there shall be no legislation on any other subject. The General Assembly shall not adjourn sine die until it has completed the apportionment into both senatorial and representative districts. For Historical Note and Comments, see page 22. C 1.5-Legislation at Special Sessions A JOINT RESOLUTION Proposing an amendment to article three of the Constitution of the Commonwealth of Pennsylvania, repealing section twenty-five thereof, which limits legislation at special sessions of the General Assembly. The General Assembly of the Commonwealth of Pennsylvania hereby resolves as follows: Section 1. The following amendment to the Constitution of the Commonwealth of Pennsylvania is proposed in accordance with the provisions of the eighteenth article thereof: That article three of the Constitution of the Commonwealth of Pennsylvania be amended by repealing section twenty-five thereof, which reads: "Section 25. 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." For Historical Note and Comments, see page 23. C 1.6 - Succession by the Governor A JOINT RESOLUTION Proposing an amndment to article four, section three of the Constitution of the Commonwealth of Pennsylvania, making the governor eligible to succeed himself for one additional term. The General Assembly of the Commonwealth of Pennsylvania hereby resolves as follows: Section 1. The following amendment to the Constitution of the Commonwealth of Pennsylvania is proposed in accordance with the provisions of the eighteenth article thereof: That article four, section three of the Constitution of the Commonwealth of Pennsylvania be amended to read: Section 3. The Governor shall hold his office during four years from the third Tuesday of January next 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. For Historical Note and Comments, see page 24. C 1.7- Board of Pardons A JOINT RESOLUTION Proposing an amendment to article four, section nine of the Constitution of the Commonwealth of Pennsylvania, changing the membership of the Board of Pardons and the keeping of its records. The General Assembly of the Commonwealth of Pennsylvania hereby resolves as follows: Section 1. The following amendment to the Constitution of the Commonwealth of Pennsylvania is proposed in accordance with the provisions of the eighteenth article thereof: That article four, section nine of the Constitution of the Commonwealth of Pennsylvania be amended to read: Section 9. (a) In all criminal cases except impeachment, the Governor shall have power to remit fines and forfeitures, to grant reprieves, commutations of sentence 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 recorded and filed with the Board 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, the chairman of the agency created by the General Assembly to administer paroles, and two members appointed by the Governor with the consent of a majority of the members elected to the Senate, one for three years and one for six years, and thereafter for full terms of six years. The Board shall keep records of its actions, which shall at all times be open for public inspection. Schedule That no inconvenience may arise from the change in the Constitution of the Commonwealth, and in order to carry it into complete operation, it is declared that: This amendment shall take effect at the beginning of the term of the Governor taking office next following the adoption of this amendment. For Historical Note and Comments, see page 25. Proposing an amendment to article five, sections six and seven of the Constitution of the Commonwealth of Pennsylvania, consolidating the courts of common pleas of Philadelphia into one court; and repealing provisions relating to the prothonotary of the courts. The General Assembly of the Commonwealth of Pennsylvania hereby resolves as follows: Section 1. The following amendment to the Constitution of the Commonwealth of Pennsylvania is proposed in accordance with the provisions of the eighteenth article thereof: That article five, section six of the Constitution of the Commonwealth of Pennsylvania be amended to read: Section 6. (a) In the county of Philadelphia the jurisdiction and powers now vested in the several numbered Courts of Common Pleas of that county shall be vested in one Court of Common Pleas, composed of all the judges in commission in the courts, subject to changes made by law in the number of judges. Its jurisdiction and powers shall extend to all proceedings at law and in equity instituted in the several numbered courts, and shall be subject to such change as may be made by law. The president judge of the court shall be selected as may be provided by law. (b) In the county of Allegheny there shall be one Court of Common Pleas, subject to changes made by law in jurisdiction, powers and number of judges. That article five, section seven of the Constitution of the Commonwealth of Pennsylvania, which reads: "Section 7. For Philadelphia there shall be one prothonotary's office, and one prothonotary for all said courts, to be appointed by the judges of said courts, and to hold office for three years, subject to removal by a majority of the said judges; the said prothonotary shall appoint such assistants as may be necessary and authorized by said court; and he and his assistants shall receive fixed salaries, to be determined by law and paid by said county; all fees collected in said office, except such as may be by law due to the Commonwealth, shall be paid by the prothonotary into the county treasury. Each court shall have its separate dockets, except the judgment docket which shall contain the judgments and liens of all the said courts, as is or may be directed by law." be repealed. Schedule That no inconvenience may arise from the change in the Constitution of the Commonwealth, and in order to carry it into complete operation, it is declared that: This amendment shall take effect on the first day of January next following its adoption. Until the General Assembly provides for the selection of the president judge, the president judge of the existing numbered court of common pleas longest in continuous service in all of the several numbered courts shall be president judge of the single court of common pleas. If two or more are equal in continuous service, they shall cast lots to determine who shall be president judge. For Historical Note and Comments, see pages 26-28. Proposing an amendment to article five, section eleven of the Constitution of the Commonwealth of Pennsylvania, changing the justice of the peace and alderman system. The General Assembly of the Commonwealth of Pennsylvania hereby resolves as follows: Section 1. The following amendment to the Constitution of the Commonwealth of Pennsylvania is proposed in accordance with the provisions of the eighteenth article thereof: That article five, section eleven of the Constitution of the Commonwealth of Pennsylvania be amended to read: Section 11. (a) Except in Philadelphia, each county shall be divided by the Court of Common Pleas into as many justice of the peace or alderman districts as it deems necessary and proper. The districts shall be as nearly equal in population as practicable according to the last preceding United States census. After each census the Court may create new districts based on the same unit of population, and may change the boundaries of districts. In each district there shall be one justice of the peace or alderman, who shall be chosen by the electors of the district at a municipal election. He shall have been a resident of his district for at least one year next preceding his election. He shall hold office for six years from the first Monday of January after his election. A vacancy in the office of justice of the peace or alderman shall be filled by the Governor. (b) For services rendered in judicial proceedings a justice of the peace or alderman shall receive a salary prescribed by the governing body of the county and paid by the county, and no other compensation. Fees, fines and penalties received by him in judicial proceedings shall be paid into the county treasury for the use of the county, unless otherwise provided by law. (c) Until otherwise provided by law, justices of the peace or aldermen in any county shall have the jurisdiction and powers of the justices of the peace or aldermen in civil and criminal cases existing when this amendment becomes effective. Those then in office shall serve their then unexpired terms. (d) Rules of procedure for the conduct of their offices by justices of the peace or aldermen, not otherwise provided for by law, shall be prescribed by the Court of Common Pleas of the county. Schedule That no inconvenience may arise from the change in the Constitution of the Commonwealth, and in order to carry it into complete operation, it is declared that: Justice of the peace and alderman districts shall be created and the salaries of justices of the peace and aldermen shall be fixed before the first day fixed by law for the circulation of nomination petitions for the municipal primary election next following the adoption of this amend ment. At the municipal election next following the adoption of this amendment a justice of the peace or alderman shall be elected in each district. All justices of the peace and aldermen in office at the time of the adoption of this amendment and whose terms do not expire before the terms of justices of the peace and aldermen provided for hereby commence, shall continue in office until the end of the term for which they were elected and shall have concurrent jurisdiction with the justice of the peace or alderman of the district. For Historical Note and Comments, see pages 29-30. C 1.10 - Magistrates Courts in Philadelphia A JOINT RESOLUTION Proposing an amendment to article five, sections twelve and thirteen of the Constitution of the Commonwealth of Pennsylvania, relating to magistrates courts in Philadelphia, their number, jurisdiction and rules of procedure; and repealing a supplied provision. The General Assembly of the Commonwealth of Pennsylvania hereby resolves as follows: Section 1. The following amendment to the Constitution of the Commonwealth of Pennsylvania is proposed in accordance with the provisions of the eighteenth article thereof: That article five, section twelve of the Constitution of the Commonwealth of Pennsylvania be amended to read: Section 12. (a) In Philadelphia there shall be established courts, not of record, one for each one hundred thousand inhabitants. The courts shall be held by magistrates, who shall be chosen by the qualified electors at a municipal election at which no voter shall vote for more than two-thirds of the number of persons to be chosen. Population shall be determined by the last preceding United States census. A magistrate shall have been a resident of the city for at least one year next preceding his election. He shall hold office for six years from the first Monday of January after his election. A vacancy in the office of magistrate shall be filled by the Gov ernor. (b) For services rendered in judicial proceedings a magistrate shall receive a salary prescribed by the City Council and paid by the city, and no other compensation. Fees, fines and penalties received by him in judicial proceedings shall be paid into the city treasury for the use of the city, unless otherwise provided by law. (c) Until otherwise provided by law, magistrates shall have the jurisdiction and powers of the magistrates in civil and criminal cases existing when this amendment becomes effective. Those then in office shall serve their then unexpired terms. (d) Rules of procedure for the conduct of their offices, not otherwise provided for by law, shall be prescribed by the Court of Common Pleas of Philadelphia. That article five, section thirteen of the Constitution of the Commonwealth of Pennsylvania which reads: "Section 13. All fees, fines and penalties in said courts shall be paid into the county treasury." be repealed. Schedule That no inconvenience may arise from the change in the Constitution of the Commonwealth, and in order to carry it into complete operation, it is declared that: All magistrates in office at the time of the adoption of this amendment shall continue in office until the end of the terms for which they were elected. Vacancies happening after this amendment is adopted shall not be filled until the number of magistrates is less than that provided for by this amendment. For Historical Note and Comments, see pages 31-32. |