THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DALLY, BEAR, BENNINGHOFF, BEYER, BOYD, BRENNAN, CONKLIN, CREIGHTON, CUTLER, ELLIS, EVERETT, FAIRCHILD, GABLER, GIBBONS, GINGRICH, GRELL, GROVE, GRUCELA, HARRIS, HENNESSEY, HORNAMAN, KAUFFMAN, MILLER, MOUL, MURT, MUSTIO, PAYNE, SCAVELLO, SIPTROTH, SWANGER, TURZAI, VULAKOVICH AND WAGNER, JUNE 23, 2009

REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 23, 2009  

AN ACT

Providing for a constitutional convention with limited powers,

for a referendum on the question and for the selection,

nomination and election of delegates; defining the powers and

duties of the convention; providing for its operation;

conferring powers and imposing duties on the Governor, the

Secretary of the Commonwealth, officers of the General

Assembly and county election boards; providing for a

referendum on the convention's report; and making an

appropriation.

TABLE OF CONTENTS

Section 1.  Short title.

Section 2.  Definitions.

Section 3.  Referendum.

Section 4.  Convention; membership; qualifications; vacancies.

Section 5.  Nomination of elected delegates; withdrawals.

Section 6.  Elected delegates.

Section 7.  Vacancies.

Section 8.  Preparatory Committee.

Section 9.  Organization of convention.

Section 10.  Function.

Section 11.  Manner of submitting proposals to electorate.

Section 12.  Submission to electorate.

Section 13.  Lobbying.

Section 14.  Convention open to public.

Section 15.  Appropriation.

Section 16.  Effective date.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the

Constitutional Convention Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Candidate."  An individual seeking to become an elected

delegate.

"Committee."  The Preparatory Committee established in

section 8.

"Convention."  The constitutional convention authorized by

this act.

"County board."  A county board of elections.

"Delegate."  A delegate to the convention. The term includes

an elected delegate and an ex officio delegate.

"Elected delegate."  A delegate who is elected to the

convention under section 4(b)(1).

"Ex officio delegate."  A delegate to the convention under

section 4(b)(2).

"Secretary."  The Secretary of the Commonwealth.

Section 3.  Referendum.

(a)  Question.--At the general election in November 2009, the

following question shall be submitted to the electorate of this

Commonwealth to determine its will regarding a constitutional

convention with limited powers:

Shall a constitutional convention be called in accordance

with and subject to the limitations and requirements

contained in the Constitutional Convention Act, to prepare

for submission to the electorate proposals for the revision

of the following provisions of the Constitution of

Pennsylvania as provided in section 10 of the Constitutional

Convention Act: section 10 of Article I; sections 8 and 16 of

Article II; sections 14, 15, 18, 26 and 27 of Article III;

Article V; section 12 of Article VIII; Article IX and section

17 of Schedule No. 1?

(b)  Election.--The secretary shall certify questions to the

county boards of elections. The election shall be conducted in

accordance with the act of June 3, 1937 (P.L.1333, No.320),

known as the Pennsylvania Election Code.

(c)  Secretary.--If a majority of the electors voting on the

question under subsection (a) vote in the affirmative, the

secretary shall transmit notice of the vote to the Legislative

Reference Bureau for publication as a notice in the Pennsylvania

Bulletin.

Section 4.  Convention; membership; qualifications; vacancies.

(a)  Call.--If a majority of the electors voting upon the

question under section 3(a) vote in the affirmative, a

convention shall be called by the Governor.

(b)  Delegates.--The convention shall consist of the

following delegates:

(1)  Three delegates shall be elected from each

senatorial district. Each elector in each senatorial district

may vote for not more than two candidates. The three

candidates receiving the highest number of votes shall be

elected delegates.

(2)  The following shall be ex officio delegates and

shall have the powers of elected delegates:

(i)  The Lieutenant Governor.

(ii)  The President pro tempore of the Senate.

(iii)  The Majority Leader of the Senate.

(iv)  The Majority Whip of the Senate.

(v)  The Minority Leader of the Senate.

(vi)  The Minority Whip of the Senate.

(vii)  The Minority Caucus Chairman of the Senate.

(viii)  The Speaker of the House of Representatives.

(ix)  The Majority Leader of the House of

Representatives.

(x)  The Majority Whip of the House of

Representatives.

(xi)  The Minority Leader of the House of

Representatives.

(xii)  The Minority Whip of the House of

Representatives.

(xiii)  The Minority Caucus Chairman of the House of

Representatives.

(c)  Qualifications.--An elected delegate must meet the

following qualifications:

(1)  Be at least 18 years of age.

(2)  Have been a citizen of the United States and

resident of this Commonwealth for at least four years before

election.

(3)  Have resided in and been a registered elector of the

elected delegate's senatorial district for at least one year

preceding election.

(4)  Reside in the elected delegate's senatorial district

during term of service.

(d)  Expenses.--Elected delegates shall be entitled to

reimbursement for reasonable expenses incurred in the

performance of their duties.

Section 5.  Nomination of elected delegates; withdrawals.

(a)  Political parties.--The county committee of each

political party in each senatorial district shall collectively

nominate two candidates in accordance with party rules and the

names of the nominees submitted to the secretary. The secretary

shall certify the names of the nominees to the county board as

provided by law not later than September 29, 2010.

(b)  Political bodies.--Subject to the limitations upon the

number in this act applicable to political parties, candidates

may also be nominated by political bodies by petition in

accordance with the following:

(1)  The secretary shall prescribe the form of the

petition.

(2)  A petition must be signed by at least 500 qualified

electors of the senatorial district in accordance with the

following:

(i)  An elector may not sign more than two nomination

petitions.

(ii)  A signer must state occupation and residence,

giving city, borough or township, with street and number,

and that the signer is a qualified elector of the

district. The signature must be dated.

(iii)  A petition may not be circulated prior to

August 25, 2010. A signature shall not be counted unless

it bears a date later than August 24, 2010.

(iv)  A petition may be on one or more sheets.

Different sheets must be used for signers resident in

different counties. If more than one sheet is used, the

sheets must be bound together when offered for filing if

they are intended to constitute one petition, and each

sheet must be numbered consecutively at the foot of each

page, beginning with number one. Each sheet must have

appended to it the affidavit of the individual who

circulated it setting forth:

(A)  that the individual is a qualified elector

of the senatorial district named in the petition;

(B)  the individual's residence, giving city,

borough or township, with street and number;

(C)  that the signers to the petition signed with

knowledge of the contents of the petition;

(D)  that the residences of the signers are

correctly stated;

(E)  that each signer resides in the district

named in the affidavit;

(F)  that each signer signed on the date set

forth; and

(G)  that, to the best of the affiant's knowledge

and belief, the signers are qualified electors of the

district.

(3)  A petition must be filed in the office of the

secretary by September 15, 2010. A filing fee of $100 must be

paid by the candidate by certified check or money order.

(c)  Candidate's affidavit.--A candidate must file with the

secretary an affidavit stating all of the following:

(1)  The candidate's residence with street and number and

post office address.

(2)  That the candidate is eligible for the office of

elected delegate to the constitutional convention.

(3)  That, if elected, the candidate will faithfully

observe the limitations and requirements imposed upon the

convention by this act.

(4)  That the candidate meets the qualifications under

section 4(c).

(d)  Withdrawal.--A candidate may withdraw as a candidate as

follows:

(1)  Make a request in writing. The request must be

signed by the candidate and acknowledged before an officer

empowered to administer oaths.

(2)  File the request in the office of the secretary by 5

p.m. on September 24, 2010.

Section 6.  Elected delegates.

Elections for elected delegates shall be held at the general

election in November 2009. The secretary shall forward to each

county board the names of the candidates. Each elector voting at

the municipal election shall be entitled to vote for two

candidates from the elector's senatorial district. The three

candidates receiving the highest number of votes in each

district shall be the elected delegates of that district. In the

case of a tie vote, the election shall be determined in

accordance with the provisions of section 1418 of the act of

June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania

Election Code. The county board shall, by November 16, 2010,

certify the return to the secretary. The secretary shall, by

November 23, 2010, certify to the Governor the names of the

elected delegates.

Section 7.  Vacancies.

(a)  Candidate.--In the event of the death or withdrawal of a

candidate occurring prior to October 1, 2010, a substitute

nomination shall be made under section 5.

(b)  Elected delegate.--In the event of a vacancy in the

office of the elected delegate, a successor shall be elected as

follows:

(1)  If the elected delegate was nominated under section

5(a), the remaining delegates of that political party shall

elect a successor who meets the qualifications under section

4(c). The secretary shall prescribe appropriate time

limitations.

(2)  If the elected delegate member was nominated under

section 5(b), all of the remaining delegates shall elect a

successor meeting the qualifications under section 4(c).

Section 8.  Preparatory Committee.

(a)  Membership.--Ex officio delegates shall constitute the

Preparatory Committee to make arrangements for the convention.

(b)  Meeting organization.--Upon certification by the

secretary of the results of the referendum election under

section 3, the committee shall have the following powers and

duties:

(1)  To lease or otherwise obtain suitable meeting and

office space and to purchase or lease supplies, equipment,

publications and other materials necessary for the work of

the convention.

(2)  To hire or engage staff necessary for the

preparatory work of the convention.

(3)  To initiate relevant studies through its own

personnel or in cooperation with any public or private

agencies.

(4)  To hold public hearings.

(5)  To enter into contracts.

(6)  To receive from Commonwealth agencies and political

subdivisions and local agencies assistance necessary or

desirable to carry out properly the powers and duties under

this subsection.

(7)  To submit a budget for the convention to the General

Assembly in sufficient time for the General Assembly to pass

the necessary appropriation acts.

(8)  To do other acts necessary to carry out the powers

and duties under this subsection.

Section 9.  Organization of convention.

(a)  Convening.--

(1)  The convention shall convene in the Hall of the

House of Representatives on December 1, 2010, at 12 noon.

(2)  The convention shall be called to order by the

Governor.

(3)  The secretary shall certify the returns of the

elections for elected delegates and issue certificates of

election.

(4)  The Chief Justice of the Supreme Court or a designee

of the Chief Justice shall then administer the oath of office

in the following form:

I do solemnly swear (or affirm) that I will support, obey

and defend the Constitution of the United States and the

Constitution of Pennsylvania, and that I will discharge the

duties of my office with fidelity.

(b)  Organization.--

(1)  The convention shall be the final judge of the

qualifications of its own delegates.

(2)  The convention shall organize by electing from among

its delegates a president, secretary and other officers.

(3)  The convention shall prescribe rules for:

(i)  procedure; and

(ii)  conduct of its delegates, including censure,

suspension or removal.

(c)  Immunity.--

(1)  A delegate shall in all cases, except treason,

felony, violation of oath of office and breach of the peace,

be privileged from arrest during attendance and travel to and

from the convention.

(2)  A delegate shall not be questioned in any other

place for any speech or debate in the convention.

(d)  Sine die adjournment.--The convention shall adjourn sine

die on February 28, 2011.

Section 10.  Function.

(a)  Scope.--The convention has the power, by a vote of a

majority of delegates, to make recommendations to the electorate

on the following subjects only:

(1)  Section 10 of Article I of the Constitution of

Pennsylvania, pertaining to the taking of private property

for a public purpose.

(2)  Section 8 of Article II of the Constitution of

Pennsylvania, pertaining to compensation of members of the

General Assembly.

(3)  Section 16 of Article II of the Constitution of

Pennsylvania, pertaining to number of legislative districts.

(4)  Sections 14 and 15 of Article III of the

Constitution of Pennsylvania, pertaining to public education.

(5)  Section 18 of Article III of the Constitution of

Pennsylvania, pertaining to limitations on the recovery of

noneconomic damages for injuries resulting in death or for

injuries to persons or property.

(6)  Sections 26 and 27 of Article III of the

Constitution of Pennsylvania, pertaining to compensation of

public officers.

(7)  Section 10(c) of Article V of the Constitution of

Pennsylvania, pertaining to the power of the Supreme Court to

make rules governing the practice of law.

(8)  Section 13(b) of Article V of the Constitution of

Pennsylvania, limited to the filling of vacancies in the

office of judge of the court of common pleas and justices of

the peace.

(9)  Section 15 of Article V of the Constitution of

Pennsylvania, pertaining to judicial compensation.

(10)  Article V of the Constitution of Pennsylvania,

pertaining to the appointment and qualifications of judges of

courts of the Commonwealth and magisterial district justices

and terms of appellate judges.

(11)  Section 12 of Article VIII of the Constitution of

Pennsylvania, allowing for statutory limitations on annual

increases in government spending.

(12)  Article IX of the Constitution of Pennsylvania,

limited to provisions for consolidation of municipalities and

school districts by local referendum.

(13)  Section 17 of Schedule No. 1 of the Constitution of

Pennsylvania, pertaining to judicial compensation.

(b)  Limitations.--The convention shall not consider or

include in its recommendations any of the following:

(1)  A proposal which clearly permits or prohibits the

imposition of a graduated income tax by the Commonwealth or

any of its political subdivisions. Section 1 of Article VIII

of the Constitution of Pennsylvania providing that: "All

taxes shall be uniform, upon the same class of subjects,

within the territorial limits of the authority levying the

tax, and shall be levied and collected under general laws."

shall not be modified, altered or changed in any respect

whatsoever.

(2)  Section 11 of Article VIII of the Constitution of

Pennsylvania pertaining to the Motor License Fund.

(c)  Reorganization.--In dealing with the subject matter

under subsection (a), the convention may recommend amendment,

deletion, transfer or continuation without change.

Section 11.  Manner of submitting proposals to electorate.

(a)  Convention.--

(1)  The recommendations of the convention shall be

submitted to the electorate as determined by the convention.

(2)  The convention shall frame the ballot questions.

(b)  Certification.--The changes proposed and the ballot

questions shall be certified by the president and secretary of

the convention to the secretary by February 28, 2011.

Section 12.  Submission to electorate.

(a)  Secretary.--

(1)  The secretary shall advertise the proposals of the

convention in at least two newspapers of general circulation

in every county once during the last week in March 2011.

(2)  The secretary shall publish the Constitution of

Pennsylvania showing the changes proposed by the convention

in convenient form.

(3)  The secretary shall send ten copies of the

publication under paragraph (2) to each county board.

(4)  Upon request of an elector, the secretary shall send

a copy of the publication under paragraph (2).

(b)  County boards.--A county board shall make the

publication under subsection (a)(4) available at each polling

place.

(c)  Election.--

(1)  The recommendations of the convention shall be

submitted to the electors for their approval or rejection at

the primary election of 2011.

(2)  A majority vote of the electors voting in the

election is necessary for the adoption of the recommendations

of the convention.

(d)  Certification.--The secretary shall certify the results

of the election.

Section 13.  Lobbying.

The provisions of 65 Pa.C.S. Ch. 13A (relating to lobbying

disclosure) apply to the convention.

Section 14.  Convention open to public.

Sessions of the convention as a whole shall be open to the

public.

Section 15.  Appropriation.

The sum of $1,000,000, or as much thereof as may be

necessary, is hereby appropriated to the Preparatory Committee

for the fiscal year July 1, 2009, to June 30, 2010, to carry out

the provisions of this act.

Section 16.  Effective date.

This act shall take effect as follows:

(1)  Section 15 shall take effect upon publication of the

notice under section 3(c).

(2)  The remainder of this act shall take effect

immediately.