PRINTER'S NO. 534
No. 475 Session of 1991
INTRODUCED BY SCHEETZ, HERMAN, LANGTRY, BROUJOS, DENT, FAIRCHILD, BUNT, SAURMAN, TRELLO, NICKOL, LEH, PHILLIPS, ARMSTRONG, ARNOLD AND KREBS, MARCH 11, 1991
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 11, 1991
AN ACT 1 Providing for a constitutional convention with limited powers; 2 providing for a referendum on the question; providing for the 3 selection, nomination and election of delegates; defining the 4 powers and duties of the convention; providing for its 5 operation; conferring powers and imposing duties on the 6 Governor, the Secretary of the Commonwealth, officers of the 7 General Assembly and county election boards; providing for a 8 referendum on the convention's report; and making an 9 appropriation. 10 The General Assembly of the Commonwealth of Pennsylvania 11 hereby enacts as follows: 12 Section 1. Referendum. 13 At the primary election in April 1992, the following question 14 shall be submitted to the electorate of the Commonwealth to 15 determine its will regarding a constitutional convention with 16 limited powers: 17 Shall a constitutional convention be called in accordance 18 with and subject to limitations and requirements 19 contained in Act No. of the Session of the General 20 Assembly, to prepare, for submission to the electorate, 21 proposals for the revision of Articles II, III and V as
1 provided in section 7(b) of Act No. of the Session 2 of the General Assembly. 3 The county board of elections in each county shall print in 4 bound form separate official ballots in sufficient numbers to 5 furnish to the election officers in each election district of 6 the county, one ballot to be supplied to each voter at the 7 primary election and also specimen ballots equal in number to 8 one-fifth of the official ballots. In districts where voting 9 machines are used, the question may appear on the face of the 10 machine where the machine is properly equipped for such purpose; 11 otherwise, a separate printed ballot shall be used. The results 12 of such election shall be tabulated by the proper election 13 officers of each county and duly certified to the Secretary of 14 the Commonwealth. 15 Section 2. Convention; membership; qualifications; vacancies. 16 (a) Convention.--If a majority of the electors voting upon 17 the question favor the holding of a constitutional convention 18 with limited powers, a convention shall be called by the 19 Governor. It shall consist of 163 members. Three district 20 delegates shall be elected from each senatorial district, all as 21 hereinafter provided. Each elector in each such district may 22 vote for not more than two candidates for the office of 23 delegate. The three candidates receiving the highest number of 24 votes shall be elected to the office of delegate. In addition, 25 the Lieutenant Governor, the President pro tempore of the 26 Senate, the Majority Leader of the Senate, the Majority Whip of 27 the Senate, the Minority Leader of the Senate, the Minority Whip 28 of the Senate, the Minority Caucus Chairman of the Senate, the 29 Speaker of the House of Representatives, the Majority Leader of 30 the House of Representatives, the Majority Whip of the House of 19910H0475B0534 - 2 -
1 Representatives, the Minority Leader of the House of 2 Representatives, the Minority Whip of the House of 3 Representatives and the Minority Caucus Chairman of the House of 4 Representatives shall be members ex officio of the convention 5 and shall have the powers of elected delegates. 6 (b) Delegates.--Delegates shall be 21 years of age or older 7 and shall have been citizens and residents of this Commonwealth 8 for at least four years. Delegates shall have resided in and 9 been registered electors of their respective senatorial 10 districts one year next before their election, and shall reside 11 in their respective senatorial districts during their terms of 12 service. 13 (c) Vacancies.--In case of a vacancy in the office of 14 delegate occurring after the municipal election, if the member 15 is an ex officio member, the vacancy shall be filled by the 16 person assuming such office; if the member was nominated in 17 accordance with section 3(a), the remaining delegates of that 18 political party shall elect a successor meeting the 19 qualifications prescribed in subsection (b), and if the member 20 was nominated in accordance with section 3(b), all the remaining 21 delegates shall elect a successor meeting the qualifications 22 prescribed in subsection (b). 23 Section 3. Nomination of delegates; withdrawals. 24 (a) General rule.--The county committee or committees of 25 each political party in each senatorial district shall 26 collectively nominate two candidates for the office of delegates 27 in accordance with party rules and the names of the nominees 28 shall be submitted to the Secretary of the Commonwealth who 29 shall certify the names of the nominees to the county board of 30 elections as provided by law not later than 60 days preceding 19910H0475B0534 - 3 -
1 the general election in 1992. 2 (b) Petition.--Subject to the limitations upon the number in 3 this act applicable to political parties, candidates may also be 4 nominated by political bodies by petition in the form prescribed 5 by the Secretary of the Commonwealth and shall be signed by at 6 least 500 qualified electors of the senatorial district. 7 (c) Filing of petitions.--Such petitions shall be filed in 8 the office of the Secretary of the Commonwealth not later than 9 September 15, 1992. A filing fee of $25 shall be paid by each 10 candidate to the Secretary of the Commonwealth by certified 11 check or money order. 12 (1) Any elector may sign not more than two nomination 13 petitions for delegate to represent his district. Every 14 signer of a nomination petition shall state his occupation 15 and residence, giving city, borough or township, with street 16 and number, if any, and that he is a qualified elector of the 17 district named, and shall add the date of signing, expressed 18 in words or numbers. No nomination petition shall be 19 circulated prior to 20 days before the last day on which said 20 petition may be filed, and no signature shall be counted 21 unless it bears date within 20 days of the last day of filing 22 the same. 23 (2) Nomination petitions may be on one or more sheets 24 and different sheets must be used for signers resident in 25 different counties. If more than one sheet is used, they 26 shall be bound together when offered for filing if they are 27 intended to constitute one petition, and each sheet shall be 28 numbered consecutively at the foot of each page beginning 29 with number one. 30 (3) Each sheet shall have appended thereto the affidavit 19910H0475B0534 - 4 -
1 of the person who circulated it setting forth: 2 (i) that such person is a qualified elector of the 3 senatorial district named in the petition; 4 (ii) his or her residence giving city, borough or 5 township, with street and number, if any; 6 (iii) that the signers thereto signed with 7 foreknowledge of the contents of the petition; 8 (iv) that their respective residences are correctly 9 stated therein; 10 (v) that each signer resides in the district named 11 in the affidavit; 12 (vi) that each signed on the date set opposite his 13 name; and 14 (vii) that to the best of affiant's knowledge and 15 belief the signers are qualified electors of the 16 district. 17 (d) Affidavits.--Each candidate for delegate shall file with 18 the Secretary of the Commonwealth an affidavit stating: 19 (1) his residence with street and number, if any, and 20 his post office address; 21 (2) that he is eligible for the office of delegate to 22 the constitutional convention; 23 (3) that, if elected, he will faithfully observe the 24 limitations and requirements imposed upon the convention by 25 this act; and 26 (4) that he has been a citizen and resident of this 27 Commonwealth for at least four years and has been a 28 registered elector in the district which he seeks to 29 represent for at least one year. 30 (e) Withdrawal.--Any candidate for election as a delegate to 19910H0475B0534 - 5 -
1 the convention may withdraw his name as a candidate by a request 2 in writing, signed by him and acknowledged before an officer 3 empowered to administer oaths, filed in the office of the 4 Secretary of the Commonwealth not later than 5 p.m. on the fifth 5 day next succeeding the last day for filing nomination 6 petitions. In the event of the death or withdrawal of a 7 candidate occurring prior to the time prescribed by this 8 subsection, substitute nominations shall be made in accordance 9 with the provisions of this section. 10 Section 4. Election of delegates. 11 Elections for delegates to the limited constitutional 12 convention, if approved by the electorate, shall be held at the 13 general election in the year 1992. The Secretary of the 14 Commonwealth shall forward to the county board of elections of 15 each county the names of the candidates for delegate to the 16 constitutional convention. Each elector voting at the general 17 election shall be entitled to vote for two candidates for 18 delegate from his district. The three candidates receiving the 19 highest number of votes in each district shall be elected 20 delegates of that district. The county board of elections shall, 21 on or before November 17, make to the Secretary of the 22 Commonwealth the proper certification of returns of votes cast 23 for the candidates for election for the office of delegate to 24 the constitutional convention. The Secretary of the Commonwealth 25 shall, not later than November 24, certify to the Governor the 26 names of the delegates elected to the constitutional convention. 27 In the case of a tie vote the election shall be determined in 28 accordance with the provisions of section 1418 of the act of 29 June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania 30 Election Code. 19910H0475B0534 - 6 -
1 Section 5. Preparatory committee; appropriation. 2 (a) Establishment.--The Lieutenant Governor, the President 3 pro tempore of the Senate, the Majority Leader of the Senate, 4 the Majority Whip of the Senate, the Minority Leader of the 5 Senate, the Minority Whip of the Senate, the Minority Caucus 6 Chairman of the Senate, the Speaker of the House of 7 Representatives, the Majority Leader of the House of 8 Representatives, the Majority Whip of the House of 9 Representatives, the Minority Leader of the House of 10 Representatives, the Minority Whip of the House of 11 Representatives and the Minority Caucus Chairman of the House of 12 Representatives shall constitute a preparatory committee to make 13 arrangements for the convention. 14 (b) Authority.--The committee shall have authority 15 immediately following an affirmative vote by the electorate on 16 the question of holding a constitutional convention to lease or 17 otherwise obtain suitable meeting and office space, to purchase 18 or lease office supplies, equipment, books and other 19 publications and other materials necessary for the work of the 20 convention and to hire or engage such secretaries, technical 21 assistants, printers and other employees or consultants as may 22 be deemed necessary for the preparatory work of the convention. 23 The committee shall initiate any studies, inquiries, surveys or 24 analyses it may deem relevant through its own personnel or in 25 cooperation with any public or private agencies, including 26 institutes, universities, foundations or research organizations. 27 In so doing, the committee may hold public or private hearings. 28 It may issue subpoenas under the hand and seal of its chairman 29 commanding any person to appear before it and to answer 30 questions touching matters properly being inquired into by the 19910H0475B0534 - 7 -
1 committee and to produce such books, papers, records and 2 documents as the committee deems necessary. Such subpoenas may 3 be served upon any person and shall have the force and effect of 4 subpoenas issued out of the courts of this Commonwealth. Any 5 person who willfully neglects or refuses to testify before the 6 committee or to produce any books, papers, records or documents 7 shall be subject to the penalties provided by the laws of this 8 Commonwealth in such case. Each member of the committee shall 9 have power to administer oaths and affirmations to witnesses 10 appearing before the committee. The committee may request and 11 shall receive from any department, division, board, bureau, 12 commission or agency of the Commonwealth or any political 13 subdivision thereof, such facilities, assistance and data as it 14 deems necessary or desirable to carry out properly its powers 15 and duties. The committee is hereby authorized and empowered to 16 make and sign any agreements and to do and perform any acts that 17 may be necessary, desirable or proper to carry out the 18 provisions of this act. The committee shall also prepare budgets 19 for the holding of the constitutional convention. Such 20 recommended budgets shall be submitted to the General Assembly 21 in sufficient time for the General Assembly to pass the 22 necessary appropriation acts. The members of the committee shall 23 receive no compensation for their service but shall be allowed 24 their actual and necessary expenses incurred in the performance 25 of their duties. The authority of the preparatory committee 26 shall expire on December 1, 1992, at 12 noon, except to sign 27 documents necessary to obtain payments from the State Treasury 28 for any commitments made under the authority of this section 29 prior to December 1, 1992, and to submit any report to the 30 constitutional convention. The sum of $250,000 is hereby 19910H0475B0534 - 8 -
1 appropriated to the preparatory committee for the purposes set 2 forth in this section. 3 Section 6. Organization of convention. 4 (a) Convening.--The convention shall convene in the Hall of 5 the House of Representatives at Harrisburg, Dauphin County, 6 Pennsylvania, on December 1, 1992, at 12 noon. The 7 constitutional convention shall be called to order by the 8 Governor. The Secretary of the Commonwealth shall certify the 9 returns of the elections for delegates to the constitutional 10 convention and issue certificates of election to those elected. 11 The Chief Justice of the Supreme Court of Pennsylvania or his 12 appointee shall then administer the oath of office in the 13 following form: "I do solemnly swear (or affirm) that I will 14 support, obey and defend the Constitution of the United States 15 and the Constitution of this Commonwealth, and that I will 16 discharge the duties of my office with fidelity." 17 (b) Procedure.--The convention shall then organize by 18 electing from among its delegates a president, secretary and 19 such other officers as shall be necessary for the transaction of 20 its business. No member of the General Assembly shall be an 21 officer of the convention. It shall determine the rules of its 22 own proceedings and shall be the final judge of the 23 qualifications of its own delegates. It shall also determine 24 rules for the conduct of its delegates and provide for the 25 censure, suspension or removal of a delegate, if necessary. 26 (c) Privilege.--Delegates to the constitutional convention 27 shall, in all cases, except treason, felony, violation of their 28 oath of office and breach or surety of the peace, be privileged 29 from arrest during their attendance at the session of the 30 convention and in going to and returning from the same; and for 19910H0475B0534 - 9 -
1 any speech or debate in the convention they shall not be 2 questioned in any other place. 3 (d) Authority.--In addition to any powers provided in this 4 section, the convention shall have all of the powers given to 5 the preparatory committee in section 5. 6 (e) Adjournment.--The convention shall also have the power 7 to adjourn from time to time and to meet at such appropriate 8 places in the City of Harrisburg as it shall determine. 9 (f) Sine die.--It shall conclude its session sine die not 10 later than February 28, 1993. 11 Section 7. Substantive powers of convention; limitations; 12 mandatory duties of convention. 13 (a) General rule.--Except as hereinafter provided in 14 subsection (b), the constitutional convention shall have the 15 power by a vote of a majority of the 163 members to make 16 recommendations to the electorate on the following subjects 17 only: 18 (1) All of Articles II, III and V of the Constitution of 19 Pennsylvania. 20 (2) Any amendment proposed but not approved at the April 21 1992 primary. 22 (b) Exclusion.--The convention shall not consider or include 23 in its recommendations any proposal not germane to Articles II, 24 III and V of the Constitution of Pennsylvania. 25 (c) Format.--In dealing with the subject matter as 26 prescribed by this section, the convention may recommend the 27 transfer to another article of any provision contained in those 28 articles, or it may recommend its modification, deletion, 29 repeal, the substitution of an entirely new provision or its 30 continuation without change. 19910H0475B0534 - 10 -
1 (d) Numbering.--The recommendations of the convention on any 2 of the articles shall not be numbered. If approved by the 3 electors, these articles shall be numbered by the Governor as 4 provided by law. 5 Section 8. Manner of submitting proposals to electorate. 6 (a) General rule.--The recommendations of the constitutional 7 convention shall be submitted to the electorate separately as 8 determined by the convention. The replacements may be in any 9 number of sections which the convention deems suitable. The 10 convention shall also frame the ballot questions which shall 11 bring before the electorate the recommendations of the 12 convention. There shall be no less than one separate question 13 for each of the articles to be recommended by the convention and 14 another question for the amendment on legislative apportionment. 15 (b) Certification.--The changes proposed together with the 16 questions framed by the convention, shall be certified by the 17 president and secretary of the convention to the Secretary of 18 the Commonwealth not later than March 7, 1993. The Secretary of 19 the Commonwealth shall advertise the proposals of the convention 20 in at least two newspapers of general circulation, if there are 21 such, in every county of this Commonwealth once during the first 22 week in April 1992. He shall also publish the Constitution of 23 Pennsylvania showing the changes proposed by the convention in 24 convenient form and send a copy thereof to each elector 25 requesting it, and ten copies thereof through the county board 26 of elections to each polling place for the use of the voters 27 during the election. 28 Section 9. Submission of proposals to electorate; proclamation 29 by Governor of results. 30 The recommendations of the constitutional convention shall be 19910H0475B0534 - 11 -
1 submitted to the electors for their approval or rejection on a 2 separate ballot at the primary held in April 1992. In districts 3 where voting machines are used, the question may appear on the 4 face of the machine where the machine is properly equipped for 5 such purpose; otherwise a separate printed ballot shall be used. 6 A majority vote of the electors voting thereon shall be 7 necessary for the adoption of any of the recommendations of the 8 convention. If adopted, any recommendation shall become 9 effective as provided therein or by the schedule attached 10 thereto. The Governor, upon receipt from the Secretary of the 11 Commonwealth of a certificate of the results of the election, 12 shall immediately make proclamation thereof. 13 Section 10. Expenses of members of convention. 14 Except for members of the General Assembly, officers and 15 employees of the Commonwealth, the members of the constitutional 16 convention shall each receive the total sum of $5,000 for 17 expenses in four equal installments, three of which shall be 18 payable on December 15, 1992, and January 15 and February 15, 19 1993, and the fourth on the day when the convention adjourns 20 finally. In addition, the members of the convention shall 21 receive an allowance for traveling expenses of 25¢ per circular 22 mile per week, computed on the same basis as traveling expenses 23 for State Senators, payable monthly. The members of the General 24 Assembly, officers and employees of the Commonwealth shall be 25 reimbursed only for expenses actually incurred in attendance as 26 delegates, unless the same are otherwise paid by the 27 Commonwealth. 28 Section 11. Registration of lobbyists. 29 (a) General rule.--Any natural person who is employed or 30 engaged for compensation by any other person or any partnership, 19910H0475B0534 - 12 -
1 committee, association, corporation or any other organization, 2 to advocate passage or defeat of proposals of the constitutional 3 convention or of any of its delegates shall, before beginning 4 such activities, submit to the secretary of the convention a 5 registration statement made under oath or affirmation before an 6 officer authorized by law to administer oaths setting forth the 7 name and business address of the lobbyist, the name and address 8 of the person, partnership, committee, association, corporation 9 or other organization by whom he is employed or engaged, the 10 name and address of the person, partnership, committee, 11 association, corporation or other organization in whose interest 12 he will advocate the passage or defeat of proposals of the 13 convention and the duration of his employment. Whenever any of 14 the facts required herein change, the lobbyist shall file a 15 revised statement. 16 (b) Penalty.--Any person violating any of the provisions of 17 this section commits a misdemeanor and shall, upon conviction, 18 be sentenced to pay a fine of not more than $500 or to 19 imprisonment for not more than one year, or both. 20 Section 12. Conventions open to public. 21 Sessions of the convention as a whole shall be open to the 22 public. 23 Section 13. Effective date. 24 This act shall take effect immediately. A28L83JLW/19910H0475B0534 - 13 -