A JOINT RESOLUTION

 

1Proposing <-an amendment integrated amendments and separate and 
2distinct amendments to the Constitution of the Commonwealth
3of Pennsylvania, <-abolishing the Office of Lieutenant 
4Governor;<- reducing the size of the General Assembly; and 
5reducing the size of the Supreme Court and the Superior 
6Court.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby resolves as follows:

<-9Section 1. The following amendment to the Constitution of
10Pennsylvania is proposed in accordance with Article XI:

11That section 16 of Article II be amended to read:

12§ 16. Legislative districts.

13The Commonwealth shall be divided into [50] 30 senatorial and
14[203] 121 representative districts, which shall be composed of
15compact and contiguous territory as nearly equal in population
16as practicable. Each senatorial district shall elect one
17Senator, and each representative district one Representative.
18Unless absolutely necessary no county, city, incorporated town,

1borough, township or ward shall be divided in forming either a
2senatorial or representative district.

<-3Section 1. The following integrated amendments to the
4Constitution of Pennsylvania are proposed in accordance with
5Article XI:

6(1) That section 9 of Article II be amended to read:

7§ 9. Election of officers; judge of election and qualifications
8of members.

9The Senate shall, at the beginning and close of each regular
10session and at such other times as may be necessary, elect one
11of its members President pro tempore[, who shall perform the
12duties of the Lieutenant Governor, in any case of absence or
13disability of that officer, and whenever the said office of
14Lieutenant Governor shall be vacant]. The House of
15Representatives shall elect one of its members as Speaker. Each
16House shall choose its other officers, and shall judge of the
17election and qualifications of its members.

18(2) That section 1 of Article IV be amended to read:

19§ 1. Executive Department.

20The Executive Department of this Commonwealth shall consist
21of a Governor, [Lieutenant Governor,] Attorney General, Auditor
22General, State Treasurer, and Superintendent of Public
23Instruction and such other officers as the General Assembly may
24from time to time prescribe.

25(3) That section 4 of Article IV be amended to read:

26[§ 4. Lieutenant Governor.

27A Lieutenant Governor shall be chosen jointly with the
28Governor by the casting by each voter of a single vote
29applicable to both offices, for the same term, and subject to
30the same provisions as the Governor; he shall be President of

1the Senate. As such, he may vote in case of a tie on any
2question except the final passage of a bill or joint resolution,
3the adoption of a conference report or the concurrence in
4amendments made by the House of Representatives.]

5(4) That section 5 of Article IV be amended to read:

6§ 5. Qualifications of Governor[, Lieutenant Governor] and
7Attorney General.

8No person shall be eligible to the office of Governor[,
9Lieutenant Governor] or Attorney General except a citizen of the
10United States, who shall have attained the age of 30 years, and
11have been seven years next preceding his election an inhabitant
12of this Commonwealth, unless he shall have been absent on the
13public business of the United States or of this Commonwealth. No
14person shall be eligible to the office of Attorney General
15except a member of the bar of the Supreme Court of Pennsylvania.

16(5) That section 6 of Article IV be amended to read:

17§ 6. Disqualification for offices of Governor[, Lieutenant
18Governor] and Attorney General.

19No member of Congress or person holding any office (except of
20attorney-at-law or in the National Guard or in a reserve
21component of the armed forces of the United States) under the
22United States or this Commonwealth shall exercise the office of
23Governor[, Lieutenant Governor] or Attorney General.

24(6) That section 9 of Article IV be amended to read:

25§ 9. Pardoning power; Board of Pardons.

26(a) In all criminal cases except impeachment the Governor
27shall have power to remit fines and forfeitures, to grant
28reprieves, commutation of sentences and pardons; but no pardon
29shall be granted, nor sentence commuted, except on the
30recommendation in writing of a majority of the Board of Pardons,

1and, in the case of a sentence of death or life imprisonment, on
2the unanimous recommendation in writing of the Board of Pardons,
3after full hearing in open session, upon due public notice. The
4recommendation, with the reasons therefor at length, shall be
5delivered to the Governor and a copy thereof shall be kept on
6file in the office of the [Lieutenant] Governor in a docket kept
7for that purpose.

8(b) The Board of Pardons shall consist of the [Lieutenant
9Governor] Attorney General who shall be chairman[, the Attorney
10General and three] and four members appointed by the Governor
11with the consent of a majority of the members elected to the
12Senate for terms of six years. The [three] members appointed by
13the Governor shall be residents of Pennsylvania. One shall be a
14crime victim, one a corrections expert [and the third], one a
15doctor of medicine, psychiatrist or psychologist and one a law 
16enforcement officer. The board shall keep records of its
17actions, which shall at all times be open for public inspection.

18(7) That section 13 of Article IV be amended to read:

19§ 13. When [Lieutenant Governor] President pro tempore of the 
20Senate to act as Governor.

21(a) In the case of the death, conviction on impeachment,
22failure to qualify or resignation of the Governor, the
23[Lieutenant Governor] President pro tempore of the Senate shall
24become Governor for the remainder of the term [and in] if there 
25are fewer than 60 days remaining to that term or, if there are 
2660 days or more remaining to that term, the President pro 
27tempore of the Senate shall become Governor until a special 
28election is convened and a Governor is sworn in as provided by 
29law.

30(b) In the case of the disability of the Governor, the

1powers, duties and emoluments of the office shall devolve upon
2the [Lieutenant Governor] President pro tempore of the Senate
3until the disability is removed or if there are fewer than 60 
4days remaining to the term of office for the Governor or, if 
5there are 60 days or more remaining to the term of office for 
6the Governor, the President pro tempore of the Senate shall 
7become Governor until a special election is convened and a 
8Governor is sworn in as provided by law.

9(8) That section 17 of Article IV be amended to read:

10§ 17. Contested elections of Governor[, Lieutenant Governor]
11and Attorney General; when succeeded.

12The Chief Justice of the Supreme Court shall preside upon the
13trial of any contested election of Governor[, Lieutenant
14Governor] or Attorney General and shall decide questions
15regarding the admissibility of evidence, and shall, upon request
16of the committee, pronounce his opinion upon other questions of
17law involved in the trial. The Governor[, Lieutenant Governor]
18and Attorney General shall exercise the duties of their
19respective offices until their successors shall be duly
20qualified.

21(9) That section 7 of Article VI be amended to read:

22§ 7. Removal of civil officers.

23All civil officers shall hold their offices on the condition
24that they behave themselves well while in office, and shall be
25removed on conviction of misbehavior in office or of any
26infamous crime. Appointed civil officers, other than judges of
27the courts of record, may be removed at the pleasure of the
28power by which they shall have been appointed. All civil
29officers elected by the people, except the Governor, [the
30Lieutenant Governor,] members of the General Assembly and judges

1of the courts of record, shall be removed by the Governor for
2reasonable cause, after due notice and full hearing, on the
3address of two-thirds of the Senate.

4Section 2. The following separate and distinct amendments to
5the Constitution are proposed in accordance with Article XI:

6(1) That section 16 of Article II be amended to read:

7§ 16. Legislative districts.

8The Commonwealth shall be divided into [50] 45 senatorial and 
9203 representative districts, which shall be composed of compact 
10and contiguous territory as nearly equal in population as 
11practicable. Each senatorial district shall elect one Senator, 
12and each representative district one Representative. Unless 
13absolutely necessary no county, city, incorporated town, 
14borough, township or ward shall be divided in forming either a 
15senatorial or representative district.

16(2) That section 2 of Article V be amended to read:

17§ 2. Supreme Court.

18The Supreme Court (a) shall be the highest court of the
19Commonwealth and in this court shall be reposed the supreme
20judicial power of the Commonwealth;

21(b) shall consist of [seven] five justices, one of whom
22shall be the Chief Justice; and

23(c) shall have such jurisdiction as shall be provided by
24law.

25(3) That section 3 of Article V be amended to read:

26§ 3. Superior Court.

27The Superior Court shall be a statewide court, and shall
28consist of the number of judges, which shall be not less than
29seven judges and not more than eleven judges, and have such
30jurisdiction as shall be provided by this Constitution or by the

1General Assembly. One of its judges shall be the president
2judge.

3Section 3. (a) Upon the first passage by the General
4Assembly of the proposed integrated constitutional amendments
5under section 1, the Secretary of the Commonwealth shall proceed
6immediately to comply with the advertising requirements of
7section 1 of Article XI of the Constitution of Pennsylvania and
8shall transmit the required advertisements to two newspapers in
9every county in which such newspapers are published in
10sufficient time after passage of these proposed constitutional
11amendments.

12(b) Upon the second passage by the General Assembly of the
13proposed integrated constitutional amendments under section 1,
14the Secretary of the Commonwealth shall proceed immediately to
15comply with the advertising requirements of section 1 of Article
16XI of the Constitution of Pennsylvania and shall transmit the
17required advertisements to two newspapers in every county in
18which such newspapers are published in sufficient time after
19passage of the proposed constitutional amendments under section
201. The Secretary of the Commonwealth shall submit the proposed
21constitutional amendments under section 1 as a single ballot
22question to the qualified electors of this Commonwealth at the
23first primary, general or municipal election which meets the
24requirements of and is in conformance with section 1 of Article
25XI of the Constitution of Pennsylvania and which occurs at least
26three months after the proposed integrated constitutional
27amendments under section 1 are passed by the General Assembly.

28(c) Upon approval of the proposed integrated constitutional
29amendments under section 1 by the qualified electors of this
30Commonwealth, any act or part of an act of the General Assembly

1that is in effect upon such approval and that refers to the
2Lieutenant Governor shall not be deemed to include the
3Lieutenant Governor, and where such act or part of an act
4requires the Lieutenant Governor to have any power or to
5exercise any duty, such power or duty shall be abolished
6following the expiration of the current Lieutenant Governor's
7term of office.

8Section <-2 4. (a) Upon the first passage by the General
9Assembly of <-this the separate and distinct proposed
10constitutional <-amendment amendments under section 2, the
11Secretary of the Commonwealth shall proceed immediately to
12comply with the advertising requirements of section 1 of Article
13XI of the Constitution of Pennsylvania and shall transmit the
14required advertisements to two newspapers in every county in
15which such newspapers are published in sufficient time after
16passage of <-this the separate and distinct proposed
17constitutional <-amendment amendments under section 2.

18(b) Upon the second passage by the General Assembly of <-this 
19the separate and distinct proposed constitutional <-amendment 
<-20amendments under section 2, the Secretary of the Commonwealth
21shall proceed immediately to comply with the advertising
22requirements of section 1 of Article XI of the Constitution of
23Pennsylvania and shall transmit the required advertisements to
24two newspapers in every county in which such newspapers are
25published in sufficient time after passage of <-this the separate 
26and distinct proposed constitutional <-amendment amendments under 
27section 2. The Secretary of the Commonwealth shall submit <-this 
28the separate and distinct proposed constitutional <-amendment 
<-29amendments under section 2 as separate ballot questions to the
30qualified electors of this Commonwealth at the first primary,

1general or municipal election which meets the requirements of
2and is in conformance with section 1 of Article XI of the
3Constitution of Pennsylvania and which occurs at least three
4months after <-the the separate and distinct proposed
5constitutional amendment is <-amendments under section 2 are
6passed by the General Assembly.

7Section <-3. The amendment of section 16 of Article II of the
8Constitution of Pennsylvania shall become effective after the
92010 Federal census reapportionment.

10Section 5. Upon ratification<- by the electors, the General
11Assembly shall enact legislation to implement the amendment of
12section 16 of article ii of the Constitution of Pennsylvania so
13that it applies for the first time to the first session of the
14General Assembly which begins after the 2020 reapportionment.

15Section 4<- 6. The Senate and House of Representatives, upon 
16the effective date of the amendment of section 16 of Article II 
17of the Constitution of Pennsylvania, shall each reduce their 
18budgets by 40% compared to the budgets of the prior year.