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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY GIBBONS, CUTLER, EVERETT, GROVE, HORNAMAN, HUTCHINSON, KIRKLAND, MURT, M. O'BRIEN, READSHAW, STURLA AND VULAKOVICH, MARCH 3, 2011 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 3, 2011 |
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| A JOINT RESOLUTION |
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1 | Proposing integrated amendments to the Constitution of the |
2 | Commonwealth of Pennsylvania, providing for a unicameral |
3 | General Assembly. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby resolves as follows: |
6 | Section 1. The following integrated amendments to the |
7 | Constitution of Pennsylvania are proposed in accordance with |
8 | Article XI: |
9 | (1) That section 1 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]. |
14 | (2) That section 2 of Article II be amended to read: |
15 | § 2. Election of members; vacancies. |
16 | Members of the General Assembly shall be chosen at the |
17 | general election every second year. Their term of service shall |
18 | begin on the first day of December next after their election. |
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1 | Whenever a vacancy shall occur [in either House], the presiding |
2 | officer [thereof] shall issue a writ of election to fill such |
3 | vacancy for the remainder of the term. |
4 | (3) That section 3 of Article II be amended to read: |
5 | § 3. Terms of members. |
6 | [Senators] (a) Except as provided in subsection (b), members |
7 | shall be elected for the term of four years [and Representatives |
8 | for the term of two years]. |
9 | (b) At the first general election after the adoption of the |
10 | amendment adding this subsection, members from odd-numbered |
11 | districts shall be elected for a term of two years, and members |
12 | from even-numbered districts shall be elected for a term of four |
13 | years. |
14 | (4) That section 4 of Article II be amended to read: |
15 | § 4. Sessions. |
16 | The General Assembly shall be a continuing body during the |
17 | term for which its [Representatives] members are elected. It |
18 | shall meet at 12 o'clock noon on the first Tuesday of January |
19 | each year. Special sessions shall be called by the Governor on |
20 | petition of a majority of the members [elected to each House] or |
21 | may be called by the Governor whenever in his opinion the public |
22 | interest requires. |
23 | (5) That section 5 of Article II be amended to read: |
24 | § 5. Qualifications of members. |
25 | [Senators] Members of the General Assembly shall be at least |
26 | 25 years of age [and Representatives 21 years of age]. They |
27 | shall have been citizens and inhabitants of the State four |
28 | years, and inhabitants of their respective districts one year |
29 | next before their election (unless absent on the public business |
30 | of the United States or of this State), and shall reside in |
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1 | their respective districts during their terms of service. |
2 | (6) That section 6 of Article II be amended to read: |
3 | § 6. Disqualification to hold other office. |
4 | No [Senator or Representative] member of the General Assembly |
5 | shall, during the time for which he was elected, be appointed to |
6 | any civil office under this Commonwealth to which a salary, fee |
7 | or perquisite is attached. No member of Congress or other person |
8 | holding any office (except of attorney-at-law or in the National |
9 | Guard or in a reserve component of the armed forces of the |
10 | United States) under the United States or this Commonwealth to |
11 | which a salary, fee or perquisite is attached shall be a member |
12 | of [either House] the General Assembly during his continuance in |
13 | office. |
14 | (7) That section 8 of Article II be amended to read: |
15 | § 8. Compensation. |
16 | The members of the General Assembly shall receive such salary |
17 | and mileage for regular and special sessions as shall be fixed |
18 | by law, and no other compensation whatever, whether for service |
19 | upon committee or otherwise. No member of [either House] the |
20 | General Assembly shall during the term for which he may have |
21 | been elected, receive any increase of salary, or mileage, under |
22 | any law passed during such term. |
23 | (8) That section 9 of Article II be amended to read: |
24 | § 9. Election of officers; judge of election and qualifications |
25 | of members. |
26 | [The Senate shall, at the beginning and close of each regular |
27 | session and at such other times as may be necessary, elect one |
28 | of its members President pro tempore, who shall perform the |
29 | duties of the Lieutenant Governor, in any case of absence or |
30 | disability of that officer, and whenever the said office of |
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1 | Lieutenant Governor shall be vacant. The House of |
2 | Representatives] The General Assembly shall elect one of its |
3 | members as Speaker. [Each House] It shall choose its other |
4 | officers, and shall judge of the election and qualifications of |
5 | its members. |
6 | (9) That section 10 of Article II be amended to read: |
7 | § 10. Quorum. |
8 | A majority of [each House] the General Assembly shall |
9 | constitute a quorum, but a smaller number may adjourn from day |
10 | to day and compel the attendance of absent members. |
11 | (10) That section 11 of Article II be amended to read: |
12 | § 11. Powers of [each house] the General Assembly; expulsion. |
13 | [Each House] The General Assembly shall have power to |
14 | determine the rules of its proceedings and punish its members or |
15 | other persons for contempt or disorderly behavior in its |
16 | presence, to enforce obedience to its process, to protect its |
17 | members against violence or offers of bribes or private |
18 | solicitation, and, with the concurrence of two-thirds, to expel |
19 | a member, but not a second time for the same cause, and shall |
20 | have all other powers necessary for the Legislature of a free |
21 | State. A member expelled for corruption shall not thereafter be |
22 | eligible to [either House] the General Assembly, and punishment |
23 | for contempt or disorderly behavior shall not bar an indictment |
24 | for the same offense. |
25 | (11) That section 12 of Article II be amended to read: |
26 | § 12. Journals; yeas and nays. |
27 | [Each House] The General Assembly shall keep a journal of its |
28 | proceedings and from time to time publish the same, except such |
29 | parts as require secrecy, and the yeas and nays of the members |
30 | on any question shall, at the desire of any two of them, be |
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1 | entered on the journal. |
2 | (12) That section 13 of Article II be amended to read: |
3 | § 13. Open sessions. |
4 | The sessions of [each House] the General Assembly and of |
5 | committees of the whole shall be open, unless when the business |
6 | is such as ought to be kept secret. |
7 | (13) That section 14 of Article II be repealed: |
8 | [§ 14. Adjournments. |
9 | Neither House shall, without the consent of the other, |
10 | adjourn for more than three days, nor to any other place than |
11 | that in which the two Houses shall be sitting.] |
12 | (14) That section 15 of Article II be amended to read: |
13 | § 15. Privileges of members. |
14 | The members of the General Assembly shall in all cases, |
15 | except treason, felony, violation of their oath of office, and |
16 | breach or surety of the peace, be privileged from arrest during |
17 | their attendance at the sessions of [their respective Houses] |
18 | the General Assembly and in going to and returning from the |
19 | same; and for any speech or debate in [either House] the General |
20 | Assembly, they shall not be questioned in any other place. |
21 | (15) That section 16 of Article II be amended to read: |
22 | § 16. Legislative districts. |
23 | The Commonwealth shall be divided into [50 senatorial and 203 |
24 | representative] 201 legislative districts, which shall be |
25 | composed of compact and contiguous territory as nearly equal in |
26 | population as practicable. Each [senatorial] legislative |
27 | district shall elect one [Senator, and each representative |
28 | district one Representative] member of the General Assembly. |
29 | Unless absolutely necessary no county, city, incorporated town, |
30 | borough, township or ward shall be divided in forming [either a |
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1 | senatorial or representative] a legislative district. |
2 | (16) That section 17(b) of Article II be amended to read: |
3 | § 17. Legislative Reapportionment Commission. |
4 | * * * |
5 | (b) The commission shall consist of [five] three members: |
6 | [four] two of whom shall be the majority and minority leaders of |
7 | [both the Senate and the House of Representatives] the General |
8 | Assembly, or deputies appointed by each of them, and a chairman |
9 | selected as hereinafter provided. No later than 60 days |
10 | following the official reporting of the Federal decennial census |
11 | as required by Federal law, the [four] two members shall be |
12 | certified by the [President pro tempore of the Senate and the |
13 | Speaker of the House of Representatives] Speaker of the General |
14 | Assembly to the elections officer of the Commonwealth who under |
15 | law shall have supervision over elections. |
16 | The [four] two members within 45 days after their |
17 | certification shall select the [fifth] third member, who shall |
18 | serve as chairman of the commission, and shall immediately |
19 | certify his name to such elections officer. The chairman shall |
20 | be a citizen of the Commonwealth other than a local, State or |
21 | Federal official holding an office to which compensation is |
22 | attached. |
23 | If the [four] two members fail to select the [fifth] third |
24 | member within the time prescribed, a majority of the entire |
25 | membership of the Supreme Court within 30 days thereafter shall |
26 | appoint the chairman as aforesaid and certify his appointment to |
27 | such elections officer. |
28 | Any vacancy in the commission shall be filled within 15 days |
29 | in the same manner in which such position was originally filled. |
30 | * * * |
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1 | (17) That section 1 of Article III be amended to read: |
2 | § 1. Passage of laws. |
3 | No law shall be passed except by bill, and no bill shall be |
4 | so altered or amended, on its passage through [either House] the |
5 | General Assembly, as to change its original purpose. |
6 | (18) That section 4 of Article III be amended to read: |
7 | § 4. Consideration of bills. |
8 | Every bill shall be considered on three different days [in |
9 | each House]. All amendments made thereto shall be printed for |
10 | the use of the members before the final vote is taken on the |
11 | bill and before the final vote is taken, upon written request |
12 | addressed to the presiding officer of [either House] the General |
13 | Assembly by at least 25% of the members elected to [that House] |
14 | the General Assembly, any bill shall be read at length [in that |
15 | House]. No bill shall become a law, unless on its final passage |
16 | the vote is taken by yeas and nays, the names of the persons |
17 | voting for and against it are entered on the journal, and a |
18 | majority of the members elected to [each House] the General |
19 | Assembly is recorded thereon as voting in its favor. |
20 | (19) That section 5 of Article III be repealed: |
21 | [§ 5. Concurring in amendments; conference committee reports. |
22 | No amendment to bills by one House shall be concurred in by |
23 | the other, except by the vote of a majority of the members |
24 | elected thereto, taken by yeas and nays, and the names of those |
25 | voting for and against recorded upon the journal thereof; and |
26 | reports of committees of conference shall be adopted in either |
27 | House only by the vote of a majority of the members elected |
28 | thereto, taken by yeas and nays, and the names of those voting |
29 | recorded upon the journals.] |
30 | (20) That section 8 of Article III be amended to read: |
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1 | § 8. Signing of bills. |
2 | The presiding officer of [each House] the General Assembly |
3 | shall, in the presence of the [House over which he presides] |
4 | General Assembly, sign all bills and joint resolutions passed by |
5 | the General Assembly, after their titles have been publicly read |
6 | immediately before signing; and the fact of signing shall be |
7 | entered on the journal. |
8 | (21) That section 9 of Article III be amended to read: |
9 | § 9. Action on concurrent orders and resolutions. |
10 | Every order, resolution or vote, [to which the concurrence of |
11 | both Houses may be necessary,] except on the question of |
12 | adjournment, shall be presented to the Governor and before it |
13 | shall take effect be approved by him, or being disapproved, |
14 | shall be repassed by two-thirds of [both Houses] the General |
15 | Assembly according to the rules and limitations prescribed in |
16 | case of a bill. |
17 | (22) That section 10 of Article III be repealed: |
18 | [§ 10. Revenue bills. |
19 | All bills for raising revenue shall originate in the House of |
20 | Representatives, but the Senate may propose amendments as in |
21 | other bills.] |
22 | (23) That section 13 of Article III be amended to read: |
23 | § 13. Vote denied members with personal interest. |
24 | A member who has a personal or private interest in any |
25 | measure or bill proposed or pending before the General Assembly |
26 | shall disclose the fact to the [House of which he is a member] |
27 | General Assembly, and shall not vote thereon. |
28 | (24) That section 17 of Article III be amended to read: |
29 | § 17. Appointment of legislative officers and employees. |
30 | The General Assembly shall prescribe by law the number, |
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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. |
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1 | (27) That section 4 of Article IV be amended to read: |
2 | § 4. Lieutenant Governor. |
3 | A Lieutenant Governor shall be chosen jointly with the |
4 | Governor by the casting by each voter of a single vote |
5 | applicable to both offices, for the same term, and subject to |
6 | the same provisions as the Governor[; he shall be President of |
7 | the Senate. As such, he may vote in case of a tie on any |
8 | question except the final passage of a bill or joint resolution, |
9 | the adoption of a conference report or the concurrence in |
10 | amendments made by the House of Representatives]. |
11 | (28) That section 8 of Article IV be amended to read: |
12 | § 8. Appointing power. |
13 | (a) The Governor shall appoint a Secretary of Education and |
14 | such other officers as he shall be authorized by law to appoint. |
15 | The appointment of the Secretary of Education and of such other |
16 | officers as may be specified by law, shall be subject to the |
17 | consent of two-thirds or a majority of the members elected to |
18 | the [Senate] General Assembly as is specified by law. |
19 | (b) The Governor shall fill vacancies in offices to which he |
20 | appoints by nominating to the [Senate] General Assembly a proper |
21 | person to fill the vacancy within 90 days of the first day of |
22 | the vacancy and not thereafter. The [Senate] General Assembly |
23 | shall act on each executive nomination within 25 legislative |
24 | days of its submission. If the [Senate] General Assembly has not |
25 | voted upon a nomination within 15 legislative days following |
26 | such submission, any [five] 25 members of the [Senate] General |
27 | Assembly may, in writing, request the presiding officer of the |
28 | [Senate] General Assembly to place the nomination before the |
29 | entire [Senate] General Assembly body whereby the nomination |
30 | must be voted upon prior to the expiration of five legislative |
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1 | days or 25 legislative days following submission by the |
2 | Governor, whichever occurs first. If the nomination is made |
3 | during a recess or after adjournment sine die, the [Senate] |
4 | General Assembly shall act upon it within 25 legislative days |
5 | after its return or reconvening. If the [Senate] General |
6 | Assembly for any reason fails to act upon a nomination submitted |
7 | to it within the required 25 legislative days, the nominee shall |
8 | take office as if the appointment had been consented to by the |
9 | [Senate] General Assembly. The Governor shall in a similar |
10 | manner fill vacancies in the offices of Lieutenant Governor, |
11 | Auditor General, State Treasurer, justice, judge, justice of the |
12 | peace and in any other elective office he is authorized to fill. |
13 | In the case of a vacancy in an elective office, a person shall |
14 | be elected to the office on the next election day appropriate to |
15 | the office unless the first day of the vacancy is within two |
16 | calendar months immediately preceding the election day in which |
17 | case the election shall be held on the second succeeding |
18 | election day appropriate to the office. |
19 | (c) In acting on executive nominations, the [Senate] General |
20 | Assembly shall sit with open doors. The votes shall be taken by |
21 | yeas and nays and shall be entered on the journal. |
22 | (29) That section 9 of Article IV be amended to read: |
23 | § 9. Pardoning power; Board of Pardons. |
24 | (a) In all criminal cases except impeachment the Governor |
25 | shall have power to remit fines and forfeitures, to grant |
26 | reprieves, commutation of sentences and pardons; but no pardon |
27 | shall be granted, nor sentence commuted, except on the |
28 | recommendation in writing of a majority of the Board of Pardons, |
29 | and, in the case of a sentence of death or life imprisonment, on |
30 | the unanimous recommendation in writing of the Board of Pardons, |
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1 | after full hearing in open session, upon due public notice. The |
2 | recommendation, with the reasons therefor at length, shall be |
3 | delivered to the Governor and a copy thereof shall be kept on |
4 | file in the office of the Lieutenant Governor in a docket kept |
5 | for that purpose. |
6 | (b) The Board of Pardons shall consist of the Lieutenant |
7 | Governor who shall be chairman, the Attorney General and three |
8 | members appointed by the Governor with the consent of a majority |
9 | of the members elected to the [Senate] General Assembly for |
10 | terms of six years. The three members appointed by the Governor |
11 | shall be residents of Pennsylvania. One shall be a crime victim, |
12 | one a corrections expert and the third a doctor of medicine, |
13 | psychiatrist or psychologist. The board shall keep records of |
14 | its actions, which shall at all times be open for public |
15 | inspection. |
16 | (30) That section 12 of Article IV be amended to read: |
17 | § 12. Power to convene and adjourn the General Assembly. |
18 | He may, on extraordinary occasions, convene the General |
19 | Assembly[, and in case of disagreement between the two Houses, |
20 | with respect to the time of adjournment, adjourn them to such |
21 | time as he shall think proper, not exceeding four months]. He |
22 | shall have power to convene the [Senate] General Assembly in |
23 | extraordinary session by proclamation for the transaction of |
24 | Executive business. |
25 | (31) That section 14 of Article IV be amended to read: |
26 | § 14. Vacancy in office of Lieutenant Governor. |
27 | In case of the death, conviction on impeachment, failure to |
28 | qualify or resignation of the Lieutenant Governor[, or in case |
29 | he should become Governor under section 13 of this article, the |
30 | President pro tempore of the Senate shall become Lieutenant |
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1 | Governor for the remainder of the term] , the Governor shall |
2 | appoint, in accordance with section 8 of this article, a |
3 | Lieutenant Governor. The appointment shall be subject to the |
4 | consent of a majority of the members elected to the General |
5 | Assembly. The appointee, upon approval, shall serve for the |
6 | remainder of the term. In case of the disability of the |
7 | Lieutenant Governor, the powers, duties and emoluments of the |
8 | office shall devolve upon the [President pro tempore of the |
9 | Senate] Speaker of the General Assembly until the disability is |
10 | removed. Should there be no Lieutenant Governor, the [President |
11 | pro tempore of the Senate] Speaker of the General Assembly shall |
12 | become Governor if a vacancy shall occur in the office of |
13 | Governor and in case of the disability of the Governor, the |
14 | powers, duties and emoluments of the office shall devolve upon |
15 | the [President pro tempore of the Senate] Speaker of the General |
16 | Assembly until the disability is removed. His seat as [Senator] |
17 | member of the General Assembly shall become vacant whenever he |
18 | shall become Governor and shall be filled by election as any |
19 | other vacancy in the [Senate] General Assembly. |
20 | (32) That section 15 of Article IV be amended to read: |
21 | § 15. Approval of bills; vetoes. |
22 | Every bill which shall have passed [both Houses] the General |
23 | Assembly shall be presented to the Governor; if he approves he |
24 | shall sign it, but if he shall not approve he shall return it |
25 | with his objections to the [House in which it shall have |
26 | originated] General Assembly, which [House] shall enter the |
27 | objections at large upon their journal, and proceed to re- |
28 | consider it. If after such re-consideration, two-thirds of all |
29 | the members elected to [that House] the General Assembly shall |
30 | agree to pass the bill, [it shall be sent with the objections to |
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1 | the other House by which likewise it shall be re-considered, and |
2 | if approved by two-thirds of all the members elected to that |
3 | House] it shall be a law; but in such cases the votes of [both |
4 | Houses] the General Assembly shall be determined by yeas and |
5 | nays, and the names of the members voting for and against the |
6 | bill shall be entered on the [journals of each House, |
7 | respectively] journal. If any bill shall not be returned by the |
8 | Governor within ten days after it shall have been presented to |
9 | him, the same shall be a law in like manner as if he had signed |
10 | it, unless the General Assembly, by their adjournment, prevent |
11 | its return, in which case it shall be a law, unless he shall |
12 | file the same, with his objections, in the office of the |
13 | Secretary of the Commonwealth, and give notice thereof by public |
14 | proclamation within 30 days after such adjournment. |
15 | (33) That section 13(b) and (d) of Article V be amended to |
16 | read: |
17 | § 13. Election of justices, judges and justices of the peace; |
18 | vacancies. |
19 | * * * |
20 | (b) A vacancy in the office of justice, judge or justice of |
21 | the peace shall be filled by appointment by the Governor. The |
22 | appointment shall be with the advice and consent of two-thirds |
23 | of the members elected to the [Senate] General Assembly, except |
24 | in the case of justices of the peace which shall be by a |
25 | majority. The person so appointed shall serve for a term ending |
26 | on the first Monday of January following the next municipal |
27 | election more than ten months after the vacancy occurs or for |
28 | the remainder of the unexpired term whichever is less, except in |
29 | the case of persons selected as additional judges to the |
30 | Superior Court, where the General Assembly may stagger and fix |
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1 | the length of the initial terms of such additional judges by |
2 | reference to any of the first, second and third municipal |
3 | elections more than ten months after the additional judges are |
4 | selected. The manner by which any additional judges are selected |
5 | shall be provided by this section for the filling of vacancies |
6 | in judicial offices. |
7 | * * * |
8 | (d) At the primary election in 1969, the electors of the |
9 | Commonwealth may elect to have the justices and judges of the |
10 | Supreme, Superior, Commonwealth and all other statewide courts |
11 | appointed by the Governor from a list of persons qualified for |
12 | the offices submitted to him by the Judicial Qualifications |
13 | Commission. If a majority vote of those voting on the question |
14 | is in favor of this method of appointment, then whenever any |
15 | vacancy occurs thereafter for any reason in such court, the |
16 | Governor shall fill the vacancy by appointment in the manner |
17 | prescribed in this subsection. Such appointment shall not |
18 | require the consent of the [Senate] General Assembly. |
19 | * * * |
20 | (34) That section 3 of Article VI be amended to read: |
21 | § 3. Oath of office. |
22 | [Senators, Representatives] Members of the General Assembly |
23 | and all judicial, State and county officers shall, before |
24 | entering on the duties of their respective offices, take and |
25 | subscribe the following oath or affirmation before a person |
26 | authorized to administer oaths. |
27 | "I do solemnly swear (or affirm) that I will support, obey |
28 | and defend the Constitution of the United States and the |
29 | Constitution of this Commonwealth and that I will discharge the |
30 | duties of my office with fidelity." |
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1 | [The oath or affirmation shall be administered to a member of |
2 | the Senate or to a member of the House of Representatives in the |
3 | hall of the House to which he shall have been elected.] |
4 | Any person refusing to take the oath or affirmation shall |
5 | forfeit his office. |
6 | (35) That section 4 of Article VI be amended to read: |
7 | § 4. Power of impeachment. |
8 | [The House of Representatives shall have the sole power of |
9 | impeachment.] The General Assembly shall have the sole power of |
10 | impeachment. A majority of the members elected to the General |
11 | Assembly must concur in the impeachment. Proceeding for |
12 | impeachment may be initiated in either a regular session or a |
13 | special session of the General Assembly. |
14 | (36) That section 5 of Article VI be amended to read: |
15 | § 5. Trial of impeachments. |
16 | [All impeachments shall be tried by the Senate. When sitting |
17 | for that purpose the Senators shall be upon oath or affirmation. |
18 | No person shall be convicted without the concurrence of two- |
19 | thirds of the members present.] Upon the adoption of a |
20 | resolution of impeachment, which resolution shall give |
21 | reasonable notice of the acts or omissions alleged to constitute |
22 | impeachable offenses but need not conform to any particular |
23 | style, a notice of an impeachment of any officer, other than a |
24 | justice of the Supreme Court, shall be forthwith served upon the |
25 | Chief Justice, by the Clerk of the General Assembly, who shall |
26 | thereupon call a session of the Supreme Court to meet at the |
27 | Capitol in an expeditious fashion after such notice to try the |
28 | impeachment. A notice of an impeachment of the Chief Justice or |
29 | any justice of the Supreme Court shall be served by the Clerk of |
30 | the General Assembly, upon the President Judge of the Superior |
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1 | Court, and he or she thereupon shall choose, at random, seven |
2 | judges of the Superior Court to meet within 30 days at the |
3 | Capitol, to sit as a court to try such impeachment, which court |
4 | shall organize by electing one of its number to preside. The |
5 | case against the impeached civil officer shall be brought in the |
6 | name of the General Assembly and shall be managed by two members |
7 | of the General Assembly, appointed by the General Assembly, who |
8 | may make technical or procedural amendments to the articles of |
9 | impeachment as they deem necessary. The trial shall be conducted |
10 | in the manner of a civil proceeding and the impeached civil |
11 | officer shall not be allowed to invoke a privilege against self- |
12 | incrimination, except as otherwise applicable in a general civil |
13 | case. No person shall be convicted without the concurrence of |
14 | two-thirds of the members of the court of impeachment that clear |
15 | and convincing evidence exists indicating that such person is |
16 | guilty of one or more impeachable offenses. No officer shall |
17 | exercise his or her official duties after he or she shall have |
18 | been impeached and notified thereof, until he or she shall have |
19 | been acquitted. |
20 | (37) That section 7 of Article VI be amended to read: |
21 | § 7. Removal of civil officers. |
22 | All civil officers shall hold their offices on the condition |
23 | that they behave themselves well while in office, and shall be |
24 | removed on conviction of misbehavior in office or of any |
25 | infamous crime. Appointed civil officers, other than judges of |
26 | the courts of record, may be removed at the pleasure of the |
27 | power by which they shall have been appointed. All civil |
28 | officers elected by the people, except the Governor, the |
29 | Lieutenant Governor, members of the General Assembly and judges |
30 | of the courts of record, shall be removed by the Governor for |
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1 | reasonable cause, after due notice and full hearing, on the |
2 | address of two-thirds of the [Senate] General Assembly. |
3 | (38) That section 2 of Article VII be amended to read: |
4 | § 2. General election day. |
5 | The general election shall be held biennially on the Tuesday |
6 | next following the first Monday of November in each even- |
7 | numbered year, but the General Assembly may by law fix a |
8 | different day, two-thirds of all the members [of each House] |
9 | consenting thereto: Provided, That such election shall always be |
10 | held in an even-numbered year. |
11 | (39) That section 3 of Article VII be amended to read: |
12 | § 3. Municipal election day; offices to be filled on election |
13 | days. |
14 | All judges elected by the electors of the State at large may |
15 | be elected at either a general or municipal election, as |
16 | circumstances may require. All elections for judges of the |
17 | courts for the several judicial districts, and for county, city, |
18 | ward, borough, and township officers, for regular terms of |
19 | service, shall be held on the municipal election day; namely, |
20 | the Tuesday next following the first Monday of November in each |
21 | odd-numbered year, but the General Assembly may by law fix a |
22 | different day, two-thirds of all the members [of each House] |
23 | consenting thereto: Provided, That such elections shall be held |
24 | in an odd-numbered year: Provided further, That all judges for |
25 | the courts of the several judicial districts holding office at |
26 | the present time, whose terms of office may end in an odd- |
27 | numbered year, shall continue to hold their offices until the |
28 | first Monday of January in the next succeeding even-numbered |
29 | year. |
30 | (40) That section 17(b) of Article VIII be amended to read: |
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1 | § 17. Special emergency legislation. |
2 | * * * |
3 | (b) Notwithstanding the provisions of Article III, section |
4 | 29 subsequent to a Presidential declaration of an emergency or |
5 | of a major disaster in any part of this Commonwealth, the |
6 | General Assembly shall have the authority by a vote of two- |
7 | thirds of all members [elected to each House] to make |
8 | appropriations limited to moneys required for Federal emergency |
9 | or major disaster relief. This subsection may apply |
10 | retroactively to any Presidential declaration of an emergency or |
11 | of a major disaster in 1976 or 1977. |
12 | (41) That section 1 of Article XI be amended to read: |
13 | § 1. Proposal of amendments by the General Assembly and their |
14 | adoption. |
15 | Amendments to this Constitution may be proposed in the |
16 | [Senate or House of Representatives] General Assembly; and if |
17 | the same shall be agreed to by a majority of the members elected |
18 | [to each House], such proposed amendment or amendments shall be |
19 | entered on their journals with the yeas and nays taken thereon, |
20 | and the Secretary of the Commonwealth shall cause the same to be |
21 | published three months before the next general election, in at |
22 | least two newspapers in every county in which such newspapers |
23 | shall be published; and if, in the General Assembly next |
24 | afterwards chosen, such proposed amendment or amendments shall |
25 | be agreed to by a majority of the members elected [to each |
26 | House], the Secretary of the Commonwealth shall cause the same |
27 | again to be published in the manner aforesaid; and such proposed |
28 | amendment or amendments shall be submitted to the qualified |
29 | electors of the State in such manner, and at such time at least |
30 | three months after being so agreed to by the [two Houses] |
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1 | General Assembly, as the General Assembly shall prescribe; and, |
2 | if such amendment or amendments shall be approved by a majority |
3 | of those voting thereon, such amendment or amendments shall |
4 | become a part of the Constitution; but no amendment or |
5 | amendments shall be submitted oftener than once in five years. |
6 | When two or more amendments shall be submitted they shall be |
7 | voted upon separately. |
8 | (a) In the event a major emergency threatens or is about to |
9 | threaten the Commonwealth and if the safety or welfare of the |
10 | Commonwealth requires prompt amendment of this Constitution, |
11 | such amendments to this Constitution may be proposed in the |
12 | [Senate or House of Representatives] General Assembly at any |
13 | regular or special session of the General Assembly, and if |
14 | agreed to by at least two-thirds of the members elected [to each |
15 | House], a proposed amendment shall be entered on the journal of |
16 | [each House] the General Assembly with the yeas and nays taken |
17 | thereon and the official in charge of statewide elections shall |
18 | promptly publish such proposed amendment in at least two |
19 | newspapers in every county in which such newspapers are |
20 | published. Such amendment shall then be submitted to the |
21 | qualified electors of the Commonwealth in such manner, and at |
22 | such time, at least one month after being agreed to by [both |
23 | Houses] the General Assembly as the General Assembly prescribes. |
24 | (b) If an emergency amendment is approved by a majority of |
25 | the qualified electors voting thereon, it shall become part of |
26 | this Constitution. When two or more emergency amendments are |
27 | submitted they shall be voted on separately. |
28 | Section 2. (a) Upon the first passage by the General |
29 | Assembly of these proposed constitutional amendments, the |
30 | Secretary of the Commonwealth shall proceed immediately to |
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1 | comply with the advertising requirements of section 1 of Article |
2 | XI of the Constitution of Pennsylvania and shall transmit the |
3 | required advertisements to two newspapers in every county in |
4 | which such newspapers are published in sufficient time after |
5 | passage of these proposed constitutional amendments. |
6 | (b) Upon the second passage by the General Assembly of these |
7 | proposed constitutional amendments, the Secretary of the |
8 | Commonwealth shall proceed immediately to comply with the |
9 | advertising requirements of section 1 of Article XI of the |
10 | Constitution of Pennsylvania and shall transmit the required |
11 | advertisements to two newspapers in every county in which such |
12 | newspapers are published in sufficient time after passage of |
13 | these proposed constitutional amendments. The Secretary of the |
14 | Commonwealth shall submit the proposed constitutional amendments |
15 | under section 1 to the qualified electors of this Commonwealth |
16 | as a single ballot question at the first primary, general or |
17 | municipal election which meets the requirements of and is in |
18 | conformance with section 1 of Article XI of the Constitution of |
19 | Pennsylvania and which occurs at least three months after the |
20 | proposed constitutional amendments are passed by the General |
21 | Assembly. |
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