1Providing for a constitutional convention with limited powers;
2providing for a referendum on the question; providing for the
3selection, nomination and election of delegates; defining the
4powers and duties of the convention; providing for its
5operation; conferring powers and imposing duties on the
6Governor, the Secretary of the Commonwealth, officers of the
7General Assembly and county election boards; providing for a
8referendum on the convention's report; and making an
9appropriation.

10TABLE OF CONTENTS

11Section 1. Short title.

12Section 2. Definitions.

13Section 3. Referendum.

14Section 4. Convention; membership; qualifications; vacancies.

15Section 5. Nomination of elected delegates; withdrawals.

16Section 6. Elected delegates.

17Section 7. Vacancies.

18Section 8. Preparatory Committee.

19Section 9. Organization of convention.

20Section 10. Function.

21Section 11. Manner of submitting proposals to electorate.

1Section 12. Submission to electorate.

2Section 13. Lobbying.

3Section 14. Convention open to public.

4Section 15. Appropriation.

5Section 16. Effective date.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Short title.

9This act shall be known and may be cited as the
10Constitutional Convention Act of 2013.

11Section 2. Definitions.

12The following words and phrases when used in this act shall
13have the meanings given to them in this section unless the
14context clearly indicates otherwise:

15"Candidate." An individual seeking to become an elected 
16delegate.

17"Committee." The Preparatory Committee established in 
18section 8.

19"Convention." The Constitutional Convention authorized by 
20this act.

21"County board." A county board of elections.

22"Delegate." A delegate to the convention. The term includes 
23an elected delegate and an ex officio delegate.

24"Elected delegate." A delegate who is elected to the 
25convention under section 4(b)(1).

26"Ex officio delegate." A delegate to the convention under 
27section 4(b)(2).

28"Secretary." The Secretary of the Commonwealth.

29Section 3. Referendum.

30(a) Question.--At the primary election in May 2013, the

1following question shall be submitted to the electorate of this
2Commonwealth to determine its will regarding a constitutional
3convention with limited powers:

4Shall a constitutional convention be called in accordance
5with and subject to the limitations and requirements
6contained in the Constitutional Convention Act of 2013,
7to prepare for submission to the electorate proposals for
8the revision of the following provisions of the
9Constitution of Pennsylvania as provided in section 10 of
10the Constitutional Convention Act of 2013:

11sections 4, 8 and 16 of Article II;

12sections 4, 13 and 26 of Article III;

13section 16 of Article V?

14(b) Election.--The secretary shall certify questions to the 
15county boards of elections. The election shall be conducted in 
16accordance with the act of June 3, 1937 (P.L.1333, No.320), 
17known as the Pennsylvania Election Code.

18(c) Secretary.--If a majority of the electors voting on the
19question under subsection (a) vote in the affirmative, the
20secretary shall transmit notice of the vote to the Legislative
21Reference Bureau for publication as a notice in the Pennsylvania
22Bulletin.

23Section 4. Convention; membership; qualifications; vacancies.

24(a) Call.--If a majority of the electors voting upon the
25question under section 3(a) vote in the affirmative, a
26convention shall be called by the Governor.

27(b) Delegates.--The convention shall consist of the
28following delegates:

29(1) Three delegates shall be elected from each
30senatorial district. Each elector in each senatorial district

1may vote for not more than two candidates. The three
2candidates receiving the highest number of votes shall be
3elected delegates.

4(2) The following shall be ex officio delegates and
5shall have the powers of elected delegates:

6(i) The Lieutenant Governor.

7(ii) The President pro tempore of the Senate.

8(iii) The Majority Leader of the Senate.

9(iv) The Majority Whip of the Senate.

10(v) The Minority Leader of the Senate.

11(vi) The Minority Whip of the Senate.

12(vii) The Minority Caucus Chairman of the Senate.

13(viii) The Speaker of the House of Representatives.

14(ix) The Majority Leader of the House of
15Representatives.

16(x) The Majority Whip of the House of
17Representatives.

18(xi) The Minority Leader of the House of
19Representatives.

20(xii) The Minority Whip of the House of
21Representatives.

22(xiii) The Minority Caucus Chairman of the House of
23Representatives.

24(c) Qualifications.--An elected delegate must meet the
25following qualifications:

26(1) Be at least 18 years of age.

27(2) Have been a citizen and resident of this
28Commonwealth for at least four years before election.

29(3) Have resided in and been a registered elector of the
30elected delegate's senatorial district for at least one year

1preceding election.

2(4) Reside in the elected delegate's senatorial district
3during term of service.

4(d) Expenses.--Elected delegates shall be entitled to
5reimbursement for reasonable expenses incurred in the
6performance of their duties.

7Section 5. Nomination of elected delegates; withdrawals.

8(a) Political parties.--The county committee of each
9political party in each senatorial district shall collectively
10nominate two candidates in accordance with party rules and the
11names of the nominees submitted to the secretary. The secretary
12shall certify the names of the nominees to the county board as
13provided by law not later than September 18, 2013.

14(b) Political bodies.--Subject to the limitations upon the
15number in this act applicable to political parties, candidates
16may also be nominated by political bodies by petition in
17accordance with the following:

18(1) The secretary shall prescribe the form of the
19petition.

20(2) A petition must be signed by at least 500 qualified
21electors of the senatorial district in accordance with the
22following:

23(i) An elector may not sign more than two nomination
24petitions.

25(ii) A signer must state occupation and residence,
26giving city, borough or township, with street and number,
27and that the signer is a qualified elector of the
28district. The signature must be dated.

29(iii) A petition may not be circulated prior to
30August 21, 2013. A signature shall not be counted unless

1it bears a date later than August 20, 2013.

2(iv) A petition may be on one or more sheets.
3Different sheets must be used for signers resident in
4different counties. If more than one sheet is used, the
5sheets must be bound together when offered for filing if
6they are intended to constitute one petition, and each
7sheet must be numbered consecutively at the foot of each
8page, beginning with number one. Each sheet must have
9appended to it the affidavit of the individual who
10circulated it setting forth:

11(A) that the individual is a qualified elector
12of the senatorial district named in the petition;

13(B) the individual's residence, giving city,
14borough or township, with street and number;

15(C) that the signers to the petition signed with
16knowledge of the contents of the petition;

17(D) that the residences of the signers are
18correctly stated;

19(E) that each signer resides in the district
20named in the affidavit;

21(F) that each signer signed on the date set
22forth; and

23(G) that, to the best of the affiant's knowledge
24and belief, the signers are qualified electors of the
25district.

26(3) A petition must be filed in the office of the
27secretary by September 4, 2013. A filing fee of $100 must be
28paid by the candidate by certified check or money order.

29(c) Candidate's affidavit.--A candidate must file with the
30secretary an affidavit stating all of the following:

1(1) The candidate's residence with street and number and
2post office address.

3(2) That the candidate is eligible for the office of
4elected delegate to the constitutional convention.

5(3) That, if elected, the candidate will faithfully
6observe the limitations and requirements imposed upon the
7convention by this act.

8(4) That the candidate meets the qualifications under
9section 4(c).

10(d) Withdrawal.--A candidate may withdraw as a candidate as
11follows:

12(1) Make a request in writing. The request must be
13signed by the candidate and acknowledged before an officer
14empowered to administer oaths.

15(2) File the request in the office of the secretary by 5
16p.m. on September 11, 2013.

17Section 6. Elected delegates.

18Elections for elected delegates shall be held at the 
19municipal election in November 2013. The secretary shall forward 
20to each county board the names of the candidates. Each elector 
21voting at the municipal election shall be entitled to vote for 
22two candidates from the elector's senatorial district. The three 
23candidates receiving the highest number of votes in each 
24district shall be the elected delegates of that district. In the 
25case of a tie vote, the election shall be determined in 
26accordance with the provisions of section 1418 of the act of 
27June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania 
28Election Code. The county board shall, by November 19, 2013, 
29certify the return to the secretary. The secretary shall, by 
30November 26, 2014, certify to the Governor the names of the 

1elected delegates.

2Section 7. Vacancies.

3(a) Candidate.--In the event of the death or withdrawal of a
4candidate occurring prior to September 18, 2014, a substitute
5nomination shall be made under section 5.

6(b) Elected delegate.--In the event of a vacancy in the
7office of the elected delegate, a successor shall be elected as
8follows:

9(1) If the elected delegate was nominated under section
105(a), the remaining delegates of that political party shall
11elect a successor who meets the qualifications under section
124(c). The secretary shall prescribe appropriate time
13limitations.

14(2) If the elected delegate member was nominated under
15section 5(b), all of the remaining delegates shall elect a
16successor meeting the qualifications under section 4(c).

17Section 8. Preparatory Committee.

18(a) Membership.--Ex officio delegates shall constitute the
19Preparatory Committee to make arrangements for the convention.

20(b) Meeting organization.--Upon certification by the
21secretary of the results of the referendum election under
22section 3, the committee shall have the following powers and
23duties:

24(1) To lease or otherwise obtain suitable meeting and
25office space and to purchase or lease supplies, equipment,
26publications and other materials necessary for the work of
27the convention.

28(2) To hire or engage staff necessary for the
29preparatory work of the convention.

30(3) To initiate relevant studies through its own

1personnel or in cooperation with any public or private
2agencies.

3(4) To hold public hearings.

4(5) To enter into contracts.

5(6) To receive from Commonwealth agencies and political
6subdivisions and local agencies assistance necessary or
7desirable to carry out properly the powers and duties under
8this subsection.

9(7) To submit a budget for the convention to the General
10Assembly in sufficient time for the General Assembly to pass
11the necessary appropriation acts.

12(8) To do other acts necessary to carry out the powers
13and duties under this subsection.

14Section 9. Organization of convention.

15(a) Convening.--

16(1) The convention shall convene in the hall of the
17House of Representatives on December 1, 2013, at 12 noon.

18(2) The convention shall be called to order by the
19Governor.

20(3) The secretary shall certify the returns of the
21elections for elected delegates and issue certificates of
22election.

23(4) The Chief Justice of the Supreme Court or a designee
24of the Chief Justice shall then administer the oath of office
25in the following form:

26I do solemnly swear (or affirm) that I will support, obey
27and defend the Constitution of the United States and the
28Constitution of Pennsylvania, and that I will discharge the
29duties of my office with fidelity.

30(b) Organization.--

1(1) The convention shall be the final judge of the
2qualifications of its own delegates.

3(2) The convention shall organize by electing from among
4its delegates a president, secretary and other officers.

5(3) The convention shall prescribe rules for:

6(i) procedure; and

7(ii) conduct of its delegates, including censure,
8suspension or removal.

9(c) Immunity.--

10(1) A delegate shall in all cases, except treason,
11felony, violation of oath of office and breach of the peace,
12be privileged from arrest during attendance and travel to and
13from the convention.

14(2) A delegate shall not be questioned in any other
15place for any speech or debate in the convention.

16(d) Sine die adjournment.--The convention shall adjourn sine
17die on February 28, 2014.

18Section 10. Function.

19(a) Scope.--The convention has the power, by a vote of a
20majority of delegates, to make recommendations to the electorate
21on the following subjects only:

22(1) Section 4 of Article II of the Constitution of
23Pennsylvania, pertaining to sessions and special sessions of
24each elected legislature.

25(2) Section 8 of Article II of the Constitution of
26Pennsylvania, pertaining to compensation of members of the
27General Assembly.

28(3) Section 16 of Article II of the Constitution of
29Pennsylvania, pertaining to number of legislative districts.

30(4) Section 4 of Article III of the Constitution of

1Pennsylvania, pertaining to legislative consideration of
2bills.

3(5) Section 13 of Article III of the Constitution of
4Pennsylvania, pertaining to limitations on members with a
5personal interest from voting on certain bills.

6(6) Section 26 of Article III of the Constitution of
7Pennsylvania, pertaining to compensation of public officers.

8(7) Section 16 of Article V of the Constitution of
9Pennsylvania, pertaining to the compensation and retirement
10of justices, judges and justices of the peace, also known as
11district judges.

12(b) Limitations.--The convention shall not consider or
13include in its recommendations any of the following:

14(1) A proposal which clearly permits or prohibits the
15imposition of a graduated income tax by the Commonwealth or
16any of its political subdivisions. Section 1 of Article VIII
17of the Constitution of Pennsylvania providing that: "All
18taxes shall be uniform, upon the same class of subjects,
19within the territorial limits of the authority levying the
20tax, and shall be levied and collected under general laws."
21shall not be modified, altered or changed in any respect
22whatsoever.

23(2) Section 11 of Article VIII of the Constitution of
24Pennsylvania as it pertains to the Motor License Fund.

25(c) Reorganization.--In dealing with the subject matter
26under subsection (a), the convention may recommend amendment,
27deletion, transfer or continuation without change.

28Section 11. Manner of submitting proposals to electorate.

29(a) Convention.--

30(1) The recommendations of the convention shall be

1submitted to the electorate as determined by the convention.

2(2) The convention shall frame the ballot questions.

3(b) Certification.--The changes proposed and the ballot
4questions shall be certified by the president and secretary of
5the convention to the secretary by February 28, 2014.

6Section 12. Submission to electorate.

7(a) Secretary.--

8(1) The secretary shall advertise the proposals of the
9convention in at least two newspapers of general circulation
10in every county once during the last week in March 2014.

11(2) The secretary shall publish the Constitution of
12Pennsylvania showing the changes proposed by the convention
13in convenient form.

14(3) The secretary shall send ten copies of the
15publication under paragraph (2) to each county board.

16(4) Upon request of an elector, the secretary shall send
17a copy of the publication under paragraph (2).

18(b) County boards.--A county board shall make the
19publication under subsection (a)(4) available at each polling
20place.

21(c) Election.--

22(1) The recommendations of the convention shall be
23submitted to the electors for their approval or rejection at
24the primary election of 2014.

25(2) A majority vote of the electors voting in the
26election is necessary for the adoption of the recommendations
27of the convention.

28(d) Certification.--The secretary shall certify the results
29of the election.

30Section 13. Lobbying.

1The provisions of 65 Pa.C.S. Ch. 13A (relating to lobbying 
2disclosure) apply to the convention.

3Section 14. Convention open to public.

4Sessions of the convention as a whole shall be open to the
5public.

6Section 15. Appropriation.

7The sum of $1,000,000, or as much thereof as may be
8necessary, is hereby appropriated to the Preparatory Committee
9for the fiscal year July 1, 2013, to June 30, 2014, to carry out
10the provisions of this act.

11Section 16. Effective date.

12This act shall take effect as follows:

13(1) Section 15 shall take effect upon publication of the
14notice under section 3(c).

15(2) The remainder of this act shall take effect
16immediately.