THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY FOLMER, SOLOBAY, RAFFERTY, EICHELBERGER, ERICKSON AND BREWSTER, APRIL 8, 2011

REFERRED TO STATE GOVERNMENT, APRIL 8, 2011  

AN ACT

Providing for a citizens' constitutional convention, for a

referendum on the question, 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

Lieutenant Governor, the Secretary of the Commonwealth, the

Chief Justice of the Supreme Court, certain judges of the

Commonwealth Court, the State Treasurer, the Auditor General,

the Attorney General, officers of the General Assembly, the

Pennsylvania Historical and Museum Commission and county

election boards, providing for a referendum on the

convention's report; imposing penalties for violations of the

act; and making an appropriation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

TABLE OF CONTENTS

Section 1.  Short title.

Section 2.  Definitions.

Section 3.  Referendum.

Section 4.  Membership.

Section 5.  Nomination of elected delegates and withdrawals.

Section 6.  Delegates.

Section 7.  Vacancies.

Section 8.  Delegate candidate campaign finance.

Section 9.  Convention Communications Commission.

Section 10.  Organization of convention and sessions.

Section 11.  Function.

Section 12.  Manner of submitting proposals to electorate.

Section 13.  Submission to electorate.

Section 14.  Lobbying.

Section 15.  Convention open to public.

Section 16.  Immunity from judicial review.

Section 17.  Penalties.

Section 18.  Appropriation.

Section 19.  Severability.

Section 30.  Effective date.

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:

"Candidate."  An individual seeking to become an elected

delegate to the convention.

"Commission."  The Convention Communications Commission.

"Convention."  The citizens' constitutional convention.

"County board."  A county board of elections.

"Delegate."  An elected or alternate delegate to the

convention.

"Elected delegate."  A delegate elected to the convention

under section 4(a) or a person filling a vacancy under section

7(b).

"Lobbying firm."  As defined under 65 Pa.C.S. § 13A03

(relating to definitions.)

"Lobbyist."  A lobbyist required to register under 65 Pa.C.S.

§ 13A04 (relating to registration.)

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

or appointed by a governmental body or an appointed official in

the executive, legislative or judicial branch of the

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 political subdivisions.

"Secretary."  The Secretary of the Commonwealth of

Pennsylvania.

Section 3.  Referendum.

(a)  Question.--At the municipal election on November 8,

2011, the following question shall be submitted to the

electorate of this Commonwealth to determine its will regarding

the creation of the 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 all Articles of the Constitution of the

Commonwealth of Pennsylvania except Article I, pertaining to

the Declaration of Rights?

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

the county board in each county within this Commonwealth. 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.--The secretary shall certify the results of

the election and, if a majority of the electors casting votes on

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

transmit notice of the vote to the Legislative Reference Bureau

for publication as a notice in the Pennsylvania Bulletin, by

November 22, 2011.

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

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

convention shall be called by the Governor.

Section 4.  Membership.

(a)  Delegates.--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. 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 and the candidate receiving the sixth-highest

number of votes shall be the third alternate delegate.

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

qualifications:

(1)  Be 25 years of age or older prior to November 8,

2011.

(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 the delegate's term of service.

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

this section nor during the delegate's term of service.

(6)  Not be a lobbyist on the effective date of this

section nor during the delegate's term of service.

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

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

during the delegate's term of service, calculated on a pro rata

basis and payable monthly.

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

reimbursement for the following expenses:

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

performance of the delegate's duties during the delegate's

term of service, documented, reported and payable monthly at

the applicable Federal rate, including commuting mileage.

(2)  Sums expended on other modes of ground

transportation in the performance of the delegate's duties

during the delegate's term of service, documented, reported

and payable monthly, including commuting expenses.

(3)  Sums paid for overnight lodging required for the

convenience of delegates traveling more than 50 miles from

the delegate's residence in the performance of the delegate's

duties during the delegate's term of service, documented,

reported and payable monthly.

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

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

on September 30, 2012, with the following exceptions:

(1)  The terms of delegate members of the preparatory

committee who are not members of the preparatory committee's

communications subcommittee shall expire on October 31, 2012.

(2)  The terms of delegate members of the preparatory

committee who are members of the preparatory committee's

communications subcommittee shall expire on December 31,

2012.

(f)  Immunity.--Except as provided under section 17, the

following shall apply:

(1)  A delegate shall, except for 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.

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

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

service, be appointed to or hold any civil or other office

under this Commonwealth to which a salary, fee or perquisite

is attached.

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

office under the United States or the Commonwealth to which a

salary, fee or perquisite is attached shall be a delegate

during his continuance in office. This paragraph does not

apply to an attorney at law or a member of the National Guard

or a reserve component of the armed forces of the United

States.

(3)  An elected delegate shall be prohibited from serving

as a public official for a period of two years after his term

of service expires.

(4)  An elected delegate shall be prohibited from

registering as a lobbyist for any purpose within this

Commonwealth and shall be prohibited from serving as an

officer or principal of any lobbying firm registered within

this Commonwealth for a period of two years after his term of

service expires.

Section 5.  Nomination of elected delegates and withdrawals.

(a)  Nomination.--Candidates for delegate 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 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 his city, borough or

township of residence, as applicable, along with street

and number, and that he is a qualified elector of the

senatorial district. The signature must be dated.

(iii)  A petition shall not be circulated prior to

August 16, 2011. A signature shall not be counted unless

it bears a date later than August 15, 2011.

(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 an 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 the city,

borough or township, as applicable, along with street

and number.

(C)  That the signers to the petition signed with

knowledge of the content of the petition.

(D)  That the residences of the signers are

correctly stated.

(E)  That each signer resides in the senatorial

district named in the affidavit.

(F)  That each signer signed on the date set

forth.

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

and belief, the signers are qualified electors of the

senatorial district.

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

secretary by 5 p.m. on September 6, 2011. The candidate must

pay a filing fee of $100 by certified check or money order.

(b)  Affidavit.--A candidate must file with the office of the

secretary, by 5 p.m. on September 6, 2011, 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 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(b).

(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 6, 2011.

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

follows:

(1)  Make a request in writing, 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 13, 2011.

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

the nominees to each county board as provided by law no later

than September 20, 2011.

(f)  Secretary.--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.  Delegates.

Elections for delegates shall be held at the municipal

election on November 8, 2011. The ballot shall not indicate the

political party, if any, of a candidate. The secretary shall

forward to each county election 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 under 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 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 senatorial

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; and the candidate receiving the

sixth-highest number of votes shall be the third 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)  Each county board shall, by November 22, 2011,

certify the return of the election for all delegates to the

secretary.

(5)  The secretary shall, by November 29, 2011, 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 20, 2011, that candidate's name shall be

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

candidate on or after September 20, 2011, 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 delegate is unable to serve, the second

alternate delegate shall become the elected delegate; if the

second alternate delegate is unable to serve, the third

alternate delegate shall become the elected delegate. If no such

alternate delegate is available to fill a vacancy, the remaining

elected delegates from the same senatorial 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.  Delegate candidate campaign finance.

(a)  Reporting.--Candidates for delegate to the convention

may comply with the Commonwealth's existing campaign finance

reporting law either as an individual or with the assistance of

an authorized candidate's campaign committee, but not both.

(b)  Isolated committees.--No existing political committee

shall be converted to a candidate's campaign committee, nor

shall any authorized candidate's campaign committee or funds be

used for any purpose other than influencing the election for

delegates to the convention, or influencing the outcome of the

referendum question in section 3(a).

(c)  Contributions and loans.--No candidate for delegate to

the convention, or delegate candidate's campaign committee,

shall accept financial or in-kind contributions or loans from

any entity other than an individual residing within the

senatorial district for which the candidate is vying to

represent at the convention.

(d)  Limits.--No candidate for delegate to the convention, or

delegate candidate's campaign committee, shall accept financial

or in-kind contributions or loans totaling more than $1,000 in

aggregate from any individual, including the delegate candidate.

(e)  Expenditures.--A delegate candidate's campaign committee

shall not make any contributions, financial or in-kind, to any

other delegate candidate, delegate candidate's campaign

committee or other political candidate or committee.

(f)  Cost sharing.--Delegate candidates or their campaign

committees may pool or share expenses with other delegate

candidates or their campaign committees, provided that such

expenses shall be divided equitably and duly reported by all

involved entities.

(g)  Residual funds.--Delegate candidates or their campaign

committees in possession of residual campaign funds as of

December 31, 2011, shall:

(1)  Transmit such funds to the convention on or before

January 31, 2012, if the electorate approves the question in

section 3(a).

(2)  Distribute such funds to a charity registered with

the Bureau of Charitable Organizations or return them, pro

rata, to the contributors on or before January 31, 2012, if

the electorate does not approve the question in section 3(a).

Section 9.  Convention Communications Commission.

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

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

Governor shall form a Convention Communications Commission upon

publication of the notice under section 3(c).

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

(1)  The commission shall establish a system of recording

and documenting all activities of the convention, its

committees and delegates during the performance of the

delegates' official duties, to include:

(i)  stenography or transcription, or both, posted on

the Internet as soon as practicable;

(ii)  live television, radio and Internet broadcast

of all committee meetings and votes of any kind of the

convention; and

(iii)  live or recorded television, radio and

Internet broadcast of committee meetings.

(2)  The commission shall develop and establish a fully

searchable database for collection and storage of all

testimony and transcripts of preconvention public hearings

conducted by the delegates, and provide direction to

delegates regarding the transmission of such materials and

delegate summaries to the commission.

(3)  The commission shall develop and establish a fully

searchable unified online presence for the convention, its

committees and delegates, to include:

(i)  Public access to all video, audio and

transcriptions of convention sessions and committee

meetings.

(ii)  Public access to timely updates of the journals

of the convention, hyperlinked to all relevant video,

audio, debate transcriptions and committee reports.

(iii)  Public access to all committee reports, hyper-

linked to all relevant video, audio, testimony and

committee meeting transcripts.

(iv)  Public access to all preconvention materials

provided to the delegates by the convention's preparatory

committee.

(v)  Public access to the database created for the

purpose of collection and storage of all preconvention

public hearings conducted by the delegates.

(vi)  Public access to a directory of all delegates,

including biographical information.

(vii)  Public access to a directory of all personnel

hired or contracted by the commission and the convention.

(viii)  Public access to any documents required by

law to be made public when treating the convention as an

agency of the Commonwealth.

(ix)  Dedicated e-mail addresses for all delegates,

employees and contractors.

(x)  A publicly viewable forum for each senatorial

district, where residents within that senatorial district

may register and login in a secure manner in order to

post their views and opinions regarding the convention's

proceedings and publicly communicate with their

delegates.

(4)  The commission shall consult with the Pennsylvania

Historical and Museum Commission with respect to best

practices regarding the creation, maintenance and

preservation of permanent archives of all convention

activities, documents and records.

(c)  Oversight.--The Governor shall oversee the commission

until such time as the convention assumes oversight in

accordance with section 10(c)(2).

(d)  Funding.--The commission shall be funded from the

appropriation under section 18(1), subject to oversight by the

State Treasurer until the convention assumes oversight in

accordance with section 18(2).

(e)  Termination.--The commission shall terminate and cease

active operations no later than December 31, 2012.

(f)  Post-termination.--All materials pertaining to the

convention shall be transferred to the Pennsylvania Historical

and Museum Commission for preservation on or before December 31,

2012. The Pennsylvania Historical and Museum Commission shall

maintain all records relating to the convention for a period of

no less than 50 years.

Section 10.  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 6, 2011,

at 12 p.m.

(2)  The Governor shall call the convention to order.

(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

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 the Commonwealth of Pennsylvania, that I

will abide by the limitations and requirements of the

Citizens' Constitutional Convention Act of 2011, that I

will neither make nor attempt to make changes to Article

I of the Pennsylvania Constitution 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 preparatory

committee shall also include the Majority Leader of the

Senate, the Minority Leader of the Senate, the Majority

Leader of the House of Representatives, the Minority Leader

of the House of Representatives, the State Treasurer and the

Auditor General.

(4)  The convention shall elect from among its elected

delegates 12 members to serve on a judicial committee. The

judicial committee shall also include the Lieutenant Governor

and three judges of the Commonwealth Court, appointed by the

Chief Justice of the Supreme Court.

(5)  No elected delegate shall serve on both the

preparatory committee and the judicial committee. 

(6)  The convention shall organize ten committees to

separately address each Article of the Constitution of the

Commonwealth of Pennsylvania subject to the scope of the

convention.

(7)  The convention shall organize a committee on

arrangement, submission and address to the people.

(c)  Duties of the preparatory committee.--The preparatory

committee shall:

(1)  Recommend procedural rules for the convention,

subject to adoption by a majority of the elected delegates at

the commencement of working sessions.

(2)  Establish a communications subcommittee, consisting

of the elected officers of the convention and three other

delegate members of the preparatory committee, to assume

oversight of the Commission until termination.

(3)  Establish guidelines to direct the elected delegates

in scheduling and conducting preconvention public hearings.

(4)  Assemble documents, manuals and reference materials

it deems useful in preparing the delegates for a convention

and disseminate a uniform collection of such items in printed

form to each delegate and in a form useful to the commission

as soon as practicable.

(5)  Be authorized to do all of the following, when

required for the conduct of the convention's business:

(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

personnel or in cooperation with any public or private

agencies.

(iv)  Hold public hearings.

(v)  Enter into contracts.

(vi)  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.

(vii)  Summit a budget and additional reports to the

General Assembly in sufficient time for the General

Assembly to pass any necessary appropriation acts

required by section 18(3), as needed.

(d)  Duties of the judicial committee.--The judicial

committee shall recommend:

(1)  Rules regarding the conduct of delegates, including

censure, suspension or removal, subject to adoption by a

majority of the elected delegates at the commencement of

working sessions.

(2)  A system to review and hear complaints from

delegates and citizens regarding violations of this act and,

when deemed necessary, for referral of such complaints to the

Attorney General for further investigation, subject to

adoption by a majority of the elected delegates at the

commencement of working sessions.

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

(1)  The organizational session shall be adjourned no

later than 5 p.m. on December 8, 2011.

(2)  Elected delegates shall schedule and hold public

hearings during the month of January 2012 to hear and collect

testimony from citizens and experts regarding the upcoming

convention and its proceedings. In conducting such hearings,

the following shall apply:

(i)  No fewer than four hearings shall be held in

each senatorial district.

(ii)  The three elected delegates from each

senatorial district shall rotate chairmanship of the

hearings in their district.

(iii)  Testimony shall be accepted in written or

verbal form. Written testimony shall also be submitted in

electronic form when possible.

(iv)  Transcriptions and testimony provided at the

hearings shall be transmitted to the commission for

publication as soon as practicable.

(v)  Elected delegates shall provide a unified

aggregate summary of their public hearings for

transmission to the commission as soon as practicable,

but no later than February 1, 2012, upon conclusion of

the public hearings in their senatorial district.

(3)  Working sessions of the convention shall commence on

February 6, 2012.

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

die no later than September 11, 2012.

Section 11.  Function.

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

thirds majority of elected delegates present on final passage,

to make recommendations to the electorate on all subjects

contained within the Constitution of the Commonwealth of

Pennsylvania except for those contained within Article I,

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 12.  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 with drafting assistance from the Legislative

Reference Bureau.

(b)  Certification.--The president and secretary of the

convention shall certify the constitutional changes proposed and

the ballot question or questions to the secretary by September

25, 2012.

Section 13.  Submission to electorate.

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

(1)  The secretary shall publish the Constitution of the

Commonwealth 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 no fewer than one newspaper of

general circulation in each 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 amount 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 board.--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 on November 6, 2012.

(2)  A majority affirmative vote of the electors casting

votes on the ballot question or questions certified under

section 12(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 27, 2012.

Section 14.  Lobbying.

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

(1)  Direct lobbying of delegates by entities or persons

registered as paid lobbyists within the Commonwealth on the

effective date of this act or during 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)  Entities and persons prohibited from lobbying

delegates in subsection (a)(1) shall be permitted to lobby

the convention as a whole only by the following methods:

(i)  Providing printed and electronic reference

materials in quantities sufficient for distribution to

all elected delegates and the commission, subject to any

pertinent policies adopted by the convention.

(ii)  Providing printed and electronic or oral

testimony, or both, at a hearing before any committee or

subcommittee of the convention, subject to any pertinent

policies adopted by the convention.

(iii)  Providing printed and electronic reference

materials to committees or subcommittees of the

convention in quantities sufficient for distribution to

all elected delegates and the commission, 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.

(c)  Definitions.--As used in this section, the definitions

of 65 Pa.C.S. § 1102 (relating to definitions) and 65 Pa.C.S Ch.

13A (relating to lobbying disclosure) shall apply unless the

context clearly indicates otherwise.

Section 15.  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 16.  Immunity from judicial review.

Provided no portion of the resultant Constitution of the

Commonwealth 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 17.  Penalties.

(a)  Jurisdiction.--The Attorney General shall have original

jurisdiction over matters pertaining to this act and shall

develop a system for timely response to complaints and inquiries

from citizens, the convention's judicial committee and other

entities.

(b)  Delegate candidates.--Any person, who while a candidate

for delegate or while an elected or alternate delegate, or whose

delegate candidate's campaign committee shall be guilty of

bribery, fraud or willful violation of any provision of section

8 of this act, shall forever be disqualified from holding the

office of delegate to the convention and from any other public

office, and shall forever be prohibited from registering as a

lobbyist within this Commonwealth for any purpose.

(c)  Delegate oath.--Any person who, while an elected

delegate, proposes changes to Article I of the Constitution of

the Commonwealth of Pennsylvania to the convention, shall be

fined not less than $25,000, shall be subject to imprisonment

for a term of not less than one year, shall forever be

disqualified from holding the office of delegate to the

convention and from any other public office, and shall forever

be prohibited from registering as a lobbyist within this

Commonwealth for any purpose.

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

(1)  Any lobbying entity, registered within this

Commonwealth on the effective date of this act or during the

duration of the convention, which shall be guilty of bribery,

fraud or willful violation of any provision of section 14(a),

shall be fined not less than $100,000, shall forfeit all

assets to the Commonwealth and shall forever be prohibited

from registering as a lobbying entity within this

Commonwealth for any purpose. All individuals of any such

organization who are convicted shall be fined not less than

$25,000, shall be subject to imprisonment for a term of not

less than one year, shall forever be prohibited from

registering as a lobbyist within this Commonwealth for any

purpose and shall forever be disqualified from holding any

public office.

(2)  Any person, registered as a lobbyist within this

Commonwealth on the effective date of this section or during

the duration of the convention, who shall be guilty of

bribery, fraud or willful violation of section 14(a), shall

be fined not less than $25,000, shall be subject to

imprisonment for a term of not less than one year, shall

forever be prohibited from registering as a lobbyist within

this Commonwealth for any purpose and shall forever be

disqualified from holding any public office.

(e)  Public Officials.--The following shall apply:

(1)  A public official assigned duties by this act, who

shall be guilty of willful failure to perform such duties,

shall be fined not less than $25,000, shall be subject to

imprisonment for a term of not less than one year, shall

forever be disqualified from holding any public office and

shall forfeit all pension benefits funded by public moneys.

(2)  A public official, not assigned duties by this act,

who shall be guilty of bribery, fraud or willful violation of

any provision of this act, shall be fined not less than

$10,000, shall be subject to imprisonment for a term of not

less than one year, shall forever be disqualified from

holding any public office and shall forfeit all pension

benefits funded by public moneys.

(f)  Other persons.--Any person who shall be guilty of

bribery, fraud or willful violation of section 14(b)(2) shall be

fined not less than $10,000, shall be subject to imprisonment

for a term of not less than six months, shall forever be

prohibited from registering as a lobbyist within this

Commonwealth for any purpose and shall forever be disqualified

from holding any public office.

Section 18.  Appropriation.

The following shall apply:

(1)  If the electorate approves the question in section

3(a), the sum of $25,000,000 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

the control of the State Treasurer for the purpose of

initially funding the requirements of this act. 

(2)  The convention's preparatory committee shall assume

control of the initial appropriation when it deems

appropriate.

(3)  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

10(c)(5)(vii).

Section 19.  Severability.

The following shall apply:

(1)  If the limitation in section 11(a), excluding

Article I of the Constitution of the Commonwealth of

Pennsylvania from the scope of the convention, is held

invalid, the entire act shall be invalid.

(2)  If any other provision of this act or the

application thereof to any person or circumstance is held

invalid, the validity of the remainder of this act and the

application of such provisions to other persons and

circumstances shall not be affected thereby.

Section 30.  Effective date.

This act shall take effect as follows:

(1)  Section 18 shall take effect upon publication of the

notice under section 3(c).

(2)  The remainder of this act shall take effect

immediately.