PRINTER'S NO.  981

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

918

Session of

2011

  

  

INTRODUCED BY GIBBONS, CUTLER, EVERETT, GROVE, HORNAMAN, HUTCHINSON, KIRKLAND, MURT, M. O'BRIEN, READSHAW, STURLA AND VULAKOVICH, MARCH 3, 2011

  

  

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 3, 2011  

  

  

  

A JOINT RESOLUTION

  

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.

 


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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