A JOINT RESOLUTION

 

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

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

9Section 1. The following integrated amendments to the 
10Constitution of Pennsylvania are proposed in accordance with 
11Article XI:

12(1) That section 9 of Article II be amended to read:

13§ 9. Election of officers; judge of election and qualifications
14of members.

15The Senate shall, at the beginning and close of each regular
16session and at such other times as may be necessary, elect one
17of its members President pro tempore[, who shall perform the

1duties of the Lieutenant Governor, in any case of absence or
2disability of that officer, and whenever the said office of
3Lieutenant Governor shall be vacant]. The House of
4Representatives shall elect one of its members as Speaker. Each
5House shall choose its other officers, and shall judge of the
6election and qualifications of its members.

7(2) That section 1 of Article IV be amended to read:

8§ 1. Executive Department.

9The Executive Department of this Commonwealth shall consist
10of a Governor, [Lieutenant Governor,] Attorney General, Auditor
11General, State Treasurer, and Superintendent of Public
12Instruction and such other officers as the General Assembly may
13from time to time prescribe.

14(3) That section 4 of Article IV be amended to read:

15[§ 4. Lieutenant Governor.

16A Lieutenant Governor shall be chosen jointly with the
17Governor by the casting by each voter of a single vote
18applicable to both offices, for the same term, and subject to
19the same provisions as the Governor; he shall be President of
20the Senate. As such, he may vote in case of a tie on any
21question except the final passage of a bill or joint resolution,
22the adoption of a conference report or the concurrence in
23amendments made by the House of Representatives.]

24(4) That section 5 of Article IV be amended to read:

25§ 5. Qualifications of Governor[, Lieutenant Governor] and
26Attorney General.

27No person shall be eligible to the office of Governor[,
28Lieutenant Governor] or Attorney General except a citizen of the
29United States, who shall have attained the age of 30 years, and
30have been seven years next preceding his election an inhabitant

1of this Commonwealth, unless he shall have been absent on the
2public business of the United States or of this Commonwealth. No
3person shall be eligible to the office of Attorney General
4except a member of the bar of the Supreme Court of Pennsylvania.

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

6§ 6. Disqualification for offices of Governor[, Lieutenant
7Governor] and Attorney General.

8No member of Congress or person holding any office (except of
9attorney-at-law or in the National Guard or in a reserve
10component of the armed forces of the United States) under the
11United States or this Commonwealth shall exercise the office of
12Governor[, Lieutenant Governor] or Attorney General.

13(6) That section 9 of Article IV be amended to read:

14§ 9. Pardoning power; Board of Pardons.

15(a) In all criminal cases except impeachment the Governor
16shall have power to remit fines and forfeitures, to grant
17reprieves, commutation of sentences and pardons; but no pardon
18shall be granted, nor sentence commuted, except on the
19recommendation in writing of a majority of the Board of Pardons,
20and, in the case of a sentence of death or life imprisonment, on
21the unanimous recommendation in writing of the Board of Pardons,
22after full hearing in open session, upon due public notice. The
23recommendation, with the reasons therefor at length, shall be
24delivered to the Governor and a copy thereof shall be kept on
25file in the office of the [Lieutenant] Governor in a docket kept
26for that purpose.

27(b) The Board of Pardons shall consist of the [Lieutenant
28Governor] Attorney General who shall be chairman[, the Attorney
29General and three] and four members appointed by the Governor
30with the consent of a majority of the members elected to the

1Senate for terms of six years. The [three] members appointed by
2the Governor shall be residents of Pennsylvania. One shall be a
3crime victim, one a corrections expert [and the third], one a
4doctor of medicine, psychiatrist or psychologist and one a law 
5enforcement officer. The board shall keep records of its
6actions, which shall at all times be open for public inspection.

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

8§ 13. When [Lieutenant Governor] President pro tempore of the<- 
9Senate to act as Governor.

10(a) In the case of the death, conviction on impeachment,
11failure to qualify or resignation of the Governor, the
12[Lieutenant Governor] President <-pro tempore of the Senate shall
13become Governor for the remainder of the term [and in] if there 
14are fewer than 60 days remaining to that term or, if there are 
1560 days or more remaining to that term, the President <-pro 
16tempore of the Senate shall become Governor until a special 
17election is convened and a Governor is sworn in as provided by 
18law.

19(b) In the case of the disability of the Governor, the
20powers, duties and emoluments of the office shall devolve upon
21the [Lieutenant Governor] President <-pro tempore of the Senate
22until the disability is removed <-or if there are fewer than 60 
23days remaining to the term of office for the Governor or, if 
24there are 60 days or more remaining to the term of office for 
25the Governor, the President pro tempore of the Senate shall 
26become Governor until a special election is convened and a 
27Governor is sworn in as provided by law.

<-28(8) That section 14 of Article IV be amended to read:

29[§ 14. Vacancy in office of Lieutenant Governor.

30In case of the death, conviction on impeachment, failure to

1qualify or resignation of the Lieutenant Governor, or in case he
2should become Governor under section 13 of this article, the
3President pro tempore of the Senate shall become Lieutenant
4Governor for the remainder of the term. In case of the
5disability of the Lieutenant Governor, the powers, duties and
6emoluments of the office shall devolve upon the President pro
7tempore of the Senate until the disability is removed. Should
8there be no Lieutenant Governor, the President pro tempore of
9the Senate shall become Governor if a vacancy shall occur in the
10office of Governor and in case of the disability of the
11Governor, the powers, duties and emoluments of the office shall
12devolve upon the President pro tempore of the Senate until the
13disability is removed. His seat as Senator shall become vacant
14whenever he shall become Governor and shall be filled by
15election as any other vacancy in the Senate.]

<-16(8) (9) That section 17 of Article IV be amended to read:

17§ 17. Contested elections of Governor[, Lieutenant Governor]
18and Attorney General; when succeeded.

19The Chief Justice of the Supreme Court shall preside upon the
20trial of any contested election of Governor[, Lieutenant
21Governor] or Attorney General and shall decide questions
22regarding the admissibility of evidence, and shall, upon request
23of the committee, pronounce his opinion upon other questions of
24law involved in the trial. The Governor[, Lieutenant Governor]
25and Attorney General shall exercise the duties of their
26respective offices until their successors shall be duly
27qualified.

<-28(9) (10) That section 7 of Article VI be amended to read:

29§ 7. Removal of civil officers.

30All civil officers shall hold their offices on the condition

1that they behave themselves well while in office, and shall be
2removed on conviction of misbehavior in office or of any
3infamous crime. Appointed civil officers, other than judges of
4the courts of record, may be removed at the pleasure of the
5power by which they shall have been appointed. All civil
6officers elected by the people, except the Governor, [the
7Lieutenant Governor,] members of the General Assembly and judges
8of the courts of record, shall be removed by the Governor for
9reasonable cause, after due notice and full hearing, on the
10address of two-thirds of the Senate.

11Section 2. The following separate and distinct amendments to
12the Constitution are proposed in accordance with Article XI:

13(1) That section 16 of Article II be amended to read:

14§ 16. Legislative districts.

15The Commonwealth shall be divided into [50] 45 senatorial and 
16203 representative districts, which shall be composed of compact 
17and contiguous territory as nearly equal in population as 
18practicable. Each senatorial district shall elect one Senator, 
19and each representative district one Representative. Unless 
20absolutely necessary no county, city, incorporated town, 
21borough, township or ward shall be divided in forming either a 
22senatorial or representative district.

23(2) That section 2 of Article V be amended to read:

24§ 2. Supreme Court.

25The Supreme Court (a) shall be the highest court of the
26Commonwealth and in this court shall be reposed the supreme
27judicial power of the Commonwealth;

28(b) shall consist of [seven] five justices, one of whom
29shall be the Chief Justice; and

30(c) shall have such jurisdiction as shall be provided by

1law.

2(3) That section 3 of Article V be amended to read:

3§ 3. Superior Court.

4The Superior Court shall be a statewide court, and shall
5consist of the number of judges, which shall be not less than
6seven judges and not more than eleven judges, and have such
7jurisdiction as shall be provided by this Constitution or by the
8General Assembly. One of its judges shall be the president
9judge.

10Section 3. (a) Upon the first passage by the General
11Assembly of the proposed integrated constitutional amendments
12under section 1, the Secretary of the Commonwealth shall proceed
13immediately to comply with the advertising requirements of
14section 1 of Article XI of the Constitution of Pennsylvania and
15shall transmit the required advertisements to two newspapers in
16every county in which such newspapers are published in
17sufficient time after passage of these proposed constitutional
18amendments.

19(b) Upon the second passage by the General Assembly of the
20proposed integrated constitutional amendments under section 1,
21the Secretary of the Commonwealth shall proceed immediately to
22comply with the advertising requirements of section 1 of Article
23XI of the Constitution of Pennsylvania and shall transmit the
24required advertisements to two newspapers in every county in
25which such newspapers are published in sufficient time after
26passage of the proposed constitutional amendments under section
271. The Secretary of the Commonwealth shall submit the proposed
28constitutional amendments under section 1 as a single ballot
29question to the qualified electors of this Commonwealth at the
30first primary, general or municipal election which meets the

1requirements of and is in conformance with section 1 of Article
2XI of the Constitution of Pennsylvania and which occurs at least
3three months after the proposed integrated constitutional
4amendments under section 1 are passed by the General Assembly.

5(c) Upon <-approval ratification by the electors of the
6proposed integrated constitutional amendments under section 1 <-by 
7the qualified electors of this Commonwealth, any act or part of
8an act of the General Assembly that is in effect upon such
9approval and that refers to the Lieutenant Governor shall not be
10deemed to include the Lieutenant Governor, and where such act or
11part of an act requires the Lieutenant Governor to have any
12power or to exercise any duty, such power or duty shall be
13abolished following the expiration of the current Lieutenant
14Governor's term of office.

15Section 4. (a) Upon the first passage by the General
16Assembly of the <-three separate and distinct proposed
17constitutional amendments under section 2, the Secretary of the
18Commonwealth shall proceed immediately to comply with the
19advertising requirements of section 1 of Article XI of the
20Constitution of Pennsylvania and shall transmit the required
21advertisements to two newspapers in every county in which such
22newspapers are published in sufficient time after passage of
23the <-three separate and distinct proposed constitutional
24amendments under section 2.

25(b) Upon the second passage by the General Assembly of the 
<-26three separate and distinct proposed constitutional amendments 
27under section 2, the Secretary of the Commonwealth shall proceed
28immediately to comply with the advertising requirements of
29section 1 of Article XI of the Constitution of Pennsylvania and
30shall transmit the required advertisements to two newspapers in

1every county in which such newspapers are published in
2sufficient time after passage of the <-three separate and distinct
3proposed constitutional amendments under section 2. The
4Secretary of the Commonwealth shall submit the <-three separate 
5and distinct proposed constitutional amendments under section 2 
6as separate ballot questions to the qualified electors of this
7Commonwealth at the first primary, general or municipal election
8which meets the requirements of and is in conformance with
9section 1 of Article XI of the Constitution of Pennsylvania and
10which occurs at least three months after the <-three separate and 
11distinct proposed constitutional amendments under section 2 are
12passed by the General Assembly.

13Section 5. Upon ratification by the electors, the General 
14Assembly shall enact legislation to implement the amendment of 
15section 16 of article ii of the Constitution of Pennsylvania so 
16that it applies for the first time to the first session of the 
17General Assembly which begins after the <-2020 reapportionment 
<-18following the 2020 Federal decennial census.

19Section 6. <-The Senate and House of Representatives, upon 
20the effective date of the amendment of section 16 of Article II 
21of the Constitution of Pennsylvania, shall each reduce their 
22budgets by 40% compared to the budgets of the prior year. <-Upon 
23ratification by the electors, the General Assembly shall enact 
24legislation to implement the amendment of section 2 of Article V 
25of the Constitution of Pennsylvania so that it applies for the 
26first time when a vacancy exists on the Supreme Court and does 
27not apply to any current member of the Supreme Court.

28Section 7. Upon ratification by the electors, the General 
29Assembly shall enact legislation to implement the amendment of 
30section 3 of Article V of the Constitution of Pennsylvania so
 

1that it applies for the first time when a vacancy exists on the 
2Superior Court and does not apply to any current member of the 
3Superior Court.