THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY WHITE, GOODMAN, HORNAMAN, KORTZ, KOTIK AND M. O'BRIEN, SEPTEMBER 5, 2012

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, SEPTEMBER 5, 2012  

A JOINT RESOLUTION

Proposing integrated amendments to the Constitution of the

Commonwealth of Pennsylvania, providing for the election of

the Secretary of Environmental Protection; further providing

for the qualifications of the Secretary of Environmental

Protection; and providing for vacancy in the office of

Secretary of Environmental Protection.

The General Assembly of the Commonwealth of Pennsylvania

hereby resolves as follows:

Section 1.  The following integrated amendments to the

Constitution of Pennsylvania are proposed in accordance with

Article XI:

(1)  That Article IV be amended by adding a section to read:

§ 4.2.  Secretary of Environmental Protection.

A Secretary of Environmental Protection shall be chosen by

the qualified electors of the Commonwealth on the day the

general election is held for the Auditor General and State

Treasurer; he shall hold his office during four years from the

third Tuesday of January next ensuing his election and shall not

be eligible to serve continuously for more than two successive

terms; he shall be the chief officer of the Department of

Environmental Protection and shall exercise such powers and

perform such duties as may be imposed by law.

(2)  That section 5 of Article IV be amended to read:

§ 5.  Qualifications of Governor, Lieutenant Governor [and],

Attorney General and Secretary of Environmental

Protection.

No person shall be eligible to the office of Governor,

Lieutenant Governor [or], Attorney General or Secretary of

Environmental Protection except a citizen of the United States,

who shall have attained the age of 30 years, and have been seven

years next preceding his election an inhabitant of this

Commonwealth, unless he shall have been absent on the public

business of the United States or of this Commonwealth. No person

shall be eligible to the office of Attorney General except a

member of the bar of the Supreme Court of Pennsylvania.

(3)  That section 6 of Article IV be amended to read:

§ 6.  Disqualification for offices of Governor, Lieutenant

Governor [and], Attorney General and Secretary of

Environmental Protection.

No member of Congress or person holding any office (except of

attorney-at-law or in the National Guard or in a reserve

component of the armed forces of the United States) under the

United States or this Commonwealth shall exercise the office of

Governor, Lieutenant Governor [or], Attorney General or

Secretary of Environmental Protection.

(4)  That section 17 of Article IV be amended to read:

§ 17.  Contested elections of Governor, Lieutenant Governor

[and], Attorney General and Secretary of

Environmental Protection; when succeeded.

The Chief Justice of the Supreme Court shall preside upon the

trial of any contested election of Governor, Lieutenant Governor

[or], Attorney General or Secretary of Environmental Protection 

and shall decide questions regarding the admissibility of

evidence, and shall, upon request of the committee, pronounce

his opinion upon other questions of law involved in the trial.

The Governor, Lieutenant Governor [and], Attorney General and  

Secretary of Environmental Protection shall exercise the duties

of their respective offices until their successors shall be duly

qualified.

Section 2.  Upon approval of this amendment by the electors,

there shall be a vacancy in the office of the Secretary of

Environmental Protection which shall be filled as provided in

this joint resolution.

Section 3.  (a)  Upon the first passage by the General

Assembly of these proposed constitutional amendments, the

Secretary of the Commonwealth shall proceed immediately to

comply with the advertising requirements of section 1 of Article

XI of the Constitution of Pennsylvania and shall transmit the

required advertisements to two newspapers in every county in

which such newspapers are published in sufficient time after

passage of these proposed constitutional amendments.

(b)  Upon the second passage by the General Assembly of these

proposed constitutional amendments, the Secretary of the

Commonwealth shall proceed immediately to comply with the

advertising requirements of section 1 of Article XI of the

Constitution of Pennsylvania and shall transmit the required

advertisements to two newspapers in every county in which such

newspapers are published in sufficient time after passage of

these proposed constitutional amendments. The Secretary of the

Commonwealth shall submit the proposed constitutional amendments

under section 1 to the qualified electors of this Commonwealth

as a single ballot question at the first primary, general or

municipal election which meets the requirements of and is in

conformance with section 1 of Article XI of the Constitution of

Pennsylvania and which occurs at least three months after the

proposed constitutional amendments are passed by the General

Assembly. Upon approval of the amendments by the electors, there

shall be a vacancy in the office of the Secretary of

Environmental Protection which shall be filled as provided

herein.