PRINTER'S NO. 744
No. 649 Session of 2007
INTRODUCED BY DALLY, BENNINGHOFF, BASTIAN, BEYER, CALTAGIRONE, CAPPELLI, CLYMER, ELLIS, EVERETT, FAIRCHILD, GALLOWAY, GERGELY, GILLESPIE, GRELL, GRUCELA, HENNESSEY, HORNAMAN, HUTCHINSON, KAUFFMAN, KOTIK, MACKERETH, MARSHALL, McILHATTAN, NAILOR, NICKOL, PAYNE, PETRARCA, REED, SCAVELLO, SCHRODER, SIPTROTH, SONNEY, SWANGER, TANGRETTI AND TURZAI, MARCH 9, 2007
REFERRED TO COMMITTEE ON APPROPRIATIONS, MARCH 9, 2007
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 TABLE OF CONTENTS 11 Section 1. Short title. 12 Section 2. Definitions. 13 Section 3. Referendum. 14 Section 4. Convention; membership; qualifications; vacancies. 15 Section 5. Nomination of elected delegates; withdrawals. 16 Section 6. Elected delegates. 17 Section 7. Vacancies. 18 Section 8. Preparatory Committee. 19 Section 9. Organization of convention.
1 Section 10. Function. 2 Section 11. Manner of submitting proposals to electorate. 3 Section 12. Submission to electorate. 4 Section 13. Lobbying. 5 Section 14. Convention open to public. 6 Section 15. Appropriation. 7 Section 16. Effective date. 8 The General Assembly of the Commonwealth of Pennsylvania 9 hereby enacts as follows: 10 Section 1. Short title. 11 This act shall be known and may be cited as the 12 Constitutional Convention Act of 2007. 13 Section 2. Definitions. 14 The following words and phrases when used in this act shall 15 have the meanings given to them in this section unless the 16 context clearly indicates otherwise: 17 "Candidate." An individual seeking to become an elected 18 delegate. 19 "Committee." The Preparatory Committee established in 20 section 8. 21 "Convention." The constitutional convention authorized by 22 this act. 23 "County board." A county board of elections. 24 "Delegate." A delegate to the convention. The term includes 25 an elected delegate and an ex officio delegate. 26 "Elected delegate." A delegate who is elected to the 27 convention under section 4(b)(1). 28 "Ex officio delegate." A delegate to the convention under 29 section 4(b)(2). 30 "Secretary." The Secretary of the Commonwealth. 20070H0649B0744 - 2 -
1 Section 3. Referendum. 2 (a) Question.--At the general election in November 2007, the 3 following question shall be submitted to the electorate of this 4 Commonwealth to determine its will regarding a constitutional 5 convention with limited powers: 6 Shall a constitutional convention be called in accordance 7 with and subject to the limitations and requirements 8 contained in the Constitutional Convention Act of 2007, 9 to prepare for submission to the electorate proposals for 10 the revision of the following provisions of the 11 Constitution of Pennsylvania as provided in section 10 of 12 the Constitutional Convention Act of 2007: section 10 of 13 Article I; sections 8 and 16 of Article II; sections 14, 14 15, 18, 26 and 27 of Article III; Article V; section 12 15 of Article VIII; Article IX and section 17 of Schedule 16 No. 1? 17 (b) Election.--The secretary shall certify questions to the 18 county boards of elections. The election shall be conducted in 19 accordance with the act of June 3, 1937 (P.L.1333, No.320), 20 known as the Pennsylvania Election Code. 21 (c) Secretary.--If a majority of the electors voting on the 22 question under subsection (a) vote in the affirmative, the 23 secretary shall transmit notice of the vote to the Legislative 24 Reference Bureau for publication as a notice in the Pennsylvania 25 Bulletin. 26 Section 4. Convention; membership; qualifications; vacancies. 27 (a) Call.--If a majority of the electors voting upon the 28 question under section 3(a) vote in the affirmative, a 29 convention shall be called by the Governor. 30 (b) Delegates.--The convention shall consist of the 20070H0649B0744 - 3 -
1 following delegates: 2 (1) Three delegates shall be elected from each 3 senatorial district. Each elector in each senatorial district 4 may vote for not more than two candidates. The three 5 candidates receiving the highest number of votes shall be 6 elected delegates. 7 (2) The following shall be ex officio delegates and 8 shall have the powers of elected delegates: 9 (i) The Lieutenant Governor. 10 (ii) The President pro tempore of the Senate. 11 (iii) The Majority Leader of the Senate. 12 (iv) The Majority Whip of the Senate. 13 (v) The Minority Leader of the Senate. 14 (vi) The Minority Whip of the Senate. 15 (vii) The Minority Caucus Chairman of the Senate. 16 (viii) The Speaker of the House of Representatives. 17 (ix) The Majority Leader of the House of 18 Representatives. 19 (x) The Majority Whip of the House of 20 Representatives. 21 (xi) The Minority Leader of the House of 22 Representatives. 23 (xii) The Minority Whip of the House of 24 Representatives. 25 (xiii) The Minority Caucus Chairman of the House of 26 Representatives. 27 (c) Qualifications.--An elected delegate must meet the 28 following qualifications: 29 (1) Be at least 18 years of age. 30 (2) Have been a citizen of the United States and 20070H0649B0744 - 4 -
1 resident of this Commonwealth for at least four years before 2 election. 3 (3) Have resided in and been a registered elector of the 4 elected delegate's senatorial district for at least one year 5 preceding election. 6 (4) Reside in the elected delegate's senatorial district 7 during term of service. 8 (d) Expenses.--Elected delegates shall be entitled to 9 reimbursement for reasonable expenses incurred in the 10 performance of their duties. 11 Section 5. Nomination of elected delegates; withdrawals. 12 (a) Political parties.--The county committee of each 13 political party in each senatorial district shall collectively 14 nominate two candidates in accordance with party rules and the 15 names of the nominees submitted to the secretary. The secretary 16 shall certify the names of the nominees to the county board as 17 provided by law not later than September 29, 2008. 18 (b) Political bodies.--Subject to the limitations upon the 19 number in this act applicable to political parties, candidates 20 may also be nominated by political bodies by petition in 21 accordance with the following: 22 (1) The secretary shall prescribe the form of the 23 petition. 24 (2) A petition must be signed by at least 500 qualified 25 electors of the senatorial district in accordance with the 26 following: 27 (i) An elector may not sign more than two nomination 28 petitions. 29 (ii) A signer must state occupation and residence, 30 giving city, borough or township, with street and number, 20070H0649B0744 - 5 -
1 and that the signer is a qualified elector of the 2 district. The signature must be dated. 3 (iii) A petition may not be circulated prior to 4 August 25, 2008. A signature shall not be counted unless 5 it bears a date later than August 24, 2008. 6 (iv) A petition may be on one or more sheets. 7 Different sheets must be used for signers resident in 8 different counties. If more than one sheet is used, the 9 sheets must be bound together when offered for filing if 10 they are intended to constitute one petition, and each 11 sheet must be numbered consecutively at the foot of each 12 page, beginning with number one. Each sheet must have 13 appended to it the affidavit of the individual who 14 circulated it setting forth: 15 (A) that the individual is a qualified elector 16 of the senatorial district named in the petition; 17 (B) the individual's residence, giving city, 18 borough or township, with street and number; 19 (C) that the signers to the petition signed with 20 knowledge of the contents of the petition; 21 (D) that the residences of the signers are 22 correctly stated; 23 (E) that each signer resides in the district 24 named in the affidavit; 25 (F) that each signer signed on the date set 26 forth; and 27 (G) that, to the best of the affiant's knowledge 28 and belief, the signers are qualified electors of the 29 district. 30 (3) A petition must be filed in the office of the 20070H0649B0744 - 6 -
1 secretary by September 15, 2008. A filing fee of $100 must be 2 paid by the candidate by certified check or money order. 3 (c) Candidate's affidavit.--A candidate must file with the 4 secretary an affidavit stating all of the following: 5 (1) The candidate's residence with street and number and 6 post office address. 7 (2) That the candidate is eligible for the office of 8 elected delegate to the constitutional convention. 9 (3) That, if elected, the candidate will faithfully 10 observe the limitations and requirements imposed upon the 11 convention by this act. 12 (4) That the candidate meets the qualifications under 13 section 4(c). 14 (d) Withdrawal.--A candidate may withdraw as a candidate as 15 follows: 16 (1) Make a request in writing. The request must be 17 signed by the candidate and acknowledged before an officer 18 empowered to administer oaths. 19 (2) File the request in the office of the secretary by 5 20 p.m. on September 24, 2008. 21 Section 6. Elected delegates. 22 Elections for elected delegates shall be held at the general 23 election in November 2008. The secretary shall forward to each 24 county board the names of the candidates. Each elector voting at 25 the municipal election shall be entitled to vote for two 26 candidates from the elector's senatorial district. The three 27 candidates receiving the highest number of votes in each 28 district shall be the elected delegates of that district. In the 29 case of a tie vote, the election shall be determined in 30 accordance with the provisions of section 1418 of the act of 20070H0649B0744 - 7 -
1 June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania 2 Election Code. The county board shall, by November 16, 2008, 3 certify the return to the secretary. The secretary shall, by 4 November 23, 2008, certify to the Governor the names of the 5 elected delegates. 6 Section 7. Vacancies. 7 (a) Candidate.--In the event of the death or withdrawal of a 8 candidate occurring prior to October 1, 2008, a substitute 9 nomination shall be made under section 5. 10 (b) Elected delegate.--In the event of a vacancy in the 11 office of the elected delegate, a successor shall be elected as 12 follows: 13 (1) If the elected delegate was nominated under section 14 5(a), the remaining delegates of that political party shall 15 elect a successor who meets the qualifications under section 16 4(c). The secretary shall prescribe appropriate time 17 limitations. 18 (2) If the elected delegate member was nominated under 19 section 5(b), all of the remaining delegates shall elect a 20 successor meeting the qualifications under section 4(c). 21 Section 8. Preparatory Committee. 22 (a) Membership.--Ex officio delegates shall constitute the 23 Preparatory Committee to make arrangements for the convention. 24 (b) Meeting organization.--Upon certification by the 25 secretary of the results of the referendum election under 26 section 3, the committee shall have the following powers and 27 duties: 28 (1) To lease or otherwise obtain suitable meeting and 29 office space and to purchase or lease supplies, equipment, 30 publications and other materials necessary for the work of 20070H0649B0744 - 8 -
1 the convention. 2 (2) To hire or engage staff necessary for the 3 preparatory work of the convention. 4 (3) To initiate relevant studies through its own 5 personnel or in cooperation with any public or private 6 agencies. 7 (4) To hold public hearings. 8 (5) To enter into contracts. 9 (6) To receive from Commonwealth agencies and political 10 subdivisions and local agencies assistance necessary or 11 desirable to carry out properly the powers and duties under 12 this subsection. 13 (7) To submit a budget for the convention to the General 14 Assembly in sufficient time for the General Assembly to pass 15 the necessary appropriation acts. 16 (8) To do other acts necessary to carry out the powers 17 and duties under this subsection. 18 Section 9. Organization of convention. 19 (a) Convening.-- 20 (1) The convention shall convene in the Hall of the 21 House of Representatives on December 1, 2008, at 12 noon. 22 (2) The convention shall be called to order by the 23 Governor. 24 (3) The secretary shall certify the returns of the 25 elections for elected delegates and issue certificates of 26 election. 27 (4) The Chief Justice of the Supreme Court or a designee 28 of the Chief Justice shall then administer the oath of office 29 in the following form: 30 I do solemnly swear (or affirm) that I will support, obey 20070H0649B0744 - 9 -
1 and defend the Constitution of the United States and the 2 Constitution of Pennsylvania, and that I will discharge 3 the duties of my office with fidelity. 4 (b) Organization.-- 5 (1) The convention shall be the final judge of the 6 qualifications of its own delegates. 7 (2) The convention shall organize by electing from among 8 its delegates a president, secretary and other officers. 9 (3) The convention shall prescribe rules for: 10 (i) procedure; and 11 (ii) conduct of its delegates, including censure, 12 suspension or removal. 13 (c) Immunity.-- 14 (1) A delegate shall in all cases, except treason, 15 felony, violation of oath of office and breach of the peace, 16 be privileged from arrest during attendance and travel to and 17 from the convention. 18 (2) A delegate shall not be questioned in any other 19 place for any speech or debate in the convention. 20 (d) Sine die adjournment.--The convention shall adjourn sine 21 die on February 28, 2009. 22 Section 10. Function. 23 (a) Scope.--The convention has the power, by a vote of a 24 majority of delegates, to make recommendations to the electorate 25 on the following subjects only: 26 (1) Section 10 of Article I of the Constitution of 27 Pennsylvania, pertaining to the taking of private property 28 for a public purpose. 29 (2) Section 8 of Article II of the Constitution of 30 Pennsylvania, pertaining to compensation of members of the 20070H0649B0744 - 10 -
1 General Assembly. 2 (3) Section 16 of Article II of the Constitution of 3 Pennsylvania, pertaining to number of legislative districts. 4 (4) Sections 14 and 15 of Article III of the 5 Constitution of Pennsylvania, pertaining to public education. 6 (5) Section 18 of Article III of the Constitution of 7 Pennsylvania, pertaining to limitations on the recovery of 8 noneconomic damages for injuries resulting in death or for 9 injuries to persons or property. 10 (6) Sections 26 and 27 of Article III of the 11 Constitution of Pennsylvania, pertaining to compensation of 12 public officers. 13 (7) Section 10(c) of Article V of the Constitution of 14 Pennsylvania, pertaining to the power of the Supreme Court to 15 make rules governing the practice of law. 16 (8) Section 13(b) of Article V of the Constitution of 17 Pennsylvania, limited to the filling of vacancies in the 18 office of judge of the court of common pleas and justices of 19 the peace. 20 (9) Section 15 of Article V of the Constitution of 21 Pennsylvania, pertaining to judicial compensation. 22 (10) Article V of the Constitution of Pennsylvania, 23 pertaining to the appointment and qualifications of judges of 24 courts of the Commonwealth and magisterial district justices 25 and terms of appellate judges. 26 (11) Section 12 of Article VIII of the Constitution of 27 Pennsylvania, allowing for statutory limitations on annual 28 increases in government spending. 29 (12) Article IX of the Constitution of Pennsylvania, 30 limited to provisions for consolidation of municipalities and 20070H0649B0744 - 11 -
1 school districts by local referendum. 2 (13) Section 17 of Schedule No. 1 of the Constitution of 3 Pennsylvania, pertaining to judicial compensation. 4 (b) Limitations.--The convention shall not consider or 5 include in its recommendations any of the following: 6 (1) A proposal which clearly permits or prohibits the 7 imposition of a graduated income tax by the Commonwealth or 8 any of its political subdivisions. Section 1 of Article VIII 9 of the Constitution of Pennsylvania providing that: "All 10 taxes shall be uniform, upon the same class of subjects, 11 within the territorial limits of the authority levying the 12 tax, and shall be levied and collected under general laws." 13 shall not be modified, altered or changed in any respect 14 whatsoever. 15 (2) Section 11 of Article VIII of the Constitution of 16 Pennsylvania pertaining to the Motor License Fund. 17 (c) Reorganization.--In dealing with the subject matter 18 under subsection (a), the convention may recommend amendment, 19 deletion, transfer or continuation without change. 20 Section 11. Manner of submitting proposals to electorate. 21 (a) Convention.-- 22 (1) The recommendations of the convention shall be 23 submitted to the electorate as determined by the convention. 24 (2) The convention shall frame the ballot questions. 25 (b) Certification.--The changes proposed and the ballot 26 questions shall be certified by the president and secretary of 27 the convention to the secretary by February 28, 2009. 28 Section 12. Submission to electorate. 29 (a) Secretary.-- 30 (1) The secretary shall advertise the proposals of the 20070H0649B0744 - 12 -
1 convention in at least two newspapers of general circulation 2 in every county once during the last week in March 2009. 3 (2) The secretary shall publish the Constitution of 4 Pennsylvania showing the changes proposed by the convention 5 in convenient form. 6 (3) The secretary shall send ten copies of the 7 publication under paragraph (2) to each county board. 8 (4) Upon request of an elector, the secretary shall send 9 a copy of the publication under paragraph (2). 10 (b) County boards.--A county board shall make the 11 publication under subsection (a)(4) available at each polling 12 place. 13 (c) Election.-- 14 (1) The recommendations of the convention shall be 15 submitted to the electors for their approval or rejection at 16 the primary election of 2009. 17 (2) A majority vote of the electors voting in the 18 election is necessary for the adoption of the recommendations 19 of the convention. 20 (d) Certification.--The secretary shall certify the results 21 of the election. 22 Section 13. Lobbying. 23 The provisions of 65 Pa.C.S. Ch. 13A (relating to lobbying 24 disclosure) apply to the convention. 25 Section 14. Convention open to public. 26 Sessions of the convention as a whole shall be open to the 27 public. 28 Section 15. Appropriation. 29 The sum of $1,000,000, or as much thereof as may be 30 necessary, is hereby appropriated to the Preparatory Committee 20070H0649B0744 - 13 -
1 for the fiscal year July 1, 2007, to June 30, 2008, to carry out 2 the provisions of this act. 3 Section 16. Effective date. 4 This act shall take effect as follows: 5 (1) Section 15 shall take effect upon publication of the 6 notice under section 3(c). 7 (2) The remainder of this act shall take effect 8 immediately. B23L83BIL/20070H0649B0744 - 14 -