Regular Session 2019-2020 Senate Bill 1035 P.N. 1540

PRINTER'S NO. 1540

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1035

Session of

2020

INTRODUCED BY PHILLIPS-HILL, MASTRIANO, REGAN AND DiSANTO,

FEBRUARY 13, 2020

REFERRED TO STATE GOVERNMENT, FEBRUARY 13, 2020

A JOINT RESOLUTION

Proposing an amendment to the Constitution of the Commonwealth

of Pennsylvania, providing for proposal of amendments by

constitutional conventions.

The General Assembly of the Commonwealth of Pennsylvania

hereby resolves as follows:

Section 1. The following amendment to the Constitution of

Pennsylvania is proposed in accordance with Article XI:

That Article XI be amended by adding a section to read:

§ 2. Proposal of amendments by constitutional conventions.

(a) At the next primary or general election occurring at

least 90 days after adoption of this section, the following

question shall be submitted to the electorate of the

Commonwealth to determine the electorate's will regarding a

Constitutional Convention with limited powers:

Shall a Constitutional Convention be called in accordance

with, and subject to, the limitations and requirements of

section 2 of Article XI of the Constitution of

Pennsylvania to prepare for submission to the electorate

proposals for the revision of Articles II, III, IV and V

of the Constitution of Pennsylvania?

(b) At the primary or general election that occurs every 20

years after the adoption of this section, if the General

Assembly during the legislative session immediately prior to the

primary or general election agrees to, by at least two-thirds of

the members elected to each House, a concurrent resolution

specifying the revision of an article or articles of this

Constitution, the following question shall be submitted to the

electorate of the Commonwealth to determine the electorate's

will regarding a Constitutional Convention with limited powers:

Shall a Constitutional Convention be called in accordance

with, and subject to, the limitations and requirements of

section 2 of Article XI of the Constitution of

Pennsylvania to prepare for submission to the electorate

proposals for the revision of (the article or articles)

of the Constitution of Pennsylvania as specified in the

concurrent resolution agreed to by the General Assembly

in the prior legislative session?

print in bound form separate official ballots in sufficient

numbers to furnish to the election officers in each election

district of the county one ballot to be supplied to each elector

at the primary election and also specimen ballots equal in

number to one-fifth of the official ballots.

(2) In districts where voting machines are used, the

question may appear on the face of the machine where the machine

is properly equipped for that purpose. Otherwise, a separate

printed ballot shall be used.

(3) The results of the election shall be tabulated by the

20200SB1035PN1540 - 2 -

proper election officers of each county and duly certified to

the Secretary of the Commonwealth.

(d) (1) If a majority of the electors voting upon the

question shall favor the holding of a Constitutional Convention

with limited powers, a Constitutional Convention shall be called

by the Governor. It shall consist of 150 members.

(2) Three district delegates shall be elected from each

senatorial district, as provided in this section. Each elector

may vote for not more than two candidates for the office of

delegate. The three candidates receiving the highest number of

votes shall be elected to the office of delegate.

(e) To serve as a delegate to the Constitutional Convention,

an individual must:

(1) Be at least 21 years of age.

(2) Have been a citizen and resident of this Commonwealth

for at least four years.

(3) Have resided in and been a registered elector of the

individual's respective senatorial district at least one year

prior to election as delegate.

(4) Reside in the delegate's respective senatorial district

during the delegate's term of service.

(f) In case of a vacancy in the office of delegate occurring

after the election, if:

(1) The member is an ex officio member, the vacancy shall be

filled by the individual assuming the office.

(2) The member was nominated in accordance with subsection

(g), all the remaining delegates shall elect a successor meeting

the qualification prescribed in this section.

(g) (1) Candidates for delegates to the convention shall be

nominated by petition in accordance with this subsection. A

20200SB1035PN1540 - 3 -

petition must be signed by at least 100 qualified electors of

the candidate's senatorial district, and petitions shall not

include any reference to the political affiliation of the

candidate.

(2) The Secretary of the Commonwealth shall prescribe the

form of the petition in accordance with this subsection. The

Secretary of the Commonwealth shall certify the names of the

nominees to the county boards as provided by law no later than

60 days prior to the next upcoming primary or general election

occurring after passage of the referendum.

(3) The following may not serve as a delegate:

(i) The Governor, Lieutenant Governor, Auditor General,

Attorney General, State Treasurer or a current member of the

General Assembly.

(ii) A current member of the Congress of the United States.

(iii) A sitting judge of a court.

(4) The petitions shall be filed in the office of the

Secretary of the Commonwealth not later than 75 days prior to

the next upcoming primary or general election occurring after

passage of the referendum. A filing fee of $25 shall be paid by

each candidate to the Secretary of the Commonwealth by certified

check or money order.

(5) The following shall apply:

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

petitions for a delegate to represent the elector's district.

(ii) Every signer of a nomination petition shall:

(A) provide the signer's occupation and residence, giving

city, borough or township, with street and number, if any;

(B) state that the signer is a qualified elector of the

district named; and

20200SB1035PN1540 - 4 -

(iii) A nomination petition may not be circulated prior to

20 days before the last day on which the petition may be filed.

(iv) A signature may not be counted unless it bears date

within 20 days of the last day of filing.

(6) Nomination petitions may be on one or more sheets, and

different sheets must be used for signers resident in different

counties. If more than one sheet are intended to constitute one

petition, they shall be bound together when offered for filing,

and each sheet shall be numbered consecutively at the foot of

each page, beginning with number one.

(7) Each sheet shall include an affidavit of the person who

circulated it, stating:

(i) that the person is a qualified elector of the senatorial

district named in the petition;

(ii) the person's residence, giving city, borough or

township, with street and number, if any;

(iii) that the signers of the petition were aware of the

contents of the petition;

(iv) that the signers' respective residences are correctly

stated in the petition;

(v) that each signer resides in the district named in the

affidavit;

(vi) that each person signed on the date set opposite the

person's name; and

(vii) that, to the best of the affiant's knowledge and

belief, the signers are qualified electors of the district.

(8) Each candidate for delegate shall file with the

Secretary of the Commonwealth an affidavit stating:

(i) the candidate's residence, with street and number, if

20200SB1035PN1540 - 5 -

any, and the candidate's post office address;

(ii) that the candidate is eligible for the office of

delegate to the Constitutional Convention;

(iii) that, if elected, the candidate will faithfully

observe the limitations and requirements imposed upon the

Constitutional Convention by this act; and

(iv) that the candidate has been a citizen and resident of

this Commonwealth for at least four years and has been a

registered elector for at least one year in the district which

the candidate seeks to represent.

(9) A candidate for election as a delegate to the

Constitutional Convention may withdraw the candidate's name by a

request in writing, signed by the candidate and acknowledged

before an officer empowered to administer oaths, filed in the

office of the Secretary of the Commonwealth not later than 5

p.m. on the fifth day next succeeding the last day for filing

nomination petitions.

(10) In the event of the death or withdrawal of a candidate

occurring prior to the time prescribed by this subsection,

substitute nominations shall be made in accordance with the

provisions of this section.

(h) (1) If approved by the electorate, elections for

delegates to the Constitutional Convention shall be held at the

next upcoming primary or general election.

(2) The Secretary of the Commonwealth shall forward to the

county board of elections of each county the names of the

candidates for the office of delegate.

(3) Each elector voting at the election shall be entitled to

vote for two candidates for the office of delegate from the

elector's district.

20200SB1035PN1540 - 6 -

(4) The three candidates receiving the highest number of

votes in each district shall be the elected delegates of that

district.

(5) Within 15 days, the county boards of elections shall

make to the Secretary of the Commonwealth the proper

certification of returns of votes cast for the candidates for

election for the office of delegate.

(i) At the same time as certification of the other election

results, the Secretary of the Commonwealth shall certify to the

Governor the names of the delegates elected to the

Constitutional Convention.

(j) In the case of a tie vote, the election shall be

determined in accordance with the law.

(k) (1) The Lieutenant Governor, the President pro tempore

of the Senate, the Majority Leader of the Senate, the Majority

Whip of the Senate, the Minority Leader of the Senate, the

Minority Whip of the Senate, the Minority Caucus Chairperson of

the Senate, the Speaker of the House of Representatives, the

Majority Leader of the House of Representatives, the Majority

Whip of the House of Representatives, the Minority Leader of the

House of Representatives, the Minority Whip of the House of

Representatives and the Minority Caucus Chairperson of the House

of Representatives shall constitute a Preparatory Committee to

make arrangements for the Constitutional Convention.

(2) The Preparatory Committee shall have authority

immediately following an affirmative vote by the electorate on

the question of holding a Constitutional Convention to lease or

otherwise obtain suitable meeting and office space, to purchase

or lease office supplies, equipment, books and other

publications and other materials necessary for the work of the

20200SB1035PN1540 - 7 -

Constitutional Convention and to hire or engage secretaries,

technical assistants, printers and other employees or

consultants as may be deemed necessary for the preparatory work

of the Constitutional Convention.

(3) The Preparatory Committee shall initiate studies,

inquiries, surveys or analyses the Preparatory Committee may

deem relevant through the committee's own personnel or in

cooperation with public or private agencies, including

institutes, universities, foundations or research organizations.

In so doing, the Preparatory Committee may hold public or

private hearings.

(4) The Preparatory Committee may issue subpoenas under the

hand and seal of the chairperson commanding any person to appear

before it and to answer questions touching matters properly

being inquired into by the committee and to produce books,

papers, records and documents that the committee deems

necessary. The subpoenas may be served upon any person and shall

have the force and effect of subpoenas issued out of the courts

of this Commonwealth.

(5) A person who willfully neglects or refuses to testify

before the Preparatory Committee or to produce any book, paper,

record or document shall be subject to the penalties provided by

the laws of this Commonwealth in the case.

(6) Each member of the Preparatory Committee shall have

power to administer oaths and affirmations to witnesses

appearing before the Preparatory Committee.

(7) The Preparatory Committee may request and shall receive

from any department, division, board, bureau, commission or

agency of the Commonwealth or a political subdivision thereof

facilities, assistance and data as it deems necessary or

20200SB1035PN1540 - 8 -

desirable to carry out properly the Preparatory Committee's

powers and duties.

(8) The Preparatory Committee may enter into agreements and

perform acts that may be necessary, desirable or proper to carry

out the provisions of this section.

(9) The Preparatory Committee shall prepare budgets for the

holding of the Constitutional Convention. The recommended

budgets shall be submitted to the General Assembly in sufficient

time for the General Assembly to pass the necessary

appropriation acts.

(10) The members of the Preparatory Committee shall receive

no compensation for service but shall be allowed their actual

and necessary expenses incurred in the performance of their

duties.

(11) The authority of the Preparatory Committee shall expire

upon election of convention officers, except to sign documents

necessary to obtain payments from the State Treasury for any

commitments made under the authority of this section prior

thereto and to submit any report to the Constitutional

Convention.

(12) A fund shall be established in the State Treasury for

the purpose of accepting appropriations for the expenses of the

convention, as well as donations from the public.

(l) (1) The Constitutional Convention shall convene in the

Hall of the House of Representatives in Harrisburg, Dauphin

County, Pennsylvania, on July 1 at 12 o'clock noon. The

Constitutional Convention shall be called to order by the

Governor.

(2) The Secretary of the Commonwealth shall certify the

returns of the elections for delegates to the Constitutional

20200SB1035PN1540 - 9 -

Convention and issue certificates of election to those elected.

(3) The Chief Justice of the Supreme Court of Pennsylvania

or the Chief Justice's appointee shall then administer the oath

of office in the following form:

"I do solemnly swear (or affirm) that I will support,

obey and defend the Constitution of the United States and

the Constitution of this Commonwealth and that I will

discharge the duties of my office with fidelity."

(m) (1) The Constitutional Convention shall organize by

electing from among its delegates a president, secretary and

other officers necessary for the transaction of its business.

(2) No member of the General Assembly may be an officer of

the Constitutional Convention.

(3) The Constitutional Convention shall determine the rules

of its own proceedings and shall be the final judge of the

qualifications of its own delegates. The Constitutional

Convention shall determine rules for the conduct of its

delegates and provide for the censure, suspension or removal of

a delegate, if necessary.

(n) The delegates to the Constitutional Convention shall in

all cases, except treason, felony, violation of their oath of

office and breach or surety of the peace, be privileged from

arrest during their attendance at the session of the

Constitutional Convention and in going to and returning from the

Constitutional Convention and, for any speech or debate in the

Constitutional Convention, they shall not be questioned in any

other place.

(o) In addition to any powers provided in this section, the

Constitutional Convention shall have all of the powers given to

the Preparatory Committee under subsection (k).

20200SB1035PN1540 - 10 -

(p) The Constitutional Convention shall have the power to

adjourn from time to time and to meet at appropriate places in

the City of Harrisburg as it shall determine.

(q) The Constitutional Convention shall conclude its session

sine die not later than November 1.

(r) (1) Except as provided in paragraph (2), the

Constitutional Convention under subsection (a), shall have the

power by a vote of a majority of the 150 delegates to make

recommendations to the electorate on the following subjects

only:

(i) The following sections of Article II of this

Constitution:

(A) Section 3, as it relates to limits or changes in the

length of terms for members of the General Assembly.

(B) Section 4, as it relates to the full-time or part-time

nature of the General Assembly.

of the General Assembly.

(D) Section 16, as it relates to the number of seats in the

General Assembly and the allocation of Senatorial seats.

(ii) The following sections of Article III of this

Constitution:

(A) Subarticle A, as it relates to amendments of legislation

on third consideration.

(B) Section 13, as it relates to prohibitions on voting.

(D) Section 24, as it relates to spending without an enacted

budget in place.

(E) Section 26, as it relates to pensions and cost-of-living

increases.

20200SB1035PN1540 - 11 -

(iii) The following sections of Article IV of this

Constitution:

(A) Section 4, as it relates to the office of Lieutenant

Governor. The recommendations may include removal of the office

of Lieutenant Governor.

(B) Section 14, as it relates to simultaneously serving as

Lieutenant Governor and a member of the Senate.

(iv) The following sections of Article V of this

Constitution:

(A) Section 10, as it relates to independent review.

(B) Section 17, as it relates to work outside of court

service.

special tribunals and the selection of non-bar members for

disciplinary board.

(2) (i) A delegate may not support a proposal that goes

beyond the subject matter specified under paragraph (1). This

prohibition specifically includes consideration at any stage of

the Constitutional Convention of an amendment which in any way

seeks to amend, modify or repeal a provision regarding any of

the following:

(A) The Declaration of Rights of the Constitution of

Pennsylvania.

(B) The imposition of a graduated income tax by the

Commonwealth or any of its political subdivisions.

(ii) A delegate who receives and accepts an item of value,

excluding education materials, from a person in connection with

service as a delegate shall be immediately disqualified and

immediately replaced by an alternate.

20200SB1035PN1540 - 12 -

(3) A Constitutional Convention under subsection (b) shall

have the power by a vote of a majority of the 150 delegates to

make recommendations to the electorate on the subjects contained

in the concurrent resolution agreed to by each house as provided

in subsection (b).

(4) A delegate may not submit a proposal that goes beyond

the subject matter specified in paragraph (3).

(5) In dealing with the subject matter as prescribed by this

subsection, the Constitutional Convention may recommend that a

provision be transferred to another article, modified, deleted,

repealed, substituted by an entirely new provision or continued

without change.

(6) The Constitutional Convention shall make its

recommendations regarding legislative apportionment as a

replacement for the existing Article II, section 16 of this

Constitution and shall arrange its recommendations on the other

subjects assigned to it in separate articles.

(7) The Constitutional Convention's recommendations on an

article shall not be numbered. If approved by the electors, the

articles shall be numbered by the Governor as provided by law.

(s) (1) The recommendations of the Constitutional

Convention shall be submitted to the electorate separately as

determined by the Constitutional Convention. The recommendations

may be in any number of sections which the Constitutional

Convention deems suitable.

(2) The Constitutional Convention shall frame the ballot

questions that bring the recommendations to the electorate.

(3) There shall be no fewer than one separate question for

each of the articles to be recommended by the Constitutional

Convention.

20200SB1035PN1540 - 13 -

(t) (1) The changes proposed, together with the questions

framed by the Constitutional Convention, shall be certified by

the president and secretary of the Constitutional Convention to

the Secretary of the Commonwealth not later than March 7 of the

year following adjournment.

(2) The Secretary of the Commonwealth shall then advertise

the proposals of the Constitutional Convention in a newspaper of

general circulation, if any, in every county of this

Commonwealth once during the first week in April.

(3) The Secretary of the Commonwealth shall:

(i) publish on the Department of State's publicly accessible

Internet website the changes to the Constitution of Pennsylvania

as proposed by the Constitutional Convention in convenient form;

(ii) send a copy to each elector requesting a copy; and

(iii) send ten copies through the county boards of elections

to each polling place for the use of the voters during the

election.

(u) The recommendations of the Constitutional Convention

shall be submitted to the electorate for approval or rejection

on a separate ballot at the next primary election. In districts

where voting machines are used, the question may appear on the

face of the machine if the machine is properly equipped for that

purpose; otherwise, a separate printed ballot shall be used. A

majority vote of the electors voting on a recommendation shall

be necessary for the adoption of the recommendations of the

Constitutional Convention. If adopted, a recommendation shall

become effective as provided in the recommendation or by the

schedule attached to the recommendation. The Governor, upon

receipt from the Secretary of the Commonwealth of a certificate

of the results of the election, shall immediately make

20200SB1035PN1540 - 14 -

proclamation of the results.

(v) (1) Members of the Constitutional Convention shall

receive an allowance for traveling expenses at the same rate and

computed on the same basis as traveling expenses for State

Senators, payable monthly.

(2) The members of the General Assembly and officers and

employees of the Commonwealth shall be reimbursed for the

expenses under this subsection only if not otherwise paid by the

Commonwealth.

(w) (1) An individual who is employed or engaged for

compensation, by any other person or a partnership, committee,

association, corporation or other organization, to advocate

passage or defeat of proposals of the Constitutional Convention

or proposals of any of the Constitutional Convention's delegates

shall, before beginning those activities, submit to the

secretary of the Constitutional Convention a registration

statement made under oath or affirmation before an officer

authorized by law to administer oaths stating:

(i) The name and business address of the lobbyist.

(ii) The name and address of the person, partnership,

committee, association, corporation or other organization by

whom the lobbyist is employed or engaged.

(iii) The name and address of the person, partnership,

committee, association, corporation or other organization in

whose interest the lobbyist will advocate the passage or defeat

of proposals of the Constitutional Convention.

(iv) The duration of the lobbyist's employment.

(2) Whenever any of the facts under paragraph (1) change,

the lobbyist shall file a revised registration statement.

(3) A registration statement under this subsection shall be

20200SB1035PN1540 - 15 -

a public record.

(4) A person violating any of the provisions of this

subsection commits a misdemeanor and shall, upon conviction, be

sentenced to pay a fine as prescribed by law or to imprisonment

for not more than one year, or both.

(x) Sessions of the Constitutional Convention as a whole

shall be open to the public.

Section 2. (a) Upon the first passage by the General

Assembly of this proposed constitutional amendment, the

Secretary of the Commonwealth shall proceed immediately to

comply with the advertising requirements of section 1 of Article

XI of the Constitution of Pennsylvania and shall transmit the

required advertisements to two newspapers in every county in

which such newspapers are published in sufficient time after

passage of this proposed constitutional amendment.

(b) Upon the second passage by the General Assembly of this

proposed constitutional amendment, the Secretary of the

Commonwealth shall proceed immediately to comply with the

advertising requirements of section 1 of Article XI of the

Constitution of Pennsylvania and shall transmit the required

advertisements to two newspapers in every county in which such

newspapers are published in sufficient time after passage of

this proposed constitutional amendment. The Secretary of the

Commonwealth shall submit this proposed constitutional amendment

to the qualified electors of this Commonwealth at the first

primary, general or municipal election which meets the

requirements of and is in conformance with section 1 of Article

XI of the Constitution of Pennsylvania and which occurs at least

three months after the proposed constitutional amendment is

passed by the General Assembly.

20200SB1035PN1540 - 16 -