PRIOR PASSAGE - NONE PRINTER'S NO. 924
No. 757 Session of 2003
INTRODUCED BY JUBELIRER, CORMAN, KUKOVICH, DENT, COSTA, EARLL, LOGAN, GREENLEAF, HELFRICK, LEMMOND, MOWERY, PILEGGI, RAFFERTY, TARTAGLIONE, TOMLINSON, WAUGH, D. WHITE, M. WHITE, ARMSTRONG, ROBBINS, STACK, PUNT AND SCARNATI, JUNE 4, 2003
REFERRED TO STATE GOVERNMENT, JUNE 4, 2003
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 No member of Congress or other person holding any office (except
17 of attorney-at-law or in the National Guard or in a reserve
1 component of the armed forces of the United States) under the 2 United States or this Commonwealth to which a salary, fee or 3 perquisite is attached shall be a member of either House during 4 his continuance in office. 5 (2) That section 14 of Article IV be amended to read: 6 § 14. Vacancy in office of Lieutenant Governor. 7 (a) In case of the death, conviction on impeachment, failure 8 to qualify or resignation of the Lieutenant Governor, [or in 9 case he should become] the Governor shall appoint, in accordance 10 with section 8 of this article, a Lieutenant Governor who shall 11 take office upon confirmation by a majority vote of all members 12 elected to the Senate and shall serve for the remainder of the 13 term. 14 (b) Where the Lieutenant Governor becomes Governor under 15 section 13 of this article, [the President pro tempore of the 16 Senate shall become Lieutenant Governor for the remainder of the 17 term.] he shall appoint, in accordance with section 8 of this 18 article, a Lieutenant Governor, who shall take office upon 19 confirmation by a majority vote of all members elected to the 20 Senate and shall serve for the remainder of the term. 21 (c) Should the Governor appoint any member of the Senate or 22 House of Representatives to serve as Lieutenant Governor, the 23 appointee's seat as Senator or Representative shall become 24 vacant upon confirmation and shall be filled by election as any 25 other vacancy in the General Assembly. 26 (d) In case of the disability of the Lieutenant Governor, 27 the powers, duties and emoluments of the office shall devolve 28 upon the President pro tempore of the Senate until the 29 disability is removed. [Should there be no Lieutenant Governor, 30 the President pro tempore of the Senate shall become Governor if 20030S0757B0924 - 2 -
1 a vacancy shall occur in the office of Governor and in] 2 (e) If, by reason of death, resignation, removal from 3 office, inability or failure to qualify, there is neither a 4 Governor nor Lieutenant Governor to discharge the powers and 5 duties of the office of Governor, then the President pro tempore 6 of the Senate shall become Governor for the remainder of the 7 term. The President pro tempore's seat as Senator shall become 8 vacant when he becomes Governor and shall be filled by election 9 as any other vacancy in the Senate. 10 (f) If, by reason of death, resignation, removal from 11 office, inability or failure to qualify, there is no Lieutenant 12 Governor to discharge the powers and duties of the office of 13 Governor in the case of the disability of the Governor, the 14 powers, duties and emoluments of the office of Governor shall 15 devolve upon the President pro tempore of the Senate who shall 16 act as Governor until the disability is removed. [His seat as 17 Senator shall become vacant whenever he shall become Governor 18 and shall be filled by election as any other vacancy in the 19 Senate.] 20 Section 2. (a) Upon the first passage by the General 21 Assembly of these proposed constitutional amendments, the 22 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 these proposed constitutional amendments. 28 (b) Upon the second passage by the General Assembly of these 29 proposed constitutional amendments, the Secretary of the 30 Commonwealth shall proceed immediately to comply with the 20030S0757B0924 - 3 -
1 advertising requirements of section 1 of Article XI of the 2 Constitution of Pennsylvania and shall transmit the required 3 advertisements to two newspapers in every county in which such 4 newspapers are published in sufficient time after passage of 5 these proposed constitutional amendments. The Secretary of the 6 Commonwealth shall submit the proposed constitutional amendments 7 under section 1 to the qualified electors of this Commonwealth 8 as a single ballot question at the first primary, general or 9 municipal election which meets the requirements of and is in 10 conformance with section 1 of Article XI of the Constitution of 11 Pennsylvania and which occurs at least three months after the 12 proposed constitutional amendments are passed by the General 13 Assembly. E12L83JAM/20030S0757B0924 - 4 -