Bill Text: PA SB108 | 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, further providing for disqualification to hold other office and for vacancy in the office of Lieutenant Governor.

Spectrum: Moderate Partisan Bill (Republican 19-4)

Status: (Introduced - Dead) 2009-01-29 - Referred to STATE GOVERNMENT [SB108 Detail]

Download: Pennsylvania-2009-SB108-Introduced.html

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PRINTER'S NO. 82
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 108 Session of2009
INTRODUCED BY CORMAN, PILEGGI, BROWNE, EICHELBERGER, FOLMER, ORIE, ALLOWAY, BAKER, BRUBAKER, COSTA, EARLL, ERICKSON, FERLO, GORDNER, MUSTO, PICCOLA, ROBBINS, TOMLINSON, VANCE, D. WHITE AND PIPPY, JANUARY 29, 2009
REFERRED TO STATE GOVERNMENT, JANUARY 29, 2009
A JOINT RESOLUTION
Proposing integrated amendments to the Constitution of the
Commonwealth of Pennsylvania, further providing for
disqualification to hold other office and for vacancy in the
office of Lieutenant Governor.
The General Assembly of the Commonwealth of Pennsylvania
hereby resolves as follows:
Section 1. The following integrated amendments to the
Constitution of Pennsylvania are proposed in accordance with
Article XI:
(1) That section 6 of Article II be amended to read:
§ 6. Disqualification to hold other office.
No Senator or Representative shall, during the time for which
he was elected, be appointed to any civil office under this
Commonwealth to which a salary, fee or perquisite is attached
other than Lieutenant Governor pursuant to section 14 of Article
IV. No member of Congress or other 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 to which a salary,
fee or perquisite is attached shall be a member of either House
during his continuance in office.
(2) That section 14 of Article IV be amended to read:
§ 14. Vacancy in office of Lieutenant Governor.
(a) In case of the death, conviction on impeachment, failure
to qualify or resignation of the Lieutenant Governor, [or in
case he should become] the Governor shall appoint, in accordance
with section 8 of this article, a Lieutenant Governor. The
appointment shall be subject to the consent of a majority of the
members elected to the Senate. The appointee upon approval shall
serve for the remainder of the term.
(b) Whenever the Lieutenant Governor becomes Governor under
section 13 of this article, [the President pro tempore of the
Senate shall become Lieutenant Governor for the remainder of the
term.] he shall appoint, in accordance with section 8 of this
article, a Lieutenant Governor. The appointment shall be subject
to the consent of a majority of the members elected to the
Senate. The appointee upon approval shall serve for the
remainder of the term.
(c) Should the Governor appoint a member of the General
Assembly as Lieutenant Governor, upon becoming Lieutenant
Governor the appointee's seat as a member of the General
Assembly shall become vacant and shall be filled by election as
any other vacancy in the General Assembly.
(d) In case of the disability of the Lieutenant Governor,
the powers, duties and emoluments of the office shall devolve
upon the President pro tempore of the Senate until the
disability is removed. [Should there be no Lieutenant Governor,
the President pro tempore of the Senate shall become Governor if
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a vacancy shall occur in the office of Governor and in]
(e) If, by reason of death, resignation, removal from
office, inability or failure to qualify, there is neither a
Governor nor Lieutenant Governor to discharge the powers and
duties of the office of Governor, the President pro tempore of
the Senate shall become Governor for the remainder of the term
and his seat as Senator shall become vacant whenever he becomes
Governor and shall be filled by election as any other vacancy in
the Senate.
(f) If, by reason of death, resignation, removal from
office, inability or failure to qualify, there is no Lieutenant
Governor to discharge the powers and duties of the office of
Governor in the case of the disability of the Governor, the
powers, duties and emoluments of the office of Governor, other
than the authority provided under this section to appoint a
Lieutenant Governor, shall devolve upon the President pro
tempore of the Senate who shall act as Governor until the
disability is removed. [His seat as Senator shall become vacant
whenever he shall become Governor and shall be filled by
election as any other vacancy in the Senate.]
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
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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
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.
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