From: Subject: Constitution of the Commonwealth of Pennsylvania Date: Thu, 11 Nov 2004 21:48:55 -0500 MIME-Version: 1.0 Content-Type: multipart/related; boundary="----=_NextPart_000_0000_01C4C838.3DC41180"; type="text/html" X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2800.1165 This is a multi-part message in MIME format. ------=_NextPart_000_0000_01C4C838.3DC41180 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://sites.state.pa.us/PA_Constitution.html Constitution of the Commonwealth of = Pennsylvania

CONSTITUTION
OF THE
COMMONWEALTH OF PENNSYLVANIA

WE, the people of the Commonwealth of Pennsylvania, grateful to = Almighty God=20 for the blessings of civil and religious liberty, and humbly invoking = His=20 guidance, do ordain and establish this Constitution.

Article 1
DECLARATION OF RIGHTS

That the general, great and essential principles of liberty and = free=20 government may be recognized and unalterably established, WE DECLARE = THAT -=20

Inherent Rights of Mankind
Section 1.

All men are born = equally free=20 and independent, and have certain inherent and indefeasible rights, = among which=20 are those of enjoying and defending life and liberty, of acquiring, = possessing=20 and protecting property and reputation, and of pursuing their own = happiness.=20

Political Powers
Section 2.

All power is inherent in the = people, and=20 all free governments are founded on their authority and instituted for = their=20 peace, safety and happiness. For the advancement of these ends they have = at all=20 times an inalienable and indefeasible right to alter, reform or abolish = their=20 government in such manner as they may think proper.=20

Religious Freedom
Section 3.

All men have a natural and = indefeasible=20 right to worship Almighty God according to the dictates of their own=20 consciences; no man can of right be compelled to attend, erect or = support any=20 place of worship or to maintain any ministry against his consent; no = human=20 authority can, in any case whatever, control or interfere with the = rights of=20 conscience, and no preference shall ever be given by law to any = religious=20 establishments or modes of worship.=20

Religion
Section 4.

No person who acknowledges the being of = a God=20 and a future state of rewards and punishments shall, on account of his = religious=20 sentiments, be disqualified to hold any office or place of trust or = profit under=20 this Commonwealth.=20

Elections
Section 5.

Elections shall be free and equal; and = no=20 power, civil or military, shall at any time interfere to prevent the = free=20 exercise of the right of suffrage.=20

Trial by Jury
Section 6.

Trial by jury shall be as = heretofore, and=20 the right thereof remain inviolate. The General assembly may provide, = however,=20 by law, that a verdict may be rendered by not less than five-sixths of = the jury=20 in any civil case.=20

Freedom of Press and Speech; Libels
Section 7.

The printing = press=20 shall be free to every person who may undertake to examine the = proceedings of=20 the Legislature or any branch of government, and no law shall ever by = made to=20 restrain the right thereof. The free communication of thoughts and = opinions is=20 one of the invaluable rights of man, and every citizen may freely speak, = write=20 and print on any subject, being responsible for the abuse of that = liberty. No=20 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=20 any other matter proper for public investigation or information, where = the fact=20 that such publication was not maliciously or negligently made shall be=20 established to the satisfaction of the jury; and in all indictments for = libels=20 the jury shall have the right to determine the law and the facts, under = the=20 direction of the court, as in other cases.=20

Security From Searches and Seizures
Section 8.

The people = shall be=20 secure in their persons, houses, papers and possessions from = unreasonable=20 searches and seizures, and no warrant to search any place or to seize = any person=20 or things shall issue without describing them as nearly as may be, nor = without=20 probable cause, supported by oath or affirmation subscribed by the = affiant.=20

Rights of Accused in Criminal Prosecutions
Section 9.

In all = criminal prosecutions the accused hath a right to be heard by himself = and his=20 counsel, to demand the nature and cause of the accusation against him, = to meet=20 the witnesses face to face, to have compulsory process for obtaining = witnesses=20 in his favor, and in prosecutions by indictment or information, a speedy = public=20 trial by an impartial jury of the vicinage; he cannot be compelled to = give=20 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=20 a suppressed voluntary admission or voluntary confession to impeach the=20 credibility of a person may be permitted and shall not be construed as=20 compelling a person to give evidence against himself.=20

Initiation of Criminal Proceedings; Twice in Jeopardy; Eminent = Domain=20
Section 10.

Except as hereinafter provided no person shall, for = any=20 indictable offense, be proceeded against criminally by information, = except in=20 cases arising in the land or naval forces, or in the militia, when in = actual=20 service, in time of war or public danger, or by leave of the court for=20 oppression or misdemeanor in office. Each of the several courts of = common pleas=20 may, with the approval of the Supreme Court, provide for the initiation = of=20 criminal proceedings therein by information filed in the manner provided = by law.=20 No person shall, for the same offense, be twice put in jeopardy of life = or limb;=20 nor shall private property be taken or applied to public use, without = authority=20 of law and without just compensation being first made or secured.=20

Courts to Be Open; Suits Against the Commonwealth
Section 11. =

All=20 courts shall be open; and every man for an injury done him in his lands, = goods,=20 person or reputation shall have remedy by due course of law, and eight = and=20 justice administered without sale, denial or delay. Suits may be brought = against=20 the Commonwealth in such manner, in such courts and in such cases as the = Legislature may by law direct.=20

Power of Suspending Laws
Section 12.

No power of suspending = laws=20 shall be exercised unless by the Legislature or by its authority.=20

Bail, Fines and Punishments
Section 13.

Excessive bail = shall not be=20 required, nor excessive fines imposed, nor cruel punishments inflicted.=20

Prisoners to be Bailable; Habeas Corpus
Section 14.

All = prisoners=20 shall be bailable by sufficient sureties, unless for capital offenses = when the=20 proof is evident of presumption great; and the privilege of the writ of = habeas=20 corpus shall not be suspended, unless when in case of rebellion or = invasion the=20 public safety may require it.=20

Special Criminal Tribunals
Section 15.

No commission shall = issue=20 creating special temporary criminal tribunals to try particular = individuals or=20 particular classes of cases.=20

Insolvent Debtors
Section 16.

The person of a debtor, where = there=20 is not strong presumption of fraud, shall not be continued in prison = after=20 delivering up his estate for the benefit of his creditors in such manner = as=20 shall be prescribed by law.=20

Ex Post Facto Laws; Impairment of Contracts
Section 17.

No = ex post=20 facto law, nor any law impairing the obligation of contracts, or making=20 irrevocable any grant of special privileges or immunities, shall be = passed.=20

Attainder
Section 18.

No person shall be attained of = treason or=20 felony by the Legislature.=20

Attainder Limited
Section 19.

No attainder shall work = corruption of=20 blood, nor, except during the life of the offender, forfeiture of estate = to the=20 Commonwealth.=20

Right of Petition
Section 20.

The citizens have a right in = a=20 peaceable manner to assemble together for their common good, and to = apply to=20 those invested with the powers of government for redress of grievances = or other=20 proper purposes by petition, address or remonstrance.=20

Right to Bear Arms
Section 21.

The right of the citizens to = bear=20 arms in defense of themselves and the State shall not be questioned.=20

Standing Army; Military Subordinate to Civil Power
Section 22. =

No=20 standing army shall, in time of peace, be kept up without the consent of = the=20 Legislature, and the military shall in all cases and at all times be in = strict=20 subordination to the civil power.=20

Quartering of Troops
Section 23.

No soldier shall in time = of peace=20 be quartered in any house without the consent of the owner, nor in time = of war=20 but in a manner to be prescribed by law.=20

Titles and Offices
Section 24.

The Legislature shall not = grant any=20 title of nobility of hereditary distinction, nor create any office the=20 appointment to which shall be for a longer term than during good = behavior.=20

Reservation of Powers in People
Section 25.

To guard = against the=20 transgressions of the high powers which we have delegated, we declare = that=20 everything in this article is excepted out of the general powers of = government=20 and shall forever remain inviolate.=20

No Discrimination by Commonwealth and Its Political Subdivisions =
Section=20 26.

Neither the Commonwealth nor any political subdivision thereof = shall=20 deny to any person the enjoyment of any civil right, nor discriminate = against=20 any person in the exercise of any civil right.=20

Natural Resources and the Public Estate
Section 27.

The = people have=20 a right to clean air, pure water, and to the preservation of the = natural,=20 scenic, historic and esthetic values of the environment. Pennsylvania's = public=20 natural resources are the common property of all the people, including=20 generations yet to come. As trustee of these resources, the Commonwealth = shall=20 conserve and maintain them for the benefit of all the people.=20

Prohibition Against Denial or Abridgment of Equality of Rights = Because of=20 Sex
Section 28.

Equality of rights under the law shall not be = denied or=20 abridged in the Commonwealth of Pennsylvania because of the sex of the=20 individual.=20

Article II
THE LEGISLATURE

Legislative Power
Section 1.

The legislative power of this=20 Commonwealth shall be vested in a General Assembly, which shall consist = of a=20 Senate and a House of Representatives.=20

Election of Members; Vacancies
Section 2.

Members of the = General=20 Assembly shall be chosen at the general election every second year. = Their term=20 of service shall begin on the first day of December next after their = election.=20 Whenever a vacancy shall occur in either House, the presiding officer = thereof=20 shall issue a writ of election to fill such vacancy for the remainder of = the=20 term.=20

Terms of Members
Section 3.

Senators shall be elected for = the term=20 of four years and Representatives for the term of two years.=20

Sessions
Section 4.

The General Assembly shall be a = continuing body=20 during the term for which its Representatives are elected. It shall meet = at=20 twelve o'clock noon on the first Tuesday of January each year. Special = sessions=20 shall be called by the Governor on petition of a majority of the members = elected=20 to each House or may be called by the Governor whenever in his opinion = the=20 public interest requires.=20

Qualifications of Members
Section 5.

Senators shall be at = least=20 twenty-five years of age and Representatives twenty-one years of age. = They shall=20 have been citizens and inhabitants of their respective districts one = year next=20 before their election (unless absent on the public business of the = United States=20 or of this State) and shall reside in their respective districts during = their=20 terms of service.=20

Disqualification to Hold Other Office
Section 6.

No Senator = or=20 Representative shall, during the time for which he was elected, be = appointed to=20 any civil office under this Commonwealth to which a salary, fee of = perquisite is=20 attached. No member of Congress or other person holding any office = (except of=20 attorney-at law or in the national guard or in a reserve component of = the armed=20 forces of the United States) under the United States of this = Commonwealth to=20 which a salary, fee or perquisite is attached shall be a member of = either House=20 during his continuance in office.=20

Ineligibility by Criminal Convictions
Section 7.

No person = hereafter=20 convicted of embezzlement of public moneys, bribery, perjury or other = infamous=20 crime, shall be eligible to the General Assembly, or capable of holding = any=20 office of trust or profit in this Commonwealth.=20

Compensation
Section 8.

The members of the General Assembly = shall=20 receive such salary and mileage for regular and special sessions as = shall be=20 fixed by law, and no other compensation whatever, whether for service = upon=20 committee or otherwise. No member of either House shall during the term = for=20 which he may have been elected, receive any increase of salary, or = mileage,=20 under any law passed during such term.=20

Election of Officers; Judge of Election and Qualifications of = Members=20
Section 9.

The Senate shall, at the beginning and close of each = regular=20 session and at such other times as may be necessary, elect one of its = members=20 President protempore, who shall perform the duties of the Lieutenant = Governor=20 shall be vacant. The House of Representatives shall elect one of its = members as=20 Speaker. Each House shall choose its other officers, and shall judge of = the=20 election and qualifications of its members.=20

Quorum
Section 10.

A majority of each House shall = constitute a=20 quorum, but a smaller number may adjourn from day to day and compel the=20 attendance of absent members.=20

Powers of Each House; Expulsion
Section 11.

Each House = shall have=20 power to determine the rules of its proceedings and punish its members = or other=20 persons for contempt or disorderly behavior in its presence, to enforce=20 obedience to its process, to protect its members against violence or = offers of=20 bribes or private solicitation, and, with the concurrence of two-thirds, = to=20 expel a member, but not a second time for the same cause, and shall have = all=20 other powers necessary for the Legislature of a free State. A member = expelled=20 for corruption shall not thereafter be eligible to either House, and = punishment=20 for contempt or disorderly behavior shall not bar an indictment for the = same=20 offense.=20

Journals; Yeas and Nays
Section 12.

Each House shall keep a = journal=20 of its proceedings and from time to time publish the same, except such = parts as=20 require secrecy, and the yeas and nays of the members on any question = shall, at=20 the desire of any two of them, be entered on the journal.=20

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=20 to be kept secret.=20

Adjournments
Section 14.

Neither House shall, without the = consent=20 of the other, adjourn for more than three days, nor to any other place = than that=20 in which the two Houses shall be sitting.=20

Privileges of Members
Section 15.

The members of the = General=20 Assembly shall in all cases, except treason, felony, violation of their = oath of=20 office, and breach of surety of the peace, be privileged from arrest = during=20 their attendance at the sessions of their respective Houses and in going = to and=20 returning from the same; and for any speech or debate in either House = they shall=20 not be questioned in any other place.=20

Legislative Districts
Section 16.

The Commonwealth shall be = divided=20 into fifty senatorial and two hundred three representative districts, = which=20 shall be composed of compact and contiguous territory as nearly equal in = population as practicable. Each senatorial district shall elect one = Senator, and=20 each representative district one Representative. Unless absolutely = necessary no=20 county, city, incorporated town, borough, township or ward shall be = divided in=20 forming either a senatorial or representative district.=20

Legislative Reapportionment Commission
Section 17.

(a) In each year following the year of the Federal decennial census, = a=20 Legislative Reapportionment Commission shall be constituted for the = purpose of=20 reapportioning the Commonwealth. The commission shall act by a majority = of its=20 entire membership.=20

(b) The commission shall consist of five members: four of whom shall = be the=20 majority and minority leaders of both the Senate and the House of=20 Representatives, or deputies appointed by each of them, and a chairman = selected=20 as hereinafter provided. No later than 60 days following the official = reporting=20 of the Federal decennial census as required by Federal law, the four = members=20 shall be certified by the President Pro Tempore of the Senate and the = Speaker of=20 the House of Representatives to the elections officer of the = Commonwealth who=20 under law shall have supervision over elections. The four members within = 45 days=20 after their certification shall select the fifth member, who shall serve = as=20 chairman of the commission, and shall immediately certify his name to = such=20 elections officer. The chairman shall be a citizen of the Commonwealth = other=20 than a local, State or Federal official; holding an office to which = compensation=20 is attached. If the four members fail to select the fifth member within = the time=20 prescribed, a majority of the entire membership of the Supreme Court = within=20 thirty days thereafter shall appoint the chairman as aforesaid and = certify his=20 appointment to such elections officer. Any vacancy in the commission = shall be=20 filled within fifteen days in the same manner in which such position was = originally filled.=20

(c) No later than ninety days after either the commission has been = duly=20 certified or the population data for the Commonwealth as determined by = the=20 Federal decennial census are available, whichever is later in time, the=20 commission shall file a preliminary reapportionment plan with such = elections=20 officer. The commission shall have thirty days after filling the = preliminary=20 plan to make corrections in the plan. Any person aggrieved by the = preliminary=20 plan shall have the same thirty-day period to file exceptions with the=20 commission in which case the commission shall thirty days after the date = the=20 exceptions were filled to prepare and file with such elections officer a = revised=20 reapportionment plan. If no exceptions are filled within thirty days, or = if=20 filed and acted upon, the commission's plan shall be final and have the = force of=20 law.=20

(d) Any aggrieved person may file an appeal from the final plan = directly to=20 the Supreme Court within thirty days after the filing thereof. If the = appellant=20 establishes that the final plan is contrary to law, the Supreme Court = shall=20 issue an order remanding the plan to the commission and directing the = commission=20 to reapportion the Commonwealth in a manner not inconsistent with such = order.=20

(e) When the Supreme Court has finally decided an appeal or when the = last day=20 for filing an appeal has passed with no appeal taken, the = reapportionment plan=20 shall have the force of law and the districts therein provided shall be = used=20 thereafter in elections to the General Assembly until the next = reapportionment=20 as required under this section 17.=20

(f) The General Assembly shall appropriate sufficient funds for the=20 compensation and expenses of members and staff appointed by the = commission, and=20 other necessary expenses. The members of the commission shall be = entitled to=20 such compensation for their services as the General Assembly from time = to time=20 shall determine but no part thereof shall be paid until a preliminary = plan is=20 filed. If a preliminary plan is filed but the commission fails to file a = revised=20 or final plan within the time prescribed, the commission members shall = forfeit=20 all right to compensation not paid.=20

(g) If a preliminary, revised or final reapportionment plan is not = filed by=20 the commission within the time prescribed by this section, unless the = time be=20 extended by the Supreme Court for cause shown, the Supreme Court shall=20 immediately proceed on its own motion to reapportion the Commonwealth.=20

(h) Any reapportionment plan filed by the commission, or ordered or = prepared=20 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=20 circulation in each senatorial and representative district. The = publication=20 shall contain a map of the Commonwealth showing the complete = reapportionment of=20 the General Assembly by districts, and a map showing the reapportionment = districts in the area normally served by the newspaper in which the = publication=20 is male. The publication shall also state the population of the = senatorial and=20 representative districts having the smallest and largest population and = the=20 percentage variation of such districts from the average population for=20 senatorial and representative districts.=20

Article III
LEGISLATION

A. Procedure=20

Passage of Laws
Section 1.

No law shall be passed except by = bill,=20 and no bill shall be so altered or amended, on its passage through = either House,=20 as to change its original purpose.=20

Reference to Committee; Printing
Section 2.

No bill shall be = considered unless referred to a committee, printed for the use of the = members=20 and returned therefrom.=20

Form of Bills
Section 3.

No bill shall be passed containing = more=20 than one subject, which shall be clearly expressed in its title, except = a=20 general appropriation bill or a bill codifying or compiling the law or a = part=20 thereof.=20

Consideration of Bills
Section 4.

Every bill shall be = considered on=20 three different days in each House. All amendments made thereto shall be = printed=20 for the use of the members before the final vote is taken on the bill = and before=20 the final vote is taken, upon written request addressed to the presiding = officer=20 of either House by at least twenty-five percent of the members elected = to that=20 House, any bill shall be read at length in that House. No bill shall = become a=20 law, unless on its final passage the vote is taken by yeas and nays, the = names=20 of the persons voting for and against it are entered on the journal, and = a=20 majority of the members elected to each House is recorded thereon as = voting in=20 its favor.=20

Concurring in Amendments; Conference Committee Reports
Section = 5.

No=20 amendment to bills by one House shall be concurred in by the other, = except by=20 the vote of a majority of the members elected thereto, taken by yeas and = nays,=20 and the names of those voting recorded upon the journals.=20

Revival and Amendment of Laws
Section 6.

No law shall be = revived,=20 amended, or the provisions thereof extended or conferred, by reference = to its=20 title only, but so much thereof as is revived, amended, extended or = conferred=20 shall be re-enacted and published at length.=20

Notice of Local and Special Bills
Section 7.

No local or = special=20 bill shall be passed unless notice of the intention to apply therefor = shall have=20 been published in the locality where the matter or the thing to be = effected may=20 be situated, which notice shall be at least thirty days prior to the=20 introduction into the General Assembly of such bill and in the manner to = be=20 provided by law; the evidence of such notice having been published, = shall be=20 exhibited in the General Assembly, before such act shall be passed.=20

Signing of Bills
Section 8.

The presiding officer of each = House=20 shall, in the presence of the House over which he presides, sign all = bills and=20 joint resolutions passed by the General Assembly, after their titles = have been=20 publicly read immediately before signing; and the fact of signing shall = be=20 entered on the journal.=20

Action on Concurrent Orders and Resolutions
Section 9.

Every = order,=20 resolution or vote, to which the concurrence of both Houses may be = necessary,=20 except on the question of adjournment, shall be presented to the = Governor and=20 before it shall take effect be approved by him, or being disapproved, = shall be=20 repassed by two-thirds of both Houses according to the rules and = limitations=20 prescribed in case of a bill.=20

Revenue Bills
Section 10.

All bills for raising revenue = shall=20 originate in the House of Representatives, but the Senate may propose = amendments=20 as in other bills.=20

Appropriation Bills
Section 11.

The general appropriation = bill=20 shall embrace nothing but appropriations for the executive, legislative = and=20 judicial departments of the Commonwealth, for the public debt and for = public=20 schools. All other appropriations shall be made by separate bills, each=20 embracing but one subject.=20

Legislation Designated by Governor at Special Sessions
Section = 12.=20

When the General Assembly shall be convened in special session, = there shall=20 be no legislation upon subjects other than those designated in the = proclamation=20 of the Governor calling such session.=20

Vote Denied Members with Personal Interest
Section 12.

A = member who=20 has a personal or private interest in any measure or bill proposed or = pending=20 before the General Assembly shall disclose the fact to the House of = which he is=20 a member, and shall not vote thereon. B. Education=20

Public School System
Section 14.

The General Assembly shall = provide=20 for the maintenance and support of a thorough and efficient system of = public=20 education to serve the needs of the Commonwealth.=20

Public School Money Not Available to Sectarian Schools
Section = 15.=20

No money raised for the support of the public schools of the = Commonwealth=20 shall be appropriated to or used for the support of any sectarian = school. C.=20 National Guard=20

National Guard to be Organized and Maintained
Section 16. =

The=20 citizens of this Commonwealth shall be armed, organized and disciplined = for its=20 defense when and in such manner as may be directed by law. The General = Assembly=20 shall provide for maintaining the National Guard by appropriations from = the=20 Treasury of the Commonwealth, and may exempt from State military service = persons=20 having conscientious scruples against bearing arms. D. Other Legislation = Specifically Authorized=20

Appointment of Legislative Officers and Employees
Section 17. =

The=20 General Assembly shall prescribe by law the number, duties and = compensation of=20 the officers and employees of each House, and no payment shall be made = from the=20 State Treasury, or be in any way authorized, to any person, except to an = acting=20 officer or employee elected or appointed in pursuance of law.=20

Compensation Laws Allowed to General Assembly
Section 18. =

The=20 General Assembly may enact laws requiring the payment by employers, or = employers=20 and employees jointly, of reasonable compensation for injuries to = employees=20 arising in the course of their employment, and for occupational diseases = of=20 employees, whether or not such injuries or diseases result in death, and = regardless of fault of employer or employee, and fixing the basis of=20 ascertainment of such compensation and the maximum and minimum limits = thereof,=20 and providing special or general remedies for the collection thereof; = but in no=20 other cases shall the General Assembly limit the amount to be recovered = for=20 injuries resulting in death, or for injuries to persons or property, and = in case=20 of death from such injuries, the right of action shall survive, and the = General=20 Assembly shall prescribe for whose benefit such actions shall be = prosecuted. No=20 act shall prescribe any limitations of time within which suits may be = brought=20 against corporations for injuries to persons or property, or for other = causes=20 different from those fixed by general laws regulating actions against = natural=20 persons, and such acts now existing are avoided.=20

Appropriations for Support of Widows and Orphans of Persons Who = Served in=20 the Armed Forces
Section 19.

The General Assembly may make=20 appropriations of money to institutions wherein the widows of persons = who served=20 in the armed forces are supported or assisted, or the orphans of persons = who=20 served in the armed forces are maintained and educated; but such = appropriations=20 shall be applied exclusively to the support of such widows and orphans.=20

Classification of Municipalities
Section 20.

The = Legislature shall=20 have power to classify counties, cities, boroughs, school districts, and = townships according to population, and all laws passed relating to each = class,=20 and all laws passed relating to, and regulating procedure and = proceedings in=20 court with reference to, any class, shall be deemed general legislation = within=20 the meaning of this Constitution.=20

Land Title Registration
Section 21.

Laws may be passed = providing=20 for a system of registering, transferring, insuring of and guaranteeing = land=20 titles by the State, or by the counties thereof, and for settling and=20 determining adverse or other claims to and interest in lands the titles = to which=20 are so registered, transferred, insured, and guaranteed; and for the = creation=20 and collection of indemnity funds; and for carrying the system and = powers hereby=20 provided for into effect by such existing courts as may be designated by = the=20 Legislature. Such laws may provide for continuing the registering, = transferring,=20 insuring, and guaranteeing such titles after the first or original = registration=20 has been perfected by the court, and provision may be made for raising = the=20 necessary funds for expenses and salaries of officers, which shall be = paid out=20 of the treasury of the several counties.=20

State Purchases
Section 22.

The General Assembly shall = maintain by=20 law a system of competitive bidding under which all purchases of = materials,=20 printing, supplies or other personal property used by the government of = this=20 Commonwealth shall so far as practicable be made. The law shall provide = that no=20 officer or employee of the Commonwealth shall be in any way interested = in any=20 purchase made by the Commonwealth under contract or otherwise.=20

Change of Venue
Section 23.

The power to change the venue = in civil=20 and criminal cases shall be vested in the courts, to be exercised in = such manner=20 as shall be provided by law.=20

Paying Out Public Moneys
Section 24.

No money shall be paid = out of=20 the treasury, except on appropriations made by law and on warrant issued = by the=20 proper officers; but cash refunds of taxes, licenses, fees and other = charges=20 paid or collected, but not legally due, may be paid, as provided by law, = without=20 appropriation from the fund into which they were paid on warrant of the = proper=20 officer.=20

Emergency Seats of Government
Section 25.

The General = Assembly may=20 provide, by law, during any session, for the continuity of the = executive,=20 legislative, and judicial functions of the government of the = Commonwealth, and=20 its political subdivisions, and the establishment of emergency seats = thereof and=20 any such laws heretofore enacted are validated. Such legislation shall = become=20 effective in the event of an attack by an enemy of the United States.=20

Extra Compensation Prohibited; Claims Against the Commonwealth; = Pensions=20
Section 26.

No bill shall be passed giving any extra = compensation to=20 any public officer, servant, employee, agent or contractor after = services shall=20 be rendered or contract made, nor providing for the payment of any claim = against=20 the Commonwealth without previous authority of law. Provided, however, = that=20 nothing in this Constitution shall be construed to prohibit the General = Assembly=20 from authorizing the increase of retirement allowances or pensions of = members of=20 a retirement or pension system now in effect or hereafter legally = constituted by=20 the Commonwealth, its political subdivisions, agencies or = instrumentalities,=20 after the termination of the services of said member.=20

Changes in Term of Office or Salary Prohibited
Section 27. =

No law=20 shall extend the term of any public officer, or increase or diminish his = salary=20 or emoluments, after his election or appointment. E. Restrictions on = Legislative=20 Power=20

Change of Permanent Location of State Capital
Section 28. =

No law=20 changing the permanent location of the Capital of the State shall be = valid until=20 the same shall have been submitted to the qualified electors of the = Commonwealth=20 at a general election and ratified and approved by them.=20

Appropriations for Public Assistance, Military Service, Scholarships =
Section 29.

No appropriation shall be made for charitable, = educational=20 or benevolent purposes to any person or community nor to any = denomination and=20 sectarian institution, corporation or association: Provided, that = appropriations=20 may be made for pensions of gratuities for military service and to blind = persons=20 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=20 the form of scholarship grants or loans for higher educational purposes = to=20 residents of the Commonwealth enrolled in institutions of higher = learning except=20 that no scholarship, grants or loans for higher educational purposes = shall be=20 given to persons enrolled in a theological seminary or school of = theology.=20

Charitable and Educational Appropriations
Section 30.

No=20 appropriation shall be made to any charitable or educational institution = not=20 under the absolute control of the Commonwealth, other than normal = schools=20 established by law for the professional training of teachers for the = public=20 schools of the State, except by a vote of two-thirds of all the members = elected=20 to each House.=20

Delegation of Certain Powers Prohibited
Section 31.

The = General=20 Assembly shall not delegate to any special commission, private = corporation or=20 association, any power to make, supervise or interfere with any = municipal=20 improvement, money, property or effects, whether held in trust or = otherwise, or=20 to levy taxes or perform any municipal function whatever. = Notwithstanding the=20 foregoing limitation or any other provision of the Constitution, the = General=20 Assembly may enact laws which provide that the findings of panels or=20 commissions, selected and acting in accordance with law for the = adjustment or=20 settlement of grievances or disputes or for collective bargaining = between=20 policemen and firemen and their public employers shall be binding upon = all=20 parties and shall constitute a mandate to the head of the political = subdivision=20 which is the employer or to the appropriate officer of the Commonwealth = if the=20 Commonwealth is the employer, with respect to matters which can be = remedied by=20 administrative action, and to the lawmaking body of such political = subdivision=20 or of the Commonwealth, with respect to matters which require = legislative=20 action, to take the action necessary to carry out such findings.=20

Certain Local and Special Laws
Section 32.

The General = Assembly=20 shall pass no local or special law in any case which has been or can be = provided=20 for by general law and specifically the General assembly shall not pass = any=20 local or special law.
1. Regulating the affairs of counties, cities, = townships, wards, boroughs, or school districts.
2. Vacating roads, = town=20 plats, streets or alleys.
3. Locating or changing county seats, = erecting new=20 counties or changing county lines.
4. Erecting new townships or = boroughs,=20 changing township lines, borough limits or school districts.
5. = Remitting=20 fines, penalties and forfeitures, or refunding moneys legally paid into = the=20 treasury.
6. Exempting property from taxation.
7. regulating = labor,=20 trade, mining or manufacturing.
8. Creating corporations, or = amending,=20 renewing or extending the charters thereof.
Nor shall the General = Assembly=20 indirectly enact any special or local law by the partial repeal of a = general=20 law; but laws repealing local or special acts may be passed.=20

Article IV
THE EXECUTIVE

Executive Department
Section 1.

The Executive Department of = this=20 Commonwealth shall consist of a Governor, Lieutenant Governor, Attorney = General,=20 Auditor General, State Treasurer, and Superintendent of Public = Instruction and=20 such other officers as the General Assembly may from time to time = prescribe.=20

Duties of Governor; Election Procedure; Tie or contest
Section=20 2.

The supreme executive power shall be vested in the Governor, who = shall=20 take care that the laws be faithfully executed; he shall be chosen on = the day of=20 the general election, by the qualified electors of the Commonwealth, at = the=20 places where they shall vote for Representatives. The returns of every = election=20 for Governor shall be sealed up and transmitted to the seat of = government,=20 directed to the President of the Senate, who shall open and publish them = in the=20 presence of the members of both Houses of the General Assembly. The = person=20 having the highest number of votes shall be Governor, but if two or more = be=20 equal and highest in votes, one of them shall be chosen Governor by the = joint=20 vote of the members of both Houses. Contested elections shall be = determined by a=20 committee, to be selected from both Houses of the General Assembly, and = formed=20 and regulated in such manner as shall be directed by law. General = Assembly. The=20 person having the highest number of votes shall be Governor, but if two = or more=20 be equal and highest in votes, one of them shall be chosen Governor by = the joint=20 vote of members of both Houses. Contested elections shall be determined = by a=20 committee, to be selected from both Houses of the General Assembly, and = formed=20 and regulated in such manner as shall be directed by law.=20

Terms of Office of Governor; Number of Terms
Section 3.

The = Governor=20 shall hold his office during four years from the third Tuesday of = January new=20 ensuing his election. Except for the Governor who may be in office when = this=20 amendment is adopted, he shall be eligible to succeed himself for one = additional=20 term.=20

Lieutenant Governor
Section 4.

A Lieutenant Governor shall = be chosen=20 jointly with the Governor by the casting by each voter of a single vote=20 applicable to both offices, for the same term, and subject to the same=20 provisions as the Governor; he shall be President of the Senate. As = such, he may=20 vote in case of a tie on any question except the final passage of a bill = or=20 joint resolution, the adoption of a conference report or the concurrence = in=20 amendments made by the House of Representatives.=20

Attorney General
Section 4.

1. An Attorney General shall be = chosen=20 by the qualified electors of the Commonwealth on the day the general = election is=20 held for the Auditor General and State Treasurer; he shall hold his = office=20 during four years from the third Tuesday of January next ensuing his = election=20 and shall not be eligible to serve continuously for more than two = successive=20 terms; he shall be the chief law officer of the Commonwealth and shall = exercise=20 such powers and perform such duties as may be imposed by law.=20

Qualifications of Governor, Lieutenant Governor and Attorney General =
Section 5.

No person shall be eligible to the office of = Governor,=20 Lieutenant Governor or Attorney General except a citizen of the United = States,=20 who shall have attained the age of thirty years, and have been seven = years next=20 preceding his election an inhabitant of this Commonwealth, unless he = shall have=20 been absent on the public business of the United States or of this = Commonwealth.=20 No person shall be eligible to the office of Attorney General except a = member of=20 the bar of the Supreme Court of Pennsylvania.=20

Disqualification for Offices of Governor, Lieutenant Governor and = Attorney=20 General
Section 6.

No member of Congress or person holding any = office=20 (except of attorney-at-law or in the National Guard or in a reserve = component of=20 the armed forces of the United States) under the United States or this=20 Commonwealth shall exercise the office of Governor, Lieutenant Governor = or=20 Attorney General.=20

Military Power
Section 7.

The Governor shall be = commander-in-chief=20 of the military forces of the Commonwealth, except when they shall be = called=20 into actual service of the United States.=20

Appointing Power
Section 8.

(a) The Governor shall appoint a Secretary of Education and such = other=20 officers as he shall be authorized by law to appoint. The appointment of = the=20 Secretary of Education and of such other officers as may be specified by = law,=20 shall be subject to the consent of two-thirds or a majority of the = members=20 elected to the Senate as is specified by law.=20

(b) The Governor shall fill vacancies in offices to which he appoints = by=20 nominating to the Senate a proper person to fill the vacancy within 90 = days of=20 the first day of the vacancy and not thereafter. The Senate shall act on = each=20 executive nomination within 25 legislative days of its submission. If = the Senate=20 has not voted upon a nomination within 15 legislative days following = such=20 submission, any five members of the Senate may, in writing, request the=20 presiding officer of the Senate to place the nomination before the = entire Senate=20 body whereby the nomination must be voted upon prior to the expiration = of five=20 legislative days or 25 legislative days following submission by the = Governor,=20 whichever occurs first. If the nomination is made during a recess or = after=20 adjournment sine die, the Senate shall act upon it within 25 legislative = days=20 after its return or reconvening. If the Senate for any reason fails to = act upon=20 a nomination submitted to it within the required 25 legislative days, = the=20 nominee shall take office as if the appointment had been consented to by = the=20 Senate. The Governor shall in a similar manner fill vacancies in the = offices of=20 Auditor General, State Treasurer, justice, judge, justice of the peace = and in=20 any other elective office he is authorized to fill. In the case of a = vacancy in=20 an elective office, a person shall be elected to the office on the next = election=20 day appropriate to the office unless the first day of the vacancy is = within two=20 calendar months immediately preceding the election day in which case the = election shall be held on the second succeeding election day appropriate = to the=20 office.=20

(c) In acting on executive nominations, the Senate shall sit with = open doors.=20 The votes shall be taken by yeas and nays and shall be entered on the = journal.=20

Pardoning Power; Board of Pardons
Section 9.

(a) In all criminal cases except impeachment, the Governor shall have = power=20 to remit fines and forfeitures, to grant reprieves, commutation of = sentences and=20 pardons; but no pardon shall be granted, nor sentence commuted, except = on the=20 recommendation in writing of a majority of the Board of Pardons, after = full=20 hearing in open session, upon due public notice. The recommendation, = with the=20 reasons therefor at length, shall be delivered to the Governor and a = copy=20 thereof shall be kept on file in the office of the Lieutenant Governor = in a=20 docket kept for that purpose.=20

(b) The Board of Pardons shall consist of the Lieutenant Governor who = shall=20 be chairman, the Attorney General and three members appointed by the = Governor=20 with the consent of two-thirds or a majority of the members elected to = the=20 Senate as is specified by law for terms of six years. The three members=20 appointed by the Governor shall be residents of Pennsylvania and shall = be=20 recognized leaders in their fields; one shall be a member of the bar, = one a=20 penologist, and the third a doctor of medicine, psychiatrist or = psychologist.=20 The board shall keep records of its actions, which shall at all times be = open=20 for public inspection.=20

Information from Department Officials
Section 10.

The = Governor may=20 require information in writing from the officers of the Executive = Department,=20 upon any subject relating to the duties of their respective offices.=20

Messages to the General Assembly
Section 11.

He shall, from = time to=20 time, give to the General Assembly information of the state of the = Commonwealth,=20 and recommend to their consideration such measures as he may judge = expedient.=20

Power to Convene and Adjourn the General Assembly
Section 12. =

He=20 may, on extraordinary occasions, convene the General Assembly, and in = case of=20 disagreement between the two Houses, with respect to the time of = adjournment,=20 adjourn them to such time as he shall think proper, not exceeding four = months.=20 He shall have power to convene the Senate in extraordinary session by=20 proclamation for the transaction of Executive business.=20

When Lieutenant Governor to Act as Governor
Section 13.

In = the case=20 of the death, conviction on impeachment, failure to qualify or = resignation of=20 the Governor, the Lieutenant Governor shall become Governor for the = remainder of=20 the term and in the case of the disability of the Governor, the powers, = duties=20 and emoluments of the office shall devolve upon the Lieutenant Governor = until=20 the disability is removed.=20

Vacancy in Office of Lieutenant Governor
Section 14.

In = case of the=20 death, conviction on impeachment, failure to qualify or resignation of = the=20 Lieutenant Governor, or in case he should become Governor under section = 13 of=20 this article, the President pro tempore of the Senate shall become = Lieutenant=20 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=20 devolve upon the President pro tempore of the Senate until the = disability is=20 removed. Should there be no Lieutenant Governor, the President pro = tempore of=20 the Senate shall become Governor if a vacancy shall occur in the office = of=20 Governor and in case of the disability of the Governor, the powers, = duties and=20 emoluments of the office shall devolve upon the President pro tempore of = the=20 Senate until the disability is removed. His seat as Senator shall become = vacant=20 whenever he shall become Governor and shall be filled by election as any = other=20 vacancy in Senate.=20

Approval of Bills; Vetoes
Section 15.

Every bill which = shall have=20 passed both Houses shall be presented to the Governor; if he approves he = shall=20 sign it, but if he shall not approve he shall return it with his = objections to=20 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=20 such re-consideration, two-thirds of all the members elected to that = House shall=20 agree to pass the bill, it shall be sent with the objections to the = other House=20 by which likewise it shall be re-considered, and if approved by = two-thirds of=20 all the members elected to that House it shall be a law; but in such = cases the=20 votes of both Houses shall be determined by yeas and nays, and the names = of the=20 members voting for and against the bill shall be entered on the journals = of each=20 House, respectively. If any bill shall not be returned by the Governor = within=20 ten days after it shall have been presented to him, the same shall be a = law in=20 like manner as if he had signed it, unless the General Assembly, by = their=20 adjournment, prevent its return, in which case it shall be a law, unless = he=20 shall file the same, with his objections, in the office of the Secretary = of the=20 Commonwealth, and give notice thereof by public proclamation within = thirty days=20 after such adjournment.=20

Partial Disapproval of Appropriation Bills
Section 16.

The = Governor=20 shall have power to disapprove of any item of any bill, making = appropriations of=20 money, embracing distinct items, and the part or parts of the bill = approved=20 shall be the law, and the item or items of appropriation disapproved = shall be=20 void, unless re-passed according to the rules and limitations prescribed = for the=20 passage of other bills over the Executive veto.=20

Contested Elections of Governor, Lieutenant Governor and Attorney = General;=20 When Succeeded
Section 17.

The Chief Justice of the Supreme = Court shall=20 preside upon the trial of any contested election of Governor, Lieutenant = Governor or Attorney General and shall decide questions regarding the=20 admissibility of evidence, and shall, upon request of the committee, = pronounce=20 his opinion upon other questions of law involved in the trial. The = Governor,=20 Lieutenant Governor and Attorney General shall exercise the duties of = their=20 respective offices until their successors shall be duly qualified.=20

Terms of Office of Auditor General and State Treasurer; Number of = Terms;=20 Eligibility of State Treasurer to become Auditor General
Section 18. =

The terms of the Auditor General and of the State Treasurer shall = each be=20 four years from the third Tuesday of January next ensuing his election. = They=20 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=20 successive terms. The State Treasurer shall not be eligible to the = office of=20 Auditor General until fours years after he has been State Treasurer.=20

State Seal; Commissions
Section 19.

The present Great Seal = of=20 Pennsylvania shall be the seal of the State. All commissions shall be in = the=20 name and by authority of the Commonwealth of Pennsylvania, and be sealed = with=20 the State seal and signed by the Governor.=20

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=20 Supreme Court, the Superior Court, the Commonwealth Court, courts of = common=20 pleas, community courts, municipal and traffic courts in the City of=20 Philadelphia, such other courts as may be provided by law and justices = of the=20 peace. All courts and justices of the peace and their jurisdiction shall = be in=20 this unified judicial system.=20

Supreme Court
Section 2.

The Supreme Court=20

(a) shall be the highest court of the Commonwealth and in this court = shall be=20 reposed the supreme judicial power of the Commonwealth;=20

(b) shall consist of seven justices, one of whom shall be the = justice; and=20

Superior Court
Section 3.

The Superior Court shall be a = statewide=20 court, and shall consist of the number of judges, which shall be not = less than=20 seven judges, and have such jurisdiction as shall be provided by this=20 Constitution or by the General Assembly. One of its judges shall be the=20 president judge.=20

Commonwealth Court
Section 4.

The Commonwealth Court shall = be a=20 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.=20

Courts of Common Pleas
Section 5.

There shall be one court = of common=20 pleas for each judicial district=20

(a) having such divisions and consisting of such number of judges as = shall be=20 provided by law, one of whom shall be the president judge; and=20

(b) having unlimited original jurisdiction in all cases except as may = otherwise be provided by law.=20

Community Courts; Philadelphia Municipal Court and Traffic Court =
Section=20 6.

(a) in any judicial district a majority of the electors voting = thereon may=20 approve the establishment or discontinuance of a community court. Where = a=20 community court is approved, one community court shall be established; = its=20 divisions, number of judges and jurisdiction shall be as provided by = law.=20

(b) The question whether a community court shall be established or=20 discontinued in any judicial district shall be placed upon the ballot in = a=20 primary election by petition which shall be in the form prescribed by = the=20 officer of the Commonwealth who under law shall have supervision over = elections.=20 The petition shall be filed with that officer and shall be signed by a = number of=20 electors equal to five percent of the total votes cast for all = candidates for=20 the office occupied by a single official for which the highest number of = votes=20 was cast in that judicial district at the last preceding general or = municipal=20 election. The manner of signing such petitions, the time of circulating = them,=20 the affidavits of the persons circulating them and all other details not = contained herein shall be governed by the general laws relating to = elections.=20 The question shall not be placed upon the ballot in a judicial district = more=20 than once in any five-year period.=20

(c) In the City of Philadelphia there shall be a municipal Court and = a=20 traffic court. The number of judges and the jurisdiction of each shall = be as=20 provided by law. These courts shall exist so long as a community court = has not=20 been established or in the event one has been discontinued under this = section.=20

Justices of the Peace; Magisterial Districts
Section 7.

(a) In any judicial district, other than the City of Philadelphia, = where a=20 community court has not been established or where one has been = discontinued=20 there shall be one justice of the peace in each magisterial district. = The=20 jurisdiction of the justice of the peace shall be as provided by law.=20

(b) The General Assembly shall by law establish classes of = magisterial=20 districts solely on the basis of population and population density and = shall fix=20 the salaries to be paid justices of the peace in each class. The number = and=20 boundaries of magisterial districts of each class within each judicial = district=20 shall be established by the Supreme Court or by the courts of common = pleas under=20 the direction of the Supreme Court as required for the efficient = administration=20 of justice within each magisterial district.=20

Other Courts
Section 8.

The General Assembly may establish=20 additional courts or divisions of existing courts, as needed, or abolish = any=20 statutory court or division thereof.=20

Right of Appeal
Section 9.

There shall be a right of appeal = in all=20 cases to a court of record from a court not of record; and there shall = also be a=20 right of appeal from a court of record or from an administrative agency = to a=20 court of record or to an appellate court, the selection of such court to = be as=20 provided by law; and there shall be such other rights of appeal as may = be=20 provided by law.=20

Judicial Administration
Section 10.

(a) The Supreme Court shall exercise general supervisory and = administrative=20 authority over all the courts and justices of the peace, including = authority to=20 temporarily assign judges and justices of the peace from one court or = district=20 to another as it deems appropriate.=20

(b) The Supreme Court shall appoint a court administrator and may = appoint=20 such subordinate administrators and staff as may be necessary and proper = for the=20 prompt and proper disposition of the business of all courts and justices = of the=20 peace.=20

(c) The Supreme Court shall have the power to prescribe general rules = governing practice, procedure and the conduct of all courts, justices of = the=20 peace and all officers serving process or enforcing orders, judgments or = decrees=20 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=20 the several courts as the needs of justice shall require, and for = admission to=20 the bar and to practice law, and the administration of all courts and=20 supervision of all officers of the Judicial Branch, if such rules are = consistent=20 with this Constitution and neither abridge, enlarge nor modify the = substantive=20 rights of any litigant, nor affect the right of the General Assembly to=20 determine the jurisdiction of any court or justice of the peace, nor = suspend nor=20 alter any statute of limitation or repose. All laws shall be suspended = to the=20 extent that they are inconsistent with rules prescribed under these = provisions.=20

(d) The Chief Justice and president judges of all courts with seven = or less=20 judges shall be the justice or judge longest in continuous service on = their=20 respective courts; and in the event of his resignation from this = position the=20 justice or judge next longest in continuous service shall be the Chief = Justice=20 or president judge. The president judges of all other courts shall be = selected=20 for five-year terms by the members of their respective courts, except = that the=20 president judge of the traffic court in the City of Philadelphia shall = be=20 appointed by the Governor. A chief Justice or president judge may resign = such=20 position and remain a member of the court. In the event of a tie vote = for office=20 of president judge in a court which elects its president judge, the = Supreme=20 Court shall appoint as president judge one of the judges receiving the = highest=20 number of votes.=20

(e) Should any two or more justices or judges of the same court = assume office=20 at the same time, they shall cast lots forthwith for priority of = commission, and=20 certify the results to the Governor who shall issue their commissions=20 accordingly.=20

Judicial Districts; Boundaries
Section 11.

The number and=20 boundaries of judicial districts shall be changed by the General = Assembly only=20 with the advice and consent of the Supreme Court.=20

Qualifications of Justices, Judges and Justices of the Peace =
Section 12.=20

(a) Justices, judges and justices of the peace shall be citizens of = the=20 Commonwealth. Justices and judges, except the judges of traffic court in = the=20 City of Philadelphia, shall be members of the bar of the Supreme Court. = Justices=20 and judges of statewide courts, for a period of one year preceding their = election or appointment and during their continuance in office, shall = reside=20 within the Commonwealth. Other judges and justices of the peace, for a = period of=20 one year preceding their election or appointment and during their = continuance in=20 office, shall reside with their respective districts, except as provided = in this=20 article for temporary assignments.=20

(b) Judges of the traffic court in the City of Philadelphia and = justices of=20 the peace shall be members of the bar of the Supreme Court or shall = complete a=20 course of training and instruction in the duties of their respective = offices and=20 pass an examination prior to assuming office. Such courses and = examinations=20 shall be as provided by law.=20

Election of Justices, Judges and Justices of the Peace; Vacancies=20
Section 13.

(a) Justices, judges and justices of the peace shall be elected at = the=20 municipal election next preceding the commencement of their respective = terms of=20 office by the electors of the Commonwealth or the respective districts = in which=20 they are to serve.=20

(b) A vacancy in the office of justice, judge or justice of the peace = shall=20 be filled by appointment by the Governor. The appointment shall be with = the=20 advice and consent of two-thirds of the members elected to the Senate, = except in=20 the case of justices of the peace which shall be by a majority. The = person so=20 appointed shall serve for a term ending on the first Monday of January = following=20 the next municipal election more than ten months after the vacancy = occurs or for=20 the remainder of the unexpired term whichever is less, except in the = case of=20 persons selected as additional judges to the Superior Court, where the = General=20 Assembly may stagger and fix the length of the initial terms of such = additional=20 judges by reference to any of the first, second and third municipal = elections=20 more than ten months after the additional judges are selected. The = manner by=20 which any additional judges are selected shall be provided by this = section for=20 the filling of vacancies in judicial offices.=20

(c) The provisions of section thirteen (b) shall not apply either in = the case=20 of a vacancy to be filled by retention election as provided in section = fifteen=20 (b), or in the case of a vacancy created by failure of a justice or = judge to=20 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=20 term under section thirteen (b), the vacancy shall be filled by election = as=20 provided in section thirteen (a).=20

(d) At the primary election in 1969, the electors of the Commonwealth = may=20 elect to have the justices and judges of the Supreme, Superior, = Commonwealth and=20 all other statewide courts appointed by the Governor from a list of = persons=20 qualified for the offices submitted to him by the Judicial = Qualifications=20 Commission. If a majority vote of those voting on the question is in = favor of=20 this method of appointment, then whenever any vacancy occurs thereafter = for any=20 reason in such court, the Governor shall fill the vacancy by appointment = in the=20 manner prescribed in this subsection. Such appointment shall not require = the=20 consent of the Senate.=20

(e) Each justice or judge appointed by the Governor under section = thirteen=20

(d) shall hold office for an initial term ending the first Monday of = January=20 following the next municipal election more than twenty-four months = following the=20 appointment.=20

Judicial Qualifications Commission
Section 14.

(a) Should the method of judicial selection be adopted as provided in = section=20 thirteen (d), there shall be a Judicial Qualifications Commission, = composed of=20 four non-lawyer electors appointed by the Governor and three non-judge = members=20 of the bar of the Supreme Court appointed by the Supreme Court. No more = than=20 four members shall be of the same political party. The members of the = commission=20 shall serve for terms of seven years, with one member being selected = each year.=20 The commission shall consider all names submitted to it and recommend to = the=20 Governor not fewer than ten nor more than twenty of those qualified for = each=20 vacancy to be filled.=20

(b) During his term, no member shall hold a public office or public=20 appointment for which he receive compensation, nor shall he hold office = in a=20 political party or political organization.=20

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=20 the regular term of office for judges of the municipal court and traffic = court=20 in the City of Philadelphia and of justices of the peace shall be six = years. The=20 tenure of any justice or judge shall not be affected by changes in = judicial=20 districts or by reduction in the number of judges.=20

(b) A justice or judge elected under section thirteen (a), appointed = under=20 section thirteen (d) or retained under this section fifteen (b) may file = a=20 declaration of candidacy for retention election with the officer of the=20 Commonwealth who under law shall have supervision over elections on or = before=20 the first Monday of January of the year preceding the year in which his = term of=20 office expires. If no declaration of candidacy for retention election = with the=20 officer of the Commonwealth who under law shall have supervision over = elections=20 on or before the first Monday of January of the year preceding the year = in which=20 his term of office expires. If no declaration is filed, a vacancy shall = exist=20 upon the expiration of the term of office of such justice of judge, to = be filled=20 by election under section thirteen (a) or by appointment under section = thirteen=20 (d) if applicable. If a justice or judge files a declaration, his name = shall be=20 submitted to the electors without party designation, on a separate = judicial=20 ballot or in a separate column on voting machines, at the municipal = election=20 immediately preceding the expiration of the term of office of the = justice or=20 judge, to determine only the question whether he shall be retained in = office. If=20 a majority is against retention, a vacancy shall exist upon the = expiration of=20 his term of office, to be filled by appointment under section thirteen = (b) or=20 under section thirteen (d) if applicable. If a majority favors = retention, the=20 justice or judge shall serve for the regular term of office provided = herein,=20 unless sooner removed or retired. At the expiration of each term a = justice or=20 judge shall be eligible for retention as provided herein subject only to = the=20 retirement provisions of this article.=20

Compensation and Retirement of Justices, Judges and Justices of the = Peace=20
Section 16.

(a) Justices, judges and justices of the peace shall be compensated = by the=20 Commonwealth as provided by law. Their compensation shall not be = diminished=20 during their terms of office, unless by law applying generally to all = salaried=20 officers of the Commonwealth.=20

(b) Justices, judges and justices of the peace shall be retired upon=20 attaining the age of seventy years. Former and retired justices, judges = and=20 justices of the peace shall receive such compensation as shall be = provided by=20 law. No compensation shall be paid to any justice, judge or justice of = the peace=20 who is suspended or removed from office under section eighteen of this = article=20 or under Article VI.=20

(c) A former or retired justice or judge may, with his consent, be = assigned=20 by the Supreme Court on temporary judicial service as may be prescribed = by rule=20 of the Supreme Court.=20

Prohibited Activities
Section 17.

(a) Justices and judges shall devote full time to their judicial = duties, and=20 shall not engage in the practice of law, hold office in a political = party or=20 political organization, or hold an office or position of profit in the=20 government of the United States, the Commonwealth or any municipal = corporation=20 or political subdivision thereof, except in the armed service of the = United=20 States or the Commonwealth.=20

(b) Justices and judges shall not engage in any activity prohibited = by law=20 and shall not violate any canon of legal or judicial ethics prescribed = by the=20 Supreme Court. Justices of the peace shall be governed by rules or = canons which=20 shall be prescribed by the Supreme Court.=20

(c) No justice, judge or justice of the peace shall be paid or accept = for the=20 performance of any judicial duty or for any service connected with his = office,=20 any fee, emolument of perquisite other than the salary and expenses = provided by=20 law.=20

(d) No duties shall be imposed by law upon the Supreme Court or any = of the=20 justices thereof or the Superior Court or any of the judges thereof, = except such=20 as are judicial, nor shall any of them exercise any power of appointment = except=20 as provided in this Constitution.=20

Suspension, Removal, Discipline and Compulsory Retirement =
Section 18.=20

(a) There shall be a Judicial Inquiry and Review Board having nine = members as=20 follows: three judges of the courts of common pleas from different = judicial=20 districts and two judges of the Superior Court, all of whom shall be = selected by=20 the Supreme Court; and two non-judge members of the bar of the Supreme = Court and=20 two non-lawyer electors, all of whom shall be selected by the Governor.=20

(b) The members shall serve for terms of four years, provided that a = member,=20 rather than his successor, shall continue to participate in any hearing = in=20 progress at the end of his term. A vacancy on the board shall be filled = by the=20 respective appointing authority for the balance of the term. The = respective=20 appointing authority may remove a member only for cause. No member shall = serve=20 more than four consecutive years; he may be reappointed after a lapse of = one=20 year. Annually the members of the board shall elect a chairmen. The = board shall=20 act only with the concurrence of a majority of its members.=20

(c) A member shall not hold office in a political party or political=20 organization. Members, other than judges, shall be compensated for their = services as the Supreme Court shall prescribe. All members shall be = reimbursed=20 for expenses necessarily incurred in the discharge of their official = duties.=20

(d) Under the procedure prescribed herein, any justice or judge may = be=20 suspended, removed from office or otherwise disciplined for violation of = section=20 seventeen of this article, misconduct in office, neglect of duty, = failure to=20 perform his duties, or conduct which prejudices the proper = administration of=20 justice or brings the judicial office into disrepute, and may be retired = for=20 disability seriously interfering with the performance of his duties.=20

(e) The board shall keep informed as to matters relating to grounds = for=20 suspension, removal, discipline, or compulsory retirement of justices or = judges.=20 It shall receive complaints or reports, formal or informal, from any = source=20 pertaining to such matters, and shall make such preliminary = investigations as it=20 deems necessary.=20

(f) The board, after such investigation, may order a hearing = concerning the=20 suspension, removal, discipline or compulsory retirement of a justice or = judge.=20 The board's orders for attendance of or testimony by witnesses or for = the=20 production of documents at any hearing or investigation shall be = enforceable by=20 contempt proceedings.=20

(g) If, after hearing, the board finds good cause therefor, it shall=20 recommend to the Supreme Court the suspension, removal, discipline or = compulsory=20 retirement of the justice or judge.=20

(h) The Supreme Court shall review the record of the board's = proceedings on=20 the law and facts and may permit the introduction of additional = evidence. It=20 shall order suspension, removal, discipline or compulsory retirement, or = wholly=20 reject the recommendation, as it finds just and proper. Upon on order = for=20 compulsory retirement, the justice or judge shall be retired with the = same=20 rights and privileges were he retired under section sixteen of this = article.=20 Upon an order for suspension or removal, the justice or judge shall be = suspended=20 or removed from office, and his salary shall cease from the date of such = order.=20 All papers filed with and proceedings before the board shall be = confidential but=20 upon being filed by the board in the Supreme Court, the record shall = lose its=20 confidential character. The filing of papers with and the giving of = testimony=20 before the board shall be privileged.=20

(i) No justice or judge shall participate as a member of the board or = of the=20 Supreme Court in any proceeding involving his suspension, removal, = discipline or=20 compulsory retirement.=20

(j) The Supreme Court shall prescribe rules of procedure under this = section.=20

(k) The Supreme Court shall prescribe rules of procedure for the = suspension,=20 removal, discipline and compulsory retirement of justices of the peace.=20

(l) A justice, judge or justice of the peace convicted of misbehavior = in=20 office by a court, disbarred as a member of the bar of the Supreme Court = or=20 removed under this section eighteen shall forfeit automatically his = judicial=20 office and thereafter be ineligible for judicial office.=20

(m) A justice or judge who shall file for nomination for or election = to any=20 public office other than a judicial office shall forfeit automatically = his=20 judicial office.=20

(n) This section is in addition to and not in substitution for the = provisions=20 for impeachment for misbehavior in office contained in Article VI. No = justice,=20 judge or justice of the peace against whom impeachment proceedings are = pending=20 in the Senate shall exercise any of the duties of his office until he = has been=20 acquitted.=20

COURTS OTHER THAN IN THE CITY OF PHILADELPHIA AND ALLEGHENY COUNTY =

The Supreme Court
Section 1.

The Supreme Court shall = exercise all=20 the powers and, until otherwise provided by law, jurisdiction now vested = in the=20 present Supreme Court and, until otherwise provided by law, the accused = in all=20 cases of felonious homicide shall have the right of appeal to the = Supreme Court.=20

The Superior Court
Section 2.

Until otherwise provided by = law, the=20 Superior Court shall exercise all the jurisdiction now vested in the = present=20 Superior Court. The present terms of all judges of the Superior Court = which=20 would otherwise expire on the first Monday of January in an odd-numbered = year=20 shall be extended to expire in the even- numbered year next following.=20

Commonwealth Court
Section 3.

The Commonwealth Court shall = come into=20 existence on January 1, 1970. Notwithstanding anything to the contrary = in this=20 article, the General Assembly shall stagger the initial terms of judges = of the=20 Commonwealth Court.=20

The Courts of Common Pleas
Section 4.

Until otherwise = provided by=20 law, the several courts of common pleas shall exercise the jurisdiction = now=20 vested in the present courts of common pleas. The courts of oyer and = terminer=20 and general jail delivery, quarter sessions of the peace, and orphans = courts are=20 abolished and the several courts of common pleas shall also exercise the = jurisdiction of these courts. Orphans' courts in judicial districts = having=20 separate orphans' courts shall become orphans' court divisions of the = courts of=20 common pleas and the court of common pleas in those judicial districts = shall=20 exercise the jurisdiction presently exercised by the separate orphans' = courts=20 through their respective orphans' court division.=20

Orphans' Court Judges
Section 5.

In those judicial districts = having=20 separate orphans' courts, the present judges thereof shall become judges = of the=20 orphans' court division of the court of common pleas and the present = president=20 judge shall become the president judge of the orphans' court division of = the=20 court of common pleas for the remainder of his term without diminution = in=20 salary.=20

Courts of Common Pleas in Multi-County Judicial Districts =
Section=20 6.

Courts of common pleas in multi-county judicial districts are = abolished=20 as separate courts and are hereby constituted as branches of the single = court of=20 common pleas established under this article in each such judicial = district.=20

Community Courts
Section 7.

In a Judicial district which = establishes=20 a community court, a person serving as a justice of the peace at such = time:=20

(a) May complete his term exercising the jurisdiction provided by law = with=20 the compensation provided by law, and=20

(b) Upon completion of his term, his office is abolished and no = judicial=20 function of the kind heretofore exercised by a justice of the peace = shall=20 thereafter be exercised other than by the community court.=20

JUSTICES, JUDGES AND JUSTICES OF THE PEACE

Justices, Judges and Justices of the Peace
Section=20 8.

Notwithstanding any provision in the article, a present justice, = judge or=20 justice of the peace may complete his term of office.=20

Associate Judges
Section 9.

The office of associate judge = not=20 learned in the law is abolished, but a present associate judge may = complete his=20 term.=20

Retention Election of Present Justices and Judges
Section 10. =

A=20 present judge who was originally elected to office and seeks retention = in 1969=20 municipal election and is otherwise eligible may file his declaration of = candidacy by February 1, 1969.=20

Selection of President Judges
Section 11.

(a) Except in the City of Philadelphia, section ten (d) of the = article shall=20 become effective upon the expiration of the term of the present = president judge,=20 or upon earlier vacancy.=20

(b)Notwithstanding section ten (d) of the article the president judge = of the=20 Superior Court shall be the judge longest in continuous service on such = court if=20 such judge was a member of such court on the first Monday of January = 1977. If no=20 such judge exists or is willing to serve as president judge shall be = selected as=20 provided by this article.=20

MAGISTRATES, ALDERMEN AND JUSTICES OF THE PEACE AND MAGISTERIAL = DISTRICTS=20 OTHER THAN IN THE CITY OF PHILADELPHIA

Magistrates, Aldermen and Justices of the Peace
Section 12. =

An=20 alderman, justice of the peace or magistrate:=20

(a) May complete his term, exercising the jurisdiction provided by = law and=20 with the method of compensation provided by law prior to the adoption of = this=20 article;=20

(b) Shall be deemed to have taken and passed the examination required = by this=20 article for justices of the peace if he has completed one full term of = office=20 before creation of a magisterial district, and=20

(d) Except for officers completing their terms, after the first = MOnday in=20 January, 1970, no judicial function of the kind heretofore exercised by = these=20 officers, by majors and like officers in municipalities shall be = exercised by=20 any officer other than the one justice of the peace elected or appointed = to=20 serve in that magisterial district.=20

Magisterial Districts
Section 13.

So that the provisions of = this=20 article regarding the establishment of magisterial districts and the = instruction=20 and examination of justices of the peace may be self-executing, until = otherwise=20 provided by law in a manner agreeable to this article, the following = provisions=20 shall be in force:=20

(a) The Supreme Court or the courts of common pleas under the = direction of=20 the Supreme Court shall fix the number and boundaries of magisterial = districts=20 of each class within each judicial district by January 1, 1969, and = these=20 magisterial districts, except where a community court has been adopted, = shall=20 come into existence on January 1, 1970, the justices of the peace = thereof to be=20 elected at the municipal election in 1969. These justices of the peace = shall=20 retain no fine, costs or any other sum that shall be delivered into = their hands=20 for the performance of any judicial duty or for any service connected = with their=20 offices, but shall remit the same to the Commonwealth, county, municipal = subdivision, school district or otherwise as may be provided by law.=20

(b) Classes of magisterial districts.=20

(i) Magisterial districts of the first class shall have a population = density=20 of more than five thousand persons per square mile and a population of = not less=20 than sixty-five thousand persons.=20

(ii) Magisterial districts of the second class shall have a = population=20 density of between one thousand and five thousand persons per square = mile and a=20 population of between twenty thousand persons and sixty-five thousand = persons.=20

(iii) Magisterial districts of the third class shall have a = population=20 density of between two hundred and one thousand persons per square mile = and a=20 population of between twelve thousand persons and twenty thousand = persons.=20

(iv) Magisterial districts of the fourth class shall have a = population=20 density of between seventy and two hundred persons per square mile and a = population of between seven thousand five hundred persons and twelve = thousand=20 persons.=20

(v) Magisterial districts of the fifth class shall have a population = density=20 of under seventy persons per square mile and a population of between = four=20 thousand persons and seven thousand five hundred persons.=20

(i) In first class magisterial districts, twelve thousand dollars per = year.=20

(ii) In second class magisterial districts, ten thousand dollars per = year.=20

(iii) In third class magisterial districts, eight thousand dollars = per year.=20

(iv) In fourth and fifth class magisterial districts, five thousand = dollars=20 per year.=20

(v) The salaries here fixed shall be paid by the State Treasurer and = for such=20 payment this article and schedule shall be sufficient warrant.=20

(d) Course of training, instruction and examination. The course of = training=20 and instruction and examination in civil and criminal law and procedure = for a=20 justice of the peace shall be devised by the Department of Public = Instruction,=20 and it shall administer this course and examination to insure that = justices of=20 the peace are competent to perform their duties.=20

Magisterial Districts
Section 14.

Effective immediately = upon=20 establishment of magisterial districts and until otherwise prescribed = the civil=20 and criminal procedural rules relating to venue shall apply to = magisterial=20 districts; all proceedings before aldermen, magistrates and justices of = the=20 peace shall be brought in and only in a magisterial district in which = occurs an=20 event which would give rise to venue in a court of record; the court of = common=20 pleas upon its own motion or on application at any stage of proceedings = shall=20 transfer any proceeding in any magisterial district to the justice of = the peace=20 for the magisterial district in which proper venue lies.=20

PROTHONOTARIES AND CLERKS OTHER THAN IN THE CITY OF PHILADELPHIA =

Prothonotaries, Clerks of Courts, Clerks of Orphans' Courts =
Section 15.=20

Until otherwise provided by law, the offices of prothonotary and = clerk of=20 courts shall become the offices of prothonotary and clerk of courts of = the court=20 of common pleas of the judicial district, and in multi-county judicial = districts=20 of their county's branch of the court of common pleas, and the clerk of = the=20 orphans' court in a judicial district now having a separate orphans' = court shall=20 become the clerk of the orphans' court division of the court of common = pleas,=20 and these officers shall continue to perform the duties of the office = and to=20 maintain and be responsible for the records, books and dockets as = heretofore. In=20 judicial districts where the clerk of the orphans' court is not the = register of=20 wills, he shall continue to perform the duties of the office and to = maintain and=20 be responsible for the records, books and dockets as heretofore until = otherwise=20 provided by law.=20

THE CITY OF PHILADELPHIA

Courts and Judges
Section 16.

Until otherwise provided by = law:=20

(a) The court of common pleas shall consist of a trial division, = orphans'=20 court division and family court division.=20

(b) The judges of the court of common pleas shall become judges of = the trial=20 division of the court of common pleas provided for in this article and = their=20 tenure shall not otherwise be affected.=20

(c) The judges of the county court shall become judges of the family = court=20 division of the court of common pleas and their tenure shall not = otherwise be=20 affected.=20

(d) The judges of the orphans' court shall become judges of the = orphans'=20 court division of the court of common pleas and their tenure shall not = otherwise=20 be affected.=20

(e) As designated by the Governor, twenty-two of the present = magistrates=20 shall become judges of the municipal court and six shall become judges = of the=20 traffic court, and their tenure shall not otherwise be affected.=20

(f) One of the judges of the court of common pleas shall be president = judge=20 and he shall be selected in the manner provided in section ten (d) of = this=20 article. He shall be the administrative head of the court and shall = supervise=20 the court's judicial business.=20

(g) Each division of the court of common pleas shall be presided over = by an=20 administrative judge, who shall be one of its judges and shall be = elected for a=20 term of five years by a majority vote of the judges of that division. He = shall=20 assist the president judge in supervising the judicial business of the = court and=20 shall be responsible to him. Subject to the foregoing, the judges of the = court=20 of common pleas shall prescribe rules defining the duties of the = administrative=20 judges. The president judge shall have the power to assign judges from = each=20 division to each other division of court when required to expedite the = business=20 of the court.=20

(h) Until all members of the municipal court are members of the bar = of the=20 Supreme Court, the president judge of the court of common pleas shall = appoint=20 one of the judges of the municipal court as president judge for a = five-year term=20 or at the pleasure of the president judge of the court of common pleas. = The=20 president judge of the municipal court shall be eligible to succeed = himself as=20 president judge for any number of terms and shall be the administrative = head of=20 that court and shall supervise the judicial business of the court. He = shall=20 promulgate all administrative rules and regulations and make all = judicial=20 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=20 Supreme Court to the court of common pleas when required to expedite the = business of the court.=20

(i) The Governor shall appoint one of the judges of the traffic court = as=20 president judge for a term of five years or at the pleasure to the = Governor. The=20 president judge of the traffic court shall be eligible to succeed = himself as=20 president judge for any number of terms, shall be the executive and=20 administrative head of the traffic court, and shall supervise the = judicial=20 business of the court, shall promulgate all administrative rules and=20 regulations, and shall make all judicial assignments.=20

(j) The exercise of all supervisory and administrative powers = detailed in=20 this section sixteen shall be subject to the supervisory and = administrative=20 control of the Supreme Court.=20

(k) The prothonotary shall continue to exercise the duties of that = office for=20 the trial division of the court of common pleas and for the municipal = court.=20

(l) The clerk of quarter sessions shall continue to exercise the = duties of=20 that office for the trial division of the court of common pleas and for = the=20 municipal court.=20

(m) That officer serving as clerk to the county court shall continue = to=20 exercise the duties of that office for the family division of the court = of=20 common pleas.=20

(n) The register of wills shall serve ex officio as clerk of the = orphans'=20 court division of the court of common pleas.=20

(o) The court of common pleas shall have unlimited original = jurisdiction in=20 all cases except those cases assigned by this schedule to the municipal = court=20 and to the traffic court. The court of common pleas shall have all the=20 jurisdiction now vested in the court of common pleas, the court of oyer = and=20 terminer and general jail delivery, courts of quarter sessions of the = peace,=20 orphans' court, and county court. Jurisdiction in all of the foregoing = cases=20 shall be exercised through the trial division of the court of common = pleas=20 except in those cases which are assigned by this schedule to the = orphans' court=20 and family court divisions of the court of common pleas. The court of = common=20 pleas through the trial division shall also hear and determine appeals = from the=20 municipal court and traffic court.=20

(p) The court of common pleas through the orphans' court division = shall=20 exercise the jurisdiction heretofore exercised by the orphans' court.=20

(q) The court of common pleas through the family court division of = the court=20 of common pleas shall exercise jurisdiction in the following matters:=20

(i) Domestic Relations: desertion or nonsupport of wives, children = and=20 indigent parents, including children born out of wedlock; proceedings = for=20 custody of children; divorce and annulment and property matters relating = thereto.=20

(ii) Juvenile Matters: dependent, delinquent and neglected children = and=20 children under eighteen years of age, suffering from epilepsy, nervous = or mental=20 defects, incorrigible, runaway and disorderly minors eighteen to twenty = years of=20 age and preliminary hears in criminal cases where the victim is a = juvenile.=20

(iii) Adoptions and Delayed Birth Certificates=20

(r) The municipal court shall have jurisdiction in the following = matters.=20

(i) Committing magistrates' jurisdiction in all criminal matters.=20

(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=20 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=20 imposed or punishable by a term of imprisonment of not more than three = years. In=20 these cases, the defendant shall have no right of trial by jury in that = court,=20 but he shall have the right of appeal for trial de novo including the = right to=20 trial by jury to the trial division of the court of common pleas. Until = there=20 are a sufficient number of judges who are members of the bar of the = Supreme=20 Court serving in the municipal court to handle such matters, the trial = division=20 of the court of common pleas shall have concurrent jurisdiction over = such=20 matters, the assignment of cases to the respective courts to be = determined by=20 rule prescribed by the president judge of the court of common pleas.=20

(iv) Matters arising under the Landlord and Tenant Act of 1951.=20

(v) All civil claims involving less than five hundred dollars. In = these=20 cases, the parties shall have no right of trial by jury in that court = but shall=20 have a right of appeal for a trial de novo including the right to trial = by jury=20 to the trial division of the court of common pleas, it being the purpose = of this=20 subsection to establish an expeditious small claims procedure whereby it = shall=20 not be necessary for the litigants to obtain council. This limited grant = of=20 civil jurisdiction shall be co-extensive with the civil jurisdiction of = the=20 trial division of the court of common pleas.=20

(vi) As commissioners to preside at arraignments, fix and accept = bail, issue=20 warrants and perform duties of a similar nature. The grant of = jurisdiction under=20 clauses (iii) and (v) of this subsection may be exercised only by those = judges=20 who are members of the bar of the Supreme Court.=20

(s) The traffic court shall have exclusive jurisdiction of all = summary=20 offenses under the motor vehicle laws.=20

(t) the courts of oyer and terminer and general jail delivery, = quarter=20 sessions of the peace, the county court, the orphans' court and the ten = separate=20 courts of common pleas are abolished and their jurisdiction and powers = shall be=20 exercised by the court of common pleas provided for in this article = through the=20 divisions established by this schedule.=20

(u) The office of magistrate, the board of magistrates and the = present=20 traffic court are abolished.=20

(v) Those judges appointed to the municipal court in accordance with=20 subsection (e) of this section who are not members of the bar of the = Supreme=20 Court shall be eligible to complete their present terms and to be = elected to and=20 serve for one additional term, but not thereafter.=20

(w) The causes, proceedings, books, dockets and records of the = abolished=20 courts shall become those of the court or division thereof to which, = under this=20 schedule, jurisdiction of the proceedings or matters concerned has been=20 transferred, and that court or division thereof shall determine and = conclude=20 such proceedings as if it had assumed jurisdiction in the first = instance.=20

(x) The present president judges of the abolished courts and chief = magistrate=20 shall continue to receive the compensation to which they are now = entitled as=20 president judges and chief magistrate until the end of their present = terms as=20 president judges and chief magistrate respectively.=20

(y) The offices of prothonotary and register of wills in the City of=20 Philadelphia shall no longer be considered constitutional offices under = this=20 article, but their powers and functions shall continue as at present = until these=20 offices are covered in the Home Rule Charter by a referendum in the = manner=20 provided by law.=20

(z) If a community court is established in the City of Philadelphia, = a person=20 serving as a judge of the municipal or traffic court at that time:=20

(i) Notwithstanding the provisions of subsection (v) of this section, = may=20 complete his term exercising the jurisdiction provided by law and with = the=20 compensation provided by law; and=20

(ii) At the completion of his term, his office is abolished and no=20 jurisdiction of the kind exercised by those officers immediately after = the=20 effective date of this article and schedule shall thereafter be = exercises other=20 than by the community court.=20

ALLEGHENY COUNTY

Courts
Section 17.

Until otherwise provided by law:=20

(a) The court of common pleas shall consist of a trial division, an = orphans'=20 court division and a family court division; the courts of oyer and = terminer and=20 general jail delivery and quarter sessions of the peace, the county = court, the=20 orphans' court, and the juvenile court are abolished and their present=20 jurisdiction shall be exercised by the court of common pleas. Until = otherwise=20 provided by rule of the court of common pleas and, except as otherwise = provided=20 in this schedule,the court of common pleas shall exercise the = jurisdiction of=20 the present court of common pleas and the present county court through = the trial=20 division. Until otherwise provided by rule of the court of common pleas, = the=20 jurisdiction of the present orphans' court, except as otherwise provided = in this=20 schedule, shall be exercised by the court of common pleas through the = orphans'=20 court division.=20

(b) Until otherwise provided by rule of the court of common pleas, = the court=20 of common pleas shall exercise jurisdiction in the following matters = through the=20 family court division:=20

(i) Domestic Relations: Desertion or nonsupport or nonsupport of = wives,=20 children and indigent parents, including children born out of wedlock;=20 proceedings, including habeas corpus, for custody of children; divorce = and=20 annulment and property matters relating thereto.=20

(ii) Juvenile Matters: All matters now within the jurisdiction of the = juvenile court.=20

(iii) Adoptions and Delayed Birth Certificates.=20

Judges
Section 18.

Until otherwise provided by law, the = present=20 judges of the court of common pleas shall continue to act as the judges = of that=20 court; the present judges of the county court shall become judges of the = court=20 of common pleas; the present judges of the orphans' court shall become = judges of=20 the orphans' court division of the court of common pleas; the present = judges of=20 the juvenile court shall become judges of the family court division of = the court=20 of common pleas.=20

President Judges
Section 19.

The present president judge of = the=20 court of common pleas may complete his term as president judge; the = present=20 president judge of the orphans' court shall be the president judge of = the=20 orphans' court division of the court of common pleas for the remainder = of his=20 term as president judge, and the present president judge of the county = court=20 shall be the president judge of the family court division of the court = of common=20 pleas for the remainder of his term as president judge, all these = without=20 diminution of salary as president judge. The president judge of the = trial=20 division shall be selected pursuant to section twenty of this schedule.=20

President Judges; Court Division
Section 20.

Until = otherwise=20 provided by law, the trial division, the orphans' court division and the = family=20 court division of the court of common pleas shall each be presided over = by a=20 president judge, who shall be one of the judges of such division and = shall be=20 elected for a term of five years by a majority vote of the judges of = that=20 division. He shall assist the president judge of the court of common = pleas in=20 supervising the judicial business of the court and shall be responsible = to him.=20 Subject to the foregoing, the judges of the court of common pleas shall=20 prescribe rules defining the duties of the president judges. The = president judge=20 of the court of common pleas shall have the power to assign judges from = one=20 division to another division of the court when required to expedite the = business=20 of the court. The exercise of these supervisory and administrative = powers,=20 however, shall be subject to the supervisory and administrative powers = of the=20 Supreme Court.=20

THE CITY OF PITTSBURGH

Inferior Courts
Section 21.

Upon the establishment of = magisterial=20 districts pursuant to this article and schedule, and unless otherwise = provided=20 by law, the police magistrates, including those serving in the traffic = court,=20 the housing court and the city court shall continue as at present. Such=20 magistrates shall be part of the unified judicial system and shall be = subject to=20 the general supervisory and administrative authority of the Supreme = Court. Such=20 magistrates shall be subject to the provisions of this article and = schedule=20 regarding educational requirements and prohibited activities of justices = of the=20 peace.=20

CAUSES, PROCEEDINGS, BOOKS AND RECORDS

Causes, Proceedings, Books and Records
Section 22.

All = causes and=20 proceedings pending in any abolished court or office of the justice of = the peace=20 shall be determined and concluded by the court to which jurisdiction of = the=20 proceedings has been transferred under this schedule and all books, = dockets and=20 records of any abolished court or office of the justice of the peace = shall=20 become those of the court to which, under this schedule, jurisdiction of = the=20 proceedings concerned has been transferred.=20

COMMISSION AND BOARD

Judicial Qualifications Commission
Section 23.

The = selection of the=20 first members of the Judicial Qualifications Commission provided for in = section=20 fourteen (a) of this article shall be made as follows: The Governor = shall=20 appoint the four non-lawyer members for terms of, respectively, one = year, three=20 years, five years and seven years, no more than two of whom shall be = members of=20 the same political party. The Supreme Court shall appoint the three = non-judge=20 members of the bar of the Supreme Court of Pennsylvania for terms, = respectively,=20 of two years, four years and six years, no more than two of whom shall = be=20 members of the same political party.=20

Judicial Inquiry and Review Board
Section 24.

The selection = of the=20 first members of the Judicial Inquiry and Review Board shall be made as = follows:=20 one judge of the Superior Court, one non-judge member of the bar of the = Supreme=20 Court, and one non-lawyer member shall be selected for two-year terms; = one judge=20 of the Superior Court, one non-judge member of the bar of the Supreme = Court, and=20 one non-lawyer member shall be selected for four years terms; one judge = of the=20 court of common pleas shall be selected for a term of two years, one for = a term=20 of three years, and one for a term of four years.=20

GENERAL PROVISIONS

Dispensing with Trial by Jury
Section 25.

Until otherwise = provided=20 by law, the parties, by agreement filed, may in any civil case dispense = with=20 trial by jury, and submit the decision of such case to the court having=20 jurisdiction thereof, and such court shall hear and determine the same; = and the=20 judgment thereon shall be subject to writ of error as in other cases.=20

Writs of Certiorari
Section 26.

Unless and until changed by = rule of=20 the Supreme Court, in addition to the right of appear under section nine = of this=20 article, the judges of the courts of common pleas, within their = respective=20 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=20 courts not of record and to cause their proceedings to be brought before = them,=20 and right and justice to be done.=20

Judicial Districts
Section 27.

Until changed in accordance = with=20 section eleven of this article, the number and boundaries of judicial = districts=20 shall remain as at present.=20

Referendum
Section 28.

The officer of the Commonwealth who = under=20 law shall have supervision over elections shall cause the question = provided for=20 in section thirteen (d) of this article to be placed on the ballot in = the 1969=20 primary election throughout the Commonwealth.=20

Persons Specially Admitted by Local Rules
Section 29.

Any = person=20 now specially admitted to practice may continue to practice in the court = of=20 common pleas or in that division of the court of common pleas and the = municipal=20 court in the City of Philadelphia which substantially includes the = practice for=20 which such person was previously specially admitted.=20

Article VI
PUBLIC OFFICERS

Section of Officers Not Otherwise Provided for in Constitution =
Section=20 1.

All officers, whose selection is not provided for in this = Constitution,=20 shall be elected or appointed as may be directed by law.=20

Incompatible Offices
Section 2.

No member of Congress from = this=20 State, nor any person holding or exercising any office or appointment of = trust=20 or profit under the United States, shall at the same time hold or = exercise any=20 office in this State to which a salary, fees or perquisites shall be = attached.=20 The General Assembly may be law declare what offices are incompatible.=20

Oath of Office
Section 3.

Senators, Representatives and all=20 judicial, State and county officers shall, before entering on the duties = of=20 their respective offices, take and subscribe the following oath or = affirmation=20 before a person authorized to administer oaths. "I do solemnly swear (or = affirm)=20 that I will support, obey and defend the Constitution of the United = States and=20 the Constitution of this Commonwealth and that I will discharge the = duties of my=20 office with fidelity." The oath or affirmation shall be administered to = a member=20 of the Senate or to a member of the House of Representatives in the hall = of the=20 House to which he shall have been elected. Any person refusing to take = the oath=20 or affirmation shall forfeit his office.=20

Power of Impeachment
Section 4.

The House of Representatives = shall=20 have the sole power of impeachment.=20

Trial of Impeachments
Section 5.

All impeachments shall be = tried by=20 the Senate. When sitting for that purpose the Senators shall be upon = oath or=20 affirmation. No person shall be convicted without the concurrence of = two-thirds=20 of the members present.=20

Officers Liable to Impeachment
Section 6.

The Governor and = all other=20 civil officers shall be liable to impeachment for any misbehavior in = office, but=20 judgment in such cases shall not extend further than to removal from = office and=20 disqualification to hold any office of trust or profit under this = Commonwealth.=20 The person accused, whether convicted or acquitted, shall nevertheless = be liable=20 to indictment, trial, judgment and punishment according to law.=20

Removal of Civil Officers
Section 7.

All civil officers = shall hold=20 their offices on the condition that they behave themselves well while in = office,=20 and shall be removed on conviction of misbehavior in office or of any = infamous=20 crime. Appointed civil officers, other than judges of the courts of = record, may=20 be removed at the pleasure of the power by which they shall have been = appointed.=20 All civil officers elected by the people, except the Governor, the = Lieutenant=20 Governor, members of the General Assembly and judges of the courts of = record,=20 shall be removed by the Governor for reasonable cause, after due notice = and full=20 hearing, on the address of two-thirds of the Senate.=20

Article VII
ELECTIONS

Qualifications of Electors
Section 1.

Every citizen 21 years = of age,=20 possessing the following qualifications, shall be entitled to vote at = all=20 elections subject, however, to such laws requiring and regulating the=20 registration of electors as the General Assembly may enact. 1. He or she = shall=20 have been a citizen of the United States at least one month. 2. He or = she shall=20 have resided in the State ninety (90) days immediately preceding the = election.=20 3. He or she shall have resided in the election district where he or she = shall=20 offer to vote at least sixty (60) days immediately preceding the = election,=20 except that if qualified to vote in an election district prior to = removal of=20 residence, he or she may, if a resident of Pennsylvania, vote in the = election=20 district from which he or she removed his or her residence within sixty = (60)=20 days preceding the election.=20

General Election Day
Section 2.

The general election shall = be held=20 biennially on the Tuesday next following the first Monday of November in = each=20 even- numbered year, but the General Assembly may be law fix a different = day,=20 two-thirds of all the members of each House consenting thereto: = Provided, that=20 such election shall always be held in an even-numbered year.=20

Municipal Election Day; Offices to Be Filled on Election Days =
Section=20 3.

All judged elected by the electors of the State at large may be = elected=20 at either a general or municipal election, as circumstances may require. = All=20 elections for judges of the courts for the several judicial districts, = and for=20 county, city, ward, borough, and township officers, for regular terms of = service, shall be held on the municipal election day; namely, the = Tuesday next=20 following the first Monday of November in each odd-numbered year, but = the=20 General Assembly may by law fix a different day, two-thirds of all the = members=20 of each House consenting thereto: Provided, That such elections shall be = held in=20 an odd-numbered year: Provided further, That all judges for the courts = of the=20 several judicial districts holding office at the present time, whose = terms of=20 office may end in an odd-numbered year, shall continue to hold their = offices=20 until the first Monday of January in the next succeeding even-numbered = year.=20

Method of Elections; Secrecy in Voting
Section 4.

All = elections by=20 the citizens shall be by ballot or by such other method as may be = prescribed by=20 law; Provided, That secrecy in voting be preserved.=20

Electors Privileged from Arrest
Section 5.

Electors shall in = all=20 cases except treason, felony and breach or surety of the peace, be = privileged=20 from arrest during their attendance on elections and in going to and = returning=20 therefrom.=20

Election and Registration Laws
Section 6.

All laws = regulating the=20 holding of elections by the citizens, or for the registration of = electors, shall=20 be uniform throughout the State, except that laws regulating and = requiring the=20 registration of electors may be enacted to apply to cities only, = provided that=20 such laws be uniform for cities of the same class, and except further, = that the=20 General Assembly shall by general law, permit the use of voting = machines, or=20 other mechanical devices for registering or recording and computing the = vote, at=20 all elections or primaries, in any county, city, borough, incorporated = town or=20 township of the Commonwealth, at the option of the electors of such = county,=20 city, borough, incorporated town or township, without being obliged to = require=20 the use of such voting machines or mechanical devices in any other = county, city,=20 borough, incorporated town or township, under such regulations with = reference=20 thereto as the General Assembly may from time to time prescribe. The = General=20 Assembly may, from time to time, prescribe the number and duties of = election=20 officers in any political subdivision of the Commonwealth in which = voting=20 machines or other mechanical devices authorized by this section may be = used.=20

Bribery of Electors
Section 7.

Any person who shall give, or = promise=20 or offer to give, to an elector, any money, reward or other valuable=20 consideration for his vote at an election, or for withholding the same, = or who=20 shall give or promise to give such consideration to any other person or = party=20 for such elector's vote for the withholding thereof, and any elector who = shall=20 receive or agree to receive, for himself or for another, any money, = reward or=20 other valuable consideration for his vote at an election, or for = withholding the=20 same, shall thereby forfeit the right to vote at such election, and any = elector=20 whose right to vote shall be challenged for such cause before the = election=20 officers, shall be required to swear or affirm that the matter of the = challenge=20 is untrue before his vote shall be received.=20

Witnesses in Contested Elections
Section 8.

In trials of = contested=20 elections and in proceedings for the investigation of elections, no = person shall=20 be permitted to withhold his testimony upon the ground that it may = criminate=20 himself or subject him to public infamy; but such testimony shall not = afterwards=20 be used against him in any judicial proceedings except for perjury in = giving=20 such testimony.=20

Fixing Election Districts
Section 9.

Townships and wards of = cities=20 or boroughs shall form or be divided into election districts of compact = and=20 contiguous territory and their boundaries fixed and changed in such = manner as=20 may be provided by law.=20

Viva Voce Elections
Section 10.

All elections by persons in = a=20 representative capacity shall be viva voce or by automatic recording = device=20 publicly indicating how each person voted.=20

Election Officers
Section 11.

District election boards = shall=20 consist of a judge and two inspectors, who shall be chosen at municipal=20 elections for such terms as may be provided by law. Each elector shall = have the=20 right to vote for the judge and one inspector, and each inspector shall = appoint=20 one clerk. The first election board for any new district shall be = selected, and=20 vacancies in election boards filled, as shall be provided by law. = Election=20 officers shall be privileged from arrest upon days of election, and = while=20 engaged in making up and transmitting returns, except upon warrant of a = court of=20 record or judge thereof, for an election fraud, for felony, or for = wanton breach=20 of the peace. In cities they may claim exemption from jury during their = terms of=20 service.=20

Disqualifications for Service as Election Officer
Section 12. =

No=20 person shall be qualified to serve as an election officer who shall = hold, or=20 shall within two months have held any office, appointment or employment = in or=20 under the government of the United States, or of this State, or of any = city, or=20 county, or of any municipal board, commission or trust in any city, save = only=20 notaries public and persons in the National Guard or in a reserve = component of=20 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=20 serve, save only to such subordinate municipal or local offices, below = the grade=20 of city or county offices, as shall be designated by general law.=20

Contested Elections
Section 13.

The trial and determination = of=20 contested elections of electors of President and Vice-President, members = of the=20 General Assembly, and of all public officers, whether State, judicial, = municipal=20 or local, and contests involving questions submitted to the electors at = any=20 election shall be by the courts of law, or by one or more of the law = judges=20 thereof. The General Assembly shall, by general law, designate the = courts and=20 judges by whom the several classes of election contests shall be tried = and=20 regulate the manner of trial and all matters incident thereto; but no = such law=20 assigning jurisdiction, or regulating its exercise, shall apply to any = contest=20 arising out of an election held before its passage.=20

Absentee Voting
Section 14.

The Legislature shall, by = general law,=20 provide a manner in which, and the time and place at which, qualified = electors=20 who may, on the occurrence of any election, be absent from the State or = county=20 of their residence, because their duties, occupation or business require = them to=20 be elsewhere or who, on the occurrence of any election, are unable to = attend at=20 their proper polling places because of illness or physical disability or = who=20 will not attend a polling place because of the observance of a religious = holiday=20 or who cannot vote because of election day duties, in the case of a = county=20 employee, may vote, and for the return and canvass of their votes in the = election district in which they respectively reside.=20

Article VIII
TAXATION AND FINANCE

Uniformity of Taxation
Section 1.

All taxes shall be = uniform, upon=20 the same class of subjects, within the territorial limits of the = authority=20 levying the tax, and shall be levied and collected under general laws.=20

Exemptions and Special Provisions
Section 2.

(a) The General Assembly may by law exempt from taxation:=20

(i) Actual places of regularly states religious worship:=20

(ii) Actual places of burial, when used or held by a person or = organization=20 deriving no private or corporate profit therefrom and no substantial = part of=20 whose activity consists of selling personal property in connection = therewith;=20

(iii) That portion of public property which is actually and regularly = used=20 for public purposes;=20

(iv) That portion of the property owned and occupied by any branch, = post or=20 camp of honorably discharged servicemen or servicewomen which is = actually and=20 regularly used for benevolent, charitable or patriotic purposes; and=20

(v) Institutions of purely public charity, but in the case of any = real=20 property tax exemptions only that portion of real property of such = institution=20 which is actually and regularly used for the purposes of the = institution.=20

(b) The General Assembly may, by law:=20

(i) Establish standards and qualifications for private forest = reserves,=20 agriculture reserves, and land actively devoted to agriculture use, and = make=20 special provision for the taxation thereof;=20

(ii) Establish as a class or classes of subjects of taxation the = property or=20 privileges of persons who, because of age, disability, infirmity or = poverty are=20 determined to be in need of tax exemption or of special tax provisions, = and for=20 any such class or classes and standards and qualifications,and except as = herein=20 provided may impose taxes, grant exemptions, or make special tax = provisions in=20 accordance therewith. No exemption or special provision shall be made = under this=20 clause with respect to taxes upon the sale or use of personal property, = and no=20 exemption from any tax upon real property shall be granted by the = General=20 Assembly under this clause unless the General Assembly shall provide for = the=20 reimbursement of local taxing authorities by or through the Commonwealth = for=20 revenue losses occasioned by such exemption;=20

(iii) Establish standards and qualifications by which local taxing=20 authorities may make uniform special tax provisions applicable to a = taxpayer for=20 a limited period of time to encourage improvement of deteriorating = property or=20 areas by an individual, association or corporation, or to encourage = industrial=20 development by a non- profit corporation; and=20

(iv) Make special tax provisions on any increase in value of real = estate=20 resulting from residential construction. Such special tax provisions = shall be=20 applicable for a period not to exceed two years.=20

(v) Establish standards and qualifications by which local taxing = authorities=20 in counties of the first and second class make uniform special real = property tax=20 provisions applicable to taxpayers who are long-time owner-occupants as = shall be=20 defined by the General Assembly of residences in areas where real = property=20 values have risen markedly as a consequence of the refurbishing or = renovating of=20 other deteriorating residences or the construction of new residences.=20

(c) Citizens and residents of this Commonwealth, who served in any = war or=20 armed conflict in which the United States was engaged and were honorably = discharged or released under honorable circumstances from active = service, shall=20 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=20 Commonwealth of Pennsylvania or any of its political subdivisions if, as = a=20 result of military service, they are blind, paraplegic or double or = quadruple=20 amputees or have a service-connected disability declared by the United = States=20 Veterans' Administration or its successor to be a total or 100% = permanent=20 disability, and if the State Veterans' Commission determines that such = persons=20 are in need of the tax exemptions granted herein. This exemption shall = be=20 extended to the unmarried surviving spouse upon the death of an eligible = veteran=20 provided that the State Veterans' Commission determines that such person = is in=20 need of the exemption.=20

Reciprocal Exemptions
Section 3.

Taxation laws may grant = exemptions=20 or rebates to residents, or estates of residents, of other States which = grant=20 similar exemptions or rebates to residents, or estates of residents, of=20 Philadelphia.=20

Public Utilities
Section 4.

The real property of public = utilities is=20 subject to real estate taxes imposed by local taxing authorities. = Payment to the=20 Commonwealth of gross receipts taxes or other special taxes in = replacement of=20 gross receipts taxes by a public utility and the distribution by the=20 Commonwealth to the local taxing authorities of the amount as herein = provided=20 shall, however, be in lieu of local taxes upon its real property which = is used=20 or useful in furnishing its public utility service. The amount raised = annually=20 by such gross receipts or other special taxes shall not be less than the = gross=20 amount of real estate taxes which the local taxing authorities could = have=20 imposed upon such real property but for the exemption herein provided. = This=20 gross amount shall be determined in the manner provided by law. An = amount=20 equivalent to such real estate taxes shall be distributed annually among = all=20 local taxing authorities in the proportion which the total tax receipts = of each=20 local taxing authority bear to the total tax receipts of all local = taxing=20 authorities, or in such other equitable proportions as may be provided = by law.=20 Notwithstanding the provisions of this section, any law which presently = subjects=20 real property of public utilities to local real estate taxation by local = taxing=20 authorities shall remain in full force and effect.=20

Exemption from Taxation Restricted
Section 5.

All laws = exempting=20 property from taxation, other than the property above enumerated, shall = be void.=20

Taxation of Corporations
Section 6.

The power to tax = corporations=20 and corporate property shall not be surrendered or suspended by any = contract or=20 grant to which the Commonwealth shall be a party.=20

Commonwealth Indebtedness
Section 7.

(a) No debt shall be incurred by or on behalf of the Commonwealth = except by=20 law and in accordance with the provisions of this section.=20

(1) Debt may be incurred without limit to suppress insurrection, = rehabilitate=20 areas affected by man-made or natural disaster, or to implement unissued = authority approved by the electors prior to the adoption of this = article.=20

(2) The Governor, State Treasurer and Auditor General, acting = jointly, may=20

(i) issue tax anticipation notes having a maturity within the fiscal = year of=20 issue and payable exclusively from revenues received in the same fiscal = year,=20 and (ii) incur debt for the purpose of refunding other debt, if such = refunding=20 debt matures within the term of the original debt.=20

(3) Debt may be incurred without limit for purposes specifically = itemized in=20 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=20 voting on the question.=20

(4) Debt may be incurred without the approval of the electors for = capital=20 projects specifically itemized in a capital budget, if such debt will = not cause=20 the amount of all net debt outstanding to exceed one and three-quarters = times=20 the average of the annual tax revenues deposited in the previous five = fiscal=20 years as certified by the Auditor General. For the purposes of this = subsection,=20 debt outstanding shall not include debt incurred under clauses (1) and = (2) (i),=20 or debt incurred under clause (2) (ii) if the original debt would not be = so=20 considered, or debt incurred under subsection (3) unless the General = Assembly=20 shall so provide in the law authorizing such debt.=20

(b) All debt incurred for capital projects shall mature within a = period not=20 to exceed the estimated useful life of the projects as stated in the = authorizing=20 law, and when so stated shall be conclusive. All debt, except = indebtedness=20 permitted by clause (2) (i), shall be amortized in substantial and = regular=20 amounts, the first of which shall be due prior to the expiration of a = period=20 equal to one-tenth the term of the debt.=20

(c) As used in this section, debt shall mean the issued and = outstanding=20 obligations of the Commonwealth and shall include obligations of its = agencies or=20 authorities to the extent they are to be repaid from lease rentals or = other=20 charges payable directly or indirectly from revenues of the = Commonwealth. debts=20 shall not include either (1) that portion of obligations to be repaid = from=20 charges made to the public for the use of the capital projects financed, = as=20 determined by the Auditor General, or (2) obligations to be repaid from = lease=20 rentals or other charges payable by a school district or other local = taxing=20 authority, (3) obligations to be repaid by agencies or authorities = created for=20 the joint benefit of the Commonwealth and one or more other State = governments.=20

(d) If sufficient funds are not appropriated for the timely payment = of the=20 interest upon and installments of principal of all debt, the State = Treasurer=20 shall set apart from the first revenues thereafter received applicable = to the=20 appropriate fund a sum sufficient to pay such interest and installments = of=20 principal, and shall so apply the money so set apart. The State = Treasurer may be=20 required to set aside and apply such revenues at the suit of any holder = of=20 Commonwealth obligations.=20

Commonwealth Credit Not to Be Pledged
Section 8.

The credit = of the=20 Commonwealth shall not be pledged or loaned to any individual, company,=20 corporation or association nor shall the Commonwealth become a joint = owner or=20 stockholder in any company, corporation or association.=20

Municipal Debt Not to be Assumed by Commonwealth
Section = 9.

The=20 Commonwealth shall not assume the debt,or any part thereof, of any = county,=20 city,borough, incorporated town, township or any similar general purpose = unit of=20 government unless such debt shall have been incurred to enable the = Commonwealth=20 to suppress insurrection or to assist the Commonwealth in the discharge = of any=20 portion of its present indebtedness.=20

Audit
Section 10.

The financial affairs of any entity = funded or=20 financially aided by the Commonwealth, and all departments, boards, = commissions,=20 agencies, instrumentalities, authorities and institutions of the = Commonwealth,=20 shall be subject to audits made in accordance with generally accepted = auditing=20 standards. Any Commonwealth officer whose approval is necessary for any=20 transaction relative to the financial affairs of the Commonwealth shall = not be=20 charged with the function of auditing that transaction after its = occurrence.=20

Gasoline Taxes and Motor License Fees Restricted
Section 11. =

(a) All proceeds from gasoline and other motor fuel excise taxes, = motor=20 vehicle registration fees and license taxes, operators' license fees and = other=20 excise taxes imposed on products used in motor transportation after = providing=20 therefrom for (a) cost of administration and collection, (b) payment of=20 obligations incurred in the construction and reconstruction of public = highways=20 and bridges shall be appropriated by the General Assembly to agencies of = the=20 State or political subdivisions thereof; and used solely for = construction,=20 reconstruction, maintenance and repair of and safety on public highways = and=20 bridges and costs and expenses incident thereto, and for the payment of=20 obligations incurred for such purposes, and shall not be diverted by = transfer or=20 otherwise to any other purpose, except that loans may be made by the = State from=20 the proceeds of such taxes and fees for a single period not exceeding = eight=20 months, but no such loan shall be made within the period of one year = from any=20 preceding loan, and every loan made in any fiscal year shall be = repayable within=20 one month after the beginning of the next fiscal year.=20

(b) All proceeds from aviation fuel excise taxes, after providing = therefrom=20 for the cost of administration and collection, shall be appropriated by = the=20 General Assembly to agencies of the State or political subdivisions = thereof and=20 used solely for: the purchase, construction, reconstruction, operation = and=20 maintenance of airports and other air navigation facilities; aircraft = accident=20 investigation; the operation, maintenance and other costs of aircraft = owned or=20 leased by the Commonwealth; any other purpose reasonable related to air=20 navigation including but not limited to the reimbursement of airport = property=20 owners for property tax expenditures; and costs and expenses incident = thereto=20 and for the payment of obligations incurred for such purposes, and shall = not be=20 diverted by transfer or otherwise to any other purpose.=20

Governor's Budgets and Financial Plan
Section 12.

Annually, = at the=20 times set by law, the Governor shall submit to the General Assembly:=20

(a) A balanced operating budget for the ensuing fiscal year setting = forth in=20 detail (i) proposed expenditures classified by department or agency and = by=20 program and (ii) estimated revenues from all sources. If estimated = revenues and=20 available surplus are less than proposed expenditures, the Governor = shall=20 recommend specific additional sources of revenue sufficient to pay the=20 deficiency and the estimated revenue to be derived from each source;=20

(b) A capital budget for the ensuing fiscal year setting forth in = detail=20 proposed expenditures to be financed from the proceeds of obligations of = the=20 Commonwealth or of its agencies or authorities or from operating funds; = and=20

(c) A financial plan for not less than the next succeeding five = fiscal years,=20 which plan shall include for each such fiscal year:=20

(i) Projected operating expenditures classified by department or = agency and=20 by program, in reasonable detail, and estimated revenues, by major = categories,=20 from existing and additional sources, and=20

(ii) Projected expenditures for capital projects specifically = itemized by=20 purpose, and the proposed sources of financing each.=20

Appropriations
Section 13.

(a) Operating budget appropriations made by the General Assembly = shall not=20 exceed the actual and estimated revenues and surplus available in the = same=20 fiscal year.=20

(b) The General Assembly shall adopt a capital budget for the ensuing = fiscal=20 year.=20

Surplus
Section 14.

All surplus of operating funds at the = end of=20 the fiscal year shall be appropriated during the ensuing fiscal year by = the=20 General Assembly.=20

Project "70"
Section 15.

In addition to the purposes stated = in=20 Article VIII, section seven of this Constitution, the Commonwealth may = be=20 authorized by law to create debt and to issue bonds to the amount of = $70,000,000=20 for the acquisition of land for State parks, reservoirs and other = conservation=20 and recreation and historical preservation purposes, and for = participation by=20 the Commonwealth with political subdivisions in the acquisition of land = for=20 parks, reservoirs and other conservation and recreation and historical=20 preservation purposes, subject to such conditions and limitations as the = General=20 Assembly may prescribe.=20

Land and Water Conservation and Reclamation Fund
Section 16. =

In=20 addition to the purposed stated in Article VIII, section seven of this=20 Constitution, the Commonwealth may be authorized by law to create a debt = and=20 issue bonds in the amount of $500,000,000 for a Land and Water = Conservation and=20 reclamation Fund to be used for the conservation and reclamation of land = and=20 water resources of the Commonwealth, including the elimination of acid = mine=20 drainage, sewage, and other pollution from the streams of the = Commonwealth, the=20 provision of State financial assistance to political subdivisions and = municipal=20 authorities of the Commonwealth of Pennsylvania for the construction of = sewage=20 treatment plants,t he restoration of abandoned strip-mined areas, the = control=20 and extinguishment of surface and underground mine fires, the = alleviation and=20 prevention of subsidence resulting from mining operations, and the = acquisition=20 of additional lands and the reclamation and development of part and = recreational=20 lands acquired pursuant to the authority of Article VII, section 15 of = this=20 Constitution, subject to such conditions and liabilities as the General = Assembly=20 may prescribe.=20

Special Emergency Legislation
Section 17.

(a) Notwithstanding any provisions of this Constitution to the = contrary, the=20 General Assembly shall have the authority to enact laws providing for = tax=20 rebates, credits exemptions, grants-in-aid, State supplementations, or = otherwise=20 provide special provisions for individuals, corporations, associations = or=20 nonprofit institutions, including nonpublic schools (whether sectarian = or=20 nonsectarian) in order to alleviate the danger, damage, suffering or = hardship=20 faced by such individuals, corporations, associations, institutions or = nonpublic=20 schools as a result of Great Storms or Floods of September 1971, of June = 1972,=20 or of 1974, or of 1975 or of 1976.=20

(b) Notwithstanding the provisions of Article III, section 29 = subsequent to a=20 Presidential declaration of an emergency or of a major disaster in any = part of=20 this Commonwealth, the General Assembly shall have the authority by a = vote of=20 two-thirds of all members elected to each House to make appropriations = limited=20 to moneys required for Federal emergency or major disaster relief. This=20 subsection may apply retroactively to any Presidential declaration of an = emergency or of a major disaster in 1976 or 1977.=20

Article IX
LOCAL GOVERNMENT

Local Government
Section 1.

The General Assembly shall = provide by=20 general law for local government within the Commonwealth. Such general = law shall=20 be uniform as to all classes of local government regarding procedural = matters.=20

Home Rule
Section 2.

Municipalities shall have the right and = power=20 to frame and adopt home rule charters. Adoption, amendment or repeal of = a home=20 rule charter shall be by referendum. The General Assembly shall provide = the=20 procedure by which a home rule charter may be framed and its adoption, = amendment=20 or repeal presented to these electors. If the General Assembly does not = so=20 provide, a home rule charter or a procedure for framing and presenting a = home=20 rule charter may presented to the electors by initiative or by the = governing=20 body of the municipality. A municipality which has a home rule charter = may=20 exercise any power or perform any function not denied by this = Constitution, by=20 its home rule charter or by the General Assembly at any time.=20

Optional Plans
Section 3.

Municipalities shall have the = right and=20 power to adopt optional forms of government as provided by law. The = General=20 Assembly shall provide optional forms of government for all = municipalities. An=20 optional form of government shall be presented to the electors by = initiative, by=20 the governing body of the municipality, or by the General Assembly. = Adoption or=20 repeal of an optional form of government shall be by referendum.=20

County Government
Section 4.

County officers shall consist = of=20 commissioners, controllers, or auditors, district attorneys, public = defenders,=20 treasurers, sheriffs, registers of wills, recorders of deeds, = prothonotaries,=20 clerks of the courts, and such others as may from time to time be = provided by=20 law. County officers, except for public defenders who shall be appointed = as=20 shall be provided by law, shall be elected at the municipal elections = and shall=20 hold their offices for the term of four years, beginning on the first = Monday of=20 January next after their election, and until their successors shall be = duly=20 qualified; all vacancies shall be filled in such a manner as may be = provided by=20 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=20 incidental to the conduct of any county office shall be payable directly = to the=20 county or the Commonwealth, or as otherwise provided by law. Three = county=20 commissioners shall be elected in each county. In the election of these = officers=20 each qualified elector shall vote for no more than two persons, and the = three=20 persons receiving the highest number of votes shall be elected. = Provisions for=20 county government in this section shall apply to every county except a = county=20 which has adopted a home rule charter or an optional form of government. = One of=20 the optional forms of county government provided by law shall include = the=20 provisions of this section.=20

Intergovernmental Cooperation
Section 5.

A municipality by = act of=20 its governing body may, or upon being required by initiative and = referendum in=20 the area affected shall, cooperate or agree in the exercise of any = function,=20 power or responsibility with, or delegate or transfer any function, = power or=20 responsibility to, one or more other governmental unit including other=20 municipalities or districts, the Federal government, any other state or = its=20 governmental units, or any newly created governmental unit.=20

Area Government
Section 6.

The General Assembly shall = provide for=20 the establishment and dissolution of government of areas involving two = or more=20 municipalities or parts thereof.=20

Area-wide Powers
Section 7.

The General Assembly may grant = powers to=20 area governments or to municipalities within a given geographical area = in which=20 there exists intergovernmental cooperation or area government and = designate the=20 classes of municipalities subject to such legislation.=20

Consolidation, Merger or Boundary Change
Section 8.

Uniform=20 Legislation. -- The General Assembly shall, within two years following = the=20 adoption of this article, enact uniform legislation establishing the = procedure=20 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=20 majority vote of those voting thereon in each municipality, without the = approval=20 of any governing body. Study. -- The General Assembly shall designate an = agency=20 of the Commonwealth to study consolidation, merger and boundary changes, = advise=20 municipalities on all problems which might be connected therewith, and = initiate=20 local referendum. Legislative Power. -- Nothing herein shall prohibit or = prevent=20 the General Assembly from providing additional methods for = consolidation, merger=20 or change of boundaries.=20

Appropriation for Public Purposes
Section 9.

The General = Assembly=20 shall not authorize any municipality or incorporated district to become = a=20 stockholder in any company, association or corporation, or to obtain or=20 appropriate money for, or to loan its credit to, any corporation, = association,=20 institution or individual. The General Assembly may provide standards by = which=20 municipalities or school districts may give financial assistance or = lease=20 property to public service, industrial or commercial enterprises if it = shall=20 find that such assistance or leasing is necessary to the health, safety = or=20 welfare of the Commonwealth or any municipality or school district. = Existing=20 authority of any municipality or incorporated district to obtain or = appropriate=20 money for, or to loan its credit to, any corporation, association, = institution=20 or individual, is preserved.=20

Local Government Debt
Section 10.

Subject only to the = restrictions=20 imposed by this section, the General Assembly shall prescribe the debt = limits of=20 all units of local government including municipalities and school = districts. For=20 such purposes, the debt limit base shall be a percentage of the total = revenue,=20 as defined by the General Assembly, of the unit of local government = computed=20 over a specific period immediately preceding the year of borrowing. The = debt=20 limit to be prescribed in every such case shall exclude all indebtedness = (1) for=20 any project to the extent that it is self-liquidating or self-supporting = or=20 which has heretofore been defined as self- liquidating or = self-supporting, or=20 (2) which has been approved by referendum held in such manner sa shall = be=20 provided by law. The provisions of this paragraph shall not apply to the = City or=20 County of Philadelphia. Any unit of local government, including = municipalities=20 and school districts, incurring any indebtedness, shall at or before the = time of=20 so doing adopt a covenant, which shall be binding upon it so long as any = such=20 indebtedness shall remain unpaid, to make payments out of its sinking = fund or=20 any other of its revenues or funds at such time and in such annual = amounts=20 specified in such covenant as shall be sufficient for the payment of the = interest thereon and the principal thereof when due.=20

Local Reapportionment
Section 11.

Within the year following = that in=20 which the Federal decennial census is officially reported as required by = Federal=20 law, and at such other times as the governing body of any municipality = shall=20 deem necessary, each municipality having a governing body not entirely = elected=20 at large shall be reapportioned, by its governing body or as shall = otherwise be=20 provided by uniform law, into districts which shall be composed of = compact and=20 contiguous territory as nearly equal in population as practicable, for = the=20 purpose of describing the districts for those not elected at large.=20

Philadelphia Debt
Section 12.

The debt of the City of = Philadelphia=20 may be increased in such amount that the total debt of said city shall = not=20 exceed thirteen and one-half percent of the average of the annual = assessed=20 valuations of the taxable realty therein, during the ten years = immediately=20 preceding the year in which such increase is made, but said city shall = not=20 increase its indebtedness to an amount exceeding three percent upon such = average=20 assessed valuation of realty, without the consent of the electors = thereof at a=20 public election held in such manner as shall be provided by law. In = ascertaining=20 the debt-incurring capacity of the City of Philadelphia at any time, = there shall=20 be deducted from the debt of said city so much of such debt as shall = have been=20 incurred, or is about to be incurred, and the proceeds thereof expended, = or=20 about to be expended, upon any public improvement, or in construction, = purchase=20 or condemnation of any public utility, or part thereof, or facility = therefor, if=20 such public improvement or public utility, or part thereof, or facility=20 therefor, may reasonable be expected to yield revenue in excess of = operating=20 expenses sufficient to pay the interest and sinking fund charges = thereon. The=20 method of determining such amount, so to be deducted, shall be as now=20 prescribed, or which may hereafter be prescribed by law. In incurring=20 indebtedness for any purpose the City of Philadelphia may issue its = obligations=20 maturing not later than fifty years from the date thereof, with = provision for a=20 sinking fund to be in equal or graded annual or other periodical = installments.=20 Where any indebtedness shall be or shall have been incurred by said City = of=20 Philadelphia for the purpose of the construction or improvement of = public works=20 or utilities of any character, from which income or revenue is to be = derived by=20 said city, or for the reclamation of land to be used in the construction = of=20 wharves or docks owned or to be owned by said city, such obligations may = be in=20 an amount sufficient to provide for, and may include the amount of the = interest=20 and sinking fund charges accruing and which may accrue thereon = throughout the=20 period of construction, and until the expiration of one year after the=20 completion of the work for which said indebtedness shall have been = incurred. No=20 debt shall be incurred by, or on behalf of, the County of Philadelphia.=20

Abolition of County Offices in Philadelphia
Section 13.

(a) In Philadelphia all county offices are hereby abolished, and the = city=20 shall henceforth perform all functions of county government within its = area=20 through officers selected in such manner as may be provided by law.=20

(b) Local and special laws, regulating the affairs of the City of=20 Philadelphia and creating offices or prescribing the powers and duties = of=20 officers of the City of Philadelphia, shall be valid notwithstanding the = provisions of section thirty-two of Article III of this Constitution.=20

(d) The City of Philadelphia shall have, assume and take over all = powers,=20 property, obligations and indebtedness of the County of Philadelphia.=20

(e) The provisions of section two of this article shall apply with = full force=20 and effect to the functions of the county government hereafter to be = performed=20 by the city government.=20

(f) Upon adoption of this amendment all county officers shall become = officers=20 of the City of Philadelphia, and until the General Assembly shall = otherwise=20 provide, shall continue to perform their duties and be elected, = appointed,=20 compensated and organized in such manner as may be provided by the = provisions of=20 this Constitution and the laws of the Commonwealth in effect at the time = this=20 amendment becomes effective, but such officers serving when this = amendment=20 becomes effective shall be permitted to complete their terms.=20

Definitions
Section 14.

As used in this article, the = following=20 words shall have the following meanings:
"Municipality" means a = county,=20 city, borough, incorporated town, township or any similar general = purpose unit=20 of government which shall hereafter be created by the General Assembly.=20
"Initiative" means the filing with the applicable election officials = at=20 least ninety days prior to the next primary or general election of a = petition=20 containing a proposal for referendum signed by electors comprising five = percent=20 of the number of electors voting for the office of Governor in the last=20 gubernatorial general election in each municipality or area affected. = The=20 applicable election official shall place the proposal on the ballot in a = manner=20 fairly representing the content of the petition for decision by = referendum at=20 said election. Initiative on a similar question shall not be submitted = more than=20 once in five years. No enabling law shall be required for initiative.=20
"Referendum" means approval of a question placed on the ballot, by=20 initiative or otherwise, by a majority vote of the electors voting = thereon.=20

Article X
PRIVATE CORPORATIONS

Certain Unused Charters Void
Section 1.

The charters and = privileges=20 granted prior to 1874 to private corporations which had not been = organized in=20 good faith and commenced business prior to 1874 shall be void.=20

Certain Charters to Be Subject to the Constitution
Section=20 2.

Private corporations which have accepted or accept the = Constitution of=20 this Commonwealth or the benefits of any law passed by the General = Assembly=20 after 1873 governing the affairs of corporations shall hold their = charters=20 subject to the provisions of the Constitution of this Commonwealth.=20

Revocation, Amendment and Repeal of Charters and Corporation Laws=20
Section 3.

All charters of private corporations and all present = and=20 future common or statutory law with respect to the formation or = regulation of=20 private corporations or prescribing powers, rights, duties or = liabilities of=20 private corporations or their officers, directors or shareholders may be = revoked, amended or repealed.=20

Compensation for Property Taken by Corporations Under Right of = Eminent=20 Domain
Section 4.

Municipal and other corporations invested with = the=20 privilege of taking private property for public use shall make just = compensation=20 for property taken, injured or destroyed by the construction or = enlargement of=20 their works, highways or improvements and compensation shall be paid or = secured=20 before the taking, injury or destruction.=20

Article XI
AMENDMENTS

Proposal of Amendments by the General Assembly and Their Adoption=20
Section 1.

Amendments to this Constitution may be proposed in = the Senate=20 or House of Representatives; and if the same shall be agreed to by a = majority of=20 the members elected to each House, such proposed amendment or amendments = shall=20 be entered on their journals with the yeas and nays taken thereon, and = the=20 Secretary of the Commonwealth shall causes the same to be published = three months=20 before the next general election, in at least two newspapers in every = county in=20 which such newspapers shall be published; and if, in the General = Assembly next=20 afterwards chosen, such proposed amendment or amendments shall be agreed = to by a=20 majority of the members elected to each House, the Secretary of the = Commonwealth=20 shall cause the same again to be published in the manner aforesaid; and = such=20 proposed amendment or amendments shall be submitted to the qualified = electors of=20 the State in such manner, and at such time at least three months after = being so=20 agreed to by the two Houses, as the General Assembly shall prescribe; = and, if=20 such amendment or amendments shall be approved by a majority of those = voting=20 thereon, such amendment or amendments shall become a part of the = Constitution;=20 but no amendment or amendments shall be submitted oftener than once in = five=20 years. When two or more amendments shall be submitted they shall be = voted upon=20 separately.=20

(a) In the event a major emergency threatens or is about to threaten = the=20 Commonwealth and if the safety or welfare of the Commonwealth required = prompt=20 amendment of this Constitution, such amendments to this Constitution may = be=20 proposed in the Senate or House of Representatives at any regular or = special=20 session of the General Assembly, and if agreed to by at least two-thirds = of the=20 members elected to each House, a proposed amendment shall be entered on = the=20 journal of each House with the yeas and nays taken thereon and the = official in=20 charge of statewide elections shall promptly publish such proposed = amendment in=20 at least two newspapers in every county in which such newspapers are = published.=20 Such amendment shall then be submitted to the qualified electors of the=20 Commonwealth in such manner, and at such time, at least one month after = being=20 agreed to by both Houses as the General assembly prescribes.=20

(b) If an emergency amendment is approved by a majority of the = qualified=20 electors voting thereon, it shall become part of this constitution. When = two or=20 more emergency amendments are submitted they shall be voted on = separately.=20

SCHEDULES TO
CONSTITUTION OF PENNSYLVANIA

Schedule
1. = Adopted=20 with the Constitution
2. Amendments of November 2, 1909=20

SCHEDULE NO. 1
(ADOPTED WITH THE CONSTITUTION)

That no=20 inconvenience may arise from the changes in the Constitution of the=20 Commonwealth, and in order to carry the same into complete operation, it = is=20 hereby declared, that:=20

When to Take Effect
Section 1.

This Constitution shall take = effect=20 on the first day of January, in the year one thousand eight hundred and = seventy-=20 four, for all purposes not otherwise provided for therein.=20

Former Laws Remain in Force
Section 2.

All laws in force in = this=20 Commonwealth at the time of the adoption of this Constitution not = inconsistent=20 therewith, and all rights, actions, prosecutions and contracts shall = continue as=20 if this Constitution had not been adopted.=20

Election of Senators
Section 3.

At the General election in = the years=20 one thousand eight hundred and seventy-four and one thousand eight = hundred and=20 seventy-five, Senators shall be elected in all districts where there = shall be=20 vacancies. Those elected in the year one thousand eight hundred and = seventy-four=20 shall serve for two years, and those elected in the year one thousand = eight=20 hundred and seventy-five shall serve for one year. Senators now elected = and=20 those whose terms are unexpired shall represent the districts in which = they=20 reside until the end of the terms for which they were elected.=20

Election of Senators (continued)
Section 4.

At the general = election=20 in the year one thousand eight hundred and seventy-six, Senators shall = be=20 elected from even- numbered districts to serve for two years, and from=20 odd-numbered districts to serve for four years.=20

Election of Governor
Section 5.

The first election of = Governor under=20 this Constitution shall be at the general election in the year one = thousand=20 eight hundred and seventy-five, when a Governor shall be elected for = three=20 years; and the term of the Governor elected in the year one thousand = eight=20 hundred and seventy-eight and of those thereafter elected shall be for = four=20 years, according to the provisions of this constitution.=20

Election of Lieutenant Governor
Section 6.

At the general = election=20 in the year one thousand eight hundred and seventy-four, a Lieutenant = Governor=20 shall be elected according to the provisions of this Constitution.=20

Secretary of Internal Affairs
Section 7.

The Secretary of = Internal=20 Affairs shall be elected at the first general election after the = adoption of=20 this Constitution; and, when the said officer shall be duly elected and=20 qualified, the office of Surveyor General shall be abolished. The = Surveyor=20 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.=20

Superintendent of Public Instruction
Section 8.

When the=20 Superintendent of Public Instruction shall be duly qualified the office = of=20 Superintendent of Common Schools shall cease.=20

Eligibility of Present Officers
Section 9.

Nothing contained = in this=20 Constitution shall be construed to render any person now holding any = State=20 office for a first official term ineligible for re-election at the end = of such=20 term.=20

Judges of Supreme Court
Section 10.

The judges of the = Supreme Court=20 in office when this Constitution shall take effect shall continue until = their=20 commissions severally expire. Two judges in addition to the number now = composing=20 the said court shall be elected at the first general election after the = adoption=20 of this Constitution.=20

Courts of Record
Section 11.

All courts of record and all = existing=20 courts which are not specified in this Constitution shall continue in = existence=20 until the first day of December, in the year one thousand eight hundred = and=20 seventy-five, without abridgement of their present jurisdiction, but no = longer.=20 The court of the first criminal jurisdiction for the counties of = Schuylkill,=20 Lebanon and Dauphin is hereby abolished, and all causes and proceedings = pending=20 therein in the county of Schuylkill shall be tried and disposed of in = the courts=20 of oyer and terminer and quarter sessions of the peace of said county.=20

Register's Courts Abolished
Section 12.

The register's = courts now=20 in existence shall be abolished on the first day of January next = succeeding the=20 adoption of this Constitution.=20

Judicial Districts
Section 13.

The General Assembly shall, = at the=20 next session after the adoption of this Constitution, designate the = several=20 judicial districts as required by this Constitution. The judges in = commission=20 when such designation shall be made shall continue during their = unexpired terms=20 judges of the new districts in which they reside; but, when there shall = be two=20 judges residing in the same district, the president judge shall elect to = which=20 district he shall be assigned, and the additional law judge shall be = assigned to=20 the other district.=20

Decennial Adjustment of Judicial Districts
Section 14.

The = General=20 Assembly shall, at the next succeeding session after each decennial = census and=20 not oftener, designate the several judicial districts as required by = this=20 Constitution.=20

Judges in Commission
Section 15.

Judges learned in the law = of any=20 court of record holding commissions in force at the adoption of this=20 Constitution shall hold their respective offices until the expiration of = the=20 terms for which they were commissioned, and until their successors shall = be duly=20 qualified. The Governor shall commission the president judge of the = court of=20 first criminal jurisdiction for the counties of Schuylkill, Lebanon and = Dauphin=20 as a judge of the court of common pleas of Schuylkill county, for the = unexpired=20 term of his office.=20

President Judges; Casting Lots; Associate Judges
Section 16. =

After=20 the expiration of the term of any president judge of any court of common = pleas,=20 in commission at the adoption of this Constitution, the judge of such = court=20 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=20 when the president judge of a court shall be re-elected he shall = continue to be=20 president judge of that court. Associate judges not learned in the law, = elected=20 after the adoption of this Constitution, shall be commissioned to hold = their=20 offices for the term of five years from the first day of January next = after=20 their election.=20

Compensation of Judges
Section 17.

The General Assembly, at = the=20 first session after the adoption of this Constitution, shall fix and = determine=20 the compensation of the judges of the Supreme Court and of the judges of = the=20 several judicial districts of the Commonwealth; and the provisions of = the=20 fifteenth section of the article on Legislation shall not be deemed = inconsistent=20 herewith. Nothing contained in this Constitution shall be held to reduce = the=20 compensation now paid to any law judge of this Commonwealth now in = commission.=20

Courts of Philadelphia and Allegheny Counties; Organization in = Philadelphia=20
Section 18.

The courts of common pleas in the counties of = Philadelphia=20 and Allegheny shall be composed of the present judges of the district = court and=20 court of common pleas of said counties until their offices shall = severally end,=20 and of such other judges as may from time to time be selected. For the = purpose=20 of first organization in Philadelphia the judges of the court number one = shall=20 be Judges Allison, Pierce and Paxson; of the court number two, Judges = Hare,=20 Mitchell and one other judge to be elected; of the court number three, = Judges=20 Ludlow, Finletter and Lynd; and of the court number four, Judges Thayer, = Briggs=20 and one other judge to be elected. The judge first named shall be the = president=20 judge of said courts respectively, and thereafter the president judge = shall be=20 the judge oldest in commission; but any president judge, re-elected in = the same=20 court or district, shall continue to be president judge thereof. The = additional=20 judges for courts numbers two and four shall be voted for and elected at = the=20 first general election after the adoption of this Constitution, in the = same=20 manner as the two additional judges of the Supreme Court, and they shall = decide=20 by lot to which court they shall belong. Their term of office shall = commence on=20 the first Monday of January, in the year one thousand eight hundred and=20 seventy-five.=20

Organization of Courts in Allegheny County
Section 19.

In = the=20 county of allegheny, for the purpose of first organization under this=20 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=20 the judges of the district court, at the same date, shall be the judges = of the=20 common pleas number two. The president judges of the common pleas and = district=20 court shall be president judge of said courts number one and two, = respectively,=20 until their offices shall end; and thereafter the judge oldest in = commission=20 shall be president judge; but any president judge re-elected in the same = court,=20 or district, shall continue to be president judge thereof.=20

When Re-Organization of Courts to Take Effect
Section 20. =

The=20 organization of the courts of common pleas under this Constitution for = the=20 counties of Philadelphia and Allegheny shall take effect on the first = Monday of=20 January, one thousand eight hundred and seventy-five, and existing = courts in=20 said counties shall continue with their present power and jurisdiction = until=20 that date, but no new suits shall be instituted in the courts of nisi = prius=20 after the adoption of this Constitution.=20

Causes Pending in Philadelphia; Transfer of Records
Section 21. =

The=20 causes and proceeding pending in the court of nisi prius, court of = common pleas,=20 and district court in Philadelphia shall be tried and disposed of in the = court=20 of common pleas. The records and dockets of said courts shall be = transferred to=20 the prothonotary's office of said county.=20

Causes Pending in Allegheny County
Section 22.

The causes = and=20 proceedings pending in the court of common pleas in the county of = Allegheny=20 shall be tried and disposed of in the court number one; and the causes = and=20 proceedings pending in the district court shall be tried and disposed of = in the=20 court number two.=20

Prothonotary of Philadelphia County
Section 23.

The = prothonotary of=20 the court of common pleas of Philadelphia shall be first appointed by = the judges=20 of said court on the first Monday of December, in the year one thousand = eight=20 hundred and seventy-five, and the present prothonotary of the district = court in=20 said county shall be the prothonotary of the said court of common pleas = until=20 said date when his commission shall expire, and the present clerk of the = court=20 of oyer and terminer and quarter sessions of the peace in Philadelphia = shall be=20 the clerk of such court until the expiration of his present commission = on the=20 first Monday of December, in the year one thousand eight hundred and=20 seventy-five.=20

Aldermen
Section 24.

In cities containing over fifty = thousand=20 inhabitants, except Philadelphia, all aldermen in office at the time of = adoption=20 of this Constitution shall continue in office until the expiration of = their=20 commissions, and at the election for city and ward officers in the year = one=20 thousand eight hundred and seventy-five one alderman shall be elected in = each=20 ward as provided in this Constitution.=20

Magistrates in Philadelphia
Section 25.

In Philadelphia = magistrates=20 in lieu of alderman shall be chosen, as required in this Constitution, = at the=20 election in said city for city ward officers in the year one thousand = eight=20 hundred and seventy-five; their term of office shall commence on the = first=20 Monday of April succeeding their election. The terms of office of = aldermen in=20 said city holding or entitled to commissions at the time of the adoption = of this=20 Constitution shall not be affected thereby.=20

Term of Present Officers
Section 26.

All persons in office = in this=20 Commonwealth at the time of the adoption of this Constitution, and at = the first=20 election under it, shall hold their respective offices until the term = for which=20 they have been elected or appointed shall expire, and until their = successors=20 shall be duly qualified, unless otherwise provided in this Constitution. =

Oath of Office
Section 27.

The seventh article of this = Constitution=20 prescribing an oath of office shall take effect on and after the first = day of=20 January, one thousand eight hundred and seventy-five.=20

County Commissioners and Auditors
Section 28.

The terms of = office=20 of county commissioners and county auditors, chosen prior to the year = one=20 thousand eight hundred and seventy-five, which shall not have expired = before the=20 first Monday of January in the year one thousand eight hundred and = seventy-six,=20 shall expire on that day.=20

Compensation of Present Officers
Section 29.

All State, = county,=20 city, ward, borough and township officers in office at the time of the = adoption=20 of this Constitution, whose compensation is not provided for by salaries = alone,=20 shall continue to receive the compensation allowed them by law until the = expiration of their respective terms of office.=20

Renewal of Oath of Office
Section 30.

All State and = judicial=20 officers heretofore elected, sworn, affirmed, or in office when this=20 Constitution shall take effect, shall severally, within one month after = such=20 adoption, take and subscribe an oath, or affirmation to support this=20 Constitution.=20

Enforcing Legislation
Section 31.

The General Assembly at = its first=20 session, or as soon as may be after the adoption of this Constitution, = shall=20 pass such laws as may be necessary to carry the same into full force and = effect.=20

An Ordinance Declared Valid
Section 32.

The ordinance = passed by=20 this Convention, entitled "An ordinance for submitting the amended = Constitution=20 of Pennsylvania to vote of the electors thereof," shall be held to be = valid for=20 all the purposes thereof.=20

City Commissioners of Philadelphia
Section 33.

The words = "county=20 commissioners," wherever used in this Constitution and in any ordinance=20 accompanying the same, shall be held to include the commissioners for = the city=20 of Philadelphia.=20

SCHEDULE NO. 2
(AMENDMENTS OF NOVEMBER 2, 1909)

Adoption. = The=20 provisions of Schedule No. 2 were adopted November 2, 1909, P.L. 948, = J.R.1.=20 Partial Repeal of Schedule. See section 2 of Proposal No. 7 of 1968 in = the=20 appendix to the Constitution for provisions relating to the partial = repeal of=20 Schedule No. 2.=20

Adjustments of Terms of Public Officers
Section 1.

That no=20 inconvenience may arise from the changes in the Constitution of the=20 Commonwealth, and in order to carry the same into complete operation, it = is=20 hereby declared that -
In the came of officers elected by the = people, all=20 terms of office fixed by act of Assembly at an odd number of years shall = each be=20 lengthened one year, but the Legislature may change the length of the = term,=20 provided the terms for which such officers are elected shall always be = for an=20 even number of years.
The above extension of official terms shall = not affect=20 officers elected at the general election of one thousand nine hundred = and eight;=20 nor any city, ward, borough, township, or election division officers, = whose=20 terms of office, under existing law, end in the year one thousand nine = hundred=20 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=20 officers chosen at that election to an office the regular term of which = is two=20 years, and also all election officers and assessors chosen at that = election,=20 shall serve until the first Monday of December in the year one thousand = nine=20 hundred and eleven. All officers chosen at that election to offices the = term of=20 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=20 the year one thousand nine hundred and thirteen. All justices of the = peace,=20 magistrates, and aldermen, chosen at that election, shall serve until = the first=20 Monday of December in the year one thousand nine hundred and fifteen. = After the=20 year nineteen hundred and ten, and until the Legislature shall otherwise = provide, all terms of city, ward, borough, township, and election = division=20 officers shall begin on the first Monday of December in an odd-numbered = year.=20
All city, ward, borough, and township officers holding office at the = date of=20 the approval of these amendments, whose terms of office may end in the = year one=20 thousand nine hundred and eleven, shall continue to hold their offices = until the=20 first Monday of December of that year.
All judges of the courts for = the=20 several judicial districts, and also all county officers, holding office = at the=20 date of the approval of these amendments, whose terms of office may end = in the=20 year one thousand nine hundred and eleven, shall continue to hold their = offices=20 until the first Monday of January, one thousand and hundred and twelve.=20

APPENDIX
Supplementary Provisions of Constitutional Amendments =
1967,=20 May 16, P.L. 1044, J.R.4

Schedule. Terms of State Treasurer and Auditor General

That no=20 inconvenience may arise from changes in Article IV of the Constitution = of this=20 Commonwealth, it is hereby declared that the State Treasurer and Auditor = General=20 first elected after this amended article becomes effective shall serve = terms=20 beginning the first Tuesday in May next following their election and = expiring=20 four years from the third Tuesday in January next ensuing their = election.=20

Explanatory Note. Joint Resolution No. 4 added section 18 and made = other=20 changes in Article IV.=20

1968, April 23, P.L. APP.3, PROP. NO.1

Schedule. Effective Date of Amendment

The foregoing amendment = to=20 Article II of the Constitution of Pennsylvania if approved by the = electorate=20 voting on April 23, 1968, shall become effective the year following that = in=20 which the next Federal decennial census is officially reported as = required by=20 Federal Law.=20

Explanatory Note. Proposal No. 1 amended and consolidated sections 16 = and 17=20 into section 16 of Article II.=20

1968, APRIL 23, P.L.APP.3, PROP. NO.2

Schedule. Effective Date of Amendment

Explanatory Note. Proposal No. 2 amended and renumbered section 18 to = section=20 17 of Article II.=20

1968, APRIL 23, P.L.APP.5, PROP. NO.3

Repeals
Section 4.

Effective when the last bonds have been = issued=20 under their authority, sections 24 and 25 of Article VII of the = Constitution of=20 Pennsylvania are hereby repealed.=20

References in Text. Sections 24 and 25 were renumbered section 15 and = 16,=20 respectively, of Article VII by Proposed No. 5 of 1968.=20

1968, APRIL 23, P.L.APP.7, PROP. NO.4

Effective Date of Amendments
Section 3.

The following = schedule is=20 adopted: Sections 10, 12, 13 and 14 of Article VII shall take effect as = soon as=20 possible, but no later than July 1, 1970.=20

1968, APRIL 23, P.L.APP.9, PROP. NO.5

Effective Date of Amendments
Section 4.

Sections 1 and 2 = shall take=20 effect as soon as possible, but no later than July 1, 1970. Section 4 = shall take=20 effect July 1, 1970, unless the General Assembly earlier provides = enabling=20 legislation in accordance therewith.=20

References in Text. Proposal No. 5 amended section 1, added sections = 2 and 4=20 and renumbered or amended other sections of Article VIII.=20

1968, APRIL 23, P.L.APP.11, PROP. NO.6

Effective Date and Interpretation of Amendments
Section = 3.

This new=20 article and the repeal of existing sections shall take effect on the = date of=20 approval by the electorate, except that the following sections shall = take effect=20 on the effective date of legislation adopted pursuant to the sections or = the=20 date indicated below, whichever shall first occur.
The first, third = and=20 fourth paragraphs of section 8 shall take effect two years after the = effective=20 date. The second sentence of section 1, the fourth sentence of section = 2, all of=20 section 3, the third paragraph of section 4, and the first paragraph of = section=20 10 shall take effect four years after the effective date. The second = sentence of=20 section 1 and the first paragraph of section 8 on Uniform Legislation = shall be=20 construed so as to be consistent with the jurisdiction of this = Convention.=20

Explanatory Note. Proposal No. 6 added present Article IX and = repealed=20 sections in Articles VII, XII, XIV, and XV.=20

1968, APRIL 23, P.L.APP.16, PROP. NO. 7

Repeals
Section 2.

Article V of the Constitution of = Pennsylvania is=20 repealed in its entirety, and those provisions of Schedules No. 1 and = No. 2 are=20 repealed to the extent they are inconsistent with this article and = attached=20 schedule.=20

Explanatory Note. Proposal No. 7 added present Article V.=20

1972, NOVEMBER 7, 1ST SP.SESS, P.L. 1970, J.R.1

Preamble
Section 1.

Millions of Pennsylvanians have suffered = greatly=20 from the ravages of the most disastrous flood in the history of the=20 Commonwealth. This flood has left devastation in its wake. Thousands of = people=20 have been left homeless and countless industrial and commercial = establishments=20 and public facilities have been damaged or destroyed.
It is = imperative that=20 the victims of this disaster immediately receive the fullest possible = aid from=20 both the public and private sectors in order to clean up and rebuild the = affected areas of the commonwealth.
In addition, many Pennsylvanians = suffer=20 greatly as a result of the Great Storm or Flood of September, 1971. =
The=20 General Assembly desired to alleviate such storm or economic deprivation = caused=20 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=20 Commonwealth requires prompt amendment to the Constitution of the = Commonwealth=20 of Pennsylvania.
The following amendment to the Constitution of the=20 Commonwealth of Pennsylvania is proposed in accordance with the = emergency=20 provisions contained in subsections (a) and (b) of section 1 of the = eleventh=20 article thereof:=20

That Article VIII of the Constitution of the Commonwealth of = Pennsylvania be=20 amended by adding a new section to read:=20

Explanatory Note: Joint Resolution No. 1 added section 17 of Article = VIII.=20

1975, NOVEMBER 4, P.L. 622, J.R.2

Preamble
Section 1.

Many Pennsylvanians have suffered = greatly from=20 the ravages of great storms or floods in the last few years. The great = storms or=20 floods of 1974 and 1975 are additional major disasters causing loss of = life and=20 great damage and destruction to property of individuals, industrial and=20 commercial establishments and public facilities.
It is imperative = that the=20 victims of these disasters immediately receive the fullest possible aid = from=20 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=20 eligible for the maximum available aid from the government of the United = States.=20
The General Assembly desires to alleviate such storm or economic = deprivation=20 caused by the floods but is limited in its efforts by rigid restrictions = in the=20 Constitution of the Commonwealth of Pennsylvania. The safety and welfare = of the=20 Commonwealth requires prompt amendment to the Constitution of the = Commonwealth=20 of Pennsylvania.
The following amendment to the Constitution of the=20 Commonwealth of Pennsylvania is proposed in accordance with the = emergency=20 provisions contained in subsections (a) and (b) of section 1 of the = eleventh=20 article thereof:=20

That section 17 of Article VIII of the Constitution of the = Commonwealth of=20 Pennsylvania to be amended to read:=20

1977, NOVEMBER 8, P.L.362, J.R.2

Preamble

Many Pennsylvanians have suffered greatly from the = ravages of=20 Great Storms and Floods in recent years. The Great Storms or Floods of = 1974,=20 1975, 1976, and 1977 were additional major disasters causing loss of = life and=20 great damage and destruction to property of individuals, industrial and=20 commercial establishments and public facilities.
It is imperative = that the=20 victims of these disasters receive the fullest possible aid from both = the=20 Federal Government and the Commonwealth in order to accomplish a speedy=20 recovery.
The Congress of the United States, through enactment of = the=20 Disaster Relief Act of 1974, Public Law 93-288, has authorized the = making of=20 certain disaster relief grants. The General Assembly wishes to make such = Federal=20 disaster relief grants, or other grants made available from Federal = programs=20 hereafter enacted, available to eligible individuals and families in = order to=20 alleviate the deprivation caused by storms or floods which have occurred = in the=20 past and seeks to address those emergencies of future years. However, = the=20 General Assembly is limited by rigid restrictions in the Constitution of = the=20 Commonwealth of Pennsylvania. The safety and welfare of the Commonwealth = requires the prompt amendment to the Constitution to aid those already = inflicted=20 by the Great Storms of 1976 or 1977 and any future emergency that may = strike=20 Commonwealth citizens.
Therefore, the following amendment to the=20 Constitution of the Commonwealth of Pennsylvania is proposed in = accordance with=20 the emergency provisions of Article XI thereof:
That section 17 of = Article=20 VIII be amended to read:=20

1978, MAY 16, 1977 P.L. 365, J.R.4

Vacancy in Existing Office of Attorney General

Upon approval of = this=20 amendment by the electors, there shall be a vacancy in the office of = Attorney=20 General which shall be filled a provided herein.=20

Explanatory Note. Joint Resolution No. 4 added section 4.1 and = amended=20 sections 5, 6, 8 and 17 of Article 14.

Text apparently provided by Jonathan S. Goldstein,=20

jonathan@icg.stwing.upenn.edu

3D"[PA Return=20 to PA Welcome Page

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CONSTITUTIONOF THECOMMONWEALTH OF PENNSYLVANIA

WE, the people of the Commonwealth of Pennsylvania, grateful to = Almighty God=20 for the blessings of civil and religious liberty, and humbly invoking = His=20 guidance, do ordain and establish this Constitution.

Article 1 DECLARATION OF RIGHTS

That the general, great and essential principles of liberty and = free=20 government may be recognized and unalterably established, WE DECLARE = THAT -=20

Inherent Rights of Mankind Section 1.

Political Powers Section 2.

Religious Freedom Section 3.

Religion Section 4.

Elections Section 5.

Trial by Jury Section 6.

Freedom of Press and Speech; Libels Section 7.

Security From Searches and Seizures Section 8.

Rights of Accused in Criminal Prosecutions Section 9.

Initiation of Criminal Proceedings; Twice in Jeopardy; Eminent = Domain=20 Section 10.

Courts to Be Open; Suits Against the Commonwealth Section 11. =

Power of Suspending Laws Section 12.

Bail, Fines and Punishments Section 13.

Prisoners to be Bailable; Habeas Corpus Section 14.

Special Criminal Tribunals Section 15.

Insolvent Debtors Section 16.

Ex Post Facto Laws; Impairment of Contracts Section 17.

Attainder Section 18.

Attainder Limited Section 19.

Right of Petition Section 20.

Right to Bear Arms Section 21.

Standing Army; Military Subordinate to Civil Power Section 22. =

Quartering of Troops Section 23.

Titles and Offices Section 24.

Reservation of Powers in People Section 25.

No Discrimination by Commonwealth and Its Political Subdivisions = Section=20 26.

Natural Resources and the Public Estate Section 27.

Prohibition Against Denial or Abridgment of Equality of Rights = Because of=20 Sex Section 28.

Article II THE LEGISLATURE

Legislative Power Section 1.

Election of Members; Vacancies Section 2.

Terms of Members Section 3.

Sessions Section 4.

Qualifications of Members Section 5.

Disqualification to Hold Other Office Section 6.

Ineligibility by Criminal Convictions Section 7.

Compensation Section 8.

Election of Officers; Judge of Election and Qualifications of = Members=20 Section 9.

Quorum Section 10.

Powers of Each House; Expulsion Section 11.

Journals; Yeas and Nays Section 12.

Open Sessions Section 13.

Adjournments Section 14.

Privileges of Members Section 15.

Legislative Districts Section 16.

Legislative Reapportionment Commission Section 17.

Article III LEGISLATION

Passage of Laws Section 1.

Reference to Committee; Printing Section 2.

Form of Bills Section 3.

Consideration of Bills Section 4.

Concurring in Amendments; Conference Committee Reports Section = 5.

Revival and Amendment of Laws Section 6.

Notice of Local and Special Bills Section 7.

Signing of Bills Section 8.

Action on Concurrent Orders and Resolutions Section 9.

Revenue Bills Section 10.

Appropriation Bills Section 11.

Legislation Designated by Governor at Special Sessions Section = 12.=20

Vote Denied Members with Personal Interest Section 12.

Public School System Section 14.

Public School Money Not Available to Sectarian Schools Section = 15.=20

National Guard to be Organized and Maintained Section 16. =

Appointment of Legislative Officers and Employees Section 17. =

Compensation Laws Allowed to General Assembly Section 18. =

Appropriations for Support of Widows and Orphans of Persons Who = Served in=20 the Armed Forces Section 19.

Classification of Municipalities Section 20.

Land Title Registration Section 21.

State Purchases Section 22.

Change of Venue Section 23.

Paying Out Public Moneys Section 24.

Emergency Seats of Government Section 25.

Extra Compensation Prohibited; Claims Against the Commonwealth; = Pensions=20 Section 26.

Changes in Term of Office or Salary Prohibited Section 27. =

Change of Permanent Location of State Capital Section 28. =

Appropriations for Public Assistance, Military Service, Scholarships = Section 29.