Bill Text: PA HB1363 | 2009-2010 | Regular Session | Introduced

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Bill Title: A Joint Resolution proposing integrated amendments to the Constitution of the Commonwealth of Pennsylvania, providing for the election of the Insurance Commissioner and for the qualifications thereof.

Spectrum: Moderate Partisan Bill (Democrat 9-2)

Status: (Introduced - Dead) 2009-12-14 - Re-committed to APPROPRIATIONS [HB1363 Detail]

Download: Pennsylvania-2009-HB1363-Introduced.html

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PRINTER'S NO. 1647
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1363 Session of2009
INTRODUCED BY GOODMAN, BELFANTI, CUTLER, GIBBONS, HARKINS, MURPHY, M. O'BRIEN, PHILLIPS, PRESTON, STURLA AND YOUNGBLOOD, APRIL 27, 2009
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 27, 2009
A JOINT RESOLUTION
Proposing integrated amendments to the Constitution of the
Commonwealth of Pennsylvania, providing for the election of
the Insurance Commissioner; and further providing for the
qualifications thereof.
The General Assembly of the Commonwealth of Pennsylvania
hereby resolves as follows:
Section 1. The following 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. Insurance Commissioner.
An Insurance Commissioner 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 Insurance Department and shall exercise
such powers and perform such duties as may be imposed by law.
The General Assembly shall enact legislation prohibiting
insurance companies and their officers and directors from making
direct and indirect monetary contributions to the political
campaigns of candidates for the office of Insurance
Commissioner. No elected Insurance Commissioner may be employed
directly or indirectly by an insurance company within four years
after serving as Insurance Commissioner.
(2) That section 5 of Article IV be amended to read:
§ 5. Qualifications of Governor, Lieutenant Governor [and],
Attorney General and Insurance Commissioner.
No person shall be eligible to the office of Governor,
Lieutenant Governor [or], Attorney General or Insurance
Commissioner 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 Insurance
Commissioner.
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
Insurance Commissioner.
(4) That section 17 of Article IV be amended to read:
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§ 17. Contested elections of Governor, Lieutenant Governor
[and], Attorney General and Insurance Commissioner;
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 Insurance Commissioner 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 Insurance
Commissioner shall exercise the duties of their respective
offices until their successors shall be duly qualified.
Section 2. (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
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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 Insurance Commissioner
which shall be filled as provided herein.
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