THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CONKLIN, BRENNAN, CALTAGIRONE, CARROLL, DALEY, DePASQUALE, GIBBONS, HORNAMAN, MIRABITO, MULLERY, MUNDY, MURT AND READSHAW, FEBRUARY 24, 2011

REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 24, 2011  

AN ACT

Providing for a Citizens Constitutional Convention, for a

referendum on the question and for the selection 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, and the Chief Justice of the Supreme Court;

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.  Organization of convention and sessions.

Section 6.  Function.

Section 7.  Manner of submitting proposals to electorate.

Section 8.  Submission to electorate.

Section 9.  Lobbying.

Section 10.  Convention open to public.

Section 11.  Judicial immunity.

Section 12.  Appropriation.

Section 13.  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 Act of 2011.

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:

"Committee."  The preparatory committee established under

this act.

"Convention."  The Citizens Constitutional Convention

authorized by this act.

"Delegate."  A citizen of this Commonwealth who is selected

to serve at the convention or as an alternate to the convention.

"Independent entity."  A corporation, partnership,

institution of higher learning, or other entity that does not

receive funds from the Commonwealth either directly or

indirectly and that does not seek to influence the passage of

legislation or regulations by the Commonwealth either directly

or indirectly.

"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 general election on November 8, 2011,

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

2011 to prepare for submission to the electorate proposals

for the revision of the Constitution of Pennsylvania?

(1)  If a Constitutional Convention is authorized by this

referendum, shall the delegates be permitted to recommend

changes to Article I, the Declaration of Rights?

(2)  If a Constitutional Convention is authorized by this

referendum, shall the delegates be permitted to recommend

changes to Article II, the Legislature?

(3)  If a Constitutional Convention is authorized by this

referendum, shall the delegates be permitted to recommend

changes to Article III, Legislation?

(4)  If a Constitutional Convention is authorized by this

referendum, shall the delegates be permitted to recommend

changes to Article IV, the Executive?

(5)  If a Constitutional Convention is authorized by this

referendum, shall the delegates be permitted to recommend

changes to Article V, the Judiciary?

(6)  If a Constitutional Convention is authorized by this

referendum, shall the delegates be permitted to recommend

changes to Article VI, Public Officers?

(7)  If a Constitutional Convention is authorized by this

referendum, shall the delegates be permitted to recommend

changes to Article VII, Elections?

(8)  If a Constitutional Convention is authorized by this

referendum, shall the delegates be permitted to recommend

changes to Article VIII, Taxation and Finance?

(9)  If a Constitutional Convention is authorized by this

referendum, shall the delegates be permitted to recommend

changes to Article IX, Local Government?

(10)  If a Constitutional Convention is authorized by

this referendum, shall the delegates be permitted to

recommend changes to Article X, Private Corporations?

(11)  If a Constitutional Convention is authorized by

this referendum, shall the delegates be permitted to

recommend changes to Article XI, Amendments?

(b)  Referendum.--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, including any

prohibitions under subsection (a)(1) through (11), 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.--Within seven days of the approval of the

question set forth in section 3(a), the secretary shall issue a

request for proposals from independent entities for the purposes

of:

(1)  determining a system for selecting delegates to the

Constitutional Convention that will result in a body of no

fewer than 150 nor more than 200 delegates who, in the

aggregate, accurately represent the citizenry of this

Commonwealth geographically, demographically and

economically: and

(2)  managing the Constitutional Convention as required

by section 5(c), including the operation of the convention,

communications with the public, and creating the official

record of the convention beginning with introduction of this

act and ending within six months of the referendum where

citizens accept or reject the convention's recommendations.

Within 30 days of the approval of the question set forth in

section 3(a), the secretary shall award a contract to an

independent entity for the purpose of delegate selection and

convention management. Any subcontractors the independent entity

will employ must be disclosed in its proposal to the secretary

and must be subject to the same criteria as those applied to the

independent entity defined in section 2. Within 120 days of the

approval of the question set forth in section 3(a), the

independent entity shall select delegates and alternate

delegates in accordance with the proposal submitted to the

secretary and shall publish for the delegates and the public

proposed rules of procedure for the convention.

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

qualifications:

(1)  Be at least 18 years of age prior to November 8,

2011.

(2)  Have been a citizen and resident of this

Commonwealth for at least four years before the election.

(3)  Reside in the geographic area the delegate

represents during the delegate's term of service.

(d)  Salary.--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.--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 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.

(4)  All documentation used to reimburse delegates for

eligible expenses shall be public records. Access to, and

copies of, the records shall be without cost to the

requester.

(f)  Terms of service.--Terms of service for delegates shall

commence on the date of their oath of office. Terms shall expire

30 days following publication of the recommendations authorized

by the delegates to the convention.

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

(1)  No delegate shall, during his or her 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)  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.  Organization of convention and sessions.

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

(1)  The convention's delegates shall convene in the Hall

of the House of Representatives on April 2, 2012, at 12 noon.

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

Governor.

(3)  The Chief Justice of the Supreme Court shall

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 referendum conducted

pursuant to the Citizens Constitutional Convention Act of

2011, and that I will discharge my duties with fidelity.

(5)  Each 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 delegates

a president, first vice-president, second vice-president and

a secretary.

(3)  The convention shall organize one committee for each

article of the Constitution of Pennsylvania subject to the

scope of the convention.

(4)  The convention shall organize a committee on

arrangement, submission and address to the people.

(c)  Duties of independent entity.--The following shall

apply:

(1)  The independent entity shall prescribe rules for all

of the following, subject to adoption by a majority of the

delegates at the commencement of working sessions:

(i)  Procedure.

(ii)  Conduct of delegates, including censure,

suspension or removal.

(2)  The independent entity 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)  Initiate relevant studies through its own

personnel or in cooperation with any public or private

agencies.

(iii)  Hold public hearings.

(iv)  Enter into contracts.

(v)  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.

(vi)  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 12, as needed.

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

(1)  The organizational session shall be adjourned no

later than 5 p.m. on April 4, 2012.

(2)  Working sessions of the convention shall commence on

May 1, 2012.

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

die no later than August 2, 2012.

Section 6.  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

prohibited by the citizens through the referendum conducted

pursuant to section 3(a).

(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 7.  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 30,

2011.

Section 8.  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 2012 and once during the fourth week of

October 2012.

(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 municipal election on November 6, 2012.

(2)  A majority affirmative vote of the electors casting

votes on the ballot question or questions certified under

section 7(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 by November 29, 2012.

Section 9.  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 act and for

the duration of the convention, other than meetings between

individual electors of a geographic area and the delegate or

delegates representing the same geographic area, 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. Both the offer and acceptance of such a gift,

meal, service or other benefit shall constitute a felony of

the first class.

(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, all of which shall be

public documents and shall be readily available on the

Internet site that documents the convention:

(i)  Providing printed reference materials in

quantities sufficient for distribution to all 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 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. Both the

offer and acceptance of such a gift, meal, service or other

benefit shall constitute a felony of the first class.

Section 10.  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, shall

be recorded in electronic form and shall be made available as

promptly as possible on the Internet at a site dedicated

exclusively to the work of the convention.

Section 11.  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 12.  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 5(c)(2)(vi).

Section 13.  Effective date.

This act shall take effect as follows:

(1)  Section 12 of this act shall take effect upon

publication of the notice provided for in section 3(c).

(2)  The remainder of this act shall take effect

immediately.