PRIOR PASSAGE - NONE PRINTER'S NO. 956
No. 822 Session of 2007
INTRODUCED BY CORMAN, ERICKSON, GORDNER, TOMLINSON, WAUGH, ROBBINS AND BRUBAKER, MAY 2, 2007
REFERRED TO STATE GOVERNMENT, MAY 2, 2007
A JOINT RESOLUTION
1 Proposing integrated amendments to the Constitution of the
2 Commonwealth of Pennsylvania, further providing for
3 disqualification to hold other office and for vacancy in the
4 office of Lieutenant Governor.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby resolves as follows:
7 Section 1. The following integrated amendments to the
8 Constitution of Pennsylvania are proposed in accordance with
9 Article XI:
10 (1) That section 6 of Article II be amended to read:
11 § 6. Disqualification to hold other office.
12 [No] Except as provided in section 14 of Article IV, no
13 Senator or Representative shall, during the time for which he
14 was elected, be appointed to any civil office under this
15 Commonwealth to which a salary, fee or perquisite is attached.
16 No member of Congress or other person holding any office (except
17 of attorney-at-law or in the National Guard or in a reserve
18 component of the armed forces of the United States) under the
1 United States or this Commonwealth to which a salary, fee or 2 perquisite is attached shall be a member of either House during 3 his continuance in office. 4 (2) That section 14 of Article IV be amended to read: 5 § 14. Vacancy in office of Lieutenant Governor. 6 (a) In case of the death, conviction on impeachment, failure 7 to qualify or resignation of the Lieutenant Governor, [or in 8 case he should become] the Governor shall appoint, in accordance 9 with section 8 of this article, a Lieutenant Governor who shall 10 take office upon confirmation by a majority vote of all members 11 elected to the Senate and shall serve for the remainder of the 12 term. 13 (b) Where the Lieutenant Governor becomes Governor under 14 section 13 of this article, [the President pro tempore of the 15 Senate shall become Lieutenant Governor for the remainder of the 16 term.] he shall appoint, in accordance with section 8 of this 17 article, a Lieutenant Governor, who shall take office upon 18 confirmation by a majority vote of all members elected to the 19 Senate and shall serve for the remainder of the term. 20 (c) Should the Governor appoint any member of the Senate or 21 House of Representatives to serve as Lieutenant Governor, the 22 appointee's seat as Senator or Representative shall become 23 vacant upon confirmation and shall be filled by election as any 24 other vacancy in the General Assembly. 25 (d) In case of the disability of the Lieutenant Governor, 26 the powers, duties and emoluments of the office shall devolve 27 upon the President pro tempore of the Senate until the 28 disability is removed. [Should there be no Lieutenant Governor, 29 the President pro tempore of the Senate shall become Governor if 30 a vacancy shall occur in the office of Governor and in] 20070S0822B0956 - 2 -
1 (e) If, by reason of death, resignation, removal from 2 office, inability or failure to qualify, there is neither a 3 Governor nor Lieutenant Governor to discharge the powers and 4 duties of the office of Governor, then the President pro tempore 5 of the Senate shall become Governor for the remainder of the 6 term. The President pro tempore's seat as Senator shall become 7 vacant when he becomes Governor and shall be filled by election 8 as any other vacancy in the Senate. 9 (f) If, by reason of death, resignation, removal from 10 office, inability or failure to qualify, there is no Lieutenant 11 Governor to discharge the powers and duties of the office of 12 Governor in the case of the disability of the Governor, except 13 for the power provided by this section to appoint a Lieutenant 14 Governor, the powers, duties and emoluments of the office of 15 Governor shall devolve upon the President pro tempore of the 16 Senate who shall act as Governor until the disability is 17 removed. [His seat as Senator shall become vacant whenever he 18 shall become Governor and shall be filled by election as any 19 other vacancy in the Senate.] 20 Section 2. (a) Upon the first passage by the General 21 Assembly of these proposed constitutional amendments, the 22 Secretary of the Commonwealth shall proceed immediately to 23 comply with the advertising requirements of section 1 of Article 24 XI of the Constitution of Pennsylvania and shall transmit the 25 required advertisements to two newspapers in every county in 26 which such newspapers are published in sufficient time after 27 passage of these proposed constitutional amendments. 28 (b) Upon the second passage by the General Assembly of these 29 proposed constitutional amendments, the Secretary of the 30 Commonwealth shall proceed immediately to comply with the 20070S0822B0956 - 3 -
1 advertising requirements of section 1 of Article XI of the 2 Constitution of Pennsylvania and shall transmit the required 3 advertisements to two newspapers in every county in which such 4 newspapers are published in sufficient time after passage of 5 these proposed constitutional amendments. The Secretary of the 6 Commonwealth shall submit the proposed constitutional amendments 7 under section 1 to the qualified electors of this Commonwealth 8 as a single ballot question at the first primary, general or 9 municipal election which meets the requirements of and is in 10 conformance with section 1 of Article XI of the Constitution of 11 Pennsylvania and which occurs at least three months after the 12 proposed constitutional amendments are passed by the General 13 Assembly. D3L83VDL/20070S0822B0956 - 4 -