| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY CONKLIN, BRENNAN, CALTAGIRONE, CARROLL, DALEY, DePASQUALE, GIBBONS, HORNAMAN, MIRABITO, MULLERY, MUNDY, MURT AND READSHAW, FEBRUARY 24, 2011 |
| |
| |
| REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 24, 2011 |
| |
| |
| |
| AN ACT |
| |
1 | Providing for a Citizens Constitutional Convention, for a |
2 | referendum on the question and for the selection of |
3 | delegates; defining the powers and duties of the convention; |
4 | providing for operation of the convention; conferring powers |
5 | and imposing duties on the Governor, the Secretary of the |
6 | Commonwealth, and the Chief Justice of the Supreme Court; |
7 | providing for a referendum on the convention's report; and |
8 | making an appropriation. |
9 | TABLE OF CONTENTS |
10 | Section 1. Short title. |
11 | Section 2. Definitions. |
12 | Section 3. Referendum. |
13 | Section 4. Convention, membership, qualifications and |
14 | vacancies. |
15 | Section 5. Organization of convention and sessions. |
16 | Section 6. Function. |
17 | Section 7. Manner of submitting proposals to electorate. |
18 | Section 8. Submission to electorate. |
19 | Section 9. Lobbying. |
20 | Section 10. Convention open to public. |
|
1 | Section 11. Judicial immunity. |
2 | Section 12. Appropriation. |
3 | Section 13. Effective date. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Short title. |
7 | This act shall be known and may be cited as the Citizens |
8 | Constitutional Convention Act of 2011. |
9 | Section 2. Definitions. |
10 | The following words and phrases when used in this act shall |
11 | have the meanings given to them in this section unless the |
12 | context clearly indicates otherwise: |
13 | "Committee." The preparatory committee established under |
14 | this act. |
15 | "Convention." The Citizens Constitutional Convention |
16 | authorized by this act. |
17 | "Delegate." A citizen of this Commonwealth who is selected |
18 | to serve at the convention or as an alternate to the convention. |
19 | "Independent entity." A corporation, partnership, |
20 | institution of higher learning, or other entity that does not |
21 | receive funds from the Commonwealth either directly or |
22 | indirectly and that does not seek to influence the passage of |
23 | legislation or regulations by the Commonwealth either directly |
24 | or indirectly. |
25 | "Public official." A person elected by the public, elected |
26 | or appointed by a governmental body or an appointed official in |
27 | the executive, legislative or judicial branch of this |
28 | Commonwealth or any of its political subdivisions. The term |
29 | shall not include members of advisory boards that have no |
30 | authority to do any of the following: |
|
1 | (1) Expend public funds, other than reimbursement for |
2 | personal expenses. |
3 | (2) Otherwise exercise the power of the Commonwealth or |
4 | any of its subdivisions. |
5 | "Secretary." The Secretary of the Commonwealth. |
6 | Section 3. Referendum. |
7 | (a) Question.--At the general election on November 8, 2011, |
8 | the following question shall be submitted to the electorate of |
9 | this Commonwealth to determine its will regarding a |
10 | Constitutional Convention: |
11 | Shall a Constitutional Convention be called in accordance |
12 | with and subject to the limitations and requirements |
13 | contained in the Citizens Constitutional Convention Act of |
14 | 2011 to prepare for submission to the electorate proposals |
15 | for the revision of the Constitution of Pennsylvania? |
16 | (1) If a Constitutional Convention is authorized by this |
17 | referendum, shall the delegates be permitted to recommend |
18 | changes to Article I, the Declaration of Rights? |
19 | (2) If a Constitutional Convention is authorized by this |
20 | referendum, shall the delegates be permitted to recommend |
21 | changes to Article II, the Legislature? |
22 | (3) If a Constitutional Convention is authorized by this |
23 | referendum, shall the delegates be permitted to recommend |
24 | changes to Article III, Legislation? |
25 | (4) If a Constitutional Convention is authorized by this |
26 | referendum, shall the delegates be permitted to recommend |
27 | changes to Article IV, the Executive? |
28 | (5) If a Constitutional Convention is authorized by this |
29 | referendum, shall the delegates be permitted to recommend |
30 | changes to Article V, the Judiciary? |
|
1 | (6) If a Constitutional Convention is authorized by this |
2 | referendum, shall the delegates be permitted to recommend |
3 | changes to Article VI, Public Officers? |
4 | (7) If a Constitutional Convention is authorized by this |
5 | referendum, shall the delegates be permitted to recommend |
6 | changes to Article VII, Elections? |
7 | (8) If a Constitutional Convention is authorized by this |
8 | referendum, shall the delegates be permitted to recommend |
9 | changes to Article VIII, Taxation and Finance? |
10 | (9) If a Constitutional Convention is authorized by this |
11 | referendum, shall the delegates be permitted to recommend |
12 | changes to Article IX, Local Government? |
13 | (10) If a Constitutional Convention is authorized by |
14 | this referendum, shall the delegates be permitted to |
15 | recommend changes to Article X, Private Corporations? |
16 | (11) If a Constitutional Convention is authorized by |
17 | this referendum, shall the delegates be permitted to |
18 | recommend changes to Article XI, Amendments? |
19 | (b) Referendum.--The secretary shall certify questions to |
20 | the county boards. The election shall be conducted in accordance |
21 | with the act of June 3, 1937 (P.L.1333, No.320), known as the |
22 | Pennsylvania Election Code. |
23 | (c) Secretary.--If a majority of the electors casting votes |
24 | on the question under subsection (a) vote in the affirmative, |
25 | the secretary shall transmit notice of the vote, including any |
26 | prohibitions under subsection (a)(1) through (11), to the |
27 | Legislative Reference Bureau for publication as a notice in the |
28 | Pennsylvania Bulletin. |
29 | Section 4. Convention, membership, qualifications and |
30 | vacancies. |
|
1 | (a) Call.--If a majority of the electors voting upon the |
2 | question set forth in section 3(a) vote in the affirmative, a |
3 | convention shall be called by the Governor. |
4 | (b) Delegates.--Within seven days of the approval of the |
5 | question set forth in section 3(a), the secretary shall issue a |
6 | request for proposals from independent entities for the purposes |
7 | of: |
8 | (1) determining a system for selecting delegates to the |
9 | Constitutional Convention that will result in a body of no |
10 | fewer than 150 nor more than 200 delegates who, in the |
11 | aggregate, accurately represent the citizenry of this |
12 | Commonwealth geographically, demographically and |
13 | economically: and |
14 | (2) managing the Constitutional Convention as required |
15 | by section 5(c), including the operation of the convention, |
16 | communications with the public, and creating the official |
17 | record of the convention beginning with introduction of this |
18 | act and ending within six months of the referendum where |
19 | citizens accept or reject the convention's recommendations. |
20 | Within 30 days of the approval of the question set forth in |
21 | section 3(a), the secretary shall award a contract to an |
22 | independent entity for the purpose of delegate selection and |
23 | convention management. Any subcontractors the independent entity |
24 | will employ must be disclosed in its proposal to the secretary |
25 | and must be subject to the same criteria as those applied to the |
26 | independent entity defined in section 2. Within 120 days of the |
27 | approval of the question set forth in section 3(a), the |
28 | independent entity shall select delegates and alternate |
29 | delegates in accordance with the proposal submitted to the |
30 | secretary and shall publish for the delegates and the public |
|
1 | proposed rules of procedure for the convention. |
2 | (c) Qualifications.--A delegate must meet the following |
3 | qualifications: |
4 | (1) Be at least 18 years of age prior to November 8, |
5 | 2011. |
6 | (2) Have been a citizen and resident of this |
7 | Commonwealth for at least four years before the election. |
8 | (3) Reside in the geographic area the delegate |
9 | represents during the delegate's term of service. |
10 | (d) Salary.--Delegates shall be entitled to a salary equal |
11 | to the salary of a member of the General Assembly during their |
12 | term of service, payable monthly. |
13 | (e) Expenses.--Delegates shall be entitled to reimbursement |
14 | for the following expenses: |
15 | (1) Actual mileage traveled in a personal vehicle in the |
16 | performance of their duties during their term of service, |
17 | documented, reported and payable monthly at the applicable |
18 | Federal rate, including commuting mileage. |
19 | (2) Actual expenses for other modes of ground |
20 | transportation in the performance of their duties during |
21 | their term of service, documented, reported and payable |
22 | monthly, including commuting expenses. |
23 | (3) Actual expenses for overnight lodging required for |
24 | the convenience of delegates traveling more than 50 miles |
25 | from their residence in the performance of their duties |
26 | during their term of service, documented, reported and |
27 | payable monthly. |
28 | (4) All documentation used to reimburse delegates for |
29 | eligible expenses shall be public records. Access to, and |
30 | copies of, the records shall be without cost to the |
|
1 | requester. |
2 | (f) Terms of service.--Terms of service for delegates shall |
3 | commence on the date of their oath of office. Terms shall expire |
4 | 30 days following publication of the recommendations authorized |
5 | by the delegates to the convention. |
6 | (g) Exclusions.--The following shall apply: |
7 | (1) No delegate shall, during his or her term of |
8 | service, be appointed to or hold any civil office under this |
9 | Commonwealth to which a salary, fee or perquisite is |
10 | attached. |
11 | (2) No member of Congress or other person holding any |
12 | office, except that of attorney-at-law or in the National |
13 | Guard or a reserve component of the armed forces of the |
14 | United States, under the United States or this Commonwealth |
15 | to which a salary, fee or perquisite is attached shall be a |
16 | delegate during their continuance in office. |
17 | (3) Delegates shall be prohibited from serving as a |
18 | public official as defined in section 2 for a period of two |
19 | years after their term of service expires. |
20 | Section 5. Organization of convention and sessions. |
21 | (a) Convening.--The following shall apply: |
22 | (1) The convention's delegates shall convene in the Hall |
23 | of the House of Representatives on April 2, 2012, at 12 noon. |
24 | (2) The convention shall be called to order by the |
25 | Governor. |
26 | (3) The Chief Justice of the Supreme Court shall |
27 | administer the oath of office in the following form: |
28 | I do solemnly swear (or affirm) that I will support, obey |
29 | and defend the Constitution of the United States and the |
30 | Constitution of Pennsylvania, that I will abide by the |
|
1 | limitations and requirements of the referendum conducted |
2 | pursuant to the Citizens Constitutional Convention Act of |
3 | 2011, and that I will discharge my duties with fidelity. |
4 | (5) Each delegate shall sign and swear a written version |
5 | of the oath of office, provided by the secretary, to be |
6 | preserved with the official journals of the convention, and |
7 | other copies as needed by the secretary. |
8 | (b) Organization.--The following shall apply: |
9 | (1) The convention shall be the final judge of the |
10 | qualifications of its own delegates. |
11 | (2) The convention shall elect from among its delegates |
12 | a president, first vice-president, second vice-president and |
13 | a secretary. |
14 | (3) The convention shall organize one committee for each |
15 | article of the Constitution of Pennsylvania subject to the |
16 | scope of the convention. |
17 | (4) The convention shall organize a committee on |
18 | arrangement, submission and address to the people. |
19 | (c) Duties of independent entity.--The following shall |
20 | apply: |
21 | (1) The independent entity shall prescribe rules for all |
22 | of the following, subject to adoption by a majority of the |
23 | delegates at the commencement of working sessions: |
24 | (i) Procedure. |
25 | (ii) Conduct of delegates, including censure, |
26 | suspension or removal. |
27 | (2) The independent entity shall be authorized to do all |
28 | of the following, when required for the conduct of the |
29 | business of the convention: |
30 | (i) Lease or otherwise obtain suitable meeting and |
|
1 | office space and to purchase or lease supplies, |
2 | equipment, publications and other material necessary for |
3 | the work of the convention. |
4 | (ii) Initiate relevant studies through its own |
5 | personnel or in cooperation with any public or private |
6 | agencies. |
7 | (iii) Hold public hearings. |
8 | (iv) Enter into contracts. |
9 | (v) Receive from the Commonwealth agencies and |
10 | political subdivisions and local agencies assistance |
11 | necessary or desirable to carry out properly the powers |
12 | and duties under this subsection. |
13 | (vi) Submit a budget and additional reports to the |
14 | General Assembly in sufficient time for the General |
15 | Assembly to pass any necessary appropriation act required |
16 | by section 12, as needed. |
17 | (d) Sessions.--The following shall apply: |
18 | (1) The organizational session shall be adjourned no |
19 | later than 5 p.m. on April 4, 2012. |
20 | (2) Working sessions of the convention shall commence on |
21 | May 1, 2012. |
22 | (e) Sine die adjournment.--The convention shall adjourn sine |
23 | die no later than August 2, 2012. |
24 | Section 6. Function. |
25 | (a) Scope.--The convention has the power, by a vote of two- |
26 | thirds of its elected delegates on final passage, to make |
27 | recommendations to the electorate on all subjects contained |
28 | within the Constitution of Pennsylvania except for those |
29 | prohibited by the citizens through the referendum conducted |
30 | pursuant to section 3(a). |
|
1 | (b) Reorganization.--In dealing with the subject matter |
2 | under subsection (a), the convention may recommend amendment, |
3 | addition, deletion, division, transfer, continuation without |
4 | change and implementation schedules. |
5 | Section 7. Manner of submitting proposals to electorate. |
6 | (a) Convention.--The following shall apply: |
7 | (1) The recommendations of the convention shall be |
8 | submitted to the electorate as determined by the convention. |
9 | (2) The convention shall frame the ballot question or |
10 | questions. |
11 | (b) Certification.--The changes proposed and the ballot |
12 | question or questions shall be certified by the president and |
13 | secretary of the convention to the secretary by September 30, |
14 | 2011. |
15 | Section 8. Submission to electorate. |
16 | (a) Secretary.--The following shall apply: |
17 | (1) The secretary shall publish the Constitution of |
18 | Pennsylvania showing the changes proposed by the convention |
19 | and any address to the people by the convention, in |
20 | convenient printed form and in convenient digital form at the |
21 | earliest time practicable after certification. |
22 | (2) The secretary shall advertise the proposals and |
23 | address of the convention in at least two newspapers of |
24 | general circulation in every county once during the second |
25 | week of October 2012 and once during the fourth week of |
26 | October 2012. |
27 | (3) The secretary shall send a sufficient number of |
28 | copies of the printed publication under paragraph (1) to each |
29 | county board to satisfy the requirements of subsection (b). |
30 | (4) Upon request of an elector, the secretary shall send |
|
1 | a copy of the publication under paragraph (1). |
2 | (b) County boards.--Each county board shall make the |
3 | publication under subsection (a)(1) available at each polling |
4 | place in a quantity equal to the number of voting booths, |
5 | terminals or stations at that polling place. |
6 | (c) Election.--The following shall apply: |
7 | (1) The recommendations of the convention shall be |
8 | submitted to the electors for their approval or rejection at |
9 | the municipal election on November 6, 2012. |
10 | (2) A majority affirmative vote of the electors casting |
11 | votes on the ballot question or questions certified under |
12 | section 7(b) in the election is necessary for the adoption of |
13 | the recommendations of the convention. |
14 | (d) Certification.--The secretary shall certify the results |
15 | of the election by November 29, 2012. |
16 | Section 9. Lobbying. |
17 | (a) Delegates.--The following shall apply: |
18 | (1) Direct lobbying of individual delegates by |
19 | organizations or individuals registered as lobbyists within |
20 | this Commonwealth on the effective date of this act and for |
21 | the duration of the convention, other than meetings between |
22 | individual electors of a geographic area and the delegate or |
23 | delegates representing the same geographic area, shall be |
24 | prohibited. |
25 | (2) No delegate shall accept any gift, meal, service or |
26 | other benefit, or any promise of such in the future, offered |
27 | by any party in an effort to influence the outcome of the |
28 | convention. Both the offer and acceptance of such a gift, |
29 | meal, service or other benefit shall constitute a felony of |
30 | the first class. |
|
1 | (b) Convention.--The following shall apply: |
2 | (1) Lobbyists prohibited from lobbying delegates in |
3 | subsection (a)(1) shall be permitted to lobby the convention |
4 | as a whole by the following methods, all of which shall be |
5 | public documents and shall be readily available on the |
6 | Internet site that documents the convention: |
7 | (i) Providing printed reference materials in |
8 | quantities sufficient for distribution to all delegates, |
9 | subject to any pertinent policies adopted by the |
10 | convention. |
11 | (ii) Providing printed and oral testimony at a |
12 | hearing before any committee or subcommittee of the |
13 | convention, subject to any pertinent policies adopted by |
14 | the convention. |
15 | (iii) Providing printed reference materials to |
16 | committees or subcommittees of the convention in |
17 | quantities sufficient for distribution to all delegates, |
18 | subject to any pertinent policies adopted by the |
19 | convention. |
20 | (2) The convention shall not accept, on behalf of its |
21 | delegates, any gift, meal, service or other benefit, or any |
22 | promise of such in the future, offered by any party in an |
23 | effort to influence the outcome of the convention. Both the |
24 | offer and acceptance of such a gift, meal, service or other |
25 | benefit shall constitute a felony of the first class. |
26 | Section 10. Convention open to public. |
27 | Sessions of the convention as a whole and all meetings of its |
28 | committees and subcommittees shall be open to the public, shall |
29 | be recorded in electronic form and shall be made available as |
30 | promptly as possible on the Internet at a site dedicated |
|
1 | exclusively to the work of the convention. |
2 | Section 11. Judicial immunity. |
3 | Provided no portion of the resultant Constitution of |
4 | Pennsylvania, duly proposed by the convention and adopted by the |
5 | electorate according to the provisions of this act, is found to |
6 | be in violation of the Constitution of the United States, no |
7 | court of this Commonwealth shall have the authority to overturn |
8 | its provisions. |
9 | Section 12. Appropriation. |
10 | If the question in section 3(a) is approved by the |
11 | electorate, the sum of $20,000,000 shall be transferred from the |
12 | nonlapsing leadership accounts of the General Assembly, in four |
13 | equal contributions by the majority and minority caucuses of the |
14 | Senate and the House of Representatives, to carry out the |
15 | provisions of this act. Further sums required by the convention |
16 | to perform its duties, contributed in similar fashion, shall be |
17 | provided upon request by the convention in accordance with |
18 | section 5(c)(2)(vi). |
19 | Section 13. Effective date. |
20 | This act shall take effect as follows: |
21 | (1) Section 12 of this act shall take effect upon |
22 | publication of the notice provided for in section 3(c). |
23 | (2) The remainder of this act shall take effect |
24 | immediately. |
|