PRIOR PRINTER'S NO. 2665 PRINTER'S NO. 3005
No. 1987 Session of 1984
INTRODUCED BY IRVIS AND RYAN, MARCH 14, 1984
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 21, 1984
AN ACT
1 To provide for the establishment of a Commonwealth Commission on
2 the Bicentennial of the United States Constitution; and
3 making an appropriation.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Findings.
7 The General Assembly finds that:
8 (1) The Bicentennial of the Constitutional Convention's
9 adoption of the Constitution at the Pennsylvania State House,
10 Philadelphia, Pennsylvania, occurs on September 17, 1987; the
11 Bicentennial of the Pennsylvania ratification of the
12 Constitution occurs on December 12, 1987; and the
13 Bicentennial of the national adoption of the Constitution, by
14 ratification of states, occurs on June 21, 1988.
15 (2) The anniversary dates of the national ratification
16 of the United States Constitution's Thirteenth, Fourteenth,
17 Fifteenth and Nineteenth Amendments abolishing slavery,
1 preventing abridgment of citizenship rights, guaranteeing
2 equal rights for all, regardless of race, color or previous
3 condition of servitude, and the granting of suffrage to women
4 should be appropriately observed during the Bicentennial of
5 the United States Constitution.
6 (3) The Constitution enunciates the limitations on
7 government, the inalienable citizen rights and the timeless
8 principles of individual liberty and responsibility and
9 equality before law, for the people of the United States of
10 America.
11 (4) This document has set an enduring example of
12 representative democracy for the world.
13 (5) The maintenance of the common principles that
14 animate and govern our Republic depend upon a knowledge and
15 understanding of their roots and origins.
16 (6) The Commonwealth of Pennsylvania, since its birth,
17 attended by William Penn's prayer that it would become the
18 "seed of a Nation," earned, through peace and war, the role
19 of gracious and learned host for the Constitutional
20 Convention of 1787.
21 (7) Pennsylvania's people, communities and Commonwealth
22 government provided America with debate, study,
23 experimentation, leadership and strength indispensable to the
24 formation of the Republic in the process of the convention
25 adoption of the Constitution on September 17, 1787, the
26 issuance of a State House call for a convention to consider
27 ratification and the Commonwealth ratification of the United
28 States Constitution on December 12, 1787; and
29 (8) It is the privilege and duty of every Pennsylvanian
30 to join in a Commonwealth and national observance of the
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1 Bicentennial of the United States Constitution with pride,
2 dedication and love of heritage.
3 Section 2. Purpose. <--
4 It is the purpose of this act to establish a commission to
5 promote and coordinate activities to commemorate the
6 Bicentennial of the Constitution.
7 Section 3 2. Commission; membership. <--
8 (a) Establishment of commission.--The Commonwealth <--
9 Commission on the Bicentennial of the United States
10 Constitution, herein called the commission, is hereby created.
11 THERE IS HEREBY ESTABLISHED THE COMMONWEALTH COMMISSION ON THE <--
12 BICENTENNIAL OF THE UNITED STATES CONSTITUTION, HEREINAFTER
13 REFERRED TO AS THE COMMISSION, TO PROMOTE AND COORDINATE
14 ACTIVITIES TO COMMEMORATE THE BICENTENNIAL OF THE CONSTITUTION.
15 (b) Composition.--The commission shall be composed of 30
16 members as follows:
17 (1) Twenty members appointed by the Governor, four of
18 whom shall be appointed from among the recommendations made
19 by the Speaker of the House of Representatives in
20 consultation with the Majority and Minority Leaders of the
21 House of Representatives, four of whom shall be appointed
22 from among the recommendations made by the President pro
23 tempore of the Senate, in consultation with the Majority
24 Leader and Minority Leader of the Senate, and four of whom
25 shall be appointed from recommendations made by the Chief
26 Justice of the Supreme Court of Pennsylvania, made in
27 consultation with the President Judges of the Commonwealth
28 and Superior Courts.
29 (2) The Governor and Lieutenant Governor of the
30 Commonwealth, or their designees.
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1 (3) The President pro tempore of the Senate, or his
2 designee.
3 (4) The Speaker of the House of Representatives, or his
4 designee.
5 (5) The Secretary of the Department of Education, or his
6 designee.
7 (6) The Chairman of the Pennsylvania Historical and
8 Museum Commission, or her HIS designee. <--
9 (7) The Chairmen of the majority and minority
10 Pennsylvania delegations in the United States House of
11 Representatives, or their designees.
12 (8) The United States Senators of the Commonwealth of
13 Pennsylvania, or their designees.
14 (c) Ex officio HONORARY members.--The President of the <--
15 United States, the Vice President of the United States, the
16 Speaker of the United States House of Representatives, the
17 President pro tempore of the United States Senate and the Chief
18 Justice of the United States Supreme Court shall be invited to
19 serve as distinguished ex officio HONORARY members of the <--
20 commission.
21 (d) Membership to be balanced.--Each of the individuals
22 making recommendations to the Governor regarding appointments
23 shall seek to achieve a balanced membership representing, to the
24 maximum extent practicable, the Commonwealth as a whole. The
25 commission members shall be chosen from among individuals who
26 have demonstrated allegiance to civic duty, strong sense of
27 public service, expertise in the learned professions and
28 abilities likely to contribute to the fulfillment of the duties
29 of the commission.
30 (e) Term of members.--Members of the commission shall be
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1 appointed for the life of the commission.
2 (f) Chairman.--One of the members shall be appointed as
3 chairman, subject to approval of the majority of the commission,
4 by the Governor.
5 (g) Quorum.--Sixteen members of the commission shall
6 constitute a quorum, but a lesser number may conduct meetings. <--
7 Membership attendance shall be made a part of the record of the
8 commission.
9 (h) Vacancies.--A vacancy in the commission resulting from
10 the death or resignation of a member shall not affect its powers
11 and shall be filled in the same manner in which the original
12 appointment was made.
13 (I) MEMBERS NOT TO BE COMPENSATED.--MEMBERS OF THE <--
14 COMMISSION SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT
15 SHALL BE REIMBURSED FOR TRAVEL AND OTHER REASONABLE EXPENSES
16 INCURRED BY THEM IN THE PERFORMANCE OF THEIR DUTIES.
17 Section 4 3. Administrative provisions and powers. <--
18 (a) Personnel.--The commission is authorized to appoint and <--
19 fix the compensation of publicly paid personnel, up to five
20 persons, as the chairman finds necessary to carry out the
21 purposes of this act.
22 (b) Members not to be compensated.--Each member of the
23 commission shall serve without being compensated as a member of
24 the commission, except that each member shall be reimbursed for
25 travel, subsistence and other necessary expenses incurred by
26 them in the performance of their duties.
27 (c) Commonwealth agencies to assist.--Upon request of the
28 commission, the head of any Commonwealth agency may detail any
29 of the personnel of the agency to the commission to assist the
30 commission in carrying out its duties under this act. Details
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1 under this subsection shall be without reimbursement by the
2 commission to the agency from which the employee concerned was
3 detailed.
4 (A) ASSISTANCE FROM DEPARTMENT OF EDUCATION.--THE DEPARTMENT <--
5 OF EDUCATION SHALL PROVIDE SUCH SECRETARIAL AND OTHER STAFF
6 ASSISTANCE AS MAY BE NECESSARY TO THE PROPER FUNCTIONING OF THE
7 COMMISSION, CONSISTENT WITH THE LAWS OF THE COMMONWEALTH.
8 (d) (B) Commission to coordinate activities.--The commission <--
9 shall coordinate, generally, activities throughout all of the
10 Commonwealth and serve as a clearinghouse for the collection and
11 dissemination of information about bicentennial events and
12 plans.
13 (e) (C) Planning and implementation of activities.--In <--
14 planning and implementing appropriate activities to commemorate
15 the Bicentennial, the commission shall give due consideration
16 to:
17 (1) The historical Pennsylvania State House setting in
18 which the Constitution was developed and ratified and the
19 ratification debates in the Pennsylvania State House of
20 Representatives and the State Convention of Ratification.
21 (2) The contribution of diverse ethnic, religious and
22 racial groups.
23 (3) The relationship and historical development of the
24 three branches of the Government.
25 (4) The unique achievements and contributions of the
26 Pennsylvania participants in the Constitutional Convention of
27 1787.
28 (5) The diverse legal and philosophical views regarding
29 the Constitution.
30 (6) The need for reflection upon both academic and
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1 scholarly views of the Constitution and the principle that
2 the document must be understood by the general public.
3 (7) The substantive provisions of the Constitution
4 itself.
5 (8) The impact of the Constitution on American life and
6 government.
7 (9) The need to encourage appropriate educational
8 curriculums designed to educate students at all levels of
9 learning on the drafting, ratification and history of the
10 Constitution and the specific provisions of that document.
11 (10) The significance of the principles and institutions
12 of the Constitution to other nations and their citizens.
13 (f) (D) Commission to seek cooperation.--The commission <--
14 shall seek the cooperation, advice and assistance of both
15 private and governmental agencies, organizations and
16 institutions.
17 (g) Commission may make contracts.--The commission is <--
18 authorized to procure supplies, services and property and make
19 contracts, in any fiscal year, only to the extent or in the
20 amounts as are provided in appropriation acts or are donated
21 pursuant to the provisions of this act.
22 (h) Commission to secure office space, etc.--The commission
23 shall procure office space and ordinary equipment and supplies
24 through application to, and through use of, the Department of
25 General Services in accordance with procedures of regulation and
26 law.
27 (i) Commission to cooperate with other bicentennial
28 agencies.--The commission shall extend cooperation to all
29 bicentennial agencies or commissions established by the United
30 States Congress and the legislatures of all states. In doing so,
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1 it shall be the policy of the Pennsylvania commission to provide
2 equal treatment to all states, regardless of their date of
3 establishment, in recognition of the historic role of
4 Pennsylvania as a source of pioneers, culture, philosophy and
5 system of self-government.
6 (j) Donations may be accepted.--The commission is authorized
7 to accept, use, solicit and dispose of donations of money,
8 property or personal services.
9 (k) Regulations to be adopted regarding acceptance of
10 donations.--The commission shall prescribe regulations under
11 which the commission may accept donations of money, property or
12 personal services, except that under such regulations, the
13 commission may not accept donations:
14 (1) The value of which exceeds $5,000 annually, in the
15 case of donations from an individual.
16 (2) The value of which exceeds $25,000 annually, in the
17 case of donations from a corporation, partnership, other
18 business organization or foundation.
19 Section 5. Duties of the commission.
20 (a) Plan and develop activities.--The commission shall:
21 SECTION 4. POWERS AND DUTIES OF THE COMMISSION. <--
22 THE COMMISSION SHALL HAVE THE POWER AND ITS DUTY SHALL BE:
23 (1) Plan TO PLAN and develop activities appropriate to <--
24 commemorate the Bicentennial of the Constitution, including a
25 limited number of projects to be undertaken by the
26 Commonwealth seeking to harmonize and balance the important
27 goals of ceremony and celebration with the equally important
28 goals of scholarship and education.
29 (2) Encourage TO ENCOURAGE private organizations, county <--
30 and municipal governments and educational systems to organize
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1 and participate in bicentennial activities commemorating or
2 examining the drafting, ratification and history of the
3 Constitution and the specific features of the document.
4 (3) TO EXTEND COOPERATION TO ALL BICENTENNIAL AGENCIES <--
5 OR COMMISSIONS ESTABLISHED BY THE UNITED STATES CONGRESS AND
6 THE LEGISLATURES OF ALL STATES. IN DOING SO, IT SHALL BE THE
7 POLICY OF THE COMMISSION TO PROVIDE EQUAL TREATMENT TO ALL
8 STATES, REGARDLESS OF THEIR DATE OF ESTABLISHMENT, IN
9 RECOGNITION OF THE HISTORIC ROLE OF PENNSYLVANIA AS A SOURCE
10 OF PIONEERS, CULTURE, PHILOSOPHY AND SYSTEM OF SELF-
11 GOVERNMENT.
12 (4) TO ENTER INTO CONTRACTS AND TO EXECUTE ALL
13 INSTRUMENTS NECESSARY OR CONVENIENT FOR CARRYING ON ITS
14 OPERATIONS.
15 (5) TO ACCEPT, ON BEHALF OF THE COMMONWEALTH, GIFTS,
16 DONATIONS, LEGACIES AND USAGES OF MONEY FROM INDIVIDUALS,
17 ORGANIZATIONS, PUBLIC OR PRIVATE CORPORATIONS AND OTHER
18 SIMILAR ENTITIES.
19 (6) TO SOLICIT AND RAISE MONEYS FROM PUBLIC AND PRIVATE
20 SOURCES THROUGH THE SALE OF COMMEMORATIVE MEDALS AND OTHER
21 ITEMS OF A SIMILAR NATURE WHICH PROMOTE THE BICENTENNIAL OF
22 THE CONSTITUTION.
23 (b) Report to be submitted.-- <--
24 SECTION 5. REPORT. <--
25 On January 1, 1986, the commission shall submit, to the
26 Governor and each House of the General Assembly, a comprehensive
27 report incorporating specific recommendations of the commission
28 for commemoration and coordination of the Bicentennial and
29 related activities. This report shall be accompanied by a
30 summarization of all bicentennial projects proposed by persons,
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1 organizations and institutions of the private sector which
2 contemplate no Federal or State financial subsidization, and
3 which are filed with the commission by the close of business on
4 November 30, 1985.
5 Section 6. Termination.
6 The commission shall terminate on December 31, 1988.
7 Section 7. Appropriation.
8 There is hereby appropriated TO THE DEPARTMENT OF EDUCATION, <--
9 TO ASSIST THE WORK OF THE COMMISSION the sum of $50,000, or as
10 much thereof as may be necessary, to the commission for fiscal <--
11 year 1984-1985 1985-1986, to carry out the provisions of this <--
12 act. IN ADDITION, ALL MONEYS RECEIVED FROM ANY OTHER SOURCES AS <--
13 CONTRIBUTIONS TO THIS PROGRAM SHALL BE PAID INTO THE GENERAL
14 FUND AND CREDITED TO THIS APPROPRIATION.
15 Section 8. Effective date.
16 This act shall take effect in 30 days JANUARY 1, 1985. <--
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