PRIOR PASSAGE - NONE
PRINTER'S NO. 1291
No. 1100 Session of 2003
INTRODUCED BY DeLUCA, BELFANTI, BROWNE, FREEMAN, HARHAI, JAMES,
KOTIK, LaGROTTA, LEDERER, McGEEHAN, McILHATTAN, McILHINNEY,
MELIO, SURRA, TIGUE, WALKO, WASHINGTON AND YOUNGBLOOD,
APRIL 8, 2003
REFERRED TO COMMITTEE ON INSURANCE, APRIL 8, 2003
A JOINT RESOLUTION
1 Proposing an amendment to the Constitution of the Commonwealth
2 of Pennsylvania, providing for the election of the Insurance
3 Commissioner and for the qualifications thereof.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby resolves as follows:
6 Section 1. The following amendment to the Constitution of
7 Pennsylvania is proposed in accordance with Article XI:
8 (1) That Article IV be amended by adding a section to read:
9 § 4.2. Insurance Commissioner.
10 An Insurance Commissioner shall be chosen by the qualified
11 electors of the Commonwealth on the day the general election is
12 held for the Auditor General and State Treasurer; he shall hold
13 his office during four years from the third Tuesday of January
14 next ensuing his election; he shall be the chief officer of the
15 Insurance Department and shall exercise such powers and perform
16 such duties as may be imposed by law. The General Assembly shall
17 enact legislation prohibiting insurance companies and their
1 officers and directors from making direct and indirect monetary
2 contributions to the political campaigns of candidates for the
3 office of Insurance Commissioner. No elected Insurance
4 Commissioner may be employed directly or indirectly by an
5 insurance company within four years prior to or after serving as
6 Insurance Commissioner.
7 (2) That sections 5, 6 and 17 of Article IV be amended to
8 read:
9 § 5. Qualifications of Governor, Lieutenant Governor [and],
10 Attorney General and Insurance Commissioner.
11 No person shall be eligible to the office of Governor,
12 Lieutenant Governor [or], Attorney General or Insurance
13 Commissioner except a citizen of the United States, who shall
14 have attained the age of 30 years, and have been seven years
15 next preceding his election an inhabitant of this Commonwealth,
16 unless he shall have been absent on the public business of the
17 United States or of this Commonwealth. No person shall be
18 eligible to the office of Attorney General except a member of
19 the bar of the Supreme Court of Pennsylvania.
20 § 6. Disqualification for offices of Governor, Lieutenant
21 Governor [and], Attorney General and Insurance
22 Commissioner.
23 No member of Congress or person holding any office (except of
24 attorney-at-law or in the National Guard or in a reserve
25 component of the armed forces of the United States) under the
26 United States or this Commonwealth shall exercise the office of
27 Governor, Lieutenant Governor [or], Attorney General or
28 Insurance Commissioner.
29 § 17. Contested elections of Governor, Lieutenant Governor
30 [and], Attorney General and Insurance
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1 Commissioner; when succeeded.
2 The Chief Justice of the Supreme Court shall preside upon the
3 trial of any contested election of Governor, Lieutenant Governor
4 [or], Attorney General or Insurance Commissioner and shall
5 decide questions regarding the admissibility of evidence, and
6 shall, upon request of the committee, pronounce his opinion upon
7 other questions of law involved in the trial. The Governor,
8 Lieutenant Governor [and], Attorney General and Insurance
9 Commissioner shall exercise the duties of their respective
10 offices until their successors shall be duly qualified.
11 Section 2. (a) Upon the first passage by the General
12 Assembly of this proposed constitutional amendment, the
13 Secretary of the Commonwealth shall proceed immediately to
14 comply with the advertising requirements of section 1 of Article
15 XI of the Constitution of Pennsylvania and shall transmit the
16 required advertisements to two newspapers in every county in
17 which such newspapers are published in sufficient time after
18 passage of this proposed constitutional amendment.
19 (b) Upon the second passage by the General Assembly of this
20 proposed constitutional amendment, the Secretary of the
21 Commonwealth shall proceed immediately to comply with the
22 advertising requirements of section 1 of Article XI of the
23 Constitution of Pennsylvania and shall transmit the required
24 advertisements to two newspapers in every county in which such
25 newspapers are published in sufficient time after passage of
26 this proposed constitutional amendment. The Secretary of the
27 Commonwealth shall submit this proposed constitutional amendment
28 to the qualified electors of this Commonwealth at the first
29 primary, general or municipal election which meets the
30 requirements of and is in conformance with section 1 of Article
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1 XI of the Constitution of Pennsylvania and which occurs at least
2 three months after the proposed constitutional amendment is
3 passed by the General Assembly. Upon approval of this amendment
4 by the electors, there shall be a vacancy in the office of the
5 Insurance Commissioner which shall be filled as provided herein.
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