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DRAFTS OF JOINT RESOLUTIONS

Class 2 Changes

Class 2 changes are those recommendations for amendment which
the Commission deems very desirable, but which are not vital for the
efficient conduct of the state government.

Page

C 2.1

Information in indictable cases, Art 1, Sec 10 ...

198

C 2.2

Members of General Assembly, disqualifications, Art 2,
Sec 6

198

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C 2.6

C 2.7

Cash refunds without appropriation, Art 3, Sec 16 ....
Appropriations to charitable and educational institutions,
Art 3, Sec 17, repeal

200

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C 2.8

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C 2.9

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C 2.10

C 2.11

C 2.12

C 2.13

C 2.14

Delegation of municipal power, Art 3, Sec 20, repeal ...
Constitutional officers; confirmation of appointment, Art
4, Secs 1 and 8, Art 6, Sec 4; Art 4, Secs 18, 19 and 20,
Art 17, Sec 11, repeal, and Art 4, Sec 21, partial repeal
Auditor General and State Treasurer, succession, Art 4,
Sec 21 ...

Commonwealth reserve funds, Art 9, Sec 13, repeal
Philadelphia, abolishing county offices, Art 14, Sec 8
Corporate charters, amendment and repeal, Art 3, Sec 7,
Cl. 25 and Art 16, Sec 10 ...

Amendment by indirect initiative, Art 18, Sec 2 ...
C 2.15 Periodic review of Constitution, Art. 18, Sec. 3

An Act Draft of act to assign an article and section number to provision for system of land title registration

207

C 2.1 - Information in Indictable Cases

A JOINT RESOLUTION

Proposing an amendment to article one, section ten of the Constitution of the Commonwealth of Pennsylvania, removing prohibition against proceeding by information for indictable offenses.

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 one, section ten of the Constitution of the Commonwealth of Pennsylvania be amended to read:

Section 10. 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.

For Historical Note and Comments, see page 60.

C 2.2 - Members of General Assembly, Disqualifications

A JOINT RESOLUTION

Proposing an amendment to article two, section six of the Constitution of the Commonwealth of Pennsylvania, imposing additional disqualifications on Senators and Representatives.

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 two, section six of the Constitution of the Commonwealth of Pennsylvania be amended to read:

Section 6. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office or employment under this Commonwealth to which a salary, fee or perquisite is attached. No member of Congress or other person holding any office (except of attorneyat-law or in the militia) under the United States or this Commonwealth or any political subdivision thereof, to which a salary, fee or perquisite is attached, shall be a member of either House during his continuance in office.

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That no inconvenience shall arise from the change in the Constitution of the Commonwealth, and in order to carry the same into complete operation, it is declared that:

This amendment does not apply to Senators or Representatives heretofore elected, during the balance of the term for which they have been elected, nor to any person elected to either the Senate or House of Representatives at the same election at which this amendment is adopted, during the term for which he is then elected.

For Historical Note and Comments, see page 61.

C 2.3- Bills to Codify Existing Law

A JOINT RESOLUTION

Proposing an amendment to article three, section three of the Constitution of the Commonwealth of Pennsylvania, permitting bills to codify existing law to contain more than one subject.

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, section three of the Constitution of the Commonwealth of Pennsylvania be amended to read:

Section 3. No bill, except general appropriation bills and bills codifying existing law, shall be passed containing more than one subject, which shall be clearly expressed in its title.

For Historical Note and Comments, see page 62.

C 2.4- Bills, Procedure

A JOINT RESOLUTION

Proposing an amendment to article three, section four of the Constitution of the Commonwealth of Pennsylvania, changing the procedure on the passage of bills. 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, section four of the Constitution of the Commonwealth of Pennsylvania be amended to read:

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. 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.

For Historical Note and Comments, see pages 62-63.

C 2.5-Commonwealth Purchases

A JOINT RESOLUTION

Proposing an amendment to article three, section twelve of the Constitution of the Commonwealth of Pennsylvania, regulating Commonwealth purchases.

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, section twelve of the Constitution of the Commonwealth of Pennsylvania be amended to read:

Section 12. All purchases made by the government of this Commonwealth shall so far as practicable be made under a system of competitive bidding. No member or officer of any department of the government shall be in any way interested in Commonwealth purchase contracts and all such contracts shall be subjected to the approval of the Auditor General. For Historical Note and Comments, see page 64.

C 2.6- Cash Refunds Without Appropriation

A JOINT RESOLUTION

Proposing an amendment to article three, section sixteen of the Constitution of the Commonwealth of Pennsylvania, authorizing cash refunds without appropriation in certain cases.

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, section sixteen of the Constitution of the Commonwealth of Pennsylvania be amended to read:

Section 16. No money shall be paid out of the treasury except on appropriations made by law, and on warrant issued by the proper officer; 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.

For Historical Note and Comments, see page 65.

C 2.7-Apropriations to Charitable and Educational Institutions
A JOINT RESOLUTION

Proposing an amendment to article three of the Constitution of the Commonwealth of Pennsylvania, repealing section seventeen thereof, which requires a twothirds vote to make appropriations to certain charitable and educational institutions.

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 seventeen thereof, which reads:

"Section 17. 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.

For Historical Note and Comments, see page 66.

C 2.8- Delegation of Municipal Power

A JOINT RESOLUTION

Proposing an amendment to article three of the Constitution of the Commonwealth of Pennsylvania, repealing section twenty thereof, which prohibits delegation of municipal functions to special commissions, private corporations or associations.

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 thereof, which reads:

"Section 20. 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."

For Historical Note and Comments, see page 66.

C 2.9-Constitutional Officers; Confirmation of Appointment
A JOINT RESOLUTION

Proposing an amendment to articles four, six, and seventeen of the Constitution of the Commonwealth of Pennsylvania, removing the Secretary of the Commonwealth, Secretary of Internal Affairs and Superintendent of Public Instruction as constitutional officers; and permitting confirmation of appointments by a simple majority of the Senate.

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, sections one and eight of the Constitution of the Commonwealth of Pennsylvania be amended to read:

Section 1. The Executive Department of this Commonwealth shall consist of a Governor, Lieutenant Governor, Attorney General, Auditor General and State Treasurer and such other officers as the General Assembly may from time to time prescribe.

Section 8. (a) The Governor shall, with the consent of a majority of the members elected to the Senate, appoint an Attorney General and other officers authorized by the General Assembly.

(b) He may, during the recess of the Senate, fill vacancies happening in offices to which he appoints by granting commissions expiring at the end of its session. He may, during the recess of the Senate, fill vacancies happening in the office of Auditor General or State Treasurer, in a judicial office or in any other elective office he is authorized to fill. If the vacancy happens during the session of the Senate, he shall nominate to the Senate, before its final adjournment, a proper person to fill the vacancy.

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