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                              PRIOR PASSAGE - NONE
        PRIOR PRINTER'S NO. 956                       PRINTER'S NO. 1842

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 822 Session of 2007


        INTRODUCED BY CORMAN, ERICKSON, GORDNER, TOMLINSON, WAUGH,
           ROBBINS, BRUBAKER, D. WHITE and EARLL, MAY 2, 2007

        SENATOR ARMSTRONG, APPROPRIATIONS, RE-REPORTED AS AMENDED,
           MARCH 18, 2008

                               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  OTHER THAN LIEUTENANT GOVERNOR PURSUANT TO SECTION 14 OF ARTICLE  <--
    17  IV. No member of Congress or other person holding any office


     1  (except of attorney-at-law or in the National Guard or in a
     2  reserve component of the armed forces of the United States)
     3  under the United States or this Commonwealth to which a salary,
     4  fee or perquisite is attached shall be a member of either House
     5  during his continuance in office.
     6     (2)  That section 14 of Article IV be amended to read:
     7  § 14.  Vacancy in office of Lieutenant Governor.
     8     (a)  In case of the death, conviction on impeachment, failure
     9  to qualify or resignation of the Lieutenant Governor, [or in
    10  case he should become] the Governor shall appoint, in accordance
    11  with section 8 of this article, a Lieutenant Governor. who shall  <--
    12  take office upon confirmation by a majority vote of all THE       <--
    13  APPOINTMENT SHALL BE SUBJECT TO THE CONSENT OF A MAJORITY OF THE
    14  members elected to the Senate. and THE APPOINTEE UPON APPROVAL    <--
    15  shall serve for the remainder of the term.
    16     (b)  Where WHENEVER the Lieutenant Governor becomes Governor   <--
    17  under section 13 of this article, [the President pro tempore of
    18  the Senate shall become Lieutenant Governor for the remainder of
    19  the term.] he shall appoint, in accordance with section 8 of
    20  this article, a Lieutenant Governor. , who shall take office      <--
    21  upon confirmation by a majority vote of all THE APPOINTMENT       <--
    22  SHALL BE SUBJECT TO THE CONSENT OF A MAJORITY OF THE members
    23  elected to the Senate. and THE APPOINTEE UPON APPROVAL shall      <--
    24  serve for the remainder of the term.
    25     (c)  Should the Governor appoint any A member of the Senate    <--
    26  or House of Representatives to serve as Lieutenant Governor, the
    27  appointee's seat as Senator or Representative shall become
    28  vacant upon confirmation GENERAL ASSEMBLY AS LIEUTENANT           <--
    29  GOVERNOR, UPON BECOMING LIEUTENANT GOVERNOR THE APPOINTEE'S SEAT
    30  AS A MEMBER OF THE GENERAL ASSEMBLY SHALL BECOME VACANT and
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     1  shall be filled by election as any other vacancy in the General
     2  Assembly.
     3     (d)  In case of the disability of the Lieutenant Governor,
     4  the powers, duties and emoluments of the office shall devolve
     5  upon the President pro tempore of the Senate until the
     6  disability is removed. [Should there be no Lieutenant Governor,
     7  the President pro tempore of the Senate shall become Governor if
     8  a vacancy shall occur in the office of Governor and in]
     9     (e)  If, by reason of death, resignation, removal from
    10  office, inability or failure to qualify, there is neither a
    11  Governor nor Lieutenant Governor to discharge the powers and
    12  duties of the office of Governor, then the President pro tempore  <--
    13  of the Senate shall become Governor for the remainder of the
    14  term. The President pro tempore's AND HIS seat as Senator shall   <--
    15  become vacant when WHENEVER he becomes Governor and shall be      <--
    16  filled by election as any other vacancy in the Senate.
    17     (f)  If, by reason of death, resignation, removal from
    18  office, inability or failure to qualify, there is no Lieutenant
    19  Governor to discharge the powers and duties of the office of
    20  Governor in the case of the disability of the Governor, except    <--
    21  for the power provided by this section to appoint a Lieutenant
    22  Governor, the powers, duties and emoluments of the office of
    23  Governor, OTHER THAN THE AUTHORITY PROVIDED UNDER THIS SECTION    <--
    24  TO APPOINT A LIEUTENANT GOVERNOR, shall devolve upon the
    25  President pro tempore of the Senate who shall act as Governor
    26  until the disability is removed. [His seat as Senator shall
    27  become vacant whenever he shall become Governor and shall be
    28  filled by election as any other vacancy in the Senate.]
    29     Section 2.  (a)  Upon the first passage by the General
    30  Assembly of these proposed constitutional amendments, the
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     1  Secretary of the Commonwealth shall proceed immediately to
     2  comply with the advertising requirements of section 1 of Article
     3  XI of the Constitution of Pennsylvania and shall transmit the
     4  required advertisements to two newspapers in every county in
     5  which such newspapers are published in sufficient time after
     6  passage of these proposed constitutional amendments.
     7     (b)  Upon the second passage by the General Assembly of these
     8  proposed constitutional amendments, the Secretary of the
     9  Commonwealth shall proceed immediately to comply with the
    10  advertising requirements of section 1 of Article XI of the
    11  Constitution of Pennsylvania and shall transmit the required
    12  advertisements to two newspapers in every county in which such
    13  newspapers are published in sufficient time after passage of
    14  these proposed constitutional amendments. The Secretary of the
    15  Commonwealth shall submit the proposed constitutional amendments
    16  under section 1 to the qualified electors of this Commonwealth
    17  as a single ballot question at the first primary, general or
    18  municipal election which meets the requirements of and is in
    19  conformance with section 1 of Article XI of the Constitution of
    20  Pennsylvania and which occurs at least three months after the
    21  proposed constitutional amendments are passed by the General
    22  Assembly.






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