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                              PRIOR PASSAGE - NONE
                                                       PRINTER'S NO. 481

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 372 Session of 2003


        INTRODUCED BY O'PAKE, MUSTO, KITCHEN AND STOUT, MARCH 12, 2003

        REFERRED TO LOCAL GOVERNMENT, MARCH 12, 2003

                               A JOINT RESOLUTION

     1  Proposing an amendment to the Constitution of the Commonwealth
     2     of Pennsylvania, providing for the removal by referendum of
     3     elected municipal officers in home rule charter
     4     municipalities where the charter authorizes such removal.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby resolves as follows:
     7     Section 1.  The following amendment to the Constitution of
     8  Pennsylvania is proposed in accordance with Article XI:
     9     That section 7 of Article VI be amended to read:
    10  § 7.  Removal of civil officers.
    11     All civil officers shall hold their offices on the condition
    12  that they behave themselves well while in office, and shall be
    13  removed on conviction of misbehavior in office or of any
    14  infamous crime. Appointed civil officers, other than judges of
    15  the courts of record, may be removed at the pleasure of the
    16  power by which they shall have been appointed. All civil
    17  officers elected by the people, except the Governor, the
    18  Lieutenant Governor, members of the General Assembly and judges


     1  of the courts of record, shall be removed by the Governor for
     2  reasonable cause, after due notice and full hearing, on the
     3  address of two-thirds of the Senate. Elected municipal officials
     4  may be removed, recalled or suspended from office by a public
     5  referendum provided for under a home rule charter.
     6     Section 2.  (a)  Upon the first passage by the General
     7  Assembly of this proposed constitutional amendment, the
     8  Secretary of the Commonwealth shall proceed immediately to
     9  comply with the advertising requirements of section 1 of Article
    10  XI of the Constitution of Pennsylvania and shall transmit the
    11  required advertisements to two newspapers in every county in
    12  which such newspapers are published in sufficient time after
    13  passage of this proposed constitutional amendment.
    14     (b)  Upon the second passage by the General Assembly of this
    15  proposed constitutional amendment, the Secretary of the
    16  Commonwealth shall proceed immediately to comply with the
    17  advertising requirements of section 1 of Article XI of the
    18  Constitution of Pennsylvania and shall transmit the required
    19  advertisements to two newspapers in every county in which such
    20  newspapers are published in sufficient time after passage of
    21  this proposed constitutional amendment. The Secretary of the
    22  Commonwealth shall submit this proposed constitutional amendment
    23  to the qualified electors of this Commonwealth at the first
    24  primary, general or municipal election occurring at least three
    25  months after the proposed constitutional amendment is passed by
    26  the General Assembly.



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