PRIOR PASSAGE - NONE
                                                      PRINTER'S NO. 1347

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1183 Session of 1991


        INTRODUCED BY MRKONIC AND STEELMAN, APRIL 17, 1991

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 17, 1991

                               A JOINT RESOLUTION

     1  Proposing an amendment to the Constitution of the Commonwealth
     2     of Pennsylvania, providing for a unicameral General Assembly
     3     composed of 151 members.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby resolves as follows:
     6     Section 1.  The following amendments to the Constitution of
     7  Pennsylvania are proposed in accordance with Article XI:
     8     (1)  That sections 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12 and 13
     9  of Article II be amended to read:
    10  § 1.  Legislative power.
    11     The legislative power of this Commonwealth shall be vested in
    12  a General Assembly, which shall consist of [a Senate and a House
    13  of Representatives] 151 members.
    14  § 2.  Election of members; vacancies.
    15     Members of the General Assembly shall be chosen at the
    16  general election [every second year]. Their term of service
    17  shall begin on the first day of December next after their


     1  election. Whenever a vacancy shall occur [in either House], the
     2  presiding officer [thereof] shall issue a writ of election to
     3  fill such vacancy for the remainder of the term.
     4  § 3.  Terms of members.
     5     [Senators] Members shall be elected for the term of four
     6  years [and Representatives for the term of two years], except
     7  that at the first general election after the adoption of this
     8  amendment, members from odd-numbered districts shall be elected
     9  for terms of two years and members from even-numbered districts
    10  shall be elected for terms of four years.
    11  § 4.  Sessions.
    12     The General Assembly shall be a continuing body during the
    13  term for which its [Representatives] members are elected. It
    14  shall meet at 12 o'clock noon on the first Tuesday of January
    15  each year. Special sessions shall be called by the Governor on
    16  petition of a majority of the members [elected to each House] or
    17  may be called by the Governor whenever in his opinion the public
    18  interest requires.
    19  § 5.  Qualifications of members.
    20     [Senators] Members of the General Assembly shall be at least
    21  25 years of age [and Representatives 21 years of age]. They
    22  shall have been citizens and inhabitants of the State four
    23  years, and inhabitants of their respective districts one year
    24  next before their election (unless absent on the public business
    25  of the United States or of this State), and shall reside in
    26  their respective districts during their terms of service.
    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
    19910H1183B1347                  - 2 -

     1  or perquisite is attached. No member of Congress or other person
     2  holding any office (except of attorney-at-law or in the National
     3  Guard or in a reserve component of the armed forces of the
     4  United States) under the United States or this Commonwealth to
     5  which a salary, fee or perquisite is attached shall be a member
     6  of [either House] the General Assembly during his continuance in
     7  office.
     8  § 8.  Compensation.
     9     The members of the General Assembly shall receive such salary
    10  and mileage for regular and special sessions as shall be fixed
    11  by law, and no other compensation whatever, whether for service
    12  upon committee or otherwise. No member of [either House] the
    13  General Assembly shall during the term for which he may have
    14  been elected, receive any increase of salary, or mileage, under
    15  any law passed during such term.
    16  § 9.  Election of officers; judge of election and qualifications
    17         of members.
    18     [The Senate shall, at the beginning and close of each regular
    19  session and at such other times as may be necessary, elect one
    20  of its members President pro tempore, who shall perform the
    21  duties of the Lieutenant Governor, in any case of absence or
    22  disability of that officer, and whenever the said office of
    23  Lieutenant Governor shall be vacant. The House of
    24  Representatives] The General Assembly shall elect one of its
    25  members as Speaker. [Each House] It shall choose its other
    26  officers, and shall judge of the election and qualifications of
    27  its members.
    28  § 10.  Quorum.
    29     A majority of [each House] the General Assembly shall
    30  constitute a quorum, but a smaller number may adjourn from day
    19910H1183B1347                  - 3 -

     1  to day and compel the attendance of absent members.
     2  § 11.  Powers of [each house] the General Assembly;
     3         expulsion.
     4     [Each House] The General Assembly shall have power to
     5  determine the rules of its proceedings and punish its members or
     6  other persons for contempt or disorderly behavior in its
     7  presence, to enforce obedience to its process, to protect its
     8  members against violence or offers of bribes or private
     9  solicitation, and, with the concurrence of two-thirds, to expel
    10  a member, but not a second time for the same cause, and shall
    11  have all other powers necessary for the Legislature of a free
    12  State. A member expelled for corruption shall not thereafter be
    13  eligible to [either House] the General Assembly, and punishment
    14  for contempt or disorderly behavior shall not bar an indictment
    15  for the same offense.
    16  § 12.  Journals; yeas and nays.
    17     [Each House] The General Assembly shall keep a journal of its
    18  proceedings and from time to time publish the same, except such
    19  parts as require secrecy, and the yeas and nays of the members
    20  on any question shall, at the desire of any two of them, be
    21  entered on the journal.
    22  § 13.  Open sessions.
    23     The sessions of [each House] the General Assembly and of
    24  committees of the whole shall be open, unless when the business
    25  is such as ought to be kept secret.
    26     (2)  That section 14 of Article II be repealed.
    27     (3)  That sections 15, 16 and 17(b) of Article II be amended
    28  to read:
    29  § 15.  Privileges of members.
    30     The members of the General Assembly shall in all cases,
    19910H1183B1347                  - 4 -

     1  except treason, felony, violation of their oath of office, and
     2  breach or surety of the peace, be privileged from arrest during
     3  their attendance at the sessions of [their respective Houses]
     4  the General Assembly and in going to and returning from the
     5  same; and for any speech or debate in [either House] the General
     6  Assembly, they shall not be questioned in any other place.
     7  § 16.  Legislative districts.
     8     The Commonwealth shall be divided into [50 senatorial and 203
     9  representative] 151 legislative districts, which shall be
    10  composed of compact and contiguous territory as nearly equal in
    11  population as practicable. [Each senatorial district shall elect
    12  one Senator, and each representative district one
    13  Representative.] Unless absolutely necessary no county, city,
    14  incorporated town, borough, township or ward shall be divided in
    15  forming [either a senatorial or representative] a legislative
    16  district.
    17  § 17.  Legislative Reapportionment Commission.
    18     * * *
    19     (b)  The commission shall consist of [five] three members:
    20  [four] two of whom shall be the majority and minority leaders of
    21  [both the Senate and the House of Representatives] the General
    22  Assembly, or deputies appointed by each of them, and a chairman
    23  selected as hereinafter provided. No later than 60 days
    24  following the official reporting of the Federal decennial census
    25  as required by Federal law, the [four] two members shall be
    26  certified by the [President pro tempore of the Senate and the]
    27  Speaker of the [House of Representatives] General Assembly to
    28  the elections officer of the Commonwealth who under law shall
    29  have supervision over elections.
    30     The [four] two members within 45 days after their
    19910H1183B1347                  - 5 -

     1  certification shall select the [fifth] third member, who shall
     2  serve as chairman of the commission, and shall immediately
     3  certify his name to such elections officer. The chairman shall
     4  be a citizen of the Commonwealth other than a local, State or
     5  Federal official holding an office to which compensation is
     6  attached.
     7     If the [four] two members fail to select the [fifth] third
     8  member within the time prescribed, a majority of the entire
     9  membership of the Supreme Court within 30 days thereafter shall
    10  appoint the chairman as aforesaid and certify his appointment to
    11  such elections officer.
    12     Any vacancy in the commission shall be filled within 15 days
    13  in the same manner in which such position was originally filled.
    14     * * *











    B15L83JLW/19910H1183B1347        - 6 -