Constitution
for the Pennsylvania
Common Wealth
NOTE: This is current up to November 4, 1997 when three amendments are on the ballot.
WE, the people of the Commonwealth of Pennsylvania,
grateful to Almighty God for the blessings of
civil and religious liberty, and humbly invoking
His guidance, do ordain and establish this
Constitution.
Article 1
DECLARATION OF RIGHTS
That the general, great and essential principles of liberty and
free government may be recognized and unalterably established,
WE DECLARE THAT -
Inherent Rights of Mankind
Section 1.
All men are born equally free and independent, and
have certain inherent and indefeasible rights, among which are
those of enjoying and defending life and liberty, of acquiring,
possessing and protecting property and reputation, and of pursuing
their own happiness.
Political Powers
Section 2.
All power is inherent in the people, and all free
governments are founded on their authority and instituted for their
peace, safety and happiness. For the advancement of these ends
they have at all times an inalienable and indefeasible right to
alter, reform or abolish their government in such manner as they
may think proper.
Religious Freedom
Section 3.
All men have a natural and indefeasible right to
worship Almighty God according to the dictates of their own
consciences; no man can of right be compelled to attend, erect or
support any place of worship or to maintain any ministry against
his consent; no human authority can, in any case whatever, control
or interfere with the rights of conscience, and no preference shall
ever be given by law to any religious establishments or modes of
worship.
Religion
Section 4.
No person who acknowledges the being of a God and a
future state of rewards and punishments shall, on account of his
religious sentiments, be disqualified to hold any office or place
of trust or profit under this Commonwealth.
Elections
Section 5.
Elections shall be free and equal; and no power, civil
or military, shall at any time interfere to prevent the free
exercise of the right of suffrage.
Trial by Jury
Section 6.
Trial by jury shall be as heretofore, and the right
thereof remain inviolate. The General assembly may provide,
however, by law, that a verdict may be rendered by not less than
five-sixths of the jury in any civil case.
Freedom of Press and Speech; Libels
Section 7.
The printing press shall be free to every person who
may undertake to examine the proceedings of the Legislature or any
branch of government, and no law shall ever by made to restrain the
right thereof. The free communication of thoughts and opinions is
one of the invaluable rights of man, and every citizen may freely
speak, write and print on any subject, being responsible for the
abuse of that liberty. No conviction shall be had in any
prosecution for the publication of papers relating to the official
conduct of officers or men in public capacity, or to any other
matter proper for public investigation or information, where the
fact that such publication was not maliciously or negligently made
shall be established to the satisfaction of the jury; and in all
indictments for libels the jury shall have the right to determine
the law and the facts, under the direction of the court, as in
other cases.
Security From Searches and Seizures
Section 8.
The people shall be secure in their persons, houses,
papers and possessions from unreasonable searches and seizures, and
no warrant to search any place or to seize any person or things
shall issue without describing them as nearly as may be, nor
without probable cause, supported by oath or affirmation subscribed
by the affiant.
Rights of Accused in Criminal Prosecutions
Section 9.
In all criminal prosecutions the accused hath a right
to be heard by himself and his counsel, to demand the nature and
cause of the accusation against him, to meet the witnesses face to
face, to have compulsory process for obtaining witnesses in his
favor, and in prosecutions by indictment or information, a speedy
public trial by an impartial jury of the vicinage; he cannot be
compelled to give evidence against himself, nor can he be deprived
of his life, liberty or property, unless by the judgment of his
peers or the law of the land. The use of a suppressed voluntary
admission or voluntary confession to impeach the credibility of a
person may be permitted and shall not be construed as compelling
a person to give evidence against himself.
Initiation of Criminal Proceedings; Twice in Jeopardy; Eminent
Domain
Section 10.
Except as hereinafter provided no person shall, for
any indictable offense, be proceeded against criminally by
information, except in cases arising in the land or naval forces,
or in the militia, when in actual service, in time of war or public
danger, or by leave of the court for oppression or misdemeanor in
office. Each of the several courts of common pleas may, with the
approval of the Supreme Court, provide for the initiation of
criminal proceedings therein by information filed in the manner
provided by law. No person shall, for the same offense, be twice
put in jeopardy of life or limb; nor shall private property be
taken or applied to public use, without authority of law and
without just compensation being first made or secured.
Courts to Be Open; Suits Against the Commonwealth
Section 11.
All courts shall be open; and every man for an injury
done him in his lands, goods, person or reputation shall have
remedy by due course of law, and eight and justice administered
without sale, denial or delay. Suits may be brought against the
Commonwealth in such manner, in such courts and in such cases as
the Legislature may by law direct.
Power of Suspending Laws
Section 12.
No power of suspending laws shall be exercised unless
by the Legislature or by its authority.
Bail, Fines and Punishments
Section 13.
Excessive bail shall not be required, nor excessive
fines imposed, nor cruel punishments inflicted.
Prisoners to be Bailable; Habeas Corpus
Section 14.
All prisoners shall be bailable by sufficient
sureties, unless for capital offenses when the proof is evident of
presumption great; and the privilege of the writ of habeas corpus
shall not be suspended, unless when in case of rebellion or
invasion the public safety may require it.
Special Criminal Tribunals
Section 15.
No commission shall issue creating special temporary
criminal tribunals to try particular individuals or particular
classes of cases.
Insolvent Debtors
Section 16.
The person of a debtor, where there is not strong
presumption of fraud, shall not be continued in prison after
delivering up his estate for the benefit of his creditors in such
manner as shall be prescribed by law.
Ex Post Facto Laws; Impairment of Contracts
Section 17.
No ex post facto law, nor any law impairing the
obligation of contracts, or making irrevocable any grant of special
privileges or immunities, shall be passed.
Attainder
Section 18.
No person shall be attained of treason or felony by
the Legislature.
Attainder Limited
Section 19.
No attainder shall work corruption of blood, nor,
except during the life of the offender, forfeiture of estate to
the Commonwealth.
Right of Petition
Section 20.
The citizens have a right in a peaceable manner to
assemble together for their common good, and to apply to those
invested with the powers of government for redress of grievances
or other proper purposes by petition, address or remonstrance.
Right to Bear Arms
Section 21.
The right of the citizens to bear arms in defense of
themselves and the State shall not be questioned.
Standing Army; Military Subordinate to Civil Power
Section 22.
No standing army shall, in time of peace, be kept up
without the consent of the Legislature, and the military shall in
all cases and at all times be in strict subordination to the civil
power.
Quartering of Troops
Section 23.
No soldier shall in time of peace be quartered in any
house without the consent of the owner, nor in time of war but in
a manner to be prescribed by law.
Titles and Offices
Section 24.
The Legislature shall not grant any title of nobility
of hereditary distinction, nor create any office the appointment
to which shall be for a longer term than during good behavior.
Reservation of Powers in People
Section 25.
To guard against the transgressions of the high
powers which we have delegated, we declare that everything in this
article is excepted out of the general powers of government and
shall forever remain inviolate.
No Discrimination by Commonwealth and Its Political Subdivisions
Section 26.
Neither the Commonwealth nor any political
subdivision thereof shall deny to any person the enjoyment of any
civil right, nor discriminate against any person in the exercise
of any civil right.
Natural Resources and the Public Estate
Section 27.
The people have a right to clean air, pure water, and
to the preservation of the natural, scenic, historic and esthetic
values of the environment. Pennsylvania's public natural resources
are the common property of all the people, including generations
yet to come. As trustee of these resources, the Commonwealth shall
conserve and maintain them for the benefit of all the people.
Prohibition Against Denial or Abridgment of Equality of Rights
Because of Sex
Section 28.
Equality of rights under the law shall not be denied
or abridged in the Commonwealth of Pennsylvania because of the sex
of the individual.
Article II
THE LEGISLATURE
Legislative Power
Section 1.
The legislative power of this Commonwealth shall be
vested in a General Assembly, which shall consist of a Senate and
a House of Representatives.
Election of Members; Vacancies
Section 2.
Members of the General Assembly shall be chosen at the
general election every second year. Their term of service shall
begin on the first day of December next after their election.
Whenever a vacancy shall occur in either House, the presiding
officer thereof shall issue a writ of election to fill such vacancy
for the remainder of the term.
Terms of Members
Section 3.
Senators shall be elected for the term of four years
and Representatives for the term of two years.
Sessions
Section 4.
The General Assembly shall be a continuing body during
the term for which its Representatives are elected. It shall meet
at twelve o'clock noon on the first Tuesday of January each year.
Special sessions shall be called by the Governor on petition of a
majority of the members elected to each House or may be called by
the Governor whenever in his opinion the public interest requires.
Qualifications of Members
Section 5.
Senators shall be at least twenty-five years of age
and Representatives twenty-one years of age. They shall have been
citizens and inhabitants of their respective districts one year
next before their election (unless absent on the public business
of the United States or of this State) and shall reside in their
respective districts during their terms of service.
Disqualification to Hold Other Office
Section 6.
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 of perquisite is attached.
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 of this Commonwealth to which a salary, fee or
perquisite is attached shall be a member of either House during his
continuance in office.
Ineligibility by Criminal Convictions
Section 7.
No person hereafter convicted of embezzlement of
public moneys, bribery, perjury or other infamous crime, shall be
eligible to the General Assembly, or capable of holding any office
of trust or profit in this Commonwealth.
Compensation
Section 8.
The members of the General Assembly shall receive such
salary and mileage for regular and special sessions as shall be
fixed by law, and no other compensation whatever, whether for
service upon committee or otherwise. No member of either House
shall during the term for which he may have been elected, receive
any increase of salary, or mileage, under any law passed during
such term.
Election of Officers; Judge of Election and Qualifications of
Members
Section 9.
The Senate shall, at the beginning and close of each
regular session and at such other times as may be necessary, elect
one of its members President protempore, who shall perform the
duties of the Lieutenant Governor shall be vacant. The House of
Representatives shall elect one of its members as Speaker. Each
House shall choose its other officers, and shall judge of the
election and qualifications of its members.
Quorum
Section 10.
A majority of each House shall constitute a quorum,
but a smaller number may adjourn from day to day and compel the
attendance of absent members.
Powers of Each House; Expulsion
Section 11.
Each House shall have power to determine the rules
of its proceedings and punish its members or other persons for
contempt or disorderly behavior in its presence, to enforce
obedience to its process, to protect its members against violence
or offers of bribes or private solicitation, and, with the
concurrence of two-thirds, to expel a member, but not a second time
for the same cause, and shall have all other powers necessary for
the Legislature of a free State. A member expelled for corruption
shall not thereafter be eligible to either House, and punishment
for contempt or disorderly behavior shall not bar an indictment for
the same offense.
Journals; Yeas and Nays
Section 12.
Each House shall keep a journal of its proceedings
and from time to time publish the same, except such parts as
require secrecy, and the yeas and nays of the members on any
question shall, at the desire of any two of them, be entered on the
journal.
Open Sessions
Section 13.
The sessions of each House and of committees of the
whole shall be open, unless when the business is such as ought to
be kept secret.
Adjournments
Section 14.
Neither House shall, without the consent of the
other, adjourn for more than three days, nor to any other place
than that in which the two Houses shall be sitting.
Privileges of Members
Section 15.
The members of the General Assembly shall in all
cases, except treason, felony, violation of their oath of office,
and breach of surety of the peace, be privileged from arrest during
their attendance at the sessions of their respective Houses and in
going to and returning from the same; and for any speech or debate
in either House they shall not be questioned in any other place.
Legislative Districts
Section 16.
The Commonwealth shall be divided into fifty
senatorial and two hundred three representative districts, which
shall be composed of compact and contiguous territory as nearly
equal in population as practicable. Each senatorial district shall
elect one Senator, and each representative district one
Representative. Unless absolutely necessary no county, city,
incorporated town, borough, township or ward shall be divided in
forming either a senatorial or representative district.
Legislative Reapportionment Commission
Section 17.
(a) In each year following the year of the Federal
decennial census, a Legislative Reapportionment Commission shall
be constituted for the purpose of reapportioning the Commonwealth.
The commission shall act by a majority of its entire membership.
(b) The commission shall consist of five members: four of whom
shall be the majority and minority leaders of both the Senate and
the House of Representatives, or deputies appointed by each of
them, and a chairman selected as hereinafter provided. No later
than 60 days following the official reporting of the Federal
decennial census as required by Federal law, the four members shall
be certified by the President Pro Tempore of the Senate and the
Speaker of the House of Representatives to the elections officer
of the Commonwealth who under law shall have supervision over
elections.
The four members within 45 days after their certification shall
select the fifth member, who shall serve as chairman of the
commission, and shall immediately certify his name to such
elections officer. The chairman shall be a citizen of the
Commonwealth other than a local, State or Federal official; holding
an office to which compensation is attached.
If the four members fail to select the fifth member within the
time prescribed, a majority of the entire membership of the Supreme
Court within thirty days thereafter shall appoint the chairman as
aforesaid and certify his appointment to such elections officer.
Any vacancy in the commission shall be filled within fifteen days
in the same manner in which such position was originally filled.
(c) No later than ninety days after either the commission has been
duly certified or the population data for the Commonwealth as
determined by the Federal decennial census are available, whichever
is later in time, the commission shall file a preliminary
reapportionment plan with such elections officer.
The commission shall have thirty days after filling the
preliminary plan to make corrections in the plan.
Any person aggrieved by the preliminary plan shall have the same
thirty-day period to file exceptions with the commission in which
case the commission shall thirty days after the date the exceptions
were filled to prepare and file with such elections officer a
revised reapportionment plan. If no exceptions are filled within
thirty days, or if filed and acted upon, the commission's plan
shall be final and have the force of law.
(d) Any aggrieved person may file an appeal from the final plan
directly to the Supreme Court within thirty days after the filing
thereof. If the appellant establishes that the final plan is
contrary to law, the Supreme Court shall issue an order remanding
the plan to the commission and directing the commission to
reapportion the Commonwealth in a manner not inconsistent with such
order.
(e) When the Supreme Court has finally decided an appeal or when
the last day for filing an appeal has passed with no appeal taken,
the reapportionment plan shall have the force of law and the
districts therein provided shall be used thereafter in elections
to the General Assembly until the next reapportionment as required
under this section 17.
(f) The General Assembly shall appropriate sufficient funds for
the compensation and expenses of members and staff appointed by the
commission, and other necessary expenses. The members of the
commission shall be entitled to such compensation for their
services as the General Assembly from time to time shall determine
but no part thereof shall be paid until a preliminary plan is
filed. If a preliminary plan is filed but the commission fails to
file a revised or final plan within the time prescribed, the
commission members shall forfeit all right to compensation not
paid.
(g) If a preliminary, revised or final reapportionment plan is not
filed by the commission within the time prescribed by this section,
unless the time be extended by the Supreme Court for cause shown,
the Supreme Court shall immediately proceed on its own motion to
reapportion the Commonwealth.
(h) Any reapportionment plan filed by the commission, or ordered
or prepared by the Supreme Court upon the failure of the commission
to act, shall be published by the elections officer once in at
least one newspaper of general circulation in each senatorial and
representative district. The publication shall contain a map of
the Commonwealth showing the complete reapportionment of the
General Assembly by districts, and a map showing the
reapportionment districts in the area normally served by the
newspaper in which the publication is male. The publication shall
also state the population of the senatorial and representative
districts having the smallest and largest population and the
percentage variation of such districts from the average population
for senatorial and representative districts.
Article III
LEGISLATION
A. Procedure
Passage of Laws
Section 1.
No law shall be passed except by bill, and no bill
shall be so altered or amended, on its passage through either
House, as to change its original purpose.
Reference to Committee; Printing
Section 2.
No bill shall be considered unless referred to a
committee, printed for the use of the members and returned
therefrom.
Form of Bills
Section 3.
No bill shall be passed containing more than one
subject, which shall be clearly expressed in its title, except a
general appropriation bill or a bill codifying or compiling the law
or a part thereof.
Consideration of Bills
Section 4.
Every bill shall be considered on three different days
in each House. All amendments made thereto shall be printed for
the use of the members before the final vote is taken on the bill
and before the final vote is taken, upon written request addressed
to the presiding officer of either House by at least twenty-five
percent of the members elected to that House, any bill shall be
read at length in that House. No bill shall become a law, unless
on its final passage the vote is taken by yeas and nays, the names
of the persons voting for and against it are entered on the
journal, and a majority of the members elected to each House is
recorded thereon as voting in its favor.
Concurring in Amendments; Conference Committee Reports
Section 5.
No amendment to bills by one House shall be concurred
in by the other, except by the vote of a majority of the members
elected thereto, taken by yeas and nays, and the names of those
voting recorded upon the journals.
Revival and Amendment of Laws
Section 6.
No law shall be revived, amended, or the provisions
thereof extended or conferred, by reference to its title only, but
so much thereof as is revived, amended, extended or conferred shall
be re-enacted and published at length.
Notice of Local and Special Bills
Section 7.
No local or special bill shall be passed unless notice
of the intention to apply therefor shall have been published in the
locality where the matter or the thing to be effected may be
situated, which notice shall be at least thirty days prior to the
introduction into the General Assembly of such bill and in the
manner to be provided by law; the evidence of such notice having
been published, shall be exhibited in the General Assembly, before
such act shall be passed.
Signing of Bills
Section 8.
The presiding officer of each House shall, in the
presence of the House over which he presides, sign all bills and
joint resolutions passed by the General Assembly, after their
titles have been publicly read immediately before signing; and the
fact of signing shall be entered on the journal.
Action on Concurrent Orders and Resolutions
Section 9.
Every order, resolution or vote, to which the
concurrence of both Houses may be necessary, except on the question
of adjournment, shall be presented to the Governor and before it
shall take effect be approved by him, or being disapproved, shall
be repassed by two-thirds of both Houses according to the rules and
limitations prescribed in case of a bill.
Revenue Bills
Section 10.
All bills for raising revenue shall originate in the
House of Representatives, but the Senate may propose amendments as
in other bills.
Appropriation Bills
Section 11.
The general appropriation bill shall embrace nothing
but appropriations for the executive, legislative and judicial
departments of the Commonwealth, for the public debt and for public
schools. All other appropriations shall be made by separate bills,
each embracing but one subject.
Legislation Designated by Governor at Special Sessions
Section 12.
When the General Assembly shall be convened in
special session, there shall be no legislation upon subjects other
than those designated in the proclamation of the Governor calling
such session.
Vote Denied Members with Personal Interest
Section 12.
A member who has a personal or private interest in
any measure or bill proposed or pending before the General Assembly
shall disclose the fact to the House of which he is a member, and
shall not vote thereon.
B. Education
Public School System
Section 14.
The General Assembly shall provide for the
maintenance and support of a thorough and efficient system of
public education to serve the needs of the Commonwealth.
Public School Money Not Available to Sectarian Schools
Section 15.
No money raised for the support of the public schools
of the Commonwealth shall be appropriated to or used for the
support of any sectarian school.
C. National Guard
National Guard to be Organized and Maintained
Section 16.
The citizens of this Commonwealth shall be armed,
organized and disciplined for its defense when and in such manner
as may be directed by law. The General Assembly shall provide for
maintaining the National Guard by appropriations from the Treasury
of the Commonwealth, and may exempt from State military service
persons having conscientious scruples against bearing arms.
D. Other Legislation Specifically Authorized
Appointment of Legislative Officers and Employees
Section 17.
The General Assembly shall prescribe by law the
number, duties and compensation of the officers and employees of
each House, and no payment shall be made from the State Treasury,
or be in any way authorized, to any person, except to an acting
officer or employee elected or appointed in pursuance of law.
Compensation Laws Allowed to General Assembly
Section 18.
The General Assembly may enact laws requiring the
payment by employers, or employers and employees jointly, of
reasonable compensation for injuries to employees arising in the
course of their employment, and for occupational diseases of
employees, whether or not such injuries or diseases result in
death, and regardless of fault of employer or employee, and fixing
the basis of ascertainment of such compensation and the maximum and
minimum limits thereof, and providing special or general remedies
for the collection thereof; but in no other cases shall the General
Assembly limit the amount to be recovered for injuries resulting
in death, or for injuries to persons or property, and in case of
death from such injuries, the right of action shall survive, and
the General Assembly shall prescribe for whose benefit such actions
shall be prosecuted. No act shall prescribe any limitations of
time within which suits may be brought against corporations for
injuries to persons or property, or for other causes different from
those fixed by general laws regulating actions against natural
persons, and such acts now existing are avoided.
Appropriations for Support of Widows and Orphans of Persons Who
Served in the Armed Forces
Section 19.
The General Assembly may make appropriations of money
to institutions wherein the widows of persons who served in the
armed forces are supported or assisted, or the orphans of persons
who served in the armed forces are maintained and educated; but
such appropriations shall be applied exclusively to the support of
such widows and orphans.
Classification of Municipalities
Section 20.
The Legislature shall have power to classify
counties, cities, boroughs, school districts, and townships
according to population, and all laws passed relating to each
class, and all laws passed relating to, and regulating procedure
and proceedings in court with reference to, any class, shall be
deemed general legislation within the meaning of this Constitution.
Land Title Registration
Section 21.
Laws may be passed providing for a system of
registering, transferring, insuring of and guaranteeing land titles
by the State, or by the counties thereof, and for settling and
determining adverse or other claims to and interest in lands the
titles to which are so registered, transferred, insured, and
guaranteed; and for the creation and collection of indemnity funds;
and for carrying the system and powers hereby provided for into
effect by such existing courts as may be designated by the
Legislature. Such laws may provide for continuing the registering,
transferring, insuring, and guaranteeing such titles after the
first or original registration has been perfected by the court, and
provision may be made for raising the necessary funds for expenses
and salaries of officers, which shall be paid out of the treasury
of the several counties.
State Purchases
Section 22.
The General Assembly shall maintain by law a system
of competitive bidding under which all purchases of materials,
printing, supplies or other personal property used by the
government of this Commonwealth shall so far as practicable be
made. The law shall provide that no officer or employee of the
Commonwealth shall be in any way interested in any purchase made
by the Commonwealth under contract or otherwise.
Change of Venue
Section 23.
The power to change the venue in civil and criminal
cases shall be vested in the courts, to be exercised in such manner
as shall be provided by law.
Paying Out Public Moneys
Section 24.
No money shall be paid out of the treasury, except
on appropriations made by law and on warrant issued by the proper
officers; but cash refunds of taxes, licenses, fees and other
charges paid or collected, but not legally due, may be paid, as
provided by law, without appropriation from the fund into which
they were paid on warrant of the proper officer.
Emergency Seats of Government
Section 25.
The General Assembly may provide, by law, during any
session, for the continuity of the executive, legislative, and
judicial functions of the government of the Commonwealth, and its
political subdivisions, and the establishment of emergency seats
thereof and any such laws heretofore enacted are validated. Such
legislation shall become effective in the event of an attack by an
enemy of the United States.
Extra Compensation Prohibited; Claims Against the Commonwealth;
Pensions
Section 26.
No bill shall be passed giving any extra compensation
to any public officer, servant, employee, agent or contractor after
services shall be rendered or contract made, nor providing for the
payment of any claim against the Commonwealth without previous
authority of law. Provided, however, that nothing in this
Constitution shall be construed to prohibit the General Assembly
from authorizing the increase of retirement allowances or pensions
of members of a retirement or pension system now in effect or
hereafter legally constituted by the Commonwealth, its political
subdivisions, agencies or instrumentalities, after the termination
of the services of said member.
Changes in Term of Office or Salary Prohibited
Section 27.
No law shall extend the term of any public officer,
or increase or diminish his salary or emoluments, after his
election or appointment.
E. Restrictions on Legislative Power
Change of Permanent Location of State Capital
Section 28.
No law changing the permanent location of the Capital
of the State shall be valid until the same shall have been
submitted to the qualified electors of the Commonwealth at a
general election and ratified and approved by them.
Appropriations for Public Assistance, Military Service,
Scholarships
Section 29.
No appropriation shall be made for charitable,
educational or benevolent purposes to any person or community nor
to any denomination and sectarian institution, corporation or
association: Provided, that appropriations may be made for
pensions of gratuities for military service and to blind persons
twenty-one years of age and upwards and for assistance to mothers
having dependent children and to aged persons without adequate
means of support and in the form of scholarship grants or loans for
higher educational purposes to residents of the Commonwealth
enrolled in institutions of higher learning except that no
scholarship, grants or loans for higher educational purposes shall
be given to persons enrolled in a theological seminary or school
of theology.
Charitable and Educational Appropriations
Section 30.
No appropriation shall be made to any charitable or
educational institution not under the absolute control of the
Commonwealth, other than normal schools established by law for the
professional training of teachers for the public schools of the
State, except by a vote of two-thirds of all the members elected
to each House.
Delegation of Certain Powers Prohibited
Section 31.
The General Assembly shall not delegate to any
special commission, private corporation or association, any power
to make, supervise or interfere with any municipal improvement,
money, property or effects, whether held in trust or otherwise, or
to levy taxes or perform any municipal function whatever.
Notwithstanding the foregoing limitation or any other provision of
the Constitution, the General Assembly may enact laws which provide
that the findings of panels or commissions, selected and acting in
accordance with law for the adjustment or settlement of grievances
or disputes or for collective bargaining between policemen and
firemen and their public employers shall be binding upon all
parties and shall constitute a mandate to the head of the political
subdivision which is the employer or to the appropriate officer of
the Commonwealth if the Commonwealth is the employer, with respect
to matters which can be remedied by administrative action, and to
the lawmaking body of such political subdivision or of the
Commonwealth, with respect to matters which require legislative
action, to take the action necessary to carry out such findings.
Certain Local and Special Laws
Section 32.
The General Assembly shall pass no local or special
law in any case which has been or can be provided for by general
law and specifically the General assembly shall not pass any local
or special law.
1. Regulating the affairs of counties, cities, townships, wards,
boroughs, or school districts.
2. Vacating roads, town plats, streets or alleys.
3. Locating or changing county seats, erecting new counties or
changing county lines.
4. Erecting new townships or boroughs, changing township lines,
borough limits or school districts.
5. Remitting fines, penalties and forfeitures, or refunding
moneys legally paid into the treasury.
6. Exempting property from taxation.
7. regulating labor, trade, mining or manufacturing.
8. Creating corporations, or amending, renewing or extending
the charters thereof.
Nor shall the General Assembly indirectly enact any special or
local law by the partial repeal of a general law; but laws
repealing local or special acts may be passed.
Article IV
THE EXECUTIVE
Executive Department
Section 1.
The Executive Department of this Commonwealth shall
consist of a Governor, Lieutenant Governor, Attorney General,
Auditor General, State Treasurer, and Superintendent of Public
Instruction and such other officers as the General Assembly may
from time to time prescribe.
Duties of Governor; Election Procedure; Tie or contest
Section 2.
The supreme executive power shall be vested in the
Governor, who shall take care that the laws be faithfully executed;
he shall be chosen on the day of the general election, by the
qualified electors of the Commonwealth, at the places where they
shall vote for Representatives. The returns of every election for
Governor shall be sealed up and transmitted to the seat of
government, directed to the President of the Senate, who shall open
and publish them in the presence of the members of both Houses of
the General Assembly. The person having the highest number of
votes shall be Governor, but if two or more be equal and highest
in votes, one of them shall be chosen Governor by the joint vote
of the members of both Houses. Contested elections shall be
determined by a committee, to be selected from both Houses of the
General Assembly, and formed and regulated in such manner as shall
be directed by law.
General Assembly. The person having the highest number of votes
shall be Governor, but if two or more be equal and highest in
votes, one of them shall be chosen Governor by the joint vote of
members of both Houses. Contested elections shall be determined
by a committee, to be selected from both Houses of the General
Assembly, and formed and regulated in such manner as shall be
directed by law.
Terms of Office of Governor; Number of Terms
Section 3.
The Governor shall hold his office during four years
from the third Tuesday of January new ensuing his election. Except
for the Governor who may be in office when this amendment is
adopted, he shall be eligible to succeed himself for one additional
term.
Lieutenant Governor
Section 4.
A Lieutenant Governor shall be chosen jointly with the
Governor by the casting by each voter of a single vote applicable
to both offices, for the same term, and subject to the same
provisions as the Governor; he shall be President of the Senate.
As such, he may vote in case of a tie on any question except the
final passage of a bill or joint resolution, the adoption of a
conference report or the concurrence in amendments made by the
House of Representatives.
Attorney General
Section 4.
1. An Attorney General 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 law officer of the Commonwealth and shall exercise such
powers and perform such duties as may be imposed by law.
Qualifications of Governor, Lieutenant Governor and Attorney
General
Section 5.
No person shall be eligible to the office of Governor,
Lieutenant Governor or Attorney General except a citizen of the
United States, who shall have attained the age of thirty 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.
Disqualification for Offices of Governor, Lieutenant Governor and
Attorney General
Section 6.
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.
Military Power
Section 7.
The Governor shall be commander-in-chief of the
military forces of the Commonwealth, except when they shall be
called into actual service of the United States.
Appointing Power
Section 8.
(a) The Governor shall appoint a Secretary of
Education and such other officers as he shall be authorized by law
to appoint. The appointment of the Secretary of Education and of
such other officers as may be specified by law, shall be subject
to the consent of two-thirds or a majority of the members elected
to the Senate as is specified by law.
(b) The Governor shall fill vacancies in offices to which he
appoints by nominating to the Senate a proper person to fill the
vacancy within 90 days of the first day of the vacancy and not
thereafter. The Senate shall act on each executive nomination
within 25 legislative days of its submission. If the Senate has
not voted upon a nomination within 15 legislative days following
such submission, any five members of the Senate may, in writing,
request the presiding officer of the Senate to place the nomination
before the entire Senate body whereby the nomination must be voted
upon prior to the expiration of five legislative days or 25
legislative days following submission by the Governor, whichever
occurs first. If the nomination is made during a recess or after
adjournment sine die, the Senate shall act upon it within 25
legislative days after its return or reconvening. If the Senate
for any reason fails to act upon a nomination submitted to it
within the required 25 legislative days, the nominee shall take
office as if the appointment had been consented to by the Senate.
The Governor shall in a similar manner fill vacancies in the
offices of Auditor General, State Treasurer, justice, judge,
justice of the peace and in any other elective office he is
authorized to fill. In the case of a vacancy in an elective
office, a person shall be elected to the office on the next
election day appropriate to the office unless the first day of the
vacancy is within two calendar months immediately preceding the
election day in which case the election shall be held on the second
succeeding election day appropriate to the office.
(c) In acting on executive nominations, the Senate shall sit with
open doors. The votes shall be taken by yeas and nays and shall
be entered on the journal.
Pardoning Power; Board of Pardons
Section 9.
(a) In all criminal cases except impeachment, the
Governor shall have power to remit fines and forfeitures, to grant
reprieves, commutation of sentences and pardons; but no pardon
shall be granted, nor sentence commuted, except on the
recommendation in writing of a majority of the Board of Pardons,
after full hearing in open session, upon due public notice. The
recommendation, with the reasons therefor at length, shall be
delivered to the Governor and a copy thereof shall be kept on file
in the office of the Lieutenant Governor in a docket kept for that
purpose.
(b) The Board of Pardons shall consist of the Lieutenant Governor
who shall be chairman, the Attorney General and three members
appointed by the Governor with the consent of two-thirds or a
majority of the members elected to the Senate as is specified by
law for terms of six years. The three members appointed by the
Governor shall be residents of Pennsylvania and shall be recognized
leaders in their fields; one shall be a member of the bar, one a
penologist, and the third a doctor of medicine, psychiatrist or
psychologist. The board shall keep records of its actions, which
shall at all times be open for public inspection.
Information from Department Officials
Section 10.
The Governor may require information in writing from
the officers of the Executive Department, upon any subject relating
to the duties of their respective offices.
Messages to the General Assembly
Section 11.
He shall, from time to time, give to the General
Assembly information of the state of the Commonwealth, and
recommend to their consideration such measures as he may judge
expedient.
Power to Convene and Adjourn the General Assembly
Section 12.
He may, on extraordinary occasions, convene the
General Assembly, and in case of disagreement between the two
Houses, with respect to the time of adjournment, adjourn them to
such time as he shall think proper, not exceeding four months. He
shall have power to convene the Senate in extraordinary session by
proclamation for the transaction of Executive business.
When Lieutenant Governor to Act as Governor
Section 13.
In the case of the death, conviction on impeachment,
failure to qualify or resignation of the Governor, the Lieutenant
Governor shall become Governor for the remainder of the term and
in the case of the disability of the Governor, the powers, duties
and emoluments of the office shall devolve upon the Lieutenant
Governor until the disability is removed.
Vacancy in Office of Lieutenant Governor
Section 14.
In case of the death, conviction on impeachment,
failure to qualify or resignation of the Lieutenant Governor, or
in case he should become Governor under section 13 of this article,
the President pro tempore of the Senate shall become Lieutenant
Governor for the remainder of the term. 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 a vacancy shall occur in the office of Governor
and in case of the disability of the Governor, the powers, duties
and emoluments of the office shall devolve upon the President pro
tempore of the Senate 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 Senate.
Approval of Bills; Vetoes
Section 15.
Every bill which shall have passed both Houses shall
be presented to the Governor; if he approves he shall sign it, but
if he shall not approve he shall return it with his objections to
the House in which it shall have originated, which House shall
enter the objections at large upon their journal, and proceed to
re-consider it. If after such re-consideration, two-thirds of all
the members elected to that House shall agree to pass the bill, it
shall be sent with the objections to the other House by which
likewise it shall be re-considered, and if approved by two-thirds
of all the members elected to that House it shall be a law; but in
such cases the votes of both Houses shall be determined by yeas and
nays, and the names of the members voting for and against the bill
shall be entered on the journals of each House, respectively. If
any bill shall not be returned by the Governor within ten days
after it shall have been presented to him, the same shall be a law
in like manner as if he had signed it, unless the General Assembly,
by their adjournment, prevent its return, in which case it shall
be a law, unless he shall file the same, with his objections, in
the office of the Secretary of the Commonwealth, and give notice
thereof by public proclamation within thirty days after such
adjournment.
Partial Disapproval of Appropriation Bills
Section 16.
The Governor shall have power to disapprove of any
item of any bill, making appropriations of money, embracing
distinct items, and the part or parts of the bill approved shall
be the law, and the item or items of appropriation disapproved
shall be void, unless re-passed according to the rules and
limitations prescribed for the passage of other bills over the
Executive veto.
Contested Elections of Governor, Lieutenant Governor and Attorney
General; When Succeeded
Section 17.
The Chief Justice of the Supreme Court shall preside
upon the trial of any contested election of Governor, Lieutenant
Governor or Attorney General 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 shall exercise the duties of their respective
offices until their successors shall be duly qualified.
Terms of Office of Auditor General and State Treasurer; Number of
Terms; Eligibility of State Treasurer to become Auditor General
Section 18.
The terms of the Auditor General and of the State
Treasurer shall each be four years from the third Tuesday of
January next ensuing his election. They shall be chosen by the
qualified electors of the Commonwealth at general elections but
shall not be eligible to serve continuously for more than two
successive terms. The State Treasurer shall not be eligible to the
office of Auditor General until fours years after he has been State
Treasurer.
State Seal; Commissions
Section 19.
The present Great Seal of Pennsylvania shall be the
seal of the State. All commissions shall be in the name and by
authority of the Commonwealth of Pennsylvania, and be sealed with
the State seal and signed by the Governor.
Article V
THE JUDICIARY
Unified Judicial System
Section 1.
The judicial power of the Commonwealth shall be vested
in a unified judicial system consisting of the Supreme Court, the
Superior Court, the Commonwealth Court, courts of common pleas,
community courts, municipal and traffic courts in the City of
Philadelphia, such other courts as may be provided by law and
justices of the peace. All courts and justices of the peace and
their jurisdiction shall be in this unified judicial system.
Supreme Court
Section 2.
The Supreme Court
(a) shall be the highest court of
the Commonwealth and in this court shall be reposed the supreme
judicial power of the Commonwealth;
(b) shall consist of seven justices, one of whom shall be the
justice; and
(c) shall have such jurisdiction as shall be provided by law.
Superior Court
Section 3.
The Superior Court shall be a statewide court, and
shall consist of the number of judges, which shall be not less than
seven judges, and have such jurisdiction as shall be provided by
this Constitution or by the General Assembly. One of its judges
shall be the president judge.
Commonwealth Court
Section 4.
The Commonwealth Court shall be a statewide court, and
shall consist of the number of judges and have such jurisdiction
as shall be provided by law. One of its judges shall be the
president judge.
Courts of Common Pleas
Section 5.
There shall be one court of common pleas for each
judicial district
(a) having such divisions and consisting of such
number of judges as shall be provided by law, one of whom shall be
the president judge; and
(b) having unlimited original jurisdiction in all cases except as
may otherwise be provided by law.
Community Courts; Philadelphia Municipal Court and Traffic Court
Section 6.
(a) in any judicial district a majority of the
electors voting thereon may approve the establishment or
discontinuance of a community court. Where a community court is
approved, one community court shall be established; its divisions,
number of judges and jurisdiction shall be as provided by law.
(b) The question whether a community court shall be established
or discontinued in any judicial district shall be placed upon the
ballot in a primary election by petition which shall be in the form
prescribed by the officer of the Commonwealth who under law shall
have supervision over elections. The petition shall be filed with
that officer and shall be signed by a number of electors equal to
five percent of the total votes cast for all candidates for the
office occupied by a single official for which the highest number
of votes was cast in that judicial district at the last preceding
general or municipal election. The manner of signing such
petitions, the time of circulating them, the affidavits of the
persons circulating them and all other details not contained herein
shall be governed by the general laws relating to elections. The
question shall not be placed upon the ballot in a judicial district
more than once in any five-year period.
(c) In the City of Philadelphia there shall be a municipal Court
and a traffic court. The number of judges and the jurisdiction of
each shall be as provided by law. These courts shall exist so long
as a community court has not been established or in the event one
has been discontinued under this section.
Justices of the Peace; Magisterial Districts
Section 7.
(a) In any judicial district, other than the City of
Philadelphia, where a community court has not been established or
where one has been discontinued there shall be one justice of the
peace in each magisterial district. The jurisdiction of the
justice of the peace shall be as provided by law.
(b) The General Assembly shall by law establish classes of
magisterial districts solely on the basis of population and
population density and shall fix the salaries to be paid justices
of the peace in each class. The number and boundaries of
magisterial districts of each class within each judicial district
shall be established by the Supreme Court or by the courts of
common pleas under the direction of the Supreme Court as required
for the efficient administration of justice within each magisterial
district.
Other Courts
Section 8.
The General Assembly may establish additional courts
or divisions of existing courts, as needed, or abolish any
statutory court or division thereof.
Right of Appeal
Section 9.
There shall be a right of appeal in all cases to a
court of record from a court not of record; and there shall also
be a right of appeal from a court of record or from an
administrative agency to a court of record or to an appellate
court, the selection of such court to be as provided by law; and
there shall be such other rights of appeal as may be provided by
law.
Judicial Administration
Section 10.
(a) The Supreme Court shall exercise general
supervisory and administrative authority over all the courts and
justices of the peace, including authority to temporarily assign
judges and justices of the peace from one court or district to
another as it deems appropriate.
(b) The Supreme Court shall appoint a court administrator and may
appoint such subordinate administrators and staff as may be
necessary and proper for the prompt and proper disposition of the
business of all courts and justices of the peace.
(c) The Supreme Court shall have the power to prescribe general
rules governing practice, procedure and the conduct of all courts,
justices of the peace and all officers serving process or enforcing
orders, judgments or decrees of any court or justice of the peace,
including the power to provide for assignments and reassignment of
classes of actions or classes of appeals among the several courts
as the needs of justice shall require, and for admission to the bar
and to practice law, and the administration of all courts and
supervision of all officers of the Judicial Branch, if such rules
are consistent with this Constitution and neither abridge, enlarge
nor modify the substantive rights of any litigant, nor affect the
right of the General Assembly to determine the jurisdiction of any
court or justice of the peace, nor suspend nor alter any statute
of limitation or repose. All laws shall be suspended to the extent
that they are inconsistent with rules prescribed under these
provisions.
(d) The Chief Justice and president judges of all courts with
seven or less judges shall be the justice or judge longest in
continuous service on their respective courts; and in the event of
his resignation from this position the justice or judge next
longest in continuous service shall be the Chief Justice or
president judge. The president judges of all other courts shall
be selected for five-year terms by the members of their respective
courts, except that the president judge of the traffic court in the
City of Philadelphia shall be appointed by the Governor. A chief
Justice or president judge may resign such position and remain a
member of the court. In the event of a tie vote for office of
president judge in a court which elects its president judge, the
Supreme Court shall appoint as president judge one of the judges
receiving the highest number of votes.
(e) Should any two or more justices or judges of the same court
assume office at the same time, they shall cast lots forthwith for
priority of commission, and certify the results to the Governor who
shall issue their commissions accordingly.
Judicial Districts; Boundaries
Section 11.
The number and boundaries of judicial districts shall
be changed by the General Assembly only with the advice and consent
of the Supreme Court.
Qualifications of Justices, Judges and Justices of the Peace
Section 12.
(a) Justices, judges and justices of the peace shall
be citizens of the Commonwealth. Justices and judges, except the
judges of traffic court in the City of Philadelphia, shall be
members of the bar of the Supreme Court. Justices and judges of
statewide courts, for a period of one year preceding their election
or appointment and during their continuance in office, shall reside
within the Commonwealth. Other judges and justices of the peace,
for a period of one year preceding their election or appointment
and during their continuance in office, shall reside with their
respective districts, except as provided in this article for
temporary assignments.
(b) Judges of the traffic court in the City of Philadelphia and
justices of the peace shall be members of the bar of the Supreme
Court or shall complete a course of training and instruction in the
duties of their respective offices and pass an examination prior
to assuming office. Such courses and examinations shall be as
provided by law.
Election of Justices, Judges and Justices of the Peace; Vacancies
Section 13.
(a) Justices, judges and justices of the peace shall
be elected at the municipal election next preceding the
commencement of their respective terms of office by the electors
of the Commonwealth or the respective districts in which they are
to serve.
(b) A vacancy in the office of justice, judge or justice of the
peace shall be filled by appointment by the Governor. The
appointment shall be with the advice and consent of two-thirds of
the members elected to the Senate, except in the case of justices
of the peace which shall be by a majority. The person so appointed
shall serve for a term ending on the first Monday of January
following the next municipal election more than ten months after
the vacancy occurs or for the remainder of the unexpired term
whichever is less, except in the case of persons selected as
additional judges to the Superior Court, where the General Assembly
may stagger and fix the length of the initial terms of such
additional judges by reference to any of the first, second and
third municipal elections more than ten months after the additional
judges are selected. The manner by which any additional judges are
selected shall be provided by this section for the filling of
vacancies in judicial offices.
(c) The provisions of section thirteen (b) shall not apply either
in the case of a vacancy to be filled by retention election as
provided in section fifteen (b), or in the case of a vacancy
created by failure of a justice or judge to file a declaration for
retention election as provided in section fifteen
(b) in the case
of a vacancy occurring at the expiration of an appointive term
under section thirteen (b), the vacancy shall be filled by election
as provided in section thirteen (a).
(d) At the primary election in 1969, the electors of the
Commonwealth may elect to have the justices and judges of the
Supreme, Superior, Commonwealth and all other statewide courts
appointed by the Governor from a list of persons qualified for the
offices submitted to him by the Judicial Qualifications Commission.
If a majority vote of those voting on the question is in favor of
this method of appointment, then whenever any vacancy occurs
thereafter for any reason in such court, the Governor shall fill
the vacancy by appointment in the manner prescribed in this
subsection. Such appointment shall not require the consent of the
Senate.
(e) Each justice or judge appointed by the Governor under section
thirteen
(d) shall hold office for an initial term ending the first
Monday of January following the next municipal election more than
twenty-four months following the appointment.
Judicial Qualifications Commission
Section 14.
(a) Should the method of judicial selection be adopted
as provided in section thirteen (d), there shall be a Judicial
Qualifications Commission, composed of four non-lawyer electors
appointed by the Governor and three non-judge members of the bar
of the Supreme Court appointed by the Supreme Court. No more than
four members shall be of the same political party. The members of
the commission shall serve for terms of seven years, with one
member being selected each year. The commission shall consider all
names submitted to it and recommend to the Governor not fewer than
ten nor more than twenty of those qualified for each vacancy to be
filled.
(b) During his term, no member shall hold a public office or
public appointment for which he receive compensation, nor shall he
hold office in a political party or political organization.
(c) A vacancy on the commission shall be filled by the appointment
authority for the balance of the term.
Tenure of Justices, Judges and Justices of the Peace
Section 15.
(a) The regular term of office of justices and judges
shall be ten years and the regular term of office for judges of the
municipal court and traffic court in the City of Philadelphia and
of justices of the peace shall be six years. The tenure of any
justice or judge shall not be affected by changes in judicial
districts or by reduction in the number of judges.
(b) A justice or judge elected under section thirteen (a),
appointed under section thirteen (d) or retained under this section
fifteen (b) may file a declaration of candidacy for retention
election with the officer of the Commonwealth who under law shall
have supervision over elections on or before the first Monday of
January of the year preceding the year in which his term of office
expires. If no declaration of candidacy for retention election
with the officer of the Commonwealth who under law shall have
supervision over elections on or before the first Monday of January
of the year preceding the year in which his term of office expires.
If no declaration is filed, a vacancy shall exist upon the
expiration of the term of office of such justice of judge, to be
filled by election under section thirteen (a) or by appointment
under section thirteen (d) if applicable. If a justice or judge
files a declaration, his name shall be submitted to the electors
without party designation, on a separate judicial ballot or in a
separate column on voting machines, at the municipal election
immediately preceding the expiration of the term of office of the
justice or judge, to determine only the question whether he shall
be retained in office. If a majority is against retention, a
vacancy shall exist upon the expiration of his term of office, to
be filled by appointment under section thirteen (b) or under
section thirteen (d) if applicable. If a majority favors
retention, the justice or judge shall serve for the regular term
of office provided herein, unless sooner removed or retired. At
the expiration of each term a justice or judge shall be eligible
for retention as provided herein subject only to the retirement
provisions of this article.
Compensation and Retirement of Justices, Judges and Justices of the
Peace
Section 16.
(a) Justices, judges and justices of the peace shall
be compensated by the Commonwealth as provided by law. Their
compensation shall not be diminished during their terms of office,
unless by law applying generally to all salaried officers of the
Commonwealth.
(b) Justices, judges and justices of the peace shall be retired
upon attaining the age of seventy years. Former and retired
justices, judges and justices of the peace shall receive such
compensation as shall be provided by law. No compensation shall
be paid to any justice, judge or justice of the peace who is
suspended or removed from office under section eighteen of this
article or under Article VI.
(c) A former or retired justice or judge may, with his consent,
be assigned by the Supreme Court on temporary judicial service as
may be prescribed by rule of the Supreme Court.
Prohibited Activities
Section 17.
(a) Justices and judges shall devote full time to
their judicial duties, and shall not engage in the practice of law,
hold office in a political party or political organization, or hold
an office or position of profit in the government of the United
States, the Commonwealth or any municipal corporation or political
subdivision thereof, except in the armed service of the United
States or the Commonwealth.
(b) Justices and judges shall not engage in any activity
prohibited by law and shall not violate any canon of legal or
judicial ethics prescribed by the Supreme Court. Justices of the
peace shall be governed by rules or canons which shall be
prescribed by the Supreme Court.
(c) No justice, judge or justice of the peace shall be paid or
accept for the performance of any judicial duty or for any service
connected with his office, any fee, emolument of perquisite other
than the salary and expenses provided by law.
(d) No duties shall be imposed by law upon the Supreme Court or
any of the justices thereof or the Superior Court or any of the
judges thereof, except such as are judicial, nor shall any of them
exercise any power of appointment except as provided in this
Constitution.
Suspension, Removal, Discipline and Compulsory Retirement
Section 18.
(a) There shall be a Judicial Inquiry and Review Board
having nine members as follows: three judges of the courts of
common pleas from different judicial districts and two judges of
the Superior Court, all of whom shall be selected by the Supreme
Court; and two non-judge members of the bar of the Supreme Court
and two non-lawyer electors, all of whom shall be selected by the
Governor.
(b) The members shall serve for terms of four years, provided that
a member, rather than his successor, shall continue to participate
in any hearing in progress at the end of his term. A vacancy on
the board shall be filled by the respective appointing authority
for the balance of the term. The respective appointing authority
may remove a member only for cause. No member shall serve more
than four consecutive years; he may be reappointed after a lapse
of one year. Annually the members of the board shall elect a
chairmen. The board shall act only with the concurrence of a
majority of its members.
(c) A member shall not hold office in a political party or
political organization. Members, other than judges, shall be
compensated for their services as the Supreme Court shall
prescribe. All members shall be reimbursed for expenses
necessarily incurred in the discharge of their official duties.
(d) Under the procedure prescribed herein, any justice or judge
may be suspended, removed from office or otherwise disciplined for
violation of section seventeen of this article, misconduct in
office, neglect of duty, failure to perform his duties, or conduct
which prejudices the proper administration of justice or brings the
judicial office into disrepute, and may be retired for disability
seriously interfering with the performance of his duties.
(e) The board shall keep informed as to matters relating to
grounds for suspension, removal, discipline, or compulsory
retirement of justices or judges. It shall receive complaints or
reports, formal or informal, from any source pertaining to such
matters, and shall make such preliminary investigations as it deems
necessary.
(f) The board, after such investigation, may order a hearing
concerning the suspension, removal, discipline or compulsory
retirement of a justice or judge. The board's orders for
attendance of or testimony by witnesses or for the production of
documents at any hearing or investigation shall be enforceable by
contempt proceedings.
(g) If, after hearing, the board finds good cause therefor, it
shall recommend to the Supreme Court the suspension, removal,
discipline or compulsory retirement of the justice or judge.
(h) The Supreme Court shall review the record of the board's
proceedings on the law and facts and may permit the introduction
of additional evidence. It shall order suspension, removal,
discipline or compulsory retirement, or wholly reject the
recommendation, as it finds just and proper. Upon on order for
compulsory retirement, the justice or judge shall be retired with
the same rights and privileges were he retired under section
sixteen of this article. Upon an order for suspension or removal,
the justice or judge shall be suspended or removed from office, and
his salary shall cease from the date of such order. All papers
filed with and proceedings before the board shall be confidential
but upon being filed by the board in the Supreme Court, the record
shall lose its confidential character. The filing of papers with
and the giving of testimony before the board shall be privileged.
(i) No justice or judge shall participate as a member of the board
or of the Supreme Court in any proceeding involving his suspension,
removal, discipline or compulsory retirement.
(j) The Supreme Court shall prescribe rules of procedure under
this section.
(k) The Supreme Court shall prescribe rules of procedure for the
suspension, removal, discipline and compulsory retirement of
justices of the peace.
(l) A justice, judge or justice of the peace convicted of
misbehavior in office by a court, disbarred as a member of the bar
of the Supreme Court or removed under this section eighteen shall
forfeit automatically his judicial office and thereafter be
ineligible for judicial office.
(m) A justice or judge who shall file for nomination for or
election to any public office other than a judicial office shall
forfeit automatically his judicial office.
(n) This section is in addition to and not in substitution for the
provisions for impeachment for misbehavior in office contained in
Article VI. No justice, judge or justice of the peace against whom
impeachment proceedings are pending in the Senate shall exercise
any of the duties of his office until he has been acquitted.
COURTS OTHER THAN IN THE CITY OF PHILADELPHIA
AND ALLEGHENY COUNTY
The Supreme Court
Section 1.
The Supreme Court shall exercise all the powers and,
until otherwise provided by law, jurisdiction now vested in the
present Supreme Court and, until otherwise provided by law, the
accused in all cases of felonious homicide shall have the right of
appeal to the Supreme Court.
The Superior Court
Section 2.
Until otherwise provided by law, the Superior Court
shall exercise all the jurisdiction now vested in the present
Superior Court. The present terms of all judges of the Superior
Court which would otherwise expire on the first Monday of January
in an odd-numbered year shall be extended to expire in the even-
numbered year next following.
Commonwealth Court
Section 3.
The Commonwealth Court shall come into existence on
January 1, 1970. Notwithstanding anything to the contrary in this
article, the General Assembly shall stagger the initial terms of
judges of the Commonwealth Court.
The Courts of Common Pleas
Section 4.
Until otherwise provided by law, the several courts
of common pleas shall exercise the jurisdiction now vested in the
present courts of common pleas. The courts of oyer and terminer
and general jail delivery, quarter sessions of the peace, and
orphans courts are abolished and the several courts of common pleas
shall also exercise the jurisdiction of these courts. Orphans'
courts in judicial districts having separate orphans' courts shall
become orphans' court divisions of the courts of common pleas and
the court of common pleas in those judicial districts shall
exercise the jurisdiction presently exercised by the separate
orphans' courts through their respective orphans' court division.
Orphans' Court Judges
Section 5.
In those judicial districts having separate orphans'
courts, the present judges thereof shall become judges of the
orphans' court division of the court of common pleas and the
present president judge shall become the president judge of the
orphans' court division of the court of common pleas for the
remainder of his term without diminution in salary.
Courts of Common Pleas in Multi-County Judicial Districts
Section 6.
Courts of common pleas in multi-county judicial
districts are abolished as separate courts and are hereby
constituted as branches of the single court of common pleas
established under this article in each such judicial district.
Community Courts
Section 7.
In a Judicial district which establishes a community
court, a person serving as a justice of the peace at such time:
(a) May complete his term exercising the jurisdiction provided by
law with the compensation provided by law, and
(b) Upon completion of his term, his office is abolished and no
judicial function of the kind heretofore exercised by a justice of
the peace shall thereafter be exercised other than by the community
court.
JUSTICES, JUDGES AND JUSTICES OF THE PEACE
Justices, Judges and Justices of the Peace
Section 8.
Notwithstanding any provision in the article, a
present justice, judge or justice of the peace may complete his
term of office.
Associate Judges
Section 9.
The office of associate judge not learned in the law
is abolished, but a present associate judge may complete his term.
Retention Election of Present Justices and Judges
Section 10.
A present judge who was originally elected to office
and seeks retention in 1969 municipal election and is otherwise
eligible may file his declaration of candidacy by February 1, 1969.
Selection of President Judges
Section 11.
(a) Except in the City of Philadelphia, section ten
(d) of the article shall become effective upon the expiration of
the term of the present president judge, or upon earlier vacancy.
(b)Notwithstanding section ten (d) of the article the president
judge of the Superior Court shall be the judge longest in
continuous service on such court if such judge was a member of such
court on the first Monday of January 1977. If no such judge exists
or is willing to serve as president judge shall be selected as
provided by this article.
MAGISTRATES, ALDERMEN AND JUSTICES OF THE PEACE AND
MAGISTERIAL DISTRICTS OTHER THAN IN THE CITY OF PHILADELPHIA
Magistrates, Aldermen and Justices of the Peace
Section 12.
An alderman, justice of the peace or magistrate:
(a) May complete his term, exercising the jurisdiction provided
by law and with the method of compensation provided by law prior
to the adoption of this article;
(b) Shall be deemed to have taken and passed the examination
required by this article for justices of the peace if he has
completed one full term of office before creation of a magisterial
district, and
(c) At the completion of his term, his office is abolished.
(d) Except for officers completing their terms, after the first
MOnday in January, 1970, no judicial function of the kind
heretofore exercised by these officers, by majors and like officers
in municipalities shall be exercised by any officer other than the
one justice of the peace elected or appointed to serve in that
magisterial district.
Magisterial Districts
Section 13.
So that the provisions of this article regarding the
establishment of magisterial districts and the instruction and
examination of justices of the peace may be self-executing, until
otherwise provided by law in a manner agreeable to this article,
the following provisions shall be in force:
(a) The Supreme Court or the courts of common pleas under the
direction of the Supreme Court shall fix the number and boundaries
of magisterial districts of each class within each judicial
district by January 1, 1969, and these magisterial districts,
except where a community court has been adopted, shall come into
existence on January 1, 1970, the justices of the peace thereof to
be elected at the municipal election in 1969. These justices of
the peace shall retain no fine, costs or any other sum that shall
be delivered into their hands for the performance of any judicial
duty or for any service connected with their offices, but shall
remit the same to the Commonwealth, county, municipal subdivision,
school district or otherwise as may be provided by law.
(b) Classes of magisterial districts.
(i) Magisterial districts of the first class shall have a
population density of more than five thousand persons per square
mile and a population of not less than sixty-five thousand persons.
(ii) Magisterial districts of the second class shall have a
population density of between one thousand and five thousand
persons per square mile and a population of between twenty thousand
persons and sixty-five thousand persons.
(iii) Magisterial districts of the third class shall have a
population density of between two hundred and one thousand persons
per square mile and a population of between twelve thousand persons
and twenty thousand persons.
(iv) Magisterial districts of the fourth class shall have a
population density of between seventy and two hundred persons per
square mile and a population of between seven thousand five hundred
persons and twelve thousand persons.
(v) Magisterial districts of the fifth class shall have a
population density of under seventy persons per square mile and a
population of between four thousand persons and seven thousand five
hundred persons.
(c) Salaries of justices of the peace.
The salaries of the justices of the peace shall be as follows:
(i) In first class magisterial districts, twelve thousand dollars
per year.
(ii) In second class magisterial districts, ten thousand dollars
per year.
(iii) In third class magisterial districts, eight thousand dollars
per year.
(iv) In fourth and fifth class magisterial districts, five
thousand dollars per year.
(v) The salaries here fixed shall be paid by the State Treasurer
and for such payment this article and schedule shall be sufficient
warrant.
(d) Course of training, instruction and examination. The course
of training and instruction and examination in civil and criminal
law and procedure for a justice of the peace shall be devised by
the Department of Public Instruction, and it shall administer this
course and examination to insure that justices of the peace are
competent to perform their duties.
Magisterial Districts
Section 14.
Effective immediately upon establishment of
magisterial districts and until otherwise prescribed the civil and
criminal procedural rules relating to venue shall apply to
magisterial districts; all proceedings before aldermen, magistrates
and justices of the peace shall be brought in and only in a
magisterial district in which occurs an event which would give rise
to venue in a court of record; the court of common pleas upon its
own motion or on application at any stage of proceedings shall
transfer any proceeding in any magisterial district to the justice
of the peace for the magisterial district in which proper venue
lies.
PROTHONOTARIES AND CLERKS OTHER THAN IN THE
CITY OF PHILADELPHIA
Prothonotaries, Clerks of Courts, Clerks of Orphans' Courts
Section 15.
Until otherwise provided by law, the offices of
prothonotary and clerk of courts shall become the offices of
prothonotary and clerk of courts of the court of common pleas of
the judicial district, and in multi-county judicial districts of
their county's branch of the court of common pleas, and the clerk
of the orphans' court in a judicial district now having a separate
orphans' court shall become the clerk of the orphans' court
division of the court of common pleas, and these officers shall
continue to perform the duties of the office and to maintain and
be responsible for the records, books and dockets as heretofore.
In judicial districts where the clerk of the orphans' court is not
the register of wills, he shall continue to perform the duties of
the office and to maintain and be responsible for the records,
books and dockets as heretofore until otherwise provided by law.
THE CITY OF PHILADELPHIA
Courts and Judges
Section 16.
Until otherwise provided by law:
(a) The court of common pleas shall consist of a trial division,
orphans' court division and family court division.
(b) The judges of the court of common pleas shall become judges
of the trial division of the court of common pleas provided for in
this article and their tenure shall not otherwise be affected.
(c) The judges of the county court shall become judges of the
family court division of the court of common pleas and their tenure
shall not otherwise be affected.
(d) The judges of the orphans' court shall become judges of the
orphans' court division of the court of common pleas and their
tenure shall not otherwise be affected.
(e) As designated by the Governor, twenty-two of the present
magistrates shall become judges of the municipal court and six
shall become judges of the traffic court, and their tenure shall
not otherwise be affected.
(f) One of the judges of the court of common pleas shall be
president judge and he shall be selected in the manner provided in
section ten (d) of this article. He shall be the administrative
head of the court and shall supervise the court's judicial
business.
(g) Each division of the court of common pleas shall be presided
over by an administrative judge, who shall be one of its judges and
shall be elected for a term of five years by a majority vote of the
judges of that division. He shall assist the president judge in
supervising the judicial business of the court and shall be
responsible to him. Subject to the foregoing, the judges of the
court of common pleas shall prescribe rules defining the duties of
the administrative judges. The president judge shall have the
power to assign judges from each division to each other division
of court when required to expedite the business of the court.
(h) Until all members of the municipal court are members of the
bar of the Supreme Court, the president judge of the court of
common pleas shall appoint one of the judges of the municipal court
as president judge for a five-year term or at the pleasure of the
president judge of the court of common pleas. The president judge
of the municipal court shall be eligible to succeed himself as
president judge for any number of terms and shall be the
administrative head of that court and shall supervise the judicial
business of the court. He shall promulgate all administrative
rules and regulations and make all judicial assignments. The
president judge of the court of common pleas may assign temporarily
judges of the municipal court who are members of the bar of the
Supreme Court to the court of common pleas when required to
expedite the business of the court.
(i) The Governor shall appoint one of the judges of the traffic
court as president judge for a term of five years or at the
pleasure to the Governor. The president judge of the traffic court
shall be eligible to succeed himself as president judge for any
number of terms, shall be the executive and administrative head of
the traffic court, and shall supervise the judicial business of the
court, shall promulgate all administrative rules and regulations,
and shall make all judicial assignments.
(j) The exercise of all supervisory and administrative powers
detailed in this section sixteen shall be subject to the
supervisory and administrative control of the Supreme Court.
(k) The prothonotary shall continue to exercise the duties of that
office for the trial division of the court of common pleas and for
the municipal court.
(l) The clerk of quarter sessions shall continue to exercise the
duties of that office for the trial division of the court of common
pleas and for the municipal court.
(m) That officer serving as clerk to the county court shall
continue to exercise the duties of that office for the family
division of the court of common pleas.
(n) The register of wills shall serve ex officio as clerk of the
orphans' court division of the court of common pleas.
(o) The court of common pleas shall have unlimited original
jurisdiction in all cases except those cases assigned by this
schedule to the municipal court and to the traffic court. The
court of common pleas shall have all the jurisdiction now vested
in the court of common pleas, the court of oyer and terminer and
general jail delivery, courts of quarter sessions of the peace,
orphans' court, and county court. Jurisdiction in all of the
foregoing cases shall be exercised through the trial division of
the court of common pleas except in those cases which are assigned
by this schedule to the orphans' court and family court divisions
of the court of common pleas. The court of common pleas through
the trial division shall also hear and determine appeals from the
municipal court and traffic court.
(p) The court of common pleas through the orphans' court division
shall exercise the jurisdiction heretofore exercised by the
orphans' court.
(q) The court of common pleas through the family court division
of the court of common pleas shall exercise jurisdiction in the
following matters:
(i) Domestic Relations: desertion or nonsupport of wives, children
and indigent parents, including children born out of wedlock;
proceedings for custody of children; divorce and annulment and
property matters relating thereto.
(ii) Juvenile Matters: dependent, delinquent and neglected
children and children under eighteen years of age, suffering from
epilepsy, nervous or mental defects, incorrigible, runaway and
disorderly minors eighteen to twenty years of age and preliminary
hears in criminal cases where the victim is a juvenile.
(iii) Adoptions and Delayed Birth Certificates
(r) The municipal court shall have jurisdiction in the following
matters.
(i) Committing magistrates' jurisdiction in all criminal matters.
(ii) All summary offenses, except those under the motor vehicle
laws.
(iii) All criminal offenses for which no prison term may be
imposed or which are punishable by a term of imprisonment of not
more than two years, and indictable offenses under the motor
vehicle laws for which no prison term may be imposed or punishable
by a term of imprisonment of not more than three years. In these
cases, the defendant shall have no right of trial by jury in that
court, but he shall have the right of appeal for trial de novo
including the right to trial by jury to the trial division of the
court of common pleas. Until there are a sufficient number of
judges who are members of the bar of the Supreme Court serving in
the municipal court to handle such matters, the trial division of
the court of common pleas shall have concurrent jurisdiction over
such matters, the assignment of cases to the respective courts to
be determined by rule prescribed by the president judge of the
court of common pleas.
(iv) Matters arising under the Landlord and Tenant Act of 1951.
(v) All civil claims involving less than five hundred dollars.
In these cases, the parties shall have no right of trial by jury
in that court but shall have a right of appeal for a trial de novo
including the right to trial by jury to the trial division of the
court of common pleas, it being the purpose of this subsection to
establish an expeditious small claims procedure whereby it shall
not be necessary for the litigants to obtain council. This limited
grant of civil jurisdiction shall be co-extensive with the civil
jurisdiction of the trial division of the court of common pleas.
(vi) As commissioners to preside at arraignments, fix and accept
bail, issue warrants and perform duties of a similar nature. The
grant of jurisdiction under clauses (iii) and (v) of this
subsection may be exercised only by those judges who are members
of the bar of the Supreme Court.
(s) The traffic court shall have exclusive jurisdiction of all
summary offenses under the motor vehicle laws.
(t) the courts of oyer and terminer and general jail delivery,
quarter sessions of the peace, the county court, the orphans' court
and the ten separate courts of common pleas are abolished and their
jurisdiction and powers shall be exercised by the court of common
pleas provided for in this article through the divisions
established by this schedule.
(u) The office of magistrate, the board of magistrates and the
present traffic court are abolished.
(v) Those judges appointed to the municipal court in accordance
with subsection (e) of this section who are not members of the bar
of the Supreme Court shall be eligible to complete their present
terms and to be elected to and serve for one additional term, but
not thereafter.
(w) The causes, proceedings, books, dockets and records of the
abolished courts shall become those of the court or division
thereof to which, under this schedule, jurisdiction of the
proceedings or matters concerned has been transferred, and that
court or division thereof shall determine and conclude such
proceedings as if it had assumed jurisdiction in the first
instance.
(x) The present president judges of the abolished courts and chief
magistrate shall continue to receive the compensation to which they
are now entitled as president judges and chief magistrate until the
end of their present terms as president judges and chief magistrate
respectively.
(y) The offices of prothonotary and register of wills in the City
of Philadelphia shall no longer be considered constitutional
offices under this article, but their powers and functions shall
continue as at present until these offices are covered in the Home
Rule Charter by a referendum in the manner provided by law.
(z) If a community court is established in the City of
Philadelphia, a person serving as a judge of the municipal or
traffic court at that time:
(i) Notwithstanding the provisions of subsection (v) of this
section, may complete his term exercising the jurisdiction provided
by law and with the compensation provided by law; and
(ii) At the completion of his term, his office is abolished and
no jurisdiction of the kind exercised by those officers immediately
after the effective date of this article and schedule shall
thereafter be exercises other than by the community court.
ALLEGHENY COUNTY
Courts
Section 17.
Until otherwise provided by law:
(a) The court of common pleas shall consist of a trial division,
an orphans' court division and a family court division; the courts
of oyer and terminer and general jail delivery and quarter sessions
of the peace, the county court, the orphans' court, and the
juvenile court are abolished and their present jurisdiction shall
be exercised by the court of common pleas. Until otherwise
provided by rule of the court of common pleas and, except as
otherwise provided in this schedule,the court of common pleas shall
exercise the jurisdiction of the present court of common pleas and
the present county court through the trial division. Until
otherwise provided by rule of the court of common pleas, the
jurisdiction of the present orphans' court, except as otherwise
provided in this schedule, shall be exercised by the court of
common pleas through the orphans' court division.
(b) Until otherwise provided by rule of the court of common pleas,
the court of common pleas shall exercise jurisdiction in the
following matters through the family court division:
(i) Domestic Relations: Desertion or nonsupport or nonsupport of
wives, children and indigent parents, including children born out
of wedlock; proceedings, including habeas corpus, for custody of
children; divorce and annulment and property matters relating
thereto.
(ii) Juvenile Matters: All matters now within the jurisdiction
of the juvenile court.
(iii) Adoptions and Delayed Birth Certificates.
Judges
Section 18.
Until otherwise provided by law, the present judges
of the court of common pleas shall continue to act as the judges
of that court; the present judges of the county court shall become
judges of the court of common pleas; the present judges of the
orphans' court shall become judges of the orphans' court division
of the court of common pleas; the present judges of the juvenile
court shall become judges of the family court division of the court
of common pleas.
President Judges
Section 19.
The present president judge of the court of common
pleas may complete his term as president judge; the present
president judge of the orphans' court shall be the president judge
of the orphans' court division of the court of common pleas for the
remainder of his term as president judge, and the present president
judge of the county court shall be the president judge of the
family court division of the court of common pleas for the
remainder of his term as president judge, all these without
diminution of salary as president judge. The president judge of
the trial division shall be selected pursuant to section twenty of
this schedule.
President Judges; Court Division
Section 20.
Until otherwise provided by law, the trial division,
the orphans' court division and the family court division of the
court of common pleas shall each be presided over by a president
judge, who shall be one of the judges of such division and shall
be elected for a term of five years by a majority vote of the
judges of that division. He shall assist the president judge of
the court of common pleas in supervising the judicial business of
the court and shall be responsible to him. Subject to the
foregoing, the judges of the court of common pleas shall prescribe
rules defining the duties of the president judges. The president
judge of the court of common pleas shall have the power to assign
judges from one division to another division of the court when
required to expedite the business of the court. The exercise of
these supervisory and administrative powers, however, shall be
subject to the supervisory and administrative powers of the Supreme
Court.
THE CITY OF PITTSBURGH
Inferior Courts
Section 21.
Upon the establishment of magisterial districts
pursuant to this article and schedule, and unless otherwise
provided by law, the police magistrates, including those serving
in the traffic court, the housing court and the city court shall
continue as at present. Such magistrates shall be part of the
unified judicial system and shall be subject to the general
supervisory and administrative authority of the Supreme Court.
Such magistrates shall be subject to the provisions of this article
and schedule regarding educational requirements and prohibited
activities of justices of the peace.
CAUSES, PROCEEDINGS, BOOKS AND RECORDS
Causes, Proceedings, Books and Records
Section 22.
All causes and proceedings pending in any abolished
court or office of the justice of the peace shall be determined and
concluded by the court to which jurisdiction of the proceedings has
been transferred under this schedule and all books, dockets and
records of any abolished court or office of the justice of the
peace shall become those of the court to which, under this
schedule, jurisdiction of the proceedings concerned has been
transferred.
COMMISSION AND BOARD
Judicial Qualifications Commission
Section 23.
The selection of the first members of the Judicial
Qualifications Commission provided for in section fourteen (a) of
this article shall be made as follows: The Governor shall appoint
the four non-lawyer members for terms of, respectively, one year,
three years, five years and seven years, no more than two of whom
shall be members of the same political party. The Supreme Court
shall appoint the three non-judge members of the bar of the Supreme
Court of Pennsylvania for terms, respectively, of two years, four
years and six years, no more than two of whom shall be members of
the same political party.
Judicial Inquiry and Review Board
Section 24.
The selection of the first members of the Judicial
Inquiry and Review Board shall be made as follows: one judge of
the Superior Court, one non-judge member of the bar of the Supreme
Court, and one non-lawyer member shall be selected for two-year
terms; one judge of the Superior Court, one non-judge member of the
bar of the Supreme Court, and one non-lawyer member shall be
selected for four years terms; one judge of the court of common
pleas shall be selected for a term of two years, one for a term of
three years, and one for a term of four years.
GENERAL PROVISIONS
Dispensing with Trial by Jury
Section 25.
Until otherwise provided by law, the parties, by
agreement filed, may in any civil case dispense with trial by jury,
and submit the decision of such case to the court having
jurisdiction thereof, and such court shall hear and determine the
same; and the judgment thereon shall be subject to writ of error
as in other cases.
Writs of Certiorari
Section 26.
Unless and until changed by rule of the Supreme
Court, in addition to the right of appear under section nine of
this article, the judges of the courts of common pleas, within
their respective judicial districts, shall have power to issue
writs of certiorari to the municipal court in the City of
Philadelphia, justices of the peace and inferior courts not of
record and to cause their proceedings to be brought before them,
and right and justice to be done.
Judicial Districts
Section 27.
Until changed in accordance with section eleven of
this article, the number and boundaries of judicial districts shall
remain as at present.
Referendum
Section 28.
The officer of the Commonwealth who under law shall
have supervision over elections shall cause the question provided
for in section thirteen (d) of this article to be placed on the
ballot in the 1969 primary election throughout the Commonwealth.
Persons Specially Admitted by Local Rules
Section 29.
Any person now specially admitted to practice may
continue to practice in the court of common pleas or in that
division of the court of common pleas and the municipal court in
the City of Philadelphia which substantially includes the practice
for which such person was previously specially admitted.
Article VI
PUBLIC OFFICERS
Section of Officers Not Otherwise Provided for in Constitution
Section 1.
All officers, whose selection is not provided for in
this Constitution, shall be elected or appointed as may be directed
by law.
Incompatible Offices
Section 2.
No member of Congress from this State, nor any person
holding or exercising any office or appointment of trust or profit
under the United States, shall at the same time hold or exercise
any office in this State to which a salary, fees or perquisites
shall be attached. The General Assembly may be law declare what
offices are incompatible.
Oath of Office
Section 3.
Senators, Representatives and all judicial, State and
county officers shall, before entering on the duties of their
respective offices, take and subscribe the following oath or
affirmation before a person authorized to administer oaths.
"I do solemnly swear (or affirm) that I will support, obey and
defend the Constitution of the United States and the Constitution
of this Commonwealth and that I will discharge the duties of my
office with fidelity."
The oath or affirmation shall be administered to a member of the
Senate or to a member of the House of Representatives in the hall
of the House to which he shall have been elected.
Any person refusing to take the oath or affirmation shall forfeit
his office.
Power of Impeachment
Section 4.
The House of Representatives shall have the sole power
of impeachment.
Trial of Impeachments
Section 5.
All impeachments shall be tried by the Senate. When
sitting for that purpose the Senators shall be upon oath or
affirmation. No person shall be convicted without the concurrence
of two-thirds of the members present.
Officers Liable to Impeachment
Section 6.
The Governor and all other civil officers shall be
liable to impeachment for any misbehavior in office, but judgment
in such cases shall not extend further than to removal from office
and disqualification to hold any office of trust or profit under
this Commonwealth. The person accused, whether convicted or
acquitted, shall nevertheless be liable to indictment, trial,
judgment and punishment according to law.
Removal of Civil Officers
Section 7.
All civil officers shall hold their offices on the
condition that they behave themselves well while in office, and
shall be removed on conviction of misbehavior in office or of any
infamous crime. Appointed civil officers, other than judges of the
courts of record, may be removed at the pleasure of the power by
which they shall have been appointed. All civil officers elected
by the people, except the Governor, the Lieutenant Governor,
members of the General Assembly and judges of the courts of record,
shall be removed by the Governor for reasonable cause, after due
notice and full hearing, on the address of two-thirds of the
Senate.
Article VII
ELECTIONS
Qualifications of Electors
Section 1.
Every citizen 21 years of age, possessing the
following qualifications, shall be entitled to vote at all
elections subject, however, to such laws requiring and regulating
the registration of electors as the General Assembly may enact.
1. He or she shall have been a citizen of the United States at
least one month.
2. He or she shall have resided in the State ninety (90) days
immediately preceding the election.
3. He or she shall have resided in the election district where
he or she shall offer to vote at least sixty (60) days immediately
preceding the election, except that if qualified to vote in an
election district prior to removal of residence, he or she may, if
a resident of Pennsylvania, vote in the election district from
which he or she removed his or her residence within sixty (60) days
preceding the election.
General Election Day
Section 2.
The general election shall be held biennially on the
Tuesday next following the first Monday of November in each even-
numbered year, but the General Assembly may be law fix a different
day, two-thirds of all the members of each House consenting
thereto: Provided, that such election shall always be held in an
even-numbered year.
Municipal Election Day; Offices to Be Filled on Election Days
Section 3.
All judged elected by the electors of the State at
large may be elected at either a general or municipal election, as
circumstances may require. All elections for judges of the courts
for the several judicial districts, and for county, city, ward,
borough, and township officers, for regular terms of service, shall
be held on the municipal election day; namely, the Tuesday next
following the first Monday of November in each odd-numbered year,
but the General Assembly may by law fix a different day, two-thirds
of all the members of each House consenting thereto: Provided,
That such elections shall be held in an odd-numbered year:
Provided further, That all judges for the courts of the several
judicial districts holding office at the present time, whose terms
of office may end in an odd-numbered year, shall continue to hold
their offices until the first Monday of January in the next
succeeding even-numbered year.
Method of Elections; Secrecy in Voting
Section 4.
All elections by the citizens shall be by ballot or
by such other method as may be prescribed by law; Provided, That
secrecy in voting be preserved.
Electors Privileged from Arrest
Section 5.
Electors shall in all cases except treason, felony and
breach or surety of the peace, be privileged from arrest during
their attendance on elections and in going to and returning
therefrom.
Election and Registration Laws
Section 6.
All laws regulating the holding of elections by the
citizens, or for the registration of electors, shall be uniform
throughout the State, except that laws regulating and requiring the
registration of electors may be enacted to apply to cities only,
provided that such laws be uniform for cities of the same class,
and except further, that the General Assembly shall by general law,
permit the use of voting machines, or other mechanical devices for
registering or recording and computing the vote, at all elections
or primaries, in any county, city, borough, incorporated town or
township of the Commonwealth, at the option of the electors of such
county, city, borough, incorporated town or township, without being
obliged to require the use of such voting machines or mechanical
devices in any other county, city, borough, incorporated town or
township, under such regulations with reference thereto as the
General Assembly may from time to time prescribe. The General
Assembly may, from time to time, prescribe the number and duties
of election officers in any political subdivision of the
Commonwealth in which voting machines or other mechanical devices
authorized by this section may be used.
Bribery of Electors
Section 7.
Any person who shall give, or promise or offer to
give, to an elector, any money, reward or other valuable
consideration for his vote at an election, or for withholding the
same, or who shall give or promise to give such consideration to
any other person or party for such elector's vote for the
withholding thereof, and any elector who shall receive or agree to
receive, for himself or for another, any money, reward or other
valuable consideration for his vote at an election, or for
withholding the same, shall thereby forfeit the right to vote at
such election, and any elector whose right to vote shall be
challenged for such cause before the election officers, shall be
required to swear or affirm that the matter of the challenge is
untrue before his vote shall be received.
Witnesses in Contested Elections
Section 8.
In trials of contested elections and in proceedings
for the investigation of elections, no person shall be permitted
to withhold his testimony upon the ground that it may criminate
himself or subject him to public infamy; but such testimony shall
not afterwards be used against him in any judicial proceedings
except for perjury in giving such testimony.
Fixing Election Districts
Section 9.
Townships and wards of cities or boroughs shall form
or be divided into election districts of compact and contiguous
territory and their boundaries fixed and changed in such manner as
may be provided by law.
Viva Voce Elections
Section 10.
All elections by persons in a representative capacity
shall be viva voce or by automatic recording device publicly
indicating how each person voted.
Election Officers
Section 11.
District election boards shall consist of a judge and
two inspectors, who shall be chosen at municipal elections for such
terms as may be provided by law. Each elector shall have the right
to vote for the judge and one inspector, and each inspector shall
appoint one clerk. The first election board for any new district
shall be selected, and vacancies in election boards filled, as
shall be provided by law. Election officers shall be privileged
from arrest upon days of election, and while engaged in making up
and transmitting returns, except upon warrant of a court of record
or judge thereof, for an election fraud, for felony, or for wanton
breach of the peace. In cities they may claim exemption from jury
during their terms of service.
Disqualifications for Service as Election Officer
Section 12.
No person shall be qualified to serve as an election
officer who shall hold, or shall within two months have held any
office, appointment or employment in or under the government of the
United States, or of this State, or of any city, or county, or of
any municipal board, commission or trust in any city, save only
notaries public and persons in the National Guard or in a reserve
component of the armed forces of the United States; nor shall any
election officer be eligible to any civil office to be filled at
an election at which he shall serve, save only to such subordinate
municipal or local offices, below the grade of city or county
offices, as shall be designated by general law.
Contested Elections
Section 13.
The trial and determination of contested elections
of electors of President and Vice-President, members of the General
Assembly, and of all public officers, whether State, judicial,
municipal or local, and contests involving questions submitted to
the electors at any election shall be by the courts of law, or by
one or more of the law judges thereof. The General Assembly shall,
by general law, designate the courts and judges by whom the several
classes of election contests shall be tried and regulate the manner
of trial and all matters incident thereto; but no such law
assigning jurisdiction, or regulating its exercise, shall apply to
any contest arising out of an election held before its passage.
Absentee Voting
Section 14.
The Legislature shall, by general law, provide
a manner in which, and the time and place at which, qualified
electors who may, on the occurrence of any election, be absent from
the State or county of their residence, because their duties,
occupation or business require them to be elsewhere or who, on the
occurrence of any election, are unable to attend at their proper
polling places because of illness or physical disability or who
will not attend a polling place because of the observance of a
religious holiday or who cannot vote because of election day
duties, in the case of a county employee, may vote, and for the
return and canvass of their votes in the election district in which
they respectively reside.
Article VIII
TAXATION AND FINANCE
Uniformity of Taxation
Section 1.
All taxes shall be uniform, upon the same class of
subjects, within the territorial limits of the authority levying
the tax, and shall be levied and collected under general laws.
Exemptions and Special Provisions
Section 2.
(a) The General Assembly may by law exempt from
taxation:
(i) Actual places of regularly states religious worship:
(ii) Actual places of burial, when used or held by a person or
organization deriving no private or corporate profit therefrom and
no substantial part of whose activity consists of selling personal
property in connection therewith;
(iii) That portion of public property which is actually and
regularly used for public purposes;
(iv) That portion of the property owned and occupied by any
branch, post or camp of honorably discharged servicemen or
servicewomen which is actually and regularly used for benevolent,
charitable or patriotic purposes; and
(v) Institutions of purely public charity, but in the case of any
real property tax exemptions only that portion of real property of
such institution which is actually and regularly used for the
purposes of the institution.
(b) The General Assembly may, by law:
(i) Establish standards and qualifications for private forest
reserves, agriculture reserves, and land actively devoted to
agriculture use, and make special provision for the taxation
thereof;
(ii) Establish as a class or classes of subjects of taxation the
property or privileges of persons who, because of age, disability,
infirmity or poverty are determined to be in need of tax exemption
or of special tax provisions, and for any such class or classes and
standards and qualifications,and except as herein provided may
impose taxes, grant exemptions, or make special tax provisions in
accordance therewith. No exemption or special provision shall be
made under this clause with respect to taxes upon the sale or use
of personal property, and no exemption from any tax upon real
property shall be granted by the General Assembly under this clause
unless the General Assembly shall provide for the reimbursement of
local taxing authorities by or through the Commonwealth for revenue
losses occasioned by such exemption;
(iii) Establish standards and qualifications by which local taxing
authorities may make uniform special tax provisions applicable to
a taxpayer for a limited period of time to encourage improvement
of deteriorating property or areas by an individual, association
or corporation, or to encourage industrial development by a non-
profit corporation; and
(iv) Make special tax provisions on any increase in value of real
estate resulting from residential construction. Such special tax
provisions shall be applicable for a period not to exceed two
years.
(v) Establish standards and qualifications by which local taxing
authorities in counties of the first and second class make uniform
special real property tax provisions applicable to taxpayers who
are long-time owner-occupants as shall be defined by the General
Assembly of residences in areas where real property values have
risen markedly as a consequence of the refurbishing or renovating
of other deteriorating residences or the construction of new
residences.
(c) Citizens and residents of this Commonwealth, who served in any
war or armed conflict in which the United States was engaged and
were honorably discharged or released under honorable circumstances
from active service, shall be exempt from the payment of all real
property taxes upon the residence occupied by the said citizens and
residents of this Commonwealth imposed by the Commonwealth of
Pennsylvania or any of its political subdivisions if, as a result
of military service, they are blind, paraplegic or double or
quadruple amputees or have a service-connected disability declared
by the United States Veterans' Administration or its successor to
be a total or 100% permanent disability, and if the State Veterans'
Commission determines that such persons are in need of the tax
exemptions granted herein. This exemption shall be extended to the
unmarried surviving spouse upon the death of an eligible veteran
provided that the State Veterans' Commission determines that such
person is in need of the exemption.
Reciprocal Exemptions
Section 3.
Taxation laws may grant exemptions or rebates to
residents, or estates of residents, of other States which grant
similar exemptions or rebates to residents, or estates of
residents, of Philadelphia.
Public Utilities
Section 4.
The real property of public utilities is subject to
real estate taxes imposed by local taxing authorities. Payment to
the Commonwealth of gross receipts taxes or other special taxes in
replacement of gross receipts taxes by a public utility and the
distribution by the Commonwealth to the local taxing authorities
of the amount as herein provided shall, however, be in lieu of
local taxes upon its real property which is used or useful in
furnishing its public utility service. The amount raised annually
by such gross receipts or other special taxes shall not be less
than the gross amount of real estate taxes which the local taxing
authorities could have imposed upon such real property but for the
exemption herein provided. This gross amount shall be determined
in the manner provided by law. An amount equivalent to such real
estate taxes shall be distributed annually among all local taxing
authorities in the proportion which the total tax receipts of each
local taxing authority bear to the total tax receipts of all local
taxing authorities, or in such other equitable proportions as may
be provided by law.
Notwithstanding the provisions of this section, any law which
presently subjects real property of public utilities to local real
estate taxation by local taxing authorities shall remain in full
force and effect.
Exemption from Taxation Restricted
Section 5.
All laws exempting property from taxation, other than
the property above enumerated, shall be void.
Taxation of Corporations
Section 6.
The power to tax corporations and corporate property
shall not be surrendered or suspended by any contract or grant to
which the Commonwealth shall be a party.
Commonwealth Indebtedness
Section 7.
(a) No debt shall be incurred by or on behalf of the
Commonwealth except by law and in accordance with the provisions
of this section.
(1) Debt may be incurred without limit to suppress insurrection,
rehabilitate areas affected by man-made or natural disaster, or to
implement unissued authority approved by the electors prior to the
adoption of this article.
(2) The Governor, State Treasurer and Auditor General, acting
jointly, may
(i) issue tax anticipation notes having a maturity
within the fiscal year of issue and payable exclusively from
revenues received in the same fiscal year, and (ii) incur debt for
the purpose of refunding other debt, if such refunding debt matures
within the term of the original debt.
(3) Debt may be incurred without limit for purposes specifically
itemized in the law authorizing such debt, if the question whether
the debt shall be incurred has been submitted to the electors and
approved by a majority of those voting on the question.
(4) Debt may be incurred without the approval of the electors for
capital projects specifically itemized in a capital budget, if such
debt will not cause the amount of all net debt outstanding to
exceed one and three-quarters times the average of the annual tax
revenues deposited in the previous five fiscal years as certified
by the Auditor General. For the purposes of this subsection, debt
outstanding shall not include debt incurred under clauses (1) and
(2) (i), or debt incurred under clause (2) (ii) if the original
debt would not be so considered, or debt incurred under subsection
(3) unless the General Assembly shall so provide in the law
authorizing such debt.
(b) All debt incurred for capital projects shall mature within a
period not to exceed the estimated useful life of the projects as
stated in the authorizing law, and when so stated shall be
conclusive. All debt, except indebtedness permitted by clause (2)
(i), shall be amortized in substantial and regular amounts, the
first of which shall be due prior to the expiration of a period
equal to one-tenth the term of the debt.
(c) As used in this section, debt shall mean the issued and
outstanding obligations of the Commonwealth and shall include
obligations of its agencies or authorities to the extent they are
to be repaid from lease rentals or other charges payable directly
or indirectly from revenues of the Commonwealth. debts shall not
include either (1) that portion of obligations to be repaid from
charges made to the public for the use of the capital projects
financed, as determined by the Auditor General, or (2) obligations
to be repaid from lease rentals or other charges payable by a
school district or other local taxing authority, (3) obligations
to be repaid by agencies or authorities created for the joint
benefit of the Commonwealth and one or more other State
governments.
(d) If sufficient funds are not appropriated for the timely
payment of the interest upon and installments of principal of all
debt, the State Treasurer shall set apart from the first revenues
thereafter received applicable to the appropriate fund a sum
sufficient to pay such interest and installments of principal, and
shall so apply the money so set apart. The State Treasurer may be
required to set aside and apply such revenues at the suit of any
holder of Commonwealth obligations.
Commonwealth Credit Not to Be Pledged
Section 8.
The credit of the Commonwealth shall not be pledged
or loaned to any individual, company, corporation or association
nor shall the Commonwealth become a joint owner or stockholder in
any company, corporation or association.
Municipal Debt Not to be Assumed by Commonwealth
Section 9.
The Commonwealth shall not assume the debt,or any part
thereof, of any county, city,borough, incorporated town, township
or any similar general purpose unit of government unless such debt
shall have been incurred to enable the Commonwealth to suppress
insurrection or to assist the Commonwealth in the discharge of any
portion of its present indebtedness.
Audit
Section 10.
The financial affairs of any entity funded or
financially aided by the Commonwealth, and all departments, boards,
commissions, agencies, instrumentalities, authorities and
institutions of the Commonwealth, shall be subject to audits made
in accordance with generally accepted auditing standards.
Any Commonwealth officer whose approval is necessary for any
transaction relative to the financial affairs of the Commonwealth
shall not be charged with the function of auditing that transaction
after its occurrence.
Gasoline Taxes and Motor License Fees Restricted
Section 11.
(a) All proceeds from gasoline and other motor fuel
excise taxes, motor vehicle registration fees and license taxes,
operators' license fees and other excise taxes imposed on products
used in motor transportation after providing therefrom for (a) cost
of administration and collection, (b) payment of obligations
incurred in the construction and reconstruction of public highways
and bridges shall be appropriated by the General Assembly to
agencies of the State or political subdivisions thereof; and used
solely for construction, reconstruction, maintenance and repair of
and safety on public highways and bridges and costs and expenses
incident thereto, and for the payment of obligations incurred for
such purposes, and shall not be diverted by transfer or otherwise
to any other purpose, except that loans may be made by the State
from the proceeds of such taxes and fees for a single period not
exceeding eight months, but no such loan shall be made within the
period of one year from any preceding loan, and every loan made in
any fiscal year shall be repayable within one month after the
beginning of the next fiscal year.
(b) All proceeds from aviation fuel excise taxes, after providing
therefrom for the cost of administration and collection, shall be
appropriated by the General Assembly to agencies of the State or
political subdivisions thereof and used solely for: the purchase,
construction, reconstruction, operation and maintenance of airports
and other air navigation facilities; aircraft accident
investigation; the operation, maintenance and other costs of
aircraft owned or leased by the Commonwealth; any other purpose
reasonable related to air navigation including but not limited to
the reimbursement of airport property owners for property tax
expenditures; and costs and expenses incident thereto and for the
payment of obligations incurred for such purposes, and shall not
be diverted by transfer or otherwise to any other purpose.
Governor's Budgets and Financial Plan
Section 12.
Annually, at the times set by law, the Governor shall
submit to the General Assembly:
(a) A balanced operating budget for the ensuing fiscal year
setting forth in detail (i) proposed expenditures classified by
department or agency and by program and (ii) estimated revenues
from all sources. If estimated revenues and available surplus are
less than proposed expenditures, the Governor shall recommend
specific additional sources of revenue sufficient to pay the
deficiency and the estimated revenue to be derived from each
source;
(b) A capital budget for the ensuing fiscal year setting forth in
detail proposed expenditures to be financed from the proceeds of
obligations of the Commonwealth or of its agencies or authorities
or from operating funds; and
(c) A financial plan for not less than the next succeeding five
fiscal years, which plan shall include for each such fiscal year:
(i) Projected operating expenditures classified by department or
agency and by program, in reasonable detail, and estimated
revenues, by major categories, from existing and additional
sources, and
(ii) Projected expenditures for capital projects specifically
itemized by purpose, and the proposed sources of financing each.
Appropriations
Section 13.
(a) Operating budget appropriations made by the
General Assembly shall not exceed the actual and estimated revenues
and surplus available in the same fiscal year.
(b) The General Assembly shall adopt a capital budget for the
ensuing fiscal year.
Surplus
Section 14.
All surplus of operating funds at the end of the
fiscal year shall be appropriated during the ensuing fiscal year
by the General Assembly.
Project "70"
Section 15.
In addition to the purposes stated in Article VIII,
section seven of this Constitution, the Commonwealth may be
authorized by law to create debt and to issue bonds to the amount
of $70,000,000 for the acquisition of land for State parks,
reservoirs and other conservation and recreation and historical
preservation purposes, and for participation by the Commonwealth
with political subdivisions in the acquisition of land for parks,
reservoirs and other conservation and recreation and historical
preservation purposes, subject to such conditions and limitations
as the General Assembly may prescribe.
Land and Water Conservation and Reclamation Fund
Section 16.
In addition to the purposed stated in Article VIII,
section seven of this Constitution, the Commonwealth may be
authorized by law to create a debt and issue bonds in the amount
of $500,000,000 for a Land and Water Conservation and reclamation
Fund to be used for the conservation and reclamation of land and
water resources of the Commonwealth, including the elimination of
acid mine drainage, sewage, and other pollution from the streams
of the Commonwealth, the provision of State financial assistance
to political subdivisions and municipal authorities of the
Commonwealth of Pennsylvania for the construction of sewage
treatment plants,t he restoration of abandoned strip-mined areas,
the control and extinguishment of surface and underground mine
fires, the alleviation and prevention of subsidence resulting from
mining operations, and the acquisition of additional lands and the
reclamation and development of part and recreational lands acquired
pursuant to the authority of Article VII, section 15 of this
Constitution, subject to such conditions and liabilities as the
General Assembly may prescribe.
Special Emergency Legislation
Section 17.
(a) Notwithstanding any provisions of this
Constitution to the contrary, the General Assembly shall have the
authority to enact laws providing for tax rebates, credits
exemptions, grants-in-aid, State supplementations, or otherwise
provide special provisions for individuals, corporations,
associations or nonprofit institutions, including nonpublic schools
(whether sectarian or nonsectarian) in order to alleviate the
danger, damage, suffering or hardship faced by such individuals,
corporations, associations, institutions or nonpublic schools as
a result of Great Storms or Floods of September 1971, of June 1972,
or of 1974, or of 1975 or of 1976.
(b) Notwithstanding the provisions of Article III, section 29
subsequent to a Presidential declaration of an emergency or of a
major disaster in any part of this Commonwealth, the General
Assembly shall have the authority by a vote of two-thirds of all
members elected to each House to make appropriations limited to
moneys required for Federal emergency or major disaster relief.
This subsection may apply retroactively to any Presidential
declaration of an emergency or of a major disaster in 1976 or 1977.
Article IX
LOCAL GOVERNMENT
Local Government
Section 1.
The General Assembly shall provide by general law for
local government within the Commonwealth. Such general law shall
be uniform as to all classes of local government regarding
procedural matters.
Home Rule
Section 2.
Municipalities shall have the right and power to frame
and adopt home rule charters. Adoption, amendment or repeal of a
home rule charter shall be by referendum. The General Assembly
shall provide the procedure by which a home rule charter may be
framed and its adoption, amendment or repeal presented to these
electors. If the General Assembly does not so provide, a home rule
charter or a procedure for framing and presenting a home rule
charter may presented to the electors by initiative or by the
governing body of the municipality. A municipality which has a
home rule charter may exercise any power or perform any function
not denied by this Constitution, by its home rule charter or by the
General Assembly at any time.
Optional Plans
Section 3.
Municipalities shall have the right and power to adopt
optional forms of government as provided by law. The General
Assembly shall provide optional forms of government for all
municipalities. An optional form of government shall be presented
to the electors by initiative, by the governing body of the
municipality, or by the General Assembly. Adoption or repeal of
an optional form of government shall be by referendum.
County Government
Section 4.
County officers shall consist of commissioners,
controllers, or auditors, district attorneys, public defenders,
treasurers, sheriffs, registers of wills, recorders of deeds,
prothonotaries, clerks of the courts, and such others as may from
time to time be provided by law.
County officers, except for public defenders who shall be
appointed as shall be provided by law, shall be elected at the
municipal elections and shall hold their offices for the term of
four years, beginning on the first Monday of January next after
their election, and until their successors shall be duly qualified;
all vacancies shall be filled in such a manner as may be provided
by law.
County officers shall be paid only by salary as provided by law
for services performed for the county or any other governmental
unit. Fees incidental to the conduct of any county office shall
be payable directly to the county or the Commonwealth, or as
otherwise provided by law.
Three county commissioners shall be elected in each county. In
the election of these officers each qualified elector shall vote
for no more than two persons, and the three persons receiving the
highest number of votes shall be elected.
Provisions for county government in this section shall apply to
every county except a county which has adopted a home rule charter
or an optional form of government. One of the optional forms of
county government provided by law shall include the provisions of
this section.
Intergovernmental Cooperation
Section 5.
A municipality by act of its governing body may, or
upon being required by initiative and referendum in the area
affected shall, cooperate or agree in the exercise of any function,
power or responsibility with, or delegate or transfer any function,
power or responsibility to, one or more other governmental unit
including other municipalities or districts, the Federal
government, any other state or its governmental units, or any newly
created governmental unit.
Area Government
Section 6.
The General Assembly shall provide for the
establishment and dissolution of government of areas involving two
or more municipalities or parts thereof.
Area-wide Powers
Section 7.
The General Assembly may grant powers to area
governments or to municipalities within a given geographical area
in which there exists intergovernmental cooperation or area
government and designate the classes of municipalities subject to
such legislation.
Consolidation, Merger or Boundary Change
Section 8.
Uniform Legislation. -- The General Assembly shall,
within two years following the adoption of this article, enact
uniform legislation establishing the procedure for consolidation,
merger or change of the boundaries of municipalities.
Initiative. -- The electors of any municipality shall have the
right, by initiative and referendum, to consolidate, merge and
change boundaries by a majority vote of those voting thereon in
each municipality, without the approval of any governing body.
Study. -- The General Assembly shall designate an agency of the
Commonwealth to study consolidation, merger and boundary changes,
advise municipalities on all problems which might be connected
therewith, and initiate local referendum.
Legislative Power. -- Nothing herein shall prohibit or prevent the
General Assembly from providing additional methods for
consolidation, merger or change of boundaries.
Appropriation for Public Purposes
Section 9.
The General Assembly shall not authorize any
municipality or incorporated district to become a stockholder in
any company, association or corporation, or to obtain or
appropriate money for, or to loan its credit to, any corporation,
association, institution or individual. The General Assembly may
provide standards by which municipalities or school districts may
give financial assistance or lease property to public service,
industrial or commercial enterprises if it shall find that such
assistance or leasing is necessary to the health, safety or welfare
of the Commonwealth or any municipality or school district.
Existing authority of any municipality or incorporated district to
obtain or appropriate money for, or to loan its credit to, any
corporation, association, institution or individual, is preserved.
Local Government Debt
Section 10.
Subject only to the restrictions imposed by this
section, the General Assembly shall prescribe the debt limits of
all units of local government including municipalities and school
districts. For such purposes, the debt limit base shall be a
percentage of the total revenue, as defined by the General
Assembly, of the unit of local government computed over a specific
period immediately preceding the year of borrowing. The debt limit
to be prescribed in every such case shall exclude all indebtedness
(1) for any project to the extent that it is self-liquidating or
self-supporting or which has heretofore been defined as self-
liquidating or self-supporting, or (2) which has been approved by
referendum held in such manner sa shall be provided by law. The
provisions of this paragraph shall not apply to the City or County
of Philadelphia.
Any unit of local government, including municipalities and school
districts, incurring any indebtedness, shall at or before the time
of so doing adopt a covenant, which shall be binding upon it so
long as any such indebtedness shall remain unpaid, to make payments
out of its sinking fund or any other of its revenues or funds at
such time and in such annual amounts specified in such covenant as
shall be sufficient for the payment of the interest thereon and the
principal thereof when due.
Local Reapportionment
Section 11.
Within the year following that in which the Federal
decennial census is officially reported as required by Federal law,
and at such other times as the governing body of any municipality
shall deem necessary, each municipality having a governing body not
entirely elected at large shall be reapportioned, by its governing
body or as shall otherwise be provided by uniform law, into
districts which shall be composed of compact and contiguous
territory as nearly equal in population as practicable, for the
purpose of describing the districts for those not elected at large.
Philadelphia Debt
Section 12.
The debt of the City of Philadelphia may be increased
in such amount that the total debt of said city shall not exceed
thirteen and one-half percent of the average of the annual assessed
valuations of the taxable realty therein, during the ten years
immediately preceding the year in which such increase is made, but
said city shall not increase its indebtedness to an amount
exceeding three percent upon such average assessed valuation of
realty, without the consent of the electors thereof at a public
election held in such manner as shall be provided by law.
In ascertaining the debt-incurring capacity of the City of
Philadelphia at any time, there shall be deducted from the debt of
said city so much of such debt as shall have been incurred, or is
about to be incurred, and the proceeds thereof expended, or about
to be expended, upon any public improvement, or in construction,
purchase or condemnation of any public utility, or part thereof,
or facility therefor, if such public improvement or public utility,
or part thereof, or facility therefor, may reasonable be expected
to yield revenue in excess of operating expenses sufficient to pay
the interest and sinking fund charges thereon. The method of
determining such amount, so to be deducted, shall be as now
prescribed, or which may hereafter be prescribed by law.
In incurring indebtedness for any purpose the City of Philadelphia
may issue its obligations maturing not later than fifty years from
the date thereof, with provision for a sinking fund to be in equal
or graded annual or other periodical installments. Where any
indebtedness shall be or shall have been incurred by said City of
Philadelphia for the purpose of the construction or improvement of
public works or utilities of any character, from which income or
revenue is to be derived by said city, or for the reclamation of
land to be used in the construction of wharves or docks owned or
to be owned by said city, such obligations may be in an amount
sufficient to provide for, and may include the amount of the
interest and sinking fund charges accruing and which may accrue
thereon throughout the period of construction, and until the
expiration of one year after the completion of the work for which
said indebtedness shall have been incurred.
No debt shall be incurred by, or on behalf of, the County of
Philadelphia.
Abolition of County Offices in Philadelphia
Section 13.
(a) In Philadelphia all county offices are hereby
abolished, and the city shall henceforth perform all functions of
county government within its area through officers selected in such
manner as may be provided by law.
(b) Local and special laws, regulating the affairs of the City of
Philadelphia and creating offices or prescribing the powers and
duties of officers of the City of Philadelphia, shall be valid
notwithstanding the provisions of section thirty-two of Article III
of this Constitution.
(c) All laws applicable to the County of Philadelphia shall apply
to the City of Philadelphia.
(d) The City of Philadelphia shall have, assume and take over all
powers, property, obligations and indebtedness of the County of
Philadelphia.
(e) The provisions of section two of this article shall apply with
full force and effect to the functions of the county government
hereafter to be performed by the city government.
(f) Upon adoption of this amendment all county officers shall
become officers of the City of Philadelphia, and until the General
Assembly shall otherwise provide, shall continue to perform their
duties and be elected, appointed, compensated and organized in such
manner as may be provided by the provisions of this Constitution
and the laws of the Commonwealth in effect at the time this
amendment becomes effective, but such officers serving when this
amendment becomes effective shall be permitted to complete their
terms.
Definitions
Section 14.
As used in this article, the following words shall
have the following meanings:
"Municipality" means a county, city, borough, incorporated town,
township or any similar general purpose unit of government which
shall hereafter be created by the General Assembly.
"Initiative" means the filing with the applicable election
officials at least ninety days prior to the next primary or general
election of a petition containing a proposal for referendum signed
by electors comprising five percent of the number of electors
voting for the office of Governor in the last gubernatorial general
election in each municipality or area affected. The applicable
election official shall place the proposal on the ballot in a
manner fairly representing the content of the petition for decision
by referendum at said election. Initiative on a similar question
shall not be submitted more than once in five years. No enabling
law shall be required for initiative.
"Referendum" means approval of a question placed on the ballot,
by initiative or otherwise, by a majority vote of the electors
voting thereon.
Article X
PRIVATE CORPORATIONS
Certain Unused Charters Void
Section 1.
The charters and privileges granted prior to 1874 to
private corporations which had not been organized in good faith and
commenced business prior to 1874 shall be void.
Certain Charters to Be Subject to the Constitution
Section 2.
Private corporations which have accepted or accept the
Constitution of this Commonwealth or the benefits of any law passed
by the General Assembly after 1873 governing the affairs of
corporations shall hold their charters subject to the provisions
of the Constitution of this Commonwealth.
Revocation, Amendment and Repeal of Charters and Corporation Laws
Section 3.
All charters of private corporations and all present
and future common or statutory law with respect to the formation
or regulation of private corporations or prescribing powers,
rights, duties or liabilities of private corporations or their
officers, directors or shareholders may be revoked, amended or
repealed.
Compensation for Property Taken by Corporations Under Right of
Eminent Domain
Section 4.
Municipal and other corporations invested with the
privilege of taking private property for public use shall make just
compensation for property taken, injured or destroyed by the
construction or enlargement of their works, highways or
improvements and compensation shall be paid or secured before the
taking, injury or destruction.
Article XI
AMENDMENTS
Proposal of Amendments by the General Assembly and Their Adoption
Section 1.
Amendments to this Constitution may be proposed in the
Senate or House of Representatives; and if the same shall be agreed
to by a majority of the members elected to each House, such
proposed amendment or amendments shall be entered on their journals
with the yeas and nays taken thereon, and the Secretary of the
Commonwealth shall causes the same to be published three months
before the next general election, in at least two newspapers in
every county in which such newspapers shall be published; and if,
in the General Assembly next afterwards chosen, such proposed
amendment or amendments shall be agreed to by a majority of the
members elected to each House, the Secretary of the Commonwealth
shall cause the same again to be published in the manner aforesaid;
and such proposed amendment or amendments shall be submitted to the
qualified electors of the State in such manner, and at such time
at least three months after being so agreed to by the two Houses,
as the General Assembly shall prescribe; and, if such amendment or
amendments shall be approved by a majority of those voting thereon,
such amendment or amendments shall become a part of the
Constitution; but no amendment or amendments shall be submitted
oftener than once in five years. When two or more amendments shall
be submitted they shall be voted upon separately.
(a) In the event a major emergency threatens or is about to
threaten the Commonwealth and if the safety or welfare of the
Commonwealth required prompt amendment of this Constitution, such
amendments to this Constitution may be proposed in the Senate or
House of Representatives at any regular or special session of the
General Assembly, and if agreed to by at least two-thirds of the
members elected to each House, a proposed amendment shall be
entered on the journal of each House with the yeas and nays taken
thereon and the official in charge of statewide elections shall
promptly publish such proposed amendment in at least two newspapers
in every county in which such newspapers are published. Such
amendment shall then be submitted to the qualified electors of the
Commonwealth in such manner, and at such time, at least one month
after being agreed to by both Houses as the General assembly
prescribes.
(b) If an emergency amendment is approved by a majority of the
qualified electors voting thereon, it shall become part of this
constitution. When two or more emergency amendments are submitted
they shall be voted on separately.
SCHEDULES TO
CONSTITUTION OF PENNSYLVANIA
Schedule
1. Adopted with the Constitution
2. Amendments of November 2, 1909
SCHEDULE NO. 1
(ADOPTED WITH THE CONSTITUTION)
That no inconvenience may arise from the changes in the
Constitution of the Commonwealth, and in order to carry the same
into complete operation, it is hereby declared, that:
When to Take Effect
Section 1.
This Constitution shall take effect on the first day
of January, in the year one thousand eight hundred and seventy-
four, for all purposes not otherwise provided for therein.
Former Laws Remain in Force
Section 2.
All laws in force in this Commonwealth at the time of
the adoption of this Constitution not inconsistent therewith, and
all rights, actions, prosecutions and contracts shall continue as
if this Constitution had not been adopted.
Election of Senators
Section 3.
At the General election in the years one thousand
eight hundred and seventy-four and one thousand eight hundred and
seventy-five, Senators shall be elected in all districts where
there shall be vacancies. Those elected in the year one thousand
eight hundred and seventy-four shall serve for two years, and those
elected in the year one thousand eight hundred and seventy-five
shall serve for one year. Senators now elected and those whose
terms are unexpired shall represent the districts in which they
reside until the end of the terms for which they were elected.
Election of Senators (continued)
Section 4.
At the general election in the year one thousand eight
hundred and seventy-six, Senators shall be elected from even-
numbered districts to serve for two years, and from odd-numbered
districts to serve for four years.
Election of Governor
Section 5.
The first election of Governor under this Constitution
shall be at the general election in the year one thousand eight
hundred and seventy-five, when a Governor shall be elected for
three years; and the term of the Governor elected in the year one
thousand eight hundred and seventy-eight and of those thereafter
elected shall be for four years, according to the provisions of
this constitution.
Election of Lieutenant Governor
Section 6.
At the general election in the year one thousand eight
hundred and seventy-four, a Lieutenant Governor shall be elected
according to the provisions of this Constitution.
Secretary of Internal Affairs
Section 7.
The Secretary of Internal Affairs shall be elected at
the first general election after the adoption of this Constitution;
and, when the said officer shall be duly elected and qualified, the
office of Surveyor General shall be abolished. The Surveyor
General in office at the time of the adoption of this Constitution
shall continue in office until the expiration of the term for which
he was elected.
Superintendent of Public Instruction
Section 8.
When the Superintendent of Public Instruction shall
be duly qualified the office of Superintendent of Common Schools
shall cease.
Eligibility of Present Officers
Section 9.
Nothing contained in this Constitution shall be
construed to render any person now holding any State office for a
first official term ineligible for re-election at the end of such
term.
Judges of Supreme Court
Section 10.
The judges of the Supreme Court in office when this
Constitution shall take effect shall continue until their
commissions severally expire. Two judges in addition to the number
now composing the said court shall be elected at the first general
election after the adoption of this Constitution.
Courts of Record
Section 11.
All courts of record and all existing courts which
are not specified in this Constitution shall continue in existence
until the first day of December, in the year one thousand eight
hundred and seventy-five, without abridgement of their present
jurisdiction, but no longer. The court of the first criminal
jurisdiction for the counties of Schuylkill, Lebanon and Dauphin
is hereby abolished, and all causes and proceedings pending therein
in the county of Schuylkill shall be tried and disposed of in the
courts of oyer and terminer and quarter sessions of the peace of
said county.
Register's Courts Abolished
Section 12.
The register's courts now in existence shall be
abolished on the first day of January next succeeding the adoption
of this Constitution.
Judicial Districts
Section 13.
The General Assembly shall, at the next session after
the adoption of this Constitution, designate the several judicial
districts as required by this Constitution. The judges in
commission when such designation shall be made shall continue
during their unexpired terms judges of the new districts in which
they reside; but, when there shall be two judges residing in the
same district, the president judge shall elect to which district
he shall be assigned, and the additional law judge shall be
assigned to the other district.
Decennial Adjustment of Judicial Districts
Section 14.
The General Assembly shall, at the next succeeding
session after each decennial census and not oftener, designate the
several judicial districts as required by this Constitution.
Judges in Commission
Section 15.
Judges learned in the law of any court of record
holding commissions in force at the adoption of this Constitution
shall hold their respective offices until the expiration of the
terms for which they were commissioned, and until their successors
shall be duly qualified. The Governor shall commission the
president judge of the court of first criminal jurisdiction for the
counties of Schuylkill, Lebanon and Dauphin as a judge of the court
of common pleas of Schuylkill county, for the unexpired term of his
office.
President Judges; Casting Lots; Associate Judges
Section 16.
After the expiration of the term of any president
judge of any court of common pleas, in commission at the adoption
of this Constitution, the judge of such court learned in the law
and oldest in commission shall be the president judge thereof; and
when two or more judges are elected at the same time in any
judicial district they shall decide by lot which shall be president
judge; but when the president judge of a court shall be re-elected
he shall continue to be president judge of that court. Associate
judges not learned in the law, elected after the adoption of this
Constitution, shall be commissioned to hold their offices for the
term of five years from the first day of January next after their
election.
Compensation of Judges
Section 17.
The General Assembly, at the first session after the
adoption of this Constitution, shall fix and determine the
compensation of the judges of the Supreme Court and of the judges
of the several judicial districts of the Commonwealth; and the
provisions of the fifteenth section of the article on Legislation
shall not be deemed inconsistent herewith. Nothing contained in
this Constitution shall be held to reduce the compensation now paid
to any law judge of this Commonwealth now in commission.
Courts of Philadelphia and Allegheny Counties; Organization in
Philadelphia
Section 18.
The courts of common pleas in the counties of
Philadelphia and Allegheny shall be composed of the present judges
of the district court and court of common pleas of said counties
until their offices shall severally end, and of such other judges
as may from time to time be selected. For the purpose of first
organization in Philadelphia the judges of the court number one
shall be Judges Allison, Pierce and Paxson; of the court number
two, Judges Hare, Mitchell and one other judge to be elected; of
the court number three, Judges Ludlow, Finletter and Lynd; and of
the court number four, Judges Thayer, Briggs and one other judge
to be elected. The judge first named shall be the president judge
of said courts respectively, and thereafter the president judge
shall be the judge oldest in commission; but any president judge,
re-elected in the same court or district, shall continue to be
president judge thereof. The additional judges for courts numbers
two and four shall be voted for and elected at the first general
election after the adoption of this Constitution, in the same
manner as the two additional judges of the Supreme Court, and they
shall decide by lot to which court they shall belong. Their term
of office shall commence on the first Monday of January, in the
year one thousand eight hundred and seventy-five.
Organization of Courts in Allegheny County
Section 19.
In the county of allegheny, for the purpose of first
organization under this Constitution, the judge of the court of
common pleas, at the time of the adoption of this Constitution,
shall be the judges of the court number one, and the judges of the
district court, at the same date, shall be the judges of the common
pleas number two. The president judges of the common pleas and
district court shall be president judge of said courts number one
and two, respectively, until their offices shall end; and
thereafter the judge oldest in commission shall be president judge;
but any president judge re-elected in the same court, or district,
shall continue to be president judge thereof.
When Re-Organization of Courts to Take Effect
Section 20.
The organization of the courts of common pleas under
this Constitution for the counties of Philadelphia and Allegheny
shall take effect on the first Monday of January, one thousand
eight hundred and seventy-five, and existing courts in said
counties shall continue with their present power and jurisdiction
until that date, but no new suits shall be instituted in the courts
of nisi prius after the adoption of this Constitution.
Causes Pending in Philadelphia; Transfer of Records
Section 21.
The causes and proceeding pending in the court of
nisi prius, court of common pleas, and district court in
Philadelphia shall be tried and disposed of in the court of common
pleas. The records and dockets of said courts shall be transferred
to the prothonotary's office of said county.
Causes Pending in Allegheny County
Section 22.
The causes and proceedings pending in the court of
common pleas in the county of Allegheny shall be tried and disposed
of in the court number one; and the causes and proceedings pending
in the district court shall be tried and disposed of in the court
number two.
Prothonotary of Philadelphia County
Section 23.
The prothonotary of the court of common pleas of
Philadelphia shall be first appointed by the judges of said court
on the first Monday of December, in the year one thousand eight
hundred and seventy-five, and the present prothonotary of the
district court in said county shall be the prothonotary of the said
court of common pleas until said date when his commission shall
expire, and the present clerk of the court of oyer and terminer and
quarter sessions of the peace in Philadelphia shall be the clerk
of such court until the expiration of his present commission on the
first Monday of December, in the year one thousand eight hundred
and seventy-five.
Aldermen
Section 24.
In cities containing over fifty thousand
inhabitants, except Philadelphia, all aldermen in office at the
time of adoption of this Constitution shall continue in office
until the expiration of their commissions, and at the election for
city and ward officers in the year one thousand eight hundred and
seventy-five one alderman shall be elected in each ward as provided
in this Constitution.
Magistrates in Philadelphia
Section 25.
In Philadelphia magistrates in lieu of alderman shall
be chosen, as required in this Constitution, at the election in
said city for city ward officers in the year one thousand eight
hundred and seventy-five; their term of office shall commence on
the first Monday of April succeeding their election. The terms of
office of aldermen in said city holding or entitled to commissions
at the time of the adoption of this Constitution shall not be
affected thereby.
Term of Present Officers
Section 26.
All persons in office in this Commonwealth at the
time of the adoption of this Constitution, and at the first
election under it, shall hold their respective offices until the
term for which they have been elected or appointed shall expire,
and until their successors shall be duly qualified, unless
otherwise provided in this Constitution.
Oath of Office
Section 27.
The seventh article of this Constitution prescribing
an oath of office shall take effect on and after the first day of
January, one thousand eight hundred and seventy-five.
County Commissioners and Auditors
Section 28.
The terms of office of county commissioners and
county auditors, chosen prior to the year one thousand eight
hundred and seventy-five, which shall not have expired before the
first Monday of January in the year one thousand eight hundred and
seventy-six, shall expire on that day.
Compensation of Present Officers
Section 29.
All State, county, city, ward, borough and township
officers in office at the time of the adoption of this
Constitution, whose compensation is not provided for by salaries
alone, shall continue to receive the compensation allowed them by
law until the expiration of their respective terms of office.
Renewal of Oath of Office
Section 30.
All State and judicial officers heretofore elected,
sworn, affirmed, or in office when this Constitution shall take
effect, shall severally, within one month after such adoption, take
and subscribe an oath, or affirmation to support this Constitution.
Enforcing Legislation
Section 31.
The General Assembly at its first session, or as soon
as may be after the adoption of this Constitution, shall pass such
laws as may be necessary to carry the same into full force and
effect.
An Ordinance Declared Valid
Section 32.
The ordinance passed by this Convention, entitled "An
ordinance for submitting the amended Constitution of Pennsylvania
to vote of the electors thereof," shall be held to be valid for all
the purposes thereof.
City Commissioners of Philadelphia
Section 33.
The words "county commissioners," wherever used in
this Constitution and in any ordinance accompanying the same, shall
be held to include the commissioners for the city of Philadelphia.
SCHEDULE NO. 2
(AMENDMENTS OF NOVEMBER 2, 1909)
Adoption. The provisions of Schedule No. 2 were adopted
November 2, 1909, P.L. 948, J.R.1.
Partial Repeal of Schedule. See section 2 of Proposal No. 7
of 1968 in the appendix to the Constitution for provisions
relating to the partial repeal of Schedule No. 2.
Adjustments of Terms of Public Officers
Section 1.
That no inconvenience may arise from the changes in
the Constitution of the Commonwealth, and in order to carry the
same into complete operation, it is hereby declared that -
In the came of officers elected by the people, all terms of office
fixed by act of Assembly at an odd number of years shall each be
lengthened one year, but the Legislature may change the length of
the term, provided the terms for which such officers are elected
shall always be for an even number of years.
The above extension of official terms shall not affect officers
elected at the general election of one thousand nine hundred and
eight; nor any city, ward, borough, township, or election division
officers, whose terms of office, under existing law, end in the
year one thousand nine hundred and ten.
In the year one thousand nine hundred and ten the municipal
election shall be held on the third Tuesday of February as
heretofore; but all officers chosen at that election to an office
the regular term of which is two years, and also all election
officers and assessors chosen at that election, shall serve until
the first Monday of December in the year one thousand nine hundred
and eleven. All officers chosen at that election to offices the
term of which is now four years, or is make four years by the
operation of these amendments or this schedule, shall serve until
the first Monday of December in the year one thousand nine hundred
and thirteen. All justices of the peace, magistrates, and
aldermen, chosen at that election, shall serve until the first
Monday of December in the year one thousand nine hundred and
fifteen. After the year nineteen hundred and ten, and until the
Legislature shall otherwise provide, all terms of city, ward,
borough, township, and election division officers shall begin on
the first Monday of December in an odd-numbered year.
All city, ward, borough, and township officers holding office at
the date of the approval of these amendments, whose terms of office
may end in the year one thousand nine hundred and eleven, shall
continue to hold their offices until the first Monday of December
of that year.
All judges of the courts for the several judicial districts, and
also all county officers, holding office at the date of the
approval of these amendments, whose terms of office may end in the
year one thousand nine hundred and eleven, shall continue to hold
their offices until the first Monday of January, one thousand and
hundred and twelve.
APPENDIX
Supplementary Provisions of Constitutional Amendments
1967, May 16, P.L. 1044, J.R.4
Schedule. Terms of State Treasurer and Auditor General
That no inconvenience may arise from changes in Article IV of the
Constitution of this Commonwealth, it is hereby declared that the
State Treasurer and Auditor General first elected after this
amended article becomes effective shall serve terms beginning the
first Tuesday in May next following their election and expiring
four years from the third Tuesday in January next ensuing their
election.
Explanatory Note. Joint Resolution No. 4 added section 18 and made
other changes in Article IV.
1968, April 23, P.L. APP.3, PROP. NO.1
Schedule. Effective Date of Amendment
The foregoing amendment to Article II of the Constitution of
Pennsylvania if approved by the electorate voting on April 23,
1968, shall become effective the year following that in which the
next Federal decennial census is officially reported as required
by Federal Law.
Explanatory Note. Proposal No. 1 amended and consolidated sections
16 and 17 into section 16 of Article II.
1968, APRIL 23, P.L.APP.3, PROP. NO.2
Schedule. Effective Date of Amendment
The foregoing amendment to Article II of the Constitution of
Pennsylvania if approved by the electorate voting on April 23,
1968, shall become effective the year following that in which the
next Federal decennial census is officially reported as required
by Federal law.
Explanatory Note. Proposal No. 2 amended and renumbered section
18 to section 17 of Article II.
1968, APRIL 23, P.L.APP.5, PROP. NO.3
Repeals
Section 4.
Effective when the last bonds have been issued under
their authority, sections 24 and 25 of Article VII of the
Constitution of Pennsylvania are hereby repealed.
References in Text. Sections 24 and 25 were renumbered section 15
and 16, respectively, of Article VII by Proposed No. 5 of 1968.
1968, APRIL 23, P.L.APP.7, PROP. NO.4
Effective Date of Amendments
Section 3.
The following schedule is adopted: Sections 10, 12,
13 and 14 of Article VII shall take effect as soon as possible, but
no later than July 1, 1970.
1968, APRIL 23, P.L.APP.9, PROP. NO.5
Effective Date of Amendments
Section 4.
Sections 1 and 2 shall take effect as soon as
possible, but no later than July 1, 1970. Section 4 shall take
effect July 1, 1970, unless the General Assembly earlier provides
enabling legislation in accordance therewith.
References in Text. Proposal No. 5 amended section 1, added
sections 2 and 4 and renumbered or amended other sections of
Article VIII.
1968, APRIL 23, P.L.APP.11, PROP. NO.6
Effective Date and Interpretation of Amendments
Section 3.
This new article and the repeal of existing sections
shall take effect on the date of approval by the electorate, except
that the following sections shall take effect on the effective date
of legislation adopted pursuant to the sections or the date
indicated below, whichever shall first occur.
The first, third and fourth paragraphs of section 8 shall take
effect two years after the effective date. The second sentence of
section 1, the fourth sentence of section 2, all of section 3, the
third paragraph of section 4, and the first paragraph of section
10 shall take effect four years after the effective date. The
second sentence of section 1 and the first paragraph of section 8
on Uniform Legislation shall be construed so as to be consistent
with the jurisdiction of this Convention.
Explanatory Note. Proposal No. 6 added present Article IX and
repealed sections in Articles VII, XII, XIV, and XV.
1968, APRIL 23, P.L.APP.16, PROP. NO. 7
Repeals
Section 2.
Article V of the Constitution of Pennsylvania is
repealed in its entirety, and those provisions of Schedules No. 1
and No. 2 are repealed to the extent they are inconsistent with
this article and attached schedule.
Explanatory Note. Proposal No. 7 added present Article V.
1972, NOVEMBER 7, 1ST SP.SESS, P.L. 1970, J.R.1
Preamble
Section 1.
Millions of Pennsylvanians have suffered greatly from
the ravages of the most disastrous flood in the history of the
Commonwealth. This flood has left devastation in its wake.
Thousands of people have been left homeless and countless
industrial and commercial establishments and public facilities have
been damaged or destroyed.
It is imperative that the victims of this disaster immediately
receive the fullest possible aid from both the public and private
sectors in order to clean up and rebuild the affected areas of the
commonwealth.
In addition, many Pennsylvanians suffer greatly as a result of the
Great Storm or Flood of September, 1971.
The General Assembly desired to alleviate such storm or economic
deprivation caused by the flood, but is limited in its efforts by
rigid restrictions in the Constitution of the Commonwealth of
Pennsylvania. The safety and welfare of the Commonwealth requires
prompt amendment to the Constitution of the Commonwealth of
Pennsylvania.
The following amendment to the Constitution of the Commonwealth
of Pennsylvania is proposed in accordance with the emergency
provisions contained in subsections (a) and (b) of section 1 of the
eleventh article thereof:
That Article VIII of the Constitution of the Commonwealth of
Pennsylvania be amended by adding a new section to read:
Explanatory Note: Joint Resolution No. 1 added section 17 of
Article VIII.
1975, NOVEMBER 4, P.L. 622, J.R.2
Preamble
Section 1.
Many Pennsylvanians have suffered greatly from the
ravages of great storms or floods in the last few years. The great
storms or floods of 1974 and 1975 are additional major disasters
causing loss of life and great damage and destruction to property
of individuals, industrial and commercial establishments and public
facilities.
It is imperative that the victims of these disasters immediately
receive the fullest possible aid from both the public and private
sectors in order to clean up and rebuild the affected areas of the
Commonwealth and that persons in the Commonwealth be eligible for
the maximum available aid from the government of the United States.
The General Assembly desires to alleviate such storm or economic
deprivation caused by the floods but is limited in its efforts by
rigid restrictions in the Constitution of the Commonwealth of
Pennsylvania. The safety and welfare of the Commonwealth requires
prompt amendment to the Constitution of the Commonwealth of
Pennsylvania.
The following amendment to the Constitution of the Commonwealth
of Pennsylvania is proposed in accordance with the emergency
provisions contained in subsections (a) and (b) of section 1 of the
eleventh article thereof:
That section 17 of Article VIII of the Constitution of the
Commonwealth of Pennsylvania to be amended to read:
1977, NOVEMBER 8, P.L.362, J.R.2
Preamble
Many Pennsylvanians have suffered greatly from the ravages of
Great Storms and Floods in recent years. The Great Storms or
Floods of 1974, 1975, 1976, and 1977 were additional major
disasters causing loss of life and great damage and destruction to
property of individuals, industrial and commercial establishments
and public facilities.
It is imperative that the victims of these disasters receive the
fullest possible aid from both the Federal Government and the
Commonwealth in order to accomplish a speedy recovery.
The Congress of the United States, through enactment of the
Disaster Relief Act of 1974, Public Law 93-288, has authorized the
making of certain disaster relief grants. The General Assembly
wishes to make such Federal disaster relief grants, or other grants
made available from Federal programs hereafter enacted, available
to eligible individuals and families in order to alleviate the
deprivation caused by storms or floods which have occurred in the
past and seeks to address those emergencies of future years.
However, the General Assembly is limited by rigid restrictions in
the Constitution of the Commonwealth of Pennsylvania. The safety
and welfare of the Commonwealth requires the prompt amendment to
the Constitution to aid those already inflicted by the Great Storms
of 1976 or 1977 and any future emergency that may strike
Commonwealth citizens.
Therefore, the following amendment to the Constitution of the
Commonwealth of Pennsylvania is proposed in accordance with the
emergency provisions of Article XI thereof:
That section 17 of Article VIII be amended to read:
1978, MAY 16, 1977 P.L. 365, J.R.4
Vacancy in Existing Office of Attorney General
Upon approval of this amendment by the electors, there shall be
a vacancy in the office of Attorney General which shall be filled
a provided herein.
Explanatory Note. Joint Resolution No. 4 added section 4.1 and
amended sections 5, 6, 8 and 17 of Article 14.
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