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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY SCHRODER, SWANGER, McILVAINE SMITH, BEAR, BOYD, CONKLIN, CREIGHTON, EVERETT, GRUCELA, HORNAMAN, KAUFFMAN, MURT, MUSTIO AND ROAE, AUGUST 13, 2009 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, AUGUST 13, 2009 |
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| AN ACT |
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1 | Providing for a Citizens Constitutional Convention, for a |
2 | referendum on the question and for the nomination and |
3 | election of delegates; defining the powers and duties of the |
4 | convention; providing for operation of the convention; |
5 | conferring powers and imposing duties on the Governor, the |
6 | Secretary of the Commonwealth, the Chief Justice of the |
7 | Supreme Court, officers of the General Assembly and county |
8 | election boards; providing for a referendum on the |
9 | convention's report; and making an appropriation. |
10 | TABLE OF CONTENTS |
11 | Section 1. Short title. |
12 | Section 2. Definitions. |
13 | Section 3. Referendum. |
14 | Section 4. Convention, membership, qualifications and |
15 | vacancies. |
16 | Section 5. Nomination of elected delegates and withdrawals. |
17 | Section 6. Elected and alternate delegates. |
18 | Section 7. Vacancies. |
19 | Section 8. Organization of convention and sessions. |
20 | Section 9. Function. |
21 | Section 10. Manner of submitting proposals to electorate. |
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1 | Section 11. Submission to electorate. |
2 | Section 12. Lobbying. |
3 | Section 13. Convention open to public. |
4 | Section 14. Judicial immunity. |
5 | Section 15. Appropriation. |
6 | Section 16. Effective date. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Short title. |
10 | This act shall be known and may be cited as the Citizens |
11 | Constitutional Convention Act of 2010. |
12 | Section 2. Definitions. |
13 | The following words and phrases when used in this act shall |
14 | have the meanings given to them in this section unless the |
15 | context clearly indicates otherwise: |
16 | "Candidate." An individual seeking to become an elected |
17 | delegate. |
18 | "Committee." The preparatory committee established under |
19 | this act. |
20 | "Convention." The Citizens Constitutional Convention |
21 | authorized by this act. |
22 | "County board." A county board of elections. |
23 | "Delegate." An elected or alternate delegate to the |
24 | convention. |
25 | "Elected delegate." A delegate who is elected to the |
26 | convention under this act. |
27 | "Public official." A person elected by the public, elected |
28 | or appointed by a governmental body or an appointed official in |
29 | the executive, legislative or judicial branch of this |
30 | Commonwealth or any of its political subdivisions. The term |
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1 | shall not include members of advisory boards that have no |
2 | authority to do any of the following: |
3 | (1) Expend public funds, other than reimbursement for |
4 | personal expenses. |
5 | (2) Otherwise exercise the power of the Commonwealth or |
6 | any of its subdivisions. |
7 | "Secretary." The Secretary of the Commonwealth. |
8 | Section 3. Referendum. |
9 | (a) Question.--At the primary election on May 18, 2010, the |
10 | following question shall be submitted to the electorate of this |
11 | Commonwealth to determine its will regarding a Constitutional |
12 | Convention: |
13 | Shall a Constitutional Convention be called in accordance |
14 | with and subject to the limitations and requirements |
15 | contained in the Citizens Constitutional Convention Act |
16 | of 2010, to prepare for submission to the electorate |
17 | proposals for the revision of all Articles of the |
18 | Constitution of Pennsylvania except Article I? |
19 | (b) Election.--The secretary shall certify questions to the |
20 | county boards. The election shall be conducted in accordance |
21 | with the act of June 3, 1937 (P.L.1333, No.320), known as the |
22 | Pennsylvania Election Code. |
23 | (c) Secretary.--If a majority of the electors casting votes |
24 | on the question under subsection (a) vote in the affirmative, |
25 | the secretary shall transmit notice of the vote to the |
26 | Legislative Reference Bureau for publication as a notice in the |
27 | Pennsylvania Bulletin. |
28 | Section 4. Convention, membership, qualifications and |
29 | vacancies. |
30 | (a) Call.--If a majority of the electors voting upon the |
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1 | question set forth in section 3(a) vote in the affirmative, a |
2 | convention shall be called by the Governor. |
3 | (b) Delegates.--The convention shall consist of three |
4 | elected delegates from each senatorial district. Each elector in |
5 | each senatorial district may vote for not more than two |
6 | candidates. The three candidates receiving the highest number of |
7 | votes shall be elected delegates. The candidate receiving the |
8 | fourth-highest number of votes shall be the first alternate |
9 | delegate; the candidate receiving the fifth-highest number of |
10 | votes shall be the second alternate delegate. |
11 | (c) Qualifications.--A delegate must meet the following |
12 | qualifications: |
13 | (1) Be at least 18 years of age prior to May 18, 2010. |
14 | (2) Have been a citizen and resident of this |
15 | Commonwealth for at least four years before election. |
16 | (3) Have resided in and been a registered elector of the |
17 | elected delegate's senatorial district for at least one year |
18 | preceding election. |
19 | (4) Reside in the elected delegate's senatorial district |
20 | during their term of service. |
21 | (5) Not be a public official on the effective date of |
22 | this act under section 16(2), or during their term of |
23 | service. |
24 | (6) Not be a registered lobbyist in this Commonwealth on |
25 | the effective date of this act, or during their term of |
26 | service. |
27 | (d) Salary.--Elected delegates shall be entitled to a salary |
28 | equal to the salary of a member of the General Assembly during |
29 | their term of service, payable monthly. |
30 | (e) Expenses.--Elected delegates shall be entitled to |
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1 | reimbursement for the following expenses: |
2 | (1) Actual mileage traveled in a personal vehicle in the |
3 | performance of their duties during their term of service, |
4 | documented, reported and payable monthly at the applicable |
5 | Federal rate, including commuting mileage. |
6 | (2) Actual expenses for other modes of ground |
7 | transportation in the performance of their duties during |
8 | their term of service, documented, reported and payable |
9 | monthly, including commuting expenses. |
10 | (3) Actual expenses for overnight lodging required for |
11 | the convenience of elected delegates traveling more than 50 |
12 | miles from their residence in the performance of their duties |
13 | during their term of service, documented, reported and |
14 | payable monthly. |
15 | (f) Terms of service.--Terms of service for elected |
16 | delegates shall commence on the date of their oath of office. |
17 | Terms shall expire September 30, 2011, except for delegate |
18 | members of the preparatory committee, whose terms shall expire |
19 | October 31, 2011. |
20 | (g) Immunity.--The following shall apply: |
21 | (1) A delegate shall, in all cases except treason, |
22 | felony, violation of oath of office and breach of the peace, |
23 | be privileged from arrest during attendance and travel to and |
24 | from the convention. |
25 | (2) A delegate shall not be questioned in any other |
26 | place for any speech or debate in the convention. |
27 | (h) Exclusions.--The following shall apply: |
28 | (1) No elected delegate shall, during their term of |
29 | service, be appointed to or hold any civil office under this |
30 | Commonwealth to which a salary, fee or perquisite is |
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1 | attached. |
2 | (2) No member of Congress or other person holding any |
3 | office, except that of attorney-at-law or in the National |
4 | Guard or a reserve component of the armed forces of the |
5 | United States, under the United States or this Commonwealth |
6 | to which a salary, fee or perquisite is attached shall be a |
7 | delegate during their continuance in office. |
8 | (3) Elected delegates shall be prohibited from serving |
9 | as a public official as defined in section 2 for a period of |
10 | two years after their term of service expires. |
11 | Section 5. Nomination of elected delegates and withdrawals. |
12 | (a) Nomination.--Candidates for delegates to the convention |
13 | shall be nominated by petition in accordance with all of the |
14 | following: |
15 | (1) The secretary shall prescribe the form of the |
16 | petition, which shall not include any reference to the |
17 | political affiliation of the candidate. |
18 | (2) A petition must be signed by at least 100 qualified |
19 | electors of the candidate's senatorial district in accordance |
20 | with all of the following: |
21 | (i) An elector may not sign more than two nomination |
22 | petitions. |
23 | (ii) A signer must state the signer's residence, |
24 | giving city, borough or township, with street and number, |
25 | and that the signer is a qualified elector of the |
26 | district. The signature must be dated. |
27 | (iii) A petition shall not be circulated prior to |
28 | February 16, 2010. A signature shall not be counted |
29 | unless it bears a date later than February 15, 2010. |
30 | (iv) A petition may be on one or more sheets. |
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1 | Different sheets must be used for signers residing in |
2 | different counties. If more than one sheet is used, the |
3 | sheets must be bound together when offered for filing if |
4 | they are intended to constitute one petition, and each |
5 | sheet must be numbered consecutively at the foot of each |
6 | page, beginning with number one. Each sheet must have |
7 | appended to it the affidavit for the individual who |
8 | circulated it setting forth all of the following: |
9 | (A) That the individual is a qualified elector |
10 | of the senatorial district named in the petition. |
11 | (B) The individual's residence, giving city, |
12 | borough or township, with street and number. |
13 | (C) That the signers to the petition signed with |
14 | the knowledge of the contents of the petition. |
15 | (D) That the residences of the signers are |
16 | correctly stated. |
17 | (E) That each signer resides in the district |
18 | named in the affidavit. |
19 | (F) That each signer signed on the date set |
20 | forth. |
21 | (G) That, to the best of the affidavit's |
22 | knowledge and belief, the signers are qualified |
23 | electors of the district. |
24 | (3) A petition must be filed in the office of the |
25 | secretary by 5 p.m. on March 9, 2010. A filing fee of $100 |
26 | must be paid by the candidate by certified check or money |
27 | order. |
28 | (b) Candidate's affidavit.--A candidate must file with the |
29 | office of the secretary, by 5 p.m. on March 9, 2010, an |
30 | affidavit stating or attesting to all of the following: |
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1 | (1) The candidate's residence with street, number and |
2 | post office address. |
3 | (2) That the candidate is eligible for the office of |
4 | elected delegate to the convention. |
5 | (3) That, if elected, the candidate will faithfully |
6 | observe the limitations and requirements imposed upon the |
7 | convention by this act. |
8 | (4) That the candidate meets the qualifications set |
9 | forth in section 4(c). |
10 | (c) Statement of financial interests.--A candidate must file |
11 | copies of a statement of financial interests with the office of |
12 | the secretary and the State Ethics Commission by 5 p.m. on March |
13 | 9, 2010. |
14 | (d) Withdrawal.--A candidate may withdraw as a candidate if |
15 | the candidate: |
16 | (1) Makes the request in writing. The request must be |
17 | signed by the candidate and acknowledged before an officer |
18 | empowered to administer oaths. |
19 | (2) Files the request in the office of the secretary by |
20 | 5 p.m. on March 24, 2010. |
21 | (e) Certification.--The secretary shall certify the names of |
22 | the nominees to the county boards as provided by law no later |
23 | than March 31, 2010. |
24 | (f) Forms.--The secretary shall provide all forms and |
25 | instructions for candidates in a timely and convenient manner |
26 | consistent with that used for legislative elections. |
27 | Section 6. Elected and alternate delegates. |
28 | Elections for elected delegates shall be held at the primary |
29 | election on May 18, 2010, and shall be nonpartisan. The |
30 | secretary shall forward to each county board the names of the |
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1 | candidates. Candidates' names shall be grouped together on the |
2 | ballot without reference to party affiliation, separate from the |
3 | names of candidates for any other office, and subsequent to the |
4 | question set forth in section 3(a). Each elector voting at the |
5 | municipal election shall be entitled to vote for two candidates |
6 | from the elector's senatorial district. If the question which is |
7 | set forth in section 3(a) is approved by a majority of the |
8 | electors casting votes: |
9 | (1) The three candidates receiving the highest number of |
10 | votes shall be the elected delegates of that district. |
11 | (2) The candidate receiving the fourth-highest number of |
12 | votes shall be the first alternate delegate; the candidate |
13 | receiving the fifth-highest number of votes shall be the |
14 | second alternate delegate. |
15 | (3) In the case of a tie vote, the election shall be |
16 | determined in accordance with the provisions of section 1418 |
17 | of the act of June 3, 1937 (P.L.1333, No.320), known as the |
18 | Pennsylvania Election Code. |
19 | (4) The county boards shall, by June 1, 2010, certify |
20 | the return of the election for all delegates to the |
21 | secretary. |
22 | (5) The secretary shall, by June 8, 2010, certify to the |
23 | Governor the names of elected and alternate delegates. |
24 | Section 7. Vacancies. |
25 | (a) Candidate.--In the event of the death of a candidate |
26 | prior to March 31, 2010, that candidate's name shall be removed |
27 | from the ballot. In the event of the death of a candidate on or |
28 | after April 3, 2010, votes received by that candidate in the |
29 | municipal election shall be counted and recorded, but void, and |
30 | a vacancy shall exist. |
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1 | (b) Elected delegate.--In the event of a vacancy in the |
2 | office of elected delegate, the first alternate delegate from |
3 | the same senatorial district shall become the elected delegate; |
4 | if the first alternate is unable to serve, the second alternate |
5 | delegate shall become the elected delegate, etc. If no such |
6 | alternate delegate is available to fill a vacancy, the remaining |
7 | elected delegates from the same district, together with the |
8 | Senator from that district, shall collectively nominate a single |
9 | candidate to be confirmed by a majority of the convention as |
10 | soon as practicable to fill the vacancy. |
11 | Section 8. Organization of convention and sessions. |
12 | (a) Convening.--The following shall apply: |
13 | (1) The convention's elected delegates shall convene in |
14 | the Hall of the House of Representatives on December 1, 2010, |
15 | at 12 noon. |
16 | (2) The convention shall be called to order by the |
17 | Governor. |
18 | (3) The secretary shall certify the returns of the |
19 | elections for elected and alternate delegates and issue |
20 | certificates of election. |
21 | (4) The Chief Justice of the Supreme Court shall, after |
22 | the returns have been certified, administer the oath of |
23 | office in the following form: |
24 | I do solemnly swear (or affirm) that I will support, |
25 | obey and defend the Constitution of the United States |
26 | and the Constitution of Pennsylvania, that I will |
27 | abide by the limitations and requirements of the |
28 | Citizens Constitutional Convention Act of 2010, and |
29 | that I will discharge my duties with fidelity. |
30 | (5) Each elected delegate shall sign and swear a written |
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1 | version of the oath of office, provided by the secretary, to |
2 | be preserved with the official journals of the convention, |
3 | and other copies as needed by the secretary. |
4 | (b) Organization.--The following shall apply: |
5 | (1) The convention shall be the final judge of the |
6 | qualifications of its own delegates. |
7 | (2) The convention shall elect from among its elected |
8 | delegates a president, first vice-president, second vice- |
9 | president and a secretary. |
10 | (3) The convention shall elect from among its elected |
11 | delegates 15 members to serve on a preparatory committee with |
12 | the elected officers of the convention. The committee shall |
13 | also include the Majority Leader of the Senate, the Minority |
14 | Leader of the Senate, the Majority Leader of the House of |
15 | Representatives and the Minority Leader of the House of |
16 | Representatives. |
17 | (4) The convention shall organize ten committees to |
18 | separately address each article of the Constitution of |
19 | Pennsylvania subject to the scope of the convention. |
20 | (5) The convention shall organize a committee on |
21 | arrangement, submission and address to the people. |
22 | (c) Duties of preparatory committee.--The following shall |
23 | apply: |
24 | (1) The committee shall prescribe rules for all of the |
25 | following, subject to adoption by a majority of the elected |
26 | delegates at the commencement of working sessions: |
27 | (i) Procedure. |
28 | (ii) Conduct of delegates, including censure, |
29 | suspension or removal. |
30 | (2) The committee shall be authorized to do all of the |
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1 | following, when required for the conduct of the business of |
2 | the convention: |
3 | (i) Lease or otherwise obtain suitable meeting and |
4 | office space and to purchase or lease supplies, |
5 | equipment, publications and other material necessary for |
6 | the work of the convention. |
7 | (ii) Hire or engage staff necessary for the work of |
8 | the convention. |
9 | (iii) Initiate relevant studies through its own |
10 | personnel or in cooperation with any public or private |
11 | agencies. |
12 | (iv) Hold public hearings. |
13 | (v) Enter into contracts. |
14 | (vi) Receive from the Commonwealth agencies and |
15 | political subdivisions and local agencies assistance |
16 | necessary or desirable to carry out properly the powers |
17 | and duties under this subsection. |
18 | (vii) Submit a budget and additional reports to the |
19 | General Assembly in sufficient time for the General |
20 | Assembly to pass any necessary appropriation act required |
21 | by section 15, as needed. |
22 | (d) Sessions.--The following shall apply: |
23 | (1) The organizational session shall be adjourned no |
24 | later than 5 p.m. on December 3, 2010. |
25 | (2) Working sessions of the convention shall commence on |
26 | January 11, 2011. |
27 | (e) Sine die adjournment.--The convention shall adjourn sine |
28 | die no later than September 13, 2011. |
29 | Section 9. Function. |
30 | (a) Scope.--The convention has the power, by a vote of two- |
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1 | thirds of its elected delegates on final passage, to make |
2 | recommendations to the electorate on all subjects contained |
3 | within the Constitution of Pennsylvania except for those |
4 | contained within Article I of the Constitution of Pennsylvania, |
5 | pertaining to the Declaration of Rights. |
6 | (b) Reorganization.--In dealing with the subject matter |
7 | under subsection (a), the convention may recommend amendment, |
8 | addition, deletion, division, transfer, continuation without |
9 | change and implementation schedules. |
10 | Section 10. Manner of submitting proposals to electorate. |
11 | (a) Convention.--The following shall apply: |
12 | (1) The recommendations of the convention shall be |
13 | submitted to the electorate as determined by the convention. |
14 | (2) The convention shall frame the ballot question or |
15 | questions. |
16 | (b) Certification.--The changes proposed and the ballot |
17 | question or questions shall be certified by the president and |
18 | secretary of the convention to the secretary by September 30, |
19 | 2010. |
20 | Section 11. Submission to electorate. |
21 | (a) Secretary.--The following shall apply: |
22 | (1) The secretary shall publish the Constitution of |
23 | Pennsylvania showing the changes proposed by the convention |
24 | and any address to the people by the convention, in |
25 | convenient printed form and in convenient digital form at the |
26 | earliest time practicable after certification. |
27 | (2) The secretary shall advertise the proposals and |
28 | address of the convention in at least two newspapers of |
29 | general circulation in every county once during the second |
30 | week of October 2011 and once during the fourth week of |
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1 | October 2011. |
2 | (3) The secretary shall send a sufficient number of |
3 | copies of the printed publication under paragraph (1) to each |
4 | county board to satisfy the requirements of subsection (b). |
5 | (4) Upon request of an elector, the secretary shall send |
6 | a copy of the publication under paragraph (1). |
7 | (b) County boards.--Each county board shall make the |
8 | publication under subsection (a)(1) available at each polling |
9 | place in a quantity equal to the number of voting booths, |
10 | terminals or stations at that polling place. |
11 | (c) Election.--The following shall apply: |
12 | (1) The recommendations of the convention shall be |
13 | submitted to the electors for their approval or rejection at |
14 | the municipal election on November 8, 2011. |
15 | (2) A majority affirmative vote of the electors casting |
16 | votes on the ballot question or questions certified under |
17 | section 10(b) in the election is necessary for the adoption |
18 | of the recommendations of the convention. |
19 | (d) Certification.--The secretary shall certify the results |
20 | of the election by November 29, 2011. |
21 | Section 12. Lobbying. |
22 | (a) Delegates.--The following shall apply: |
23 | (1) Direct lobbying of individual delegates by |
24 | organizations or individuals registered as lobbyists within |
25 | this Commonwealth on the effective date of this act and for |
26 | the duration of the convention, other than meetings between |
27 | individual electors of a senatorial district and the delegate |
28 | or delegates representing the same district, shall be |
29 | prohibited. |
30 | (2) No delegate shall accept any gift, meal, service or |
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1 | other benefit, or any promise of such in the future, offered |
2 | by any party in an effort to influence the outcome of the |
3 | convention. |
4 | (b) Convention.--The following shall apply: |
5 | (1) Lobbyists prohibited from lobbying delegates in |
6 | subsection (a)(1) shall be permitted to lobby the convention |
7 | as a whole by the following methods: |
8 | (i) Providing printed reference materials in |
9 | quantities sufficient for distribution to all elected |
10 | delegates, subject to any pertinent policies adopted by |
11 | the convention. |
12 | (ii) Providing printed and oral testimony at a |
13 | hearing before any committee or subcommittee of the |
14 | convention, subject to any pertinent policies adopted by |
15 | the convention. |
16 | (iii) Providing printed reference materials to |
17 | committees or subcommittees of the convention in |
18 | quantities sufficient for distribution to all elected |
19 | delegates, subject to any pertinent policies adopted by |
20 | the convention. |
21 | (2) The convention shall not accept, on behalf of its |
22 | delegates, any gift, meal, service or other benefit, or any |
23 | promise of such in the future, offered by any party in an |
24 | effort to influence the outcome of the convention. |
25 | Section 13. Convention open to public. |
26 | Sessions of the convention as a whole and all meetings of its |
27 | committees and subcommittees shall be open to the public. |
28 | Section 14. Judicial immunity. |
29 | Provided no portion of the resultant Constitution of |
30 | Pennsylvania, duly proposed by the convention and adopted by the |
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1 | electorate according to the provisions of this act, is found to |
2 | be in violation of the Constitution of the United States, no |
3 | court of this Commonwealth shall have the authority to overturn |
4 | its provisions. |
5 | Section 15. Appropriation. |
6 | If the question in section 3(a) is approved by the |
7 | electorate, the sum of $20,000,000 shall be transferred from the |
8 | nonlapsing leadership accounts of the General Assembly, in four |
9 | equal contributions by the majority and minority caucuses of the |
10 | Senate and the House of Representatives, to carry out the |
11 | provisions of this act. Further sums required by the convention |
12 | to perform its duties, contributed in similar fashion, shall be |
13 | provided upon request by the convention in accordance with |
14 | section 8(c)(2)(vii). |
15 | Section 16. Effective date. |
16 | This act shall take effect as follows: |
17 | (1) Section 15 of this act shall take effect upon |
18 | publication of the notice under section 3(c). |
19 | (2) The remainder of this act shall take effect |
20 | immediately. |
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