1Providing for a Citizens Constitutional Convention, for a
2referendum on the question and for the selection of
3delegates; defining the powers and duties of the convention;
4providing for operation of the convention; conferring powers
5and imposing duties on the Governor, the Secretary of the
6Commonwealth, and the Chief Justice of the Supreme Court;
7providing for a referendum on the convention's report; and
8making an appropriation.

9TABLE OF CONTENTS

10Section 1. Short title.

11Section 2. Definitions.

12Section 3. Referendum.

13Section 4. Convention, membership, qualifications and
14vacancies.

15Section 5. Organization of convention and sessions.

16Section 6. Function.

17Section 7. Manner of submitting proposals to electorate.

18Section 8. Submission to electorate.

19Section 9. Lobbying.

20Section 10. Convention open to public.

21Section 11. Judicial immunity.

1Section 12. Appropriation.

2Section 13. Effective date.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Short title.

6This act shall be known and may be cited as the Citizens
7Constitutional Convention Act of 2013.

8Section 2. Definitions.

9The following words and phrases when used in this act shall
10have the meanings given to them in this section unless the
11context clearly indicates otherwise:

12"Committee." The preparatory committee established under
13this act.

14"Convention." The Citizens Constitutional Convention
15authorized by this act.

16"Delegate." A citizen of this Commonwealth who is selected
17to serve at the convention or as an alternate to the convention.

18"Independent entity." A corporation, partnership,
19institution of higher learning, or other entity that does not
20receive funds from the Commonwealth either directly or
21indirectly and that does not seek to influence the passage of
22legislation or regulations by the Commonwealth either directly
23or indirectly.

24"Public official." A person elected by the public, elected
25or appointed by a governmental body or an appointed official in
26the executive, legislative or judicial branch of this
27Commonwealth or any of its political subdivisions. The term
28shall not include members of advisory boards that have no
29authority to do any of the following:

30(1) Expend public funds, other than reimbursement for

1personal expenses.

2(2) Otherwise exercise the power of the Commonwealth or
3any of its subdivisions.

4"Secretary." The Secretary of the Commonwealth.

5Section 3. Referendum.

6(a) Question.--At the general election on November 5, 2013,
7the following question shall be submitted to the electorate of
8this Commonwealth to determine its will regarding a
9Constitutional Convention:

10Shall a Constitutional Convention be called in accordance
11with and subject to the limitations and requirements
12contained in the Citizens Constitutional Convention Act of
132013 to prepare for submission to the electorate proposals
14for the revision of the Constitution of Pennsylvania?

15(1) If a Constitutional Convention is authorized by this
16referendum, shall the delegates be permitted to recommend
17changes to Article I, the Declaration of Rights?

18(2) If a Constitutional Convention is authorized by this
19referendum, shall the delegates be permitted to recommend
20changes to Article II, the Legislature?

21(3) If a Constitutional Convention is authorized by this
22referendum, shall the delegates be permitted to recommend
23changes to Article III, Legislation?

24(4) If a Constitutional Convention is authorized by this
25referendum, shall the delegates be permitted to recommend
26changes to Article IV, the Executive?

27(5) If a Constitutional Convention is authorized by this
28referendum, shall the delegates be permitted to recommend
29changes to Article V, the Judiciary?

30(6) If a Constitutional Convention is authorized by this

1referendum, shall the delegates be permitted to recommend
2changes to Article VI, Public Officers?

3(7) If a Constitutional Convention is authorized by this
4referendum, shall the delegates be permitted to recommend
5changes to Article VII, Elections?

6(8) If a Constitutional Convention is authorized by this
7referendum, shall the delegates be permitted to recommend
8changes to Article VIII, Taxation and Finance?

9(9) If a Constitutional Convention is authorized by this
10referendum, shall the delegates be permitted to recommend
11changes to Article IX, Local Government?

12(10) If a Constitutional Convention is authorized by
13this referendum, shall the delegates be permitted to
14recommend changes to Article X, Private Corporations?

15(11) If a Constitutional Convention is authorized by
16this referendum, shall the delegates be permitted to
17recommend changes to Article XI, Amendments?

18(b) Referendum.--The secretary shall certify questions to
19the county boards. The election shall be conducted in accordance
20with the act of June 3, 1937 (P.L.1333, No.320), known as the
21Pennsylvania Election Code.

22(c) Secretary.--If a majority of the electors casting votes
23on the question under subsection (a) vote in the affirmative,
24the secretary shall transmit notice of the vote, including any
25prohibitions under subsection (a)(1) through (11), to the
26Legislative Reference Bureau for publication as a notice in the
27Pennsylvania Bulletin.

28Section 4. Convention, membership, qualifications and
29vacancies.

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

1question set forth in section 3(a) vote in the affirmative, a
2convention shall be called by the Governor.

3(b) Delegates.--Within seven days of the approval of the
4question set forth in section 3(a), the secretary shall issue a
5request for proposals from independent entities for the purposes
6of:

7(1) determining a system for selecting delegates to the
8Constitutional Convention that will result in a body of no
9fewer than 150 nor more than 200 delegates who, in the
10aggregate, accurately represent the citizenry of this
11Commonwealth geographically, demographically and
12economically: and

13(2) managing the Constitutional Convention as required
14by section 5(c), including the operation of the convention,
15communications with the public, and creating the official
16record of the convention beginning with introduction of this
17act and ending within six months of the referendum where
18citizens accept or reject the convention's recommendations.

19Within 30 days of the approval of the question set forth in
20section 3(a), the secretary shall award a contract to an
21independent entity for the purpose of delegate selection and
22convention management. Any subcontractors the independent entity
23will employ must be disclosed in its proposal to the secretary
24and must be subject to the same criteria as those applied to the
25independent entity defined in section 2. Within 120 days of the
26approval of the question set forth in section 3(a), the
27independent entity shall select delegates and alternate
28delegates in accordance with the proposal submitted to the
29secretary and shall publish for the delegates and the public
30proposed rules of procedure for the convention.

1(c) Qualifications.--A delegate must meet the following
2qualifications:

3(1) Be at least 18 years of age prior to November 5,
42013.

5(2) Have been a citizen and resident of this
6Commonwealth for at least four years before the election.

7(3) Reside in the geographic area the delegate
8represents during the delegate's term of service.

9(d) Salary.--Delegates shall be entitled to a salary equal
10to the salary of a member of the General Assembly during their
11term of service, payable monthly.

12(e) Expenses.--Delegates shall be entitled to reimbursement
13for the following expenses:

14(1) Actual mileage traveled in a personal vehicle in the
15performance of their duties during their term of service,
16documented, reported and payable monthly at the applicable
17Federal rate, including commuting mileage.

18(2) Actual expenses for other modes of ground
19transportation in the performance of their duties during
20their term of service, documented, reported and payable
21monthly, including commuting expenses.

22(3) Actual expenses for overnight lodging required for
23the convenience of delegates traveling more than 50 miles
24from their residence in the performance of their duties
25during their term of service, documented, reported and
26payable monthly.

27(4) All documentation used to reimburse delegates for
28eligible expenses shall be public records. Access to, and
29copies of, the records shall be without cost to the
30requester.

1(f) Terms of service.--Terms of service for delegates shall
2commence on the date of their oath of office. Terms shall expire
330 days following publication of the recommendations authorized
4by the delegates to the convention.

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

6(1) No delegate shall, during his or her term of
7service, be appointed to or hold any civil office under this
8Commonwealth to which a salary, fee or perquisite is
9attached.

10(2) No member of Congress or other person holding any
11office, except that of attorney-at-law or in the National
12Guard or a reserve component of the armed forces of the
13United States, under the United States or this Commonwealth
14to which a salary, fee or perquisite is attached shall be a
15delegate during their continuance in office.

16(3) Delegates shall be prohibited from serving as a
17public official as defined in section 2 for a period of two
18years after their term of service expires.

19Section 5. Organization of convention and sessions.

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

21(1) The convention's delegates shall convene in the Hall
22of the House of Representatives on March 31, 2014, at 12
23noon.

24(2) The convention shall be called to order by the
25Governor.

26(3) The Chief Justice of the Supreme Court shall
27administer the oath of office in the following form:

28I do solemnly swear (or affirm) that I will support, obey
29and defend the Constitution of the United States and the
30Constitution of Pennsylvania, that I will abide by the

1limitations and requirements of the referendum conducted
2pursuant to the Citizens Constitutional Convention Act of
32013, and that I will discharge my duties with fidelity.

4(4) Each delegate shall sign and swear a written version
5of the oath of office, provided by the secretary, to be
6preserved with the official journals of the convention, and
7other copies as needed by the secretary.

8(b) Organization.--The following shall apply:

9(1) The convention shall be the final judge of the
10qualifications of its own delegates.

11(2) The convention shall elect from among its delegates
12a president, first vice-president, second vice-president and
13a secretary.

14(3) The convention shall organize one committee for each
15article of the Constitution of Pennsylvania subject to the
16scope of the convention.

17(4) The convention shall organize a committee on
18arrangement, submission and address to the people.

19(c) Duties of independent entity.--The following shall
20apply:

21(1) The independent entity shall prescribe rules for all
22of the following, subject to adoption by a majority of the
23delegates at the commencement of working sessions:

24(i) Procedure.

25(ii) Conduct of delegates, including censure,
26suspension or removal.

27(2) The independent entity shall be authorized to do all
28of the following, when required for the conduct of the
29business of the convention:

30(i) Lease or otherwise obtain suitable meeting and

1office space and to purchase or lease supplies,
2equipment, publications and other material necessary for
3the work of the convention.

4(ii) Initiate relevant studies through its own
5personnel or in cooperation with any public or private
6agencies.

7(iii) Hold public hearings.

8(iv) Enter into contracts.

9(v) Receive from the Commonwealth agencies and
10political subdivisions and local agencies assistance
11necessary or desirable to carry out properly the powers
12and duties under this subsection.

13(vi) Submit a budget and additional reports to the
14General Assembly in sufficient time for the General
15Assembly to pass any necessary appropriation act required
16by section 12, as needed.

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

18(1) The organizational session shall be adjourned no
19later than 5 p.m. on April 2, 2014.

20(2) Working sessions of the convention shall commence on
21May 5, 2014.

22(e) Sine die adjournment.--The convention shall adjourn sine
23die no later than August 4, 2014.

24Section 6. Function.

25(a) Scope.--The convention has the power, by a vote of two-
26thirds of its elected delegates on final passage, to make
27recommendations to the electorate on all subjects contained
28within the Constitution of Pennsylvania except for those
29prohibited by the citizens through the referendum conducted
30pursuant to section 3(a).

1(b) Reorganization.--In dealing with the subject matter
2under subsection (a), the convention may recommend amendment,
3addition, deletion, division, transfer, continuation without
4change and implementation schedules.

5Section 7. Manner of submitting proposals to electorate.

6(a) Convention.--The following shall apply:

7(1) The recommendations of the convention shall be
8submitted to the electorate as determined by the convention.

9(2) The convention shall frame the ballot question or
10questions.

11(b) Certification.--The changes proposed and the ballot
12question or questions shall be certified by the president and
13secretary of the convention to the secretary by September 30,
142013.

15Section 8. Submission to electorate.

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

17(1) The secretary shall publish the Constitution of
18Pennsylvania showing the changes proposed by the convention
19and any address to the people by the convention, in
20convenient printed form and in convenient digital form at the
21earliest time practicable after certification.

22(2) The secretary shall advertise the proposals and
23address of the convention in at least two newspapers of
24general circulation in every county once during the second
25week of October 2014 and once during the fourth week of
26October 2014.

27(3) The secretary shall send a sufficient number of
28copies of the printed publication under paragraph (1) to each
29county board to satisfy the requirements of subsection (b).

30(4) Upon request of an elector, the secretary shall send

1a copy of the publication under paragraph (1).

2(b) County boards.--Each county board shall make the
3publication under subsection (a)(1) available at each polling
4place in a quantity equal to the number of voting booths,
5terminals or stations at that polling place.

6(c) Election.--The following shall apply:

7(1) The recommendations of the convention shall be
8submitted to the electors for their approval or rejection at
9the municipal election on November 4, 2014.

10(2) A majority affirmative vote of the electors casting
11votes on the ballot question or questions certified under
12section 7(b) in the election is necessary for the adoption of
13the recommendations of the convention.

14(d) Certification.--The secretary shall certify the results
15of the election no later than November 28, 2014.

16Section 9. Lobbying.

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

18(1) Direct lobbying of individual delegates by
19organizations or individuals registered as lobbyists within
20this Commonwealth on the effective date of this act and for
21the duration of the convention, other than meetings between
22individual electors of a geographic area and the delegate or
23delegates representing the same geographic area, shall be
24prohibited.

25(2) No delegate shall accept any gift, meal, service or
26other benefit, or any promise of such in the future, offered
27by any party in an effort to influence the outcome of the
28convention. Both the offer and acceptance of such a gift,
29meal, service or other benefit shall constitute a felony of
30the first class.

1(b) Convention.--The following shall apply:

2(1) Lobbyists prohibited from lobbying delegates in
3subsection (a)(1) shall be permitted to lobby the convention
4as a whole by the following methods, all of which shall be
5public documents and shall be readily available on the
6Internet site that documents the convention:

7(i) Providing printed reference materials in
8quantities sufficient for distribution to all delegates,
9subject to any pertinent policies adopted by the
10convention.

11(ii) Providing printed and oral testimony at a
12hearing before any committee or subcommittee of the
13convention, subject to any pertinent policies adopted by
14the convention.

15(iii) Providing printed reference materials to
16committees or subcommittees of the convention in
17quantities sufficient for distribution to all delegates,
18subject to any pertinent policies adopted by the
19convention.

20(2) The convention shall not accept, on behalf of its
21delegates, any gift, meal, service or other benefit, or any
22promise of such in the future, offered by any party in an
23effort to influence the outcome of the convention. Both the
24offer and acceptance of such a gift, meal, service or other
25benefit shall constitute a felony of the first class.

26Section 10. Convention open to public.

27Sessions of the convention as a whole and all meetings of its
28committees and subcommittees shall be open to the public, shall
29be recorded in electronic form and shall be made available as
30promptly as possible on the Internet at a site dedicated

1exclusively to the work of the convention.

2Section 11. Judicial immunity.

3Provided no portion of the resultant Constitution of
4Pennsylvania, duly proposed by the convention and adopted by the
5electorate according to the provisions of this act, is found to
6be in violation of the Constitution of the United States, no
7court of this Commonwealth shall have the authority to overturn
8its provisions.

9Section 12. Appropriation.

10If the question in section 3(a) is approved by the
11electorate, the sum of $20,000,000 shall be transferred from the
12nonlapsing leadership accounts of the General Assembly, in four
13equal contributions by the majority and minority caucuses of the
14Senate and the House of Representatives, to carry out the
15provisions of this act. Further sums required by the convention
16to perform its duties, contributed in similar fashion, shall be
17provided upon request by the convention in accordance with
18section 5(c)(2)(vi).

19Section 13. Effective date.

20This act shall take effect as follows:

21(1) Section 12 of this act shall take effect upon
22publication of the notice provided for in section 3(c).

23(2) The remainder of this act shall take effect
24immediately.