THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY WALKO, FRANKEL, BRENNAN, CREIGHTON, DONATUCCI, EVERETT, FLECK, GABLER, GEORGE, GRUCELA, HARHAI, HENNESSEY, KILLION, MAHER, MAHONEY, MURT, PARKER, PYLE, READSHAW, SIPTROTH, STEVENSON, SWANGER, J. TAYLOR, VULAKOVICH, GIBBONS AND HORNAMAN, APRIL 3, 2009

REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 3, 2009  

A JOINT RESOLUTION

Proposing an amendment to the Constitution of the Commonwealth

of Pennsylvania, authorizing legislation to allow persons in

the National Guard or in a reserve component of the armed

forces of the United States, whether activated or not, to

hold public office concurrently with their service.

The General Assembly of the Commonwealth of Pennsylvania

hereby resolves as follows:

Section 1.  The following amendment to the Constitution of

Pennsylvania is proposed in accordance with Article XI:

That section 2 of Article VI be amended to read:

§ 2.  Incompatible offices.

No member of Congress from this State, nor any person holding

or exercising any office or appointment of trust or profit

(except in the National Guard or in a reserve component of the

armed forces of the United States, whether activated or not) 

under the United States, shall at the same time hold or exercise

any office in this State to which a salary, fees or perquisites

shall be attached. The General Assembly may by law declare what

offices are incompatible.

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

Assembly of this proposed constitutional amendment, the

Secretary of the Commonwealth shall proceed immediately to

comply with the advertising requirements of section 1 of Article

XI of the Constitution of Pennsylvania and shall transmit the

required advertisements to two newspapers in every county in

which such newspapers are published in sufficient time after

passage of this proposed constitutional amendment.

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

proposed constitutional amendment, the Secretary of the

Commonwealth shall proceed immediately to comply with the

advertising requirements of section 1 of Article XI of the

Constitution of Pennsylvania and shall transmit the required

advertisements to two newspapers in every county in which such

newspapers are published in sufficient time after passage of

this proposed constitutional amendment. The Secretary of the

Commonwealth shall submit this proposed constitutional amendment

to the qualified electors of this Commonwealth at the first

primary, general or municipal election which meets the

requirements of and is in conformance with section 1 of Article

XI of the Constitution of Pennsylvania and which occurs at least

three months after the proposed constitutional amendment is

passed by the General Assembly.