PRIOR PASSAGE - J.R. 1998-3
PRIOR PRINTER'S NO. 241 PRINTER'S NO. 2191
No. 231 Session of 1999
INTRODUCED BY CONTI, TOMLINSON, EARLL, BELL, MELLOW, LEMMOND,
WAUGH, THOMPSON, WHITE, WOZNIAK, CORMAN AND BRIGHTBILL,
JANUARY 28, 1999
SENATOR TILGHMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED,
OCTOBER 3, 2000
A JOINT RESOLUTION
1 Proposing an amendment AMENDMENTS to the Constitution of the <--
2 Commonwealth of Pennsylvania, PROVIDING FOR THE ELECTION OF <--
3 SENATORS IN CERTAIN CIRCUMSTANCES; AND further providing for
4 retirement of justices, judges and justices of the peace.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby resolves as follows:
7 Section 1. The following amendment to the Constitution of <--
8 Pennsylvania is proposed in accordance with Article XI:
9 That section 16(b) of Article V be amended to read:
10 SECTION 1. THE FOLLOWING DISTINCT AMENDMENTS TO THE <--
11 CONSTITUTION OF PENNSYLVANIA ARE PROPOSED IN ACCORDANCE WITH
12 ARTICLE XI:
13 (1) THAT SECTION 17(F), (G) AND (H) OF ARTICLE II BE AMENDED
14 AND THE SECTION BE AMENDED BY ADDING A SUBSECTION TO READ:
15 § 17. LEGISLATIVE REAPPORTIONMENT COMMISSION.
16 * * *
17 (F) ANY DISTRICT WHICH DOES NOT INCLUDE THE RESIDENCE FROM
1 WHICH A MEMBER OF THE SENATE WAS ELECTED WHETHER OR NOT
2 SCHEDULED FOR ELECTION AT THE NEXT GENERAL ELECTION SHALL ELECT
3 A SENATOR AT SUCH ELECTION.
4 [(F)](G) THE GENERAL ASSEMBLY SHALL APPROPRIATE SUFFICIENT
5 FUNDS FOR THE COMPENSATION AND EXPENSES OF MEMBERS AND STAFF
6 APPOINTED BY THE COMMISSION, AND OTHER NECESSARY EXPENSES. THE
7 MEMBERS OF THE COMMISSION SHALL BE ENTITLED TO SUCH COMPENSATION
8 FOR THEIR SERVICES AS THE GENERAL ASSEMBLY FROM TIME TO TIME
9 SHALL DETERMINE, BUT NO PART THEREOF SHALL BE PAID UNTIL A
10 PRELIMINARY PLAN IS FILED. IF A PRELIMINARY PLAN IS FILED BUT
11 THE COMMISSION FAILS TO FILE A REVISED OF FINAL PLAN WITHIN THE
12 TIME PRESCRIBED, THE COMMISSION MEMBERS SHALL FORFEIT ALL RIGHT
13 TO COMPENSATION NOT PAID.
14 [(G)](H) IF A PRELIMINARY, REVISED OR FINAL REAPPORTIONMENT
15 PLAN IS NOT FILE BY THE COMMISSION WITHIN THE TIME PRESCRIBED BY
16 THIS SECTION, UNLESS THE TIME BE EXTENDED BY THE SUPREME COURT
17 FOR CAUSE SHOWN, THE SUPREME COURT SHALL IMMEDIATELY PROCEED ON
18 ITS OWN MOTION TO REAPPORTION THE COMMONWEALTH.
19 [(H)](I) ANY REAPPORTIONMENT PLAN FILED BY THE COMMISSION,
20 OR ORDERED OR PREPARED BY THE SUPREME COURT UPON THE FAILURE OF
21 THE COMMISSION TO ACT, SHALL BE PUBLISHED BY THE ELECTIONS
22 OFFICER ONCE IN AT LEAST ONE NEWSPAPER OF GENERAL CIRCULATION IN
23 EACH SENATORIAL AND REPRESENTATIVE DISTRICT. THE PUBLICATION
24 SHALL CONTAIN A MAP OF THE COMMONWEALTH SHOWING THE COMPLETE
25 REAPPORTIONMENT OF THE GENERAL ASSEMBLY BY DISTRICTS, AND A MAP
26 SHOWING THE REAPPORTIONMENT DISTRICTS IN THE AREA NORMALLY
27 SERVED BY THE NEWSPAPER IN WHICH THE PUBLICATION IS MADE. THE
28 PUBLICATION SHALL ALSO STATE THE POPULATION OF THE SENSATIONAL
29 AND REPRESENTATIVE DISTRICTS HAVING THE SMALLEST AND LARGEST
30 POPULATION AND THE PERCENTAGE VARIATION OF SUCH DISTRICTS FROM
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1 THE AVERAGE POPULATION FOR SENATORIAL AND REPRESENTATIVE
2 DISTRICTS.
3 (2) THAT SECTION 16(B) OF ARTICLE V BE AMENDED TO READ:
4 § 16. Compensation and retirement of justices, judges and
5 justices of the peace.
6 * * *
7 (b) Justices, judges and justices of the peace shall be
8 retired [upon attaining] on the last day of the calendar year in
9 which they attain the age of 70 years. Former and retired
10 justices, judges and justices of the peace shall receive such
11 compensation as shall be provided by law. Except as provided by
12 law, no salary, retirement benefit or other compensation,
13 present or deferred, shall be paid to any justice, judge or
14 justice of the peace who, under section 18 or under Article VI,
15 is suspended, removed or barred from holding judicial office for
16 conviction of a felony or misconduct in office or conduct which
17 prejudices the proper administration of justice or brings the
18 judicial office into disrepute.
19 * * *
20 Section 2. Upon the second passage by the General Assembly
21 of this THESE TWO proposed constitutional amendment AMENDMENTS, <--
22 the 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 this THESE proposed constitutional amendment <--
28 AMENDMENTS. The Secretary of the Commonwealth shall submit this <--
29 BOTH proposed constitutional amendment AMENDMENTS to the <--
30 qualified electors of this Commonwealth AS SEPARATE BALLOT <--
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1 QUESTIONS at the first primary, general or municipal election
2 occurring at least three months after the proposed
3 constitutional amendment is AMENDMENTS ARE passed by the General <--
4 Assembly which meets the requirements of and is in conformance
5 with section 1 of Article XI of the Constitution of
6 Pennsylvania.
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