THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY PICCOLA, FOLMER, BRUBAKER, ALLOWAY, ERICKSON, PIPPY, YUDICHAK, ORIE, BOSCOLA, EICHELBERGER, WAUGH AND RAFFERTY, JANUARY 28, 2011

REFERRED TO STATE GOVERNMENT, JANUARY 28, 2011  

AN ACT

Providing for a limited constitutional convention, for a

referendum on the question, for the selection, nomination and

election of delegates; defining the powers and duties of the

convention; providing for the convention's operation;

conferring powers and imposing duties on the Governor, the

Secretary of the Commonwealth, officers of the General

Assembly and county election boards; providing for a

referendum on the convention's report; and making an

appropriation.

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 Limited

Constitutional Convention Act of 2011.

Section 2.  Findings and declarations.

The General Assembly finds and declares as follows:

(1)  All power is inherent in the people and all free

governments are founded on their authority and instituted for

their peace, safety and happiness. For the advancement of

these ends the people have at all times an inalienable and

indefeasible right to alter, reform or abolish their

government in such manner as they may think proper.

(2)  The present Constitution should be systematically

reconsidered and conformed to the needs of a modern

Commonwealth, provided that the people, in the exercise of

their sovereign power, commit delegates to binding

restrictions on the scope of the convention and subject

matter.

Section 3.  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.

"Convention."  The Limited Constitutional Convention

authorized under this act.

"County board."  A county board of elections.

"Delegate."  A delegate to the convention.

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

convention under section 5(b).

"Secretary."  The Secretary of the Commonwealth.

Section 4.  Referendum.

(a)  Question.--At the primary election in May 2011, the

following question shall be submitted to the electorate of this

Commonwealth to determine its will regarding a limited

constitutional convention:

Shall a constitutional convention be called in accordance

with and subject to the limitations and requirements contained

in the Limited Constitutional Convention Act of 2011, to prepare

for submission to the electorate proposals for the revision of

the following provisions of the Constitution of Pennsylvania as

provided under section 10 of the Limited Constitutional

Convention Act of 2011:

(1)  sections 3 (Terms of members), 4 (Sessions), 8

(Compensation), 16 (Legislative districts) and 17

(Legislative Reapportionment Commission) of Article II

(pertaining to the Legislature);

(2)  sections 1 (Passage of laws), 2 (Reference to

committee; printing), 3 (Form of bills), 4 (Consideration of

bills), 13 (Vote denied members with personal interest), 26

(Extra compensation prohibited; claims against the

Commonwealth; pensions) and 27 (Changes in term of office or

salary prohibited) of Article III (pertaining to

Legislation);

(3)  sections 4 (Lieutenant Governor), 5 (Qualifications

of Governor, Lieutenant Governor and Attorney General), 6

(Disqualification for offices of Governor, Lieutenant

Governor and Attorney General), 8 (Appointing power), 13

(When Lieutenant Governor to act as Governor), 14 (Vacancy in

office of Lieutenant Governor) and 17 (Contested elections of

Governor, Lieutenant Governor and Attorney General; when

succeeded) of Article IV (pertaining to the Executive);

(4)  sections 10 (Judicial administration), 13 (Election

of justices, judges and justices of the peace; vacancies), 15

(Tenure of justices, judges and justices of the peace) and 16

(Compensation and retirement of justices, judges and justices

of the peace) of Article V (pertaining to the Judiciary)?

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

county boards of elections. 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 voting on the

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

secretary shall transmit notice of the vote to the Legislative

Reference Bureau for publication as a notice in the Pennsylvania

Bulletin.

Section 5.  Convention, membership, qualifications and

vacancies.

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

question under section 4(a) vote in the affirmative, a

convention shall be called by the Governor.

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

delegates 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.

(c)  Qualifications.--An elected delegate must meet the

following qualifications:

(1)  Be at least 18 years of age.

(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 term of service.

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

reimbursement for reasonable expenses incurred in the

performance of their duties.

Section 6.  Nomination of elected delegates; withdrawals.

(a)  Petition.--Candidates for delegates for the convention

shall be nominated by petition in accordance with the following:

(1)  The secretary shall prescribe the form of the

petition.

(2)  A petition must be signed by at least 500 qualified

electors of the senatorial district in accordance with the

following:

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

petitions.

(ii)  A signer must state occupation and residence,

giving city, borough or township, with street and number,

and state that the signer is a qualified elector of the

district. The signature must be dated.

(iii)  A petition may not be circulated prior to

August 18, 2011. A signature shall not be counted unless

it bears a date later than August 17, 2011.

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

Different sheets must be used for signers resident in

different counties. If more than one sheet is used, the

sheets must be bound together when offered for filing if

they are intended to constitute one petition, and each

sheet must be numbered consecutively at the foot of each

page, beginning with number one. Each sheet must have

appended to it the affidavit of the individual who

circulated it, setting forth all of the following:

(A)  The individual is a qualified elector of the

senatorial district named in the petition.

(B)  The individual's residence, giving city,

borough or township, with street and number.

(C)  The signers to the petition signed with

knowledge of the contents of the petition.

(D)  The residences of the signers correctly

stated.

(E)  Each signer resides in the district named in

the affidavit.

(F)  Each signer signed on the date set forth.

(G)  To the best of the affiant's knowledge and

belief, the signers are qualified electors of the

district.

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

secretary by September 8, 2011. A filing fee of $100 must be

paid by the candidate by certified check or money order.

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

secretary an affidavit stating all of the following:

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

post office address.

(2)  The candidate is eligible for the office of elected

delegate to the limited constitutional convention.

(3)  If elected, the candidate will faithfully observe

the limitations and requirements imposed upon the convention

by this act.

(4)  The candidate meets the qualifications under section

5(c).

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

follows:

(1)  Make a request in writing. The request must be

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 15, 2011.

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

the nominees to the county board as provided by law not later

than September 22, 2011.

Section 7.  Elected delegates.

Elections for elected delegates shall be held at the general

election in November 2011. The secretary shall forward to each

county board the names of the candidates. Each elector voting at

the general election shall be entitled to vote for two

candidates from the elector's senatorial district. The three

candidates receiving the highest number of votes in each

district shall be the elected delegates of that district. In

case of a tie vote, the election shall be determined in

accordance with section 1418 of the act of June 3, 1937

(P.L.1333, No.320), known as the Pennsylvania Election Code. The

county board shall, by November 17, 2011, certify the return to

the secretary. The secretary shall, by November 24, 2011,

certify to the Governor the names of elected delegates.

Section 8.  Vacancies.

(a)  Candidate.--In the event of the death or withdrawal of a

candidate occurring prior to September 29, 2011, a substitute

nomination shall be made under section 6.

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

office of the elected delegate, a successor shall be elected by

all of the remaining delegates meeting the qualifications under

section 5(c).

Section 9.  Organization of convention.

(a)  Convening.--

(1)  The convention shall convene in the hall of the

House of Representatives on December 1, 2011, at 12 noon.

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

Governor. The Governor shall preside at its first session and

until permanent officers are selected. So long as the

Governor presides, the Governor may cast the deciding vote in

the event of a tie.

(3)  The secretary shall certify the returns of the

elections for elected delegates and issue certificates of

election.

(4)  The Chief Justice of the Supreme Court or a designee

of the Chief Justice shall then administer the oath of office

in the following form:

I do solemnly swear (or affirm) that I will abide by the

instructions of the Limited Constitutional Convention Act

of 2011 and support, obey and defend the Constitution of

the United States and the Constitution of Pennsylvania

and that I will discharge the duties of my office with

fidelity.

(b)  Organization.--

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

qualifications of its own delegates.

(2)  The convention shall organize by electing from among

its delegates a president, secretary and other officers.

(3)  The convention shall prescribe rules for all of the

following:

(i)  Procedure.

(ii)  The convention's functions, powers and duties.

(iii)  The conduct of its delegates, including

censure, suspension or removal.

(4)  The officers elected by the delegates shall

constitute the administrative committee to make arrangements

for the convention. Upon certification by the secretary of

the results of the referendum election under section 7, the

administrative committee shall have the following powers and

duties:

(i)  To lease or otherwise obtain suitable meeting

and office space and to purchase or lease supplies,

equipment, publications and other materials necessary for

the work of the convention.

(ii)  To hire or engage staff necessary for the

preparatory work of the convention.

(iii)  To initiate relevant studies through its own

personnel or in cooperation with any public or private

agencies.

(iv)  To hold public hearings.

(v)  To enter into contracts.

(vi)  To receive from Commonwealth agencies,

political subdivisions and local agencies the assistance

necessary or desirable to carry out properly the powers

and duties under this subsection.

(vii)  To submit a budget for the convention to the

General Assembly in sufficient time for the General

Assembly to pass the necessary appropriation acts.

(viii)  To do other acts necessary to carry out the

powers and duties under this subsection.

(c)  Legislative Reference Bureau.--The Legislative Reference

Bureau is charged with providing all necessary legal and

drafting services to the convention and shall serve as counsel

to the convention, unless the convention makes other

arrangement.

(d)  Immunity.--

(1)  A delegate shall in all cases, except treason,

felony, violation of oath of office and breach of the peace,

be privileged from arrest during attendance and travel to and

from the convention.

(2)  A delegate shall not be questioned in any other

place for any speech or debate in the convention.

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

die on September 14, 2012.

Section 10.  Function.

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

majority of delegates, to make recommendations to the electorate

on the following subjects only:

(1)  Section 3 of Article II of the Constitution of

Pennsylvania, pertaining to terms of members.

(2)  Section 4 of Article II of the Constitution of

Pennsylvania, pertaining to sessions and special sessions of

each elected legislature.

(3)  Section 8 of Article II of the Constitution of

Pennsylvania, pertaining to compensation of members of the

General Assembly.

(4)  Section 16 of Article II of the Constitution of

Pennsylvania, pertaining to number of legislative districts.

(5)  Section 17 of Article II of the Constitution of

Pennsylvania, pertaining to the Legislative Reapportionment

Commission.

(6)  Section 1 of Article III of the Constitution of

Pennsylvania, pertaining to passage of laws.

(7)  Section 2 of Article III of the Constitution of

Pennsylvania, pertaining to reference to committee; printing.

(8)  Section 3 of Article III of the Constitution of

Pennsylvania, pertaining to form of bills.

(9)  Section 4 of Article III of the Constitution of

Pennsylvania, pertaining to legislative consideration of

bills.

(10)  Section 13 of Article III of the Constitution of

Pennsylvania, pertaining to limitations on members with a

personal interest from voting on certain bills.

(11)  Section 26 of Article III of the Constitution of

Pennsylvania, pertaining to compensation of public officers.

(12)  Section 27 of Article III of the Constitution of

Pennsylvania, pertaining to changes in term of office or

salary prohibited.

(13)  Section 4 of Article IV of the Constitution of

Pennsylvania, pertaining to the Lieutenant Governor.

(14)  Section 5 of Article IV of the Constitution of

Pennsylvania, pertaining to the qualifications of Governor,

Lieutenant Governor and Attorney General.

(15)  Section 6 of Article IV of the Constitution of

Pennsylvania, pertaining to disqualification for offices of

Governor, Lieutenant Governor and Attorney General.

(16)  Section 8 of Article IV of the Constitution of

Pennsylvania, pertaining to appointing power.

(17)  Section 13 of Article IV of the Constitution of

Pennsylvania, pertaining to when Lieutenant Governor to act

as Governor.

(18)  Section 14 of Article IV of the Constitution of

Pennsylvania, pertaining to vacancy in office of Lieutenant

Governor.

(19)  Section 17 of Article IV of the Constitution of

Pennsylvania, pertaining to contested elections of Governor,

Lieutenant Governor and Attorney General; when succeeded.

(20)  Section 10 of Article V of the Constitution of

Pennsylvania, pertaining to judicial administration.

(21)  Section 13 of Article V of the Constitution of

Pennsylvania, pertaining to election of justices, judges and

justices of the peace; vacancies.

(22)  Section 15 of Article V of the Constitution of

Pennsylvania, pertaining to the tenure of justices, judges

and justices of the peace.

(23)  Section 16 of Article V of the Constitution of

Pennsylvania, pertaining to the compensation and retirement

of justices, judges and justices of the peace.

(b)  Limitations.--The convention shall not consider or

include in its recommendations any other section of the

Constitution unless specifically enumerated in subsection (a).

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

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

deletion, transfer or continuation without change.

Section 11.  Manner of submitting proposals to electorate.

(a)  Convention.--

(1)  The recommendations of the convention shall be

submitted to the electorate as determined by the convention.

(2)  The convention shall frame the ballot questions.

(3)  Each ballot question shall consist of a single

subject and encompass amendment to only one article or

section of the Constitution of Pennsylvania.

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

questions shall be certified by the president and secretary of

the convention to the secretary by September 14, 2012.

Section 12.  Submission to electorate.

(a)  Secretary.--

(1)  The secretary shall review the ballot questions for

conformity with this act before submission to the voters and

determine whether the convention has complied with the

instructions as voted by the people. The secretary shall

certify the ballot questions as provided by law not later

than October 28, 2012.

(2)  The secretary shall advertise the proposals of the

convention in at least two newspapers in every county once

during the last week in October 2012.

(3)  The secretary shall publish the Constitution of

Pennsylvania showing the changes proposed by the convention

in convenient form.

(4)  The secretary shall send ten copies of the

publication under paragraph (2) to each county board.

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

a copy of the publication under paragraph (2).

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

publication under subsection (a)(4) available at each polling

place.

(c)  Election.--

(1)  The recommendations of the convention shall be

submitted to the electors for their approval or rejection at

the general election of 2012.

(2)  A majority vote of the electors voting 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.

Section 13.  Lobbying.

The provisions of 65 Pa.C.S. Ch. 13A (relating to lobbying

disclosure) shall apply to the convention.

Section 14.  Openness to public.

Sessions of the convention as a whole shall be open to the

public.

Section 30.  Appropriation.

The sum of $1,000,000, or as much thereof as may be

necessary, is hereby appropriated to the Limited Constitutional

Convention for the fiscal year beginning July 1, 2011, to

September 29, 2012, to carry out the provisions of this act.

Section 31.  Effective date.

This act shall take effect as follows:

(1)  Section 30 shall take effect upon publication of the

notice under section 4(c).

(2)  The remainder of this act shall take effect

immediately.