THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY FOLMER, PICCOLA, ERICKSON, EICHELBERGER AND FERLO, FEBRUARY 20, 2009

REFERRED TO STATE GOVERNMENT, FEBRUARY 20, 2009  

AN ACT

Providing for a Citizens Constitutional Convention on public

school funding and property taxes, for a referendum on the

question and for the nomination and election of delegates;

defining the powers and duties of the convention; providing

for operation of the convention; conferring powers and

imposing duties on the Governor, the Secretary of the

Commonwealth, the Chief Justice of the Supreme Court,

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 and

vacancies.

Section 5.  Nomination of elected delegates and withdrawals.

Section 6.  Elected and alternate delegates.

Section 7.  Vacancies.

Section 8.  Organization of convention and sessions.

Section 9.  Function.

Section 10.  Manner of submitting proposals to electorate.

Section 11.  Submission to electorate.

Section 12.  Lobbying.

Section 13.  Convention open to public.

Section 14.  Judicial immunity.

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 Citizens

Constitutional Convention on Public School Funding and Property

Taxes 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 under

this act.

"Convention."  The Citizens Constitutional Convention

authorized by this act.

"County board."  A county board of elections.

"Delegate."  An elected or alternate delegate to the

convention.

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

convention under this act.

"Public official."  A person elected by the public, elected

or appointed by a governmental body or an appointed official in

the executive, legislative or judicial branch of this

Commonwealth or any of its political subdivisions. The term

shall not include members of advisory boards that have no

authority to do any of the following:

(1)  Expend public funds, other than reimbursement for

personal expenses.

(2)  Otherwise exercise the power of the Commonwealth or

any of its subdivisions.

"Secretary."  The Secretary of the Commonwealth.

Section 3.  Referendum.

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

the following question shall be submitted to the electorate of

this Commonwealth to determine its will regarding a

Constitutional Convention:

Shall a Constitutional Convention be called in accordance

with and subject to the limitations and requirements

contained in the Citizens Constitutional Convention Act

of 2008, to prepare for submission to the electorate

proposals for the revision of all Articles of the

Constitution of Pennsylvania except Article I?

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

county boards. 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 casting votes

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 and

vacancies.

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

question set forth in section 3(a) vote in the affirmative, a

convention shall be called by the Governor.

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

elected delegates 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. The candidate receiving the

fourth-highest number of votes shall be the first alternate

delegate; the candidate receiving the fifth-highest number of

votes shall be the second alternate delegate.

(c)  Qualifications.--A delegate must meet the following

qualifications:

(1)  Be at least 18 years of age prior to November 3,

2009.

(2)  Have been a citizen 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 their term of service.

(5)  Not be a public official on the effective date of

this section under section 16(2), or during their term of

service.

(6)  Not be a registered lobbyist in this Commonwealth on

the effective date of this section, or during their term of

service.

(d)  Salary.--Elected delegates shall be entitled to a salary

equal to the salary of a member of the General Assembly during

their term of service, payable monthly.

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

reimbursement for the following expenses:

(1)  Actual mileage traveled in a personal vehicle in the

performance of their duties during their term of service,

documented, reported and payable monthly at the applicable

Federal rate, including commuting mileage.

(2)  Actual expenses for other modes of ground

transportation in the performance of their duties during

their term of service, documented, reported and payable

monthly, including commuting expenses.

(3)  Actual expenses for overnight lodging required for

the convenience of elected delegates traveling more than 50

miles from their residence in the performance of their duties

during their term of service, documented, reported and

payable monthly.

(f)  Terms of service.--Terms of service for elected

delegates shall commence on the date of their oath of office.

Terms shall expire September 30, 2010, except for delegate

members of the preparatory committee, whose terms shall expire

October 31, 2010.

(g)  Immunity.--The following shall apply:

(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.

(h)  Exclusions.--The following shall apply:

(1)  No elected delegate shall, during their term of

service, be appointed to or hold any civil office under this

Commonwealth to which a salary, fee or perquisite is

attached.

(2)  No member of Congress or other person holding any

office, except that of attorney-at-law or in the National

Guard or a reserve component of the armed forces of the

United States, under the United States or this Commonwealth

to which a salary, fee or perquisite is attached shall be a

delegate during their continuance in office.

(3)  Elected delegates shall be prohibited from serving

as a public official as defined in section 2 for a period of

two years after their term of service expires.

Section 5.  Nomination of elected delegates and withdrawals.

(a)  Nomination.--Candidates for delegates to the convention

shall be nominated by petition in accordance with all of the

following:

(1)  The secretary shall prescribe the form of the

petition, which shall not include any reference to the

political affiliation of the candidate.

(2)  A petition must be signed by at least 100 qualified

electors of the candidate's senatorial district in accordance

with all of the following:

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

petitions.

(ii)  A signer must state the signer's 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 shall not be circulated prior to

August 18, 2009. A signature shall not be counted unless

it bears a date later than August 17, 2009.

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

Different sheets must be used for signers residing 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 for the individual who

circulated it setting forth all of the following:

(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

the 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.

(G)  That, to the best of the affidavit'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 5 p.m. on September 8, 2009. A filing fee of

$100 must be paid by the candidate by certified check or

money order.

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

office of the secretary, by 5 p.m. on September 8, 2009, an

affidavit stating or attesting to all of the following:

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

post office address.

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

elected delegate to the 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 set

forth in section 4(c).

(c)  Statement of financial interests.--A candidate must file

copies of a statement of financial interests with the office of

the secretary and the State Ethics Commission by 5 p.m. on

September 8, 2009.

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

the candidate:

(1)  Makes the request in writing. The request must be

signed by the candidate and acknowledged before an officer

empowered to administer oaths.

(2)  Files the request in the office of the secretary by

5 p.m. on September 15, 2009.

(e)  Certification.--The secretary shall certify the names of

the nominees to the county boards as provided by law no later

than September 22, 2009.

(f)  Forms.--The secretary shall provide all forms and

instructions for candidates in a timely and convenient manner

consistent with that used for legislative elections.

Section 6.  Elected and alternate delegates.

Elections for elected delegates shall be held at the

municipal election on November 3, 2009, and shall be

nonpartisan. The secretary shall forward to each county board

the names of the candidates. Candidates' names shall be grouped

together on the ballot without reference to party affiliation,

separate from the names of candidates for any other office, and

subsequent to the question set forth in section 3(a). Each

elector voting at the municipal election shall be entitled to

vote for two candidates from the elector's senatorial district.

If the question which is set forth in section 3(a) is approved

by a majority of the electors casting votes:

(1)  The three candidates receiving the highest number of

votes shall be the elected delegates of that district.

(2)  The candidate receiving the fourth-highest number of

votes shall be the first alternate delegate; the candidate

receiving the fifth-highest number of votes shall be the

second alternate delegate.

(3)  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.

(4)  The county boards shall, by November 17, 2009,

certify the return of the election for all delegates to the

secretary.

(5)  The secretary shall, by November 24, 2009, certify

to the Governor the names of elected and alternate delegates.

Section 7.  Vacancies.

(a)  Candidate.--In the event of the death of a candidate

prior to September 22, 2009, that candidate's name shall be

removed from the ballot. In the event of the death of a

candidate on or after September 22, 2009, votes received by that

candidate in the municipal election shall be counted and

recorded, but void, and a vacancy shall exist.

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

office of elected delegate, the first alternate delegate from

the same senatorial district shall become the elected delegate;

if the first alternate is unable to serve, the second alternate

delegate shall become the elected delegate, etc. If no such

alternate delegate is available to fill a vacancy, the remaining

elected delegates from the same district, together with the

Senator from that district, shall collectively nominate a single

candidate to be confirmed by a majority of the convention as

soon as practicable to fill the vacancy.

Section 8.  Organization of convention and sessions.

(a)  Convening.--The following shall apply:

(1)  The convention's elected delegates shall convene in

the Hall of the House of Representatives on December 1, 2009,

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 and alternate delegates and issue

certificates of election.

(4)  The Chief Justice of the Supreme Court shall, after

the returns have been certified, 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, that I will

abide by the limitations and requirements of the

Citizens Constitutional Convention Act of 2008, and

that I will discharge my duties with fidelity.

(5)  Each elected delegate shall sign and swear a written

version of the oath of office, provided by the secretary, to

be preserved with the official journals of the convention,

and other copies as needed by the secretary.

(b)  Organization.--The following shall apply:

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

qualifications of its own delegates.

(2)  The convention shall elect from among its elected

delegates a president, first vice-president, second vice-

president and a secretary.

(3)  The convention shall elect from among its elected

delegates 15 members to serve on a preparatory committee with

the elected officers of the convention. The committee shall

also include the Majority Leader of the Senate, the Minority

Leader of the Senate, the Majority Leader of the House of

Representatives and the Minority Leader of the House of

Representatives.

(4)  The convention shall organize ten committees to

separately address each article of the Constitution of

Pennsylvania subject to the scope of the convention.

(5)  The convention shall organize a committee on

arrangement, submission and address to the people.

(c)  Duties of preparatory committee.--The following shall

apply:

(1)  The committee shall prescribe rules for all of the

following, subject to adoption by a majority of the elected

delegates at the commencement of working sessions:

(i)  Procedure.

(ii)  Conduct of delegates, including censure,

suspension or removal.

(2)  The committee shall be authorized to do all of the

following, when required for the conduct of the business of

the convention:

(i)  Lease or otherwise obtain suitable meeting and

office space and to purchase or lease supplies,

equipment, publications and other material necessary for

the work of the convention.

(ii)  Hire or engage staff necessary for the work of

the convention.

(iii)  Initiate relevant studies through its own

personnel or in cooperation with any public or private

agencies.

(iv)  Hold public hearings.

(v)  Enter into contracts.

(vi)  Receive from the Commonwealth agencies and

political subdivisions and local agencies assistance

necessary or desirable to carry out properly the powers

and duties under this subsection.

(vii)  Submit a budget and additional reports to the

General Assembly in sufficient time for the General

Assembly to pass any necessary appropriation act required

by section 15, as needed.

(d)  Sessions.--The following shall apply:

(1)  The organizational session shall be adjourned no

later than 5 p.m. on December 3, 2009.

(2)  Working sessions of the convention shall commence on

January 11, 2010.

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

die no later than September 14, 2010.

Section 9.  Function.

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

thirds of its elected delegates on final passage, to make

recommendations to the electorate on all subjects contained

within the Constitution of Pennsylvania except for those

contained within Article I of the Constitution of Pennsylvania,

pertaining to the Declaration of Rights.

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

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

addition, deletion, division, transfer, continuation without

change and implementation schedules.

Section 10.  Manner of submitting proposals to electorate.

(a)  Convention.--The following shall apply:

(1)  The recommendations of the convention shall be

submitted to the electorate as determined by the convention.

(2)  The convention shall frame the ballot question or

questions.

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

question or questions shall be certified by the president and

secretary of the convention to the secretary by September 28,

2010.

Section 11.  Submission to electorate.

(a)  Secretary.--The following shall apply:

(1)  The secretary shall publish the Constitution of

Pennsylvania showing the changes proposed by the convention

and any address to the people by the convention, in

convenient printed form and in convenient digital form at the

earliest time practicable after certification.

(2)  The secretary shall advertise the proposals and

address of the convention in at least two newspapers of

general circulation in every county once during the second

week of October 2010 and once during the fourth week of

October 2010.

(3)  The secretary shall send a sufficient number of

copies of the printed publication under paragraph (1) to each

county board to satisfy the requirements of subsection (b).

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

a copy of the publication under paragraph (1).

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

publication under subsection (a)(1) available at each polling

place in a quantity equal to the number of voting booths,

terminals or stations at that polling place.

(c)  Election.--The following shall apply:

(1)  The recommendations of the convention shall be

submitted to the electors for their approval or rejection at

the general election in November 2010.

(2)  A majority affirmative vote of the electors casting

votes on the ballot question or questions certified under

section 10(b) 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 within three weeks of the general election in

November 2010.

Section 12.  Lobbying.

(a)  Delegates.--The following shall apply:

(1)  Direct lobbying of individual delegates by

organizations or individuals registered as lobbyists within

this Commonwealth on the effective date of this section and

for the duration of the convention, other than meetings

between individual electors of a senatorial district and the

delegate or delegates representing the same district, shall

be prohibited.

(2)  No delegate shall accept any gift, meal, service or

other benefit, or any promise of such in the future, offered

by any party in an effort to influence the outcome of the

convention.

(b)  Convention.--The following shall apply:

(1)  Lobbyists prohibited from lobbying delegates in

subsection (a)(1) shall be permitted to lobby the convention

as a whole by the following methods:

(i)  Providing printed reference materials in

quantities sufficient for distribution to all elected

delegates, subject to any pertinent policies adopted by

the convention.

(ii)  Providing printed and oral testimony at a

hearing before any committee or subcommittee of the

convention, subject to any pertinent policies adopted by

the convention.

(iii)  Providing printed reference materials to

committees or subcommittees of the convention in

quantities sufficient for distribution to all elected

delegates, subject to any pertinent policies adopted by

the convention.

(2)  The convention shall not accept, on behalf of its

delegates, any gift, meal, service or other benefit, or any

promise of such in the future, offered by any party in an

effort to influence the outcome of the convention.

Section 13.  Convention open to public.

Sessions of the convention as a whole and all meetings of its

committees and subcommittees shall be open to the public.

Section 14.  Judicial immunity.

Provided no portion of the resultant Constitution of

Pennsylvania, duly proposed by the convention and adopted by the

electorate according to the provisions of this act, is found to

be in violation of the Constitution of the United States, no

court of this Commonwealth shall have the authority to overturn

its provisions.

Section 15.  Appropriation.

If the question in section 3(a) is approved by the

electorate, the sum of $20,000,000 shall be transferred from the

nonlapsing leadership accounts of the General Assembly, in four

equal contributions by the majority and minority caucuses of the

Senate and the House of Representatives, to carry out the

provisions of this act. Further sums required by the convention

to perform its duties, contributed in similar fashion, shall be

provided upon request by the convention in accordance with

section 8(c)(2)(vii).

Section 16.  Effective date.

This act shall take effect as follows:

(1)  Section 15 of this act shall take effect upon

publication of the notice under section 3(c).

(2)  The remainder of this act shall take effect

immediately.