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In the case of a vacancy in an elective office, except in a judicial office, a person shall be elected to the office on the next election day appropriate to the office, unless the vacancy happens 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 vote shall be taken by yeas and nays, and shall be entered on the journal.

That article six, section four of the Constitution of the Commonwealth of Pennsylvania be amended to read:

Section 4. All 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 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 officers elected by the people, except Governor, Lieutenant Governor, members of the General Assembly and judges of the courts of record learned in the law, shall be removed by the Governor for reasonable cause, after due notice and full hearing, on the address of two-thirds of the members elected to the Senate.

That article four, sections eighteen, nineteen and twenty of the Constitution of the Commonwealth of Pennsylvania, which read:

"Section 18. The Secretary of the Commonwealth shall keep a record of all official acts and proceedings of the Governor, and when required lay the same with all papers, minutes and vouchers relating thereto, before either branch of the General Assembly, and perform such other duties as may be enjoined upon him by law.

“Section 19. The Secretary of Internal Affairs shall exercise all the powers and perform all the duties of the Surveyor General, subject to such changes as shall be made by law. His department shall embrace a bureau of industrial statistics, and he shall discharge such duties relating to corporations, to the charitable institutions, the agricultural, manufacturing, mining, mineral, timber and other material or business interests of the State as may be prescribed by law. He shall annually, and at such other times as may be required by law, make report to the General Assembly.

"Section 20. The Superintendent of Public Instruction shall exercise all the powers and perform all the duties of the Superintendent of Common Schools, subject to such changes as shall be made by law.” be repealed.

That article four, section twenty-one of the Constitution of the Commonwealth of Pennsylvania, which reads:

“Section 21. The terms of the Secretary of Internal Affairs, the Auditor General, and the State Treasurer shall each be four years; and they shall be chosen by the qualified electors of the State at general elections; but a State Treasurer, elected in the year one thousand nine hundred and nine, shall serve for three years, and his successor shall be elected at the general election in the year one thousand nine hundred and twelve, and in every fourth year thereafter. No person elected to the office of Auditor General or State Treasurer shall be capable of holding the same office for two consecutive terms. be repealed in so far as it fixes the term of the Secretary of Internal Affairs.

That article seventeen, section eleven of the Constitution of the Commonwealth of Pennsylvania, which reads:

"Section 11. The existing powers and duties of the Auditor General in regard to railroads, canals and other transportation companies, except as to their accounts, are hereby transferred to the Secretary of Internal Affairs, who shall have a general supervision over them, subject to such regulations and alterations as shall be provided by law; and, in addition to the annual reports now required to be made, said Secretary may require special reports at any time upon any subject relating to the business of said companies from any officer or officers thereof." be repealed.

Schedule 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: All existing statutes

affecting the Secretary of the Commonwealth, the Secretary of Internal Affairs or the Superintendent of Public Instruction shall continue in force until changed by the General Assembly.

The Secretary of Internal Affairs and the Superintendent of Public Instruction in office at the adoption of this amendment shall continue in their respective offices until the end of the term for which they were elected or appointed. For Historical Note and Comments, see pages 67, 69-72 and 76.

C 2.10 - Auditor General and State Treasurer; Succession

A JOINT RESOLUTION Proposing an amendment to article four, section twenty-one of the Constitution

of the Commonwealth of Pennsylvania, permitting the Auditor General and State Treasurer to succeed themselves 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 twenty-one of the Constitution of the Commonwealth of Pennsylvania be amended to read:

Section 21. The terms of the Auditor General and the State Treasurer shall each be four years from the third Tuesday of January next following his election. They shall be chosen by the qualified electors of this Commonwealth at general elections. Except for the Auditor General and State Treasurer who may be in office when this amendment is adopted, they shall be eligible to succeed themselves for one additional term.

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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:

The Auditor General and State Treasurer who may be in office when this amendment is adopted shall serve until the end of the term for which they were elected. The terms of the Auditor General and State Treasurer first elected after this amendment is adopted, or who are elected at the same election at which this amendment is adopted shall begin at the end of the terms of the Auditor General and State Treasurer then in office.

For Historical Note and Comments, see page 71.

C 2.11 - Commonwealth Reserve Funds

A JOINT RESOLUTION Proposing an amendment to article nine of the Constitution of the Common

wealth of Pennsylvania, repealing section thirteen thereof, which limits Commonwealth reserve funds.

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 nine of the Constitution of the Commonwealth of Pennsylvania be amended by repealing section thirteen thereof, which reads:

“Section 13. The moneys held as necessary reserve shall be limited by law to the amount required for current expenses, and shall be secured and kept as may be provided by law. Monthly statements shall be published showing the amount of such moneys, where the same are deposited, and how secured.” For Historical Note and Comments, see page 73.

C 2.12 - Philadelphia, Abolishing County Offices

A JOINT RESOLUTION Proposing an amendment to article fourteen, section eight of the Constitution of

the Commonwealth of Pennsylvania, revising the procedure for abolishing county offices in Philadelphia.

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

Section 8. (a) In Philadelphia all county offices are abolished. The city shall perform all functions of county government within its area.

(b) Local and special laws with respect to powers granted to the City of Philadelphia shall be valid notwithstanding the provisions of article three, section seven 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 article fifteen of this Constitution shall apply with full force and effect to the functions of the county government performed by the city.

(f) All officers performing functions of county government shall be officers of the City of Philadelphia. Until otherwise provided by the City of Philadelphia through amendment to the Philadelphia Home Rule Charter, they shall continue to perform their duties and be elected, appointed, compensated and organized in the manner now in effect. For Historical Note and Comments, see page 73.

C 2.13 - Corporate Charters, Amendment and Repeal

A JOINT RESOLUTION Proposing an amendment to articles three and sixteen of the Constitution of the

Commonwealth of Pennsylvania, authorizing the amendment, repeal and revoking of laws affecting corporate charters.

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 seven, clause twenty-five of the Constitution of the Commonwealth of Pennsylvania be amended to read:

Section 7. The General Assembly shall not pass any local or special law:

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(25) Creating corporations or amending, renewing or extending the charters thereof, except as provided in article sixteen.

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

Section 10. All charters of private corporations now existing and revocable at the adoption of this amendment may be altered, revoked or annulled, if in the opinion of the General Assembly they may be injurious to the citizens of this Commonwealth, in such manner that no injustice shall be done to the corporators. All laws heretofore or hereafter adopted by the General Assembly dealing with the formation and regulation of private corporations and prescribing the powers, rights, duties and liabilities of private corporations, their officers, directors and shareholders, may be amended, repealed or revoked. For Historical Note and Comments, see pages 63 and 74.

C 2.14 - Amendment by Indirect Initiative

A JOINT RESOLUTION

Proposing an amendment to article eighteen of the Constitution of the Common

wealth of Pennsylvania, providing for amendment of the Constitution by indirect referendum.

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 eighteen of the Constitution of the Commonwealth of Pennsylvania be amended by adding a new section to read:

Section 2. Amendments to this Constitution may be proposed by petition, signed by a number of qualified electors equal to five per cent of the total number of votes cast for Governor at the last preceding gubernatorial election, and filed with the official charged with the duty of administering statewide elections. Each petition shall set forth the full text of the amendment proposed, and shall be verified by the affidavit of the persons soliciting the signatures. The official shall transmit the petition to the General Assembly, when in session, or as soon as it convenes. If an amendment proposed by petition is agreed to by a majority of the members elected to each House, it shall be advertised and submitted to the qualified electors of the Commonwealth as provided in section one of this article as though it had been agreed to by two succeeding regular sessions of the General Assembly. If (1) the proposed amendment is rejected, or (2) it is agreed to in an amended form, or (3) no action is taken thereon within four months from the time it is received by the General Assembly, if the General Assembly is in session so long, and, if not, then within four months after the convening of the next regular session of the General Assembly; and if so demanded by supplementary petition signed by a number of qualified electors equal to ten per cent of the total number of votes cast for Governor at the last preceding gubernatorial election, the proposed amendment shall be submitted to the qualified electors in a manner and at a time prescribed by the General Assembly. The supplementary petition shall be filed with the official charged with the duty of administering statewide elections within six months (1) after the proposed amendment was rejected by the General Assembly, or (2) after the expiration of the four months herein provided for action on the petition by the General Assembly, if no action has been taken thereon, or (3) after the proposed amendment, as amended by the General Assembly, has been filed with the proper official. The proposed amendment shall be advertised and submitted to the qualified electors of the Commonwealth as provided in section one of this article in the form prescribed by the supplementary petition, which shall be either as first petitioned for or with any amendments incorporated therein by either House or by both Houses of the General Assembly. If the proposed amendment is approved by a majority of the qualified electors voting thereon, it shall become a part of this Constitution. All petitions shall be in the form provided by law for nomination petitions, unless otherwise provided by law.

For Historical Note and Comments, see page 76.

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