to each House], such proposed amendment or amendments shall be
5entered on their journals with the yeas and nays taken thereon,
6and the Secretary of the Commonwealth shall cause the same to be
7published three months before the next general election, in at
8least two newspapers in every county in which such newspapers
9shall be published; and if, in the General Assembly next
10afterwards chosen, such proposed amendment or amendments shall
11be agreed to by a majority of the members elected [to each
12House], the Secretary of the Commonwealth shall cause the same
13again to be published in the manner aforesaid; and such proposed
14amendment or amendments shall be submitted to the qualified
15electors of the State in such manner, and at such time at least
16three months after being so agreed to by the [two Houses]
17General Assembly, as the General Assembly shall prescribe; and,
18if such amendment or amendments shall be approved by a majority
19of those voting thereon, such amendment or amendments shall
20become a part of the Constitution; but no amendment or
21amendments shall be submitted oftener than once in five years.
22When two or more amendments shall be submitted they shall be
23voted upon separately.

24(a) In the event a major emergency threatens or is about to
25threaten the Commonwealth and if the safety or welfare of the
26Commonwealth requires prompt amendment of this Constitution,
27such amendments to this Constitution may be proposed in the
28[Senate or House of Representatives] General Assembly at any
29regular or special session of the General Assembly, and if
30agreed to by at least two-thirds of the members elected [to each
31House], a proposed amendment shall be entered on the journal of
32[each House] the General Assembly with the yeas and nays taken
33thereon and the official in charge of statewide elections shall
34promptly publish such proposed amendment in at least two
35newspapers in every county in which such newspapers are
36published. Such amendment shall then be submitted to the
37qualified electors of the Commonwealth in such manner, and at
38such time, at least one month after being agreed to by [both
39Houses] the General Assembly as the General Assembly prescribes.

40(b) If an emergency amendment is approved by a majority of
41the qualified electors voting thereon, it shall become part of
42this Constitution. When two or more emergency amendments are
43submitted they shall be voted on separately.

44Section 2. (a) Upon the first passage by the General
45Assembly of these proposed constitutional amendments, the
46Secretary of the Commonwealth shall proceed immediately to
47comply with the advertising requirements of section 1 of Article
48XI of the Constitution of Pennsylvania and shall transmit the
49required advertisements to two newspapers in every county in
50which such newspapers are published in sufficient time after
51passage of these proposed constitutional amendments.

1(b) Upon the second passage by the General Assembly of these
2proposed constitutional amendments, the Secretary of the
3Commonwealth shall proceed immediately to comply with the
4advertising requirements of section 1 of Article XI of the
5Constitution of Pennsylvania and shall transmit the required
6advertisements to two newspapers in every county in which such
7newspapers are published in sufficient time after passage of
8these proposed constitutional amendments. The Secretary of the
9Commonwealth shall submit the proposed constitutional amendments
10under section 1 to the qualified electors of this Commonwealth
11as a single ballot question at the first primary, general or
12municipal election which meets the requirements of and is in
13conformance with section 1 of Article XI of the Constitution of
14Pennsylvania and which occurs at least three months after the
15proposed constitutional amendments are passed by the General
16Assembly.

 

See A03520 in
the context
of HB1234