Bill Text: PA HB1040 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for a citizens' constitutional convention, for a referendum on the question and for the nomination and election of delegates; defining the powers and duties of the convention; providing for operation of the convention; conferring powers and imposing duties on the Governor, the Lieutenant Governor, the Secretary of the Commonwealth, the Chief Justice of the Supreme Court, certain judges of the Commonwealth Court, the State Treasurer, the Auditor General, the Attorney General, officers of the General Assembly, the Pennsylvania Historical and Museum Commission and county election boards; providing for a referendum on the convention's report; imposing penalties; and making an appropriation.

Spectrum: Moderate Partisan Bill (Republican 10-3)

Status: (Introduced - Dead) 2011-03-14 - Referred to STATE GOVERNMENT [HB1040 Detail]

Download: Pennsylvania-2011-HB1040-Introduced.html

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PRINTER'S NO. 1127
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1040 Session of2011
INTRODUCED BY SWANGER, SCHRODER, BEAR, BOYD, CALTAGIRONE, CREIGHTON, GOODMAN, HORNAMAN, KAUFFMAN, MURT, REICHLEY, SIMMONS AND TRUITT, MARCH 14, 2011
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 14, 2011
AN ACT
Providing for a citizens' constitutional convention, for a
referendum on the question and for the nomination and
election of delegates; defining the powers and duties of the
convention; providing for operation of the convention;
conferring powers and imposing duties on the Governor, the
Lieutenant Governor, the Secretary of the Commonwealth, the
Chief Justice of the Supreme Court, certain judges of the
Commonwealth Court, the State Treasurer, the Auditor General,
the Attorney General, officers of the General Assembly, the
Pennsylvania Historical and Museum Commission and county
election boards; providing for a referendum on the
convention's report; imposing penalties; and making an
appropriation.
TABLE OF CONTENTS
Section 1. Short title.
Section 2. Definitions.
Section 3. Referendum.
Section 4. Delegates.
Section 5. Nomination of delegates and withdrawals.
Section 6. Election of delegates.
Section 7. Vacancies.
Section 8. Delegate candidate campaign finance.
Section 9. Convention Communications Commission.
Section 10. Organization of convention and sessions.
Section 11. Function.
Section 12. Manner of submitting proposals to electorate.
Section 13. Submission to electorate.
Section 14. Lobbying.
Section 15. Convention open to public.
Section 16. Judicial immunity.
Section 17. Penalties.
Section 18. Appropriation.
Section 19. Severability.
Section 20. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Citizens'
Constitutional Convention Act of 2011.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Candidate." An individual seeking to become an elected
delegate to the convention.
"Commission." The Convention Communications Commission
established in section 9.
"Convention." The citizens' constitutional convention
authorized by this act.
"County board." A county board of elections.
"Delegate." An elected or alternate delegate to the
convention.
"Elected delegate." A delegate elected to the convention
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under section 4(a) or a person filling a vacancy under section
7(b).
"Public official." A person elected by the public, elected
or appointed by a governmental body or an appointed official in
the executive, legislative or judicial branch of this
Commonwealth or any of its political subdivisions. The term
shall not include members of advisory boards that have no
authority to do any of the following:
(1) Expend public funds, other than reimbursement for
personal expenses.
(2) Otherwise exercise the power of the Commonwealth or
any of its political subdivisions.
"Secretary." The Secretary of the State of the Commonwealth.
Section 3. Referendum.
(a) Question.--At the municipal election on November 8,
2011, the following question shall be submitted to the
electorate of this Commonwealth to determine its will regarding
the creation of a convention:
Shall a constitutional convention be called in accordance
with and subject to the limitations and requirements
contained in the Citizens' Constitutional Convention Act
of 2011 to prepare for submission to the electorate
proposals for the revision of all Articles of the
Constitution of Pennsylvania except Article I, pertaining
to the Declaration of Rights?
(b) Referendum.--The Secretary shall certify the question to
the county board in each county within this Commonwealth. The
referendum shall be conducted in accordance with the act of June
3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election
Code.
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(c) Results.--The secretary shall certify the results of the
referendum and, if a majority of the electors casting votes on
the question under subsection (a) vote in the affirmative, shall
transmit notice of the vote to the Legislative Reference Bureau
for publication as a notice in the Pennsylvania Bulletin.
(d) Call.--If a majority of the electors voting upon the
question under subsection (a) vote in the affirmative, a
convention shall be called by the Governor.
Section 4. Delegates.
(a) The convention shall consist of three delegates elected
from each senatorial district. Each elector in each senatorial
district may vote for not more than two candidates. The three
candidates receiving the highest number of votes shall be
delegates.
(b) Qualifications.--A delegate shall meet the following
qualifications:
(1) Be at least 25 years of age prior to November 8,
2011.
(2) Have been a citizen and resident of this
Commonwealth for at least four years immediately prior to the
election.
(3) Have resided in and been a registered elector of the
senatorial district for at least one year immediately prior
to the election.
(4) Reside in the senatorial district during the
delegate's term of service.
(5) Not be a public official on the effective date of
this act nor during the delegate's term of service.
(6) Not be a registered lobbyist in this Commonwealth as
defined under 65 Pa.C.S. Ch. 13A (relating to lobbying
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disclosure) on the effective date of this act nor during the
delegate's term of service.
(c) Salary.--Delegates shall be entitled to a salary equal
to the base salary of a member of the General Assembly during
the delegate's term of service, calculated on a pro rata basis
and payable monthly.
(d) Expenses.--Delegates shall be entitled to reimbursement
for the following expenses:
(1) Actual mileage traveled in a personal vehicle in the
performance of the delegate's duties during the delegate's
term of service, documented, reported and payable monthly at
the applicable Federal rate, including commuting mileage.
(2) Sums expended on other modes of ground
transportation in the performance of the delegate's duties
during the delegate's term of service, documented, reported
and payable monthly, including commuting expenses.
(3) Sums paid for overnight lodging required for the
convenience of delegates traveling more than 50 miles from
the delegate's residence in the performance of the delegate's
duties during the delegate's term of service, documented,
reported and payable monthly.
(e) Term of service.--The term of service for delegates
shall commence on the date each delegate takes the oath of
office. Terms shall expire on September 30, 2012, with the
following exceptions:
(1) The terms of delegate members of the preparatory
committee who are not members of the preparatory committee's
communications subcommittee shall expire on October 31, 2012.
(2) The terms of delegate members of the preparatory
committee who are members of the preparatory committee's
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communications subcommittee shall expire on December 31,
2012.
(f) Immunity.--The following shall apply:
(1) A delegate shall in all cases, except treason,
felony, violation of oath of office and breach of the peace,
be privileged from arrest during attendance and travel to and
from the convention, except as provided for under section 17.
(2) A delegate shall not be questioned in any other
place for any speech or debate in the convention, except as
provided for under section 17.
(g) Exclusions.--The following shall apply:
(1) No delegate may, during the delegate's term of
service, be appointed to or hold any civil or other office in
this Commonwealth to which a salary, fee or perquisite is
attached.
(2) No member of Congress or other person holding any
office under the United States or this Commonwealth to which
a salary, fee or perquisite is attached, except of attorney
at law or in the National Guard or in a reserve component of
the armed forces of the United States may be a delegate
during their continuance in office.
(3) No delegate may serve as a public official for a
period of two years after the delegate's term of service
expires.
(4) No delegate may register as a lobbyist for any
purpose within this Commonwealth nor serve as an officer or
principal of any lobbying firm, as defined under 65 Pa.C.S. §
13A03 (relating to definitions) within this Commonwealth for
a period of two years after the delegate's term of service
expires.
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Section 5. Nomination of delegates and withdrawals.
(a) Nomination.--Candidates for delegate shall be nominated
by petition in accordance with all of the following:
(1) The secretary shall prescribe the form of the
petition, which shall not include any reference to the
political affiliation of the candidate.
(2) A petition must be signed by at least 100 qualified
electors of the candidate's senatorial district in accordance
with all of the following:
(i) An elector may not sign more than two nomination
petitions.
(ii) A signer must state the signer's residence,
giving city, borough or township, with street and number,
and that the signer is a qualified elector of the
senatorial district. The signature must be dated.
(iii) A petition shall not be circulated prior to
August 16, 2011. A signature shall not be counted unless
it bears a date later than August 15, 2011.
(iv) A petition may be on one or more sheets.
Different sheets must be used for signers residing in
different counties. If more than one sheet is used, the
sheets must be bound together when offered for filing if
they are intended to constitute one petition, and each
sheet must be numbered consecutively at the foot of each
page, beginning with number one. Each sheet must have
appended to it an affidavit for the individual who
circulated it setting forth all of the following:
(A) That the individual is a qualified elector
of the senatorial district named in the petition.
(B) The individual's residence, giving city,
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borough or township, with street and number.
(C) That the signers to the petition signed with
knowledge of the content of the petition.
(D) That the residences of the signers are
correctly stated.
(E) That each signer resides in the senatorial
district named in the affidavit.
(F) That each signer signed on the date set
forth.
(G) That, to the best of the affiant's knowledge
and belief, the signers are qualified electors of the
senatorial district.
(3) A petition shall be filed in the office of the
secretary by 5 p.m. on September 6, 2011. The candidate must
pay a filing fee of $100 by certified check or money order.
(b) Candidate's affidavit.--A candidate shall file with the
secretary by 5 p.m. on September 6, 2011, an affidavit stating
all of the following:
(1) The candidate's residence with street and number and
post office address.
(2) That the candidate is eligible for the office of
delegate.
(3) That, if elected, the candidate will faithfully
observe the limitations and requirements imposed upon the
convention under this act.
(4) That the candidate meets the qualifications under
section 4(b).
(c) Statement of financial interests.--A candidate shall
file copies of a statement of financial interests with the
secretary and the State Ethics Commission by 5 p.m. on September
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6, 2011.
(d) Withdrawal.--A candidate may withdraw as a candidate as
follows:
(1) Make a request in writing. The request shall be
signed by the candidate and acknowledged before an officer
empowered to administer oaths.
(2) File the request with the secretary by 5 p.m. on
September 13, 2011.
(e) Certification.--The secretary shall certify the names of
the nominees to each county board not later than September 20,
2011.
(f) Secretary.--The secretary shall provide all forms and
instructions for candidates in a timely and convenient manner
consistent with that used for legislative elections.
Section 6. Election of delegates.
(a) Election.--Elections for delegates shall be held at the
municipal election on November 8, 2011, and the ballot shall not
indicate the political party, if any, of the candidates. The
secretary shall forward to each county board the names of the
candidates. Candidates' names shall be grouped together on the
ballot without reference to party affiliation, separate from the
names of candidates for any other office and subsequent to the
question under section 3(a). Each elector voting at the
municipal election shall be entitled to vote for two candidates
from the elector's senatorial district.
(b) Upon approval of referendum.--If the question in section
3(a) is approved by a majority of the electors casting votes:
(1) The three candidates receiving the highest number of
votes shall be the delegates of that senatorial district.
(2) The candidate receiving the fourth-highest number of
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votes shall be the first alternate delegate; the candidate
receiving the fifth-highest number of votes shall be the
second alternate delegate; and the candidate receiving the
sixth-highest number of votes shall be the third alternate
delegate.
(3) In the case of a tie vote, the election shall be
determined in accordance with the provisions of section 1418
of the act of June 3, 1937 (P.L.1333, No.320), known as the
Pennsylvania Election Code.
(4) Each county board shall, by November 22, 2011,
certify the return of the election for all delegates to the
secretary.
(5) The secretary shall, by November 29, 2011, certify
to the Governor the names of delegates and alternate
delegates.
Section 7. Vacancies.
(a) Candidate.--In the event of the death of a candidate
prior to September 20, 2011, that candidate's name shall be
removed from the ballot. In the event of the death of a
candidate on or after September 20, 2011, votes received by that
candidate in the municipal election shall be counted and
recorded, but void, and a vacancy shall exist.
(b) Delegate.--In the event of a vacancy in the office of
delegate, the first alternate delegate from the same senatorial
district shall become the delegate. If the first alternate
delegate is unable to serve, the second alternate delegate shall
become the delegate. If the second alternate delegate is unable
to serve, the third alternate delegate shall become the
delegate. If no such alternate delegate is available to fill a
vacancy, the remaining delegates from the same senatorial
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district, together with the Senator from that district, shall
collectively nominate a single candidate to be confirmed by a
majority of the convention as soon as practicable to fill the
vacancy.
Section 8. Delegate candidate campaign finance.
(a) Reporting.--Candidates for delegate may comply with the
Commonwealth's existing campaign finance reporting law either as
an individual or with the assistance of an authorized
candidate's campaign committee, but not both.
(b) Isolated committees.--No existing political committee
shall be converted to a candidate's campaign committee, nor
shall any authorized candidate's campaign committee or funds be
used for any purpose other than influencing the election for
delegates or influencing the outcome of the referendum question
in section 3(a).
(c) Contributions and loans.--No candidate for delegate or
delegate candidate's campaign committee may accept financial or
in-kind contributions or loans from any entity other than an
individual residing within the senatorial district that the
candidate is vying to represent at the convention.
(d) Limits.--No candidate for delegate or delegate
candidate's campaign committee shall accept financial or in-kind
contributions or loans totaling more than $1,000 in aggregate
from any individual from any individual, including the delegate
candidate.
(e) Expenditures.--A delegate candidate's campaign committee
shall not make any contributions, financial or in-kind, to any
other delegate candidate, delegate candidate's campaign
committee or other political candidate or committee.
(f) Cost sharing.--Delegate candidates or their campaign
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committees may pool or share expenses with other delegate
candidates or their campaign committees, provided that the
expenses shall be divided equitably and duly reported by all
involved entities.
(g) Residual funds.--Delegate candidates and their campaign
committees in possession of residual campaign funds as of
December 31, 2011, shall:
(1) Transmit the funds to the convention on or before
January 31, 2012, if the electorate approves the question in
section 3(a).
(2) Distribute the funds to a charity registered with
the Bureau of Charitable Organizations or return them, pro
rata, to the contributors on or before January 31, 2012, if
the electorate does not approve the question in section 3(a).
Section 9. Convention Communications Commission.
(a) Formation.--If a majority of the electors voting upon
the question under section 3(a) vote in the affirmative, the
Governor shall form a Convention Communications Commission upon
publication of the notice under section 3(c).
(b) Duties.--The commission shall have the following duties:
(1) The commission shall establish a system of recording
and documenting all activities of the convention, its
committees and delegates during the performance of the
delegates' official duties, to include:
(i) Stenography or transcription posted on the
Internet website as soon as practicable.
(ii) Live television, radio and Internet broadcast
of working sessions of the convention.
(iii) Live or recorded television, radio and
Internet broadcast of committee meetings.
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(2) The commission shall develop and establish a fully
searchable database for the collection and storage of all
testimony and transcripts of preconvention public hearings
conducted by the delegates and shall provide direction to
delegates regarding the transmission of those materials and
delegate summaries to the commission.
(3) The commission shall develop and establish a fully
searchable unified online presence for the convention, its
committees and delegates, to include:
(i) Public access to all video and audio recordings
and transcripts of convention sessions and committee
meetings.
(ii) Public access to timely updates of the journals
of the convention, hyperlinked to all relevant video and
audio recordings and debate and committee transcripts.
(iii) Public access to all committee reports,
hyperlinked to all relevant video and audio recordings
and testimony committee transcripts.
(iv) Public access to all preconvention materials
provided to the delegates by the convention's preparatory
committee.
(v) Public access to the database created for the
purpose of collection and storage of all preconvention
public hearings conducted by the delegates.
(vi) Public access to a directory of all delegates,
including biographical information.
(vii) Public access to a directory of all personnel
hired or contracted by the commission and the convention.
(viii) Public access to any documents subject to the
act of February 14, 2008 (P.L.6, No.3), known as the
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Right-to-Know Law, treating the convention as an agency
of the Commonwealth.
(ix) Dedicated e-mail addresses for all delegates,
employees and contractors.
(x) A publicly viewable forum for each senatorial
district, where residents within that senatorial district
may register and login in a secure manner in order to
post their views and opinions regarding the convention's
proceedings and publicly communicate with their
delegates.
(4) The commission shall consult with the Pennsylvania
Historical and Museum Commission with respect to best
practices regarding the creation, maintenance and
preservation of permanent archives of all convention
activities, documents and records.
(c) Oversight.--The Governor shall oversee the commission
until such time as the convention assumes oversight under
section 10(c)(2).
(d) Funding.--The commission shall be funded from the
appropriation under section 18(a) subject to oversight by the
State Treasurer until such time as the convention assumes
oversight in accordance with section 18(b).
(e) Termination.--The commission shall terminate and cease
active operations no later than December 31, 2012.
(f) Post-termination.--All materials pertaining to the
convention shall be transferred to the Pennsylvania Historical
and Museum Commission for preservation on or before December 31,
2012. The Pennsylvania Historical and Museum Commission shall
maintain all records relating to the convention for a period of
no less than 50 years.
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Section 10. Organization of convention and sessions.
(a) Convening.--The following shall apply:
(1) The convention shall convene in the hall of the
House of Representatives on December 6, 2011, at twelve noon.
(2) The Governor shall call the convention to order. The
Governor shall preside at its first session and until
permanent officers are elected. So long as the Governor
presides, the Governor may cast the deciding vote in the
event of a tie.
(3) The secretary shall certify the returns of the
elections for delegates and alternate delegates and issue
certificates of election.
(4) The Chief Justice of the Supreme Court shall
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 Pennsylvania, that I will
abide by the limitations and requirements of the
Citizens' Constitutional Convention Act of 2011, and
that I will discharge my duties with fidelity.
(5) Each delegate shall sign and swear a written version
of the oath of office, provided by the secretary, to be
preserved with the official journals of the convention and
other copies as needed by the secretary.
(b) Organization.--The following shall apply:
(1) The convention shall be the final judge of the
qualifications of its own delegates.
(2) The convention shall elect from among its delegates
a president, first vice-president, second vice-president and
a secretary.
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(3) The convention shall elect from among its delegates
15 members to serve on a preparatory committee with the
elected officers of the convention. The preparatory committee
shall also include the Majority Leader of the Senate, the
Minority Leader of the Senate, the Majority Leader of the
House of Representatives, the Minority Leader of the House of
Representatives, the State Treasurer and the Auditor General.
(4) The convention shall elect from among its delegates
12 members to serve on a judicial committee. The judicial
committee shall also include the Lieutenant Governor and
three judges of the Commonwealth Court, appointed by the
Chief Justice of the Supreme Court.
(5) No delegate may serve on both the preparatory
committee and the judicial committee.
(6) The convention shall organize ten committees to
separately address each Article of the Constitution of
Pennsylvania subject to the scope of the convention.
(7) The convention shall organize a committee on
arrangement, submission and address to the people.
(c) Duties of the preparatory committee.--The following
shall apply:
(1) The preparatory committee shall recommend procedural
rules for the convention, subject to adoption by a majority
of the delegates at the commencement of working sessions.
(2) The preparatory committee shall establish a
communications subcommittee, consisting of the elected
officers of the convention and three other delegate members
of the preparatory committee, to assume oversight of the
commission until termination.
(3) The preparatory committee shall establish guidelines
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to direct the delegates in scheduling and conducting
preconvention public hearings.
(4) The preparatory committee shall assemble documents,
manuals and reference materials it deems useful in preparing
the delegates for the convention and disseminate a uniform
collection of the items in printed form to each delegate and
in a form useful to the commission as soon as practicable.
(5) The preparatory committee shall be authorized to do
all of the following, when required for the conduct of the
convention's business:
(i) Lease or otherwise obtain suitable meeting and
office space and purchase or lease supplies, equipment,
publications and other material necessary for the work of
the convention.
(ii) Hire or engage staff necessary for the work of
the convention.
(iii) Initiate relevant studies through its
personnel or in cooperation with any public or private
agencies.
(iv) Hold public hearings.
(v) Enter into contracts.
(vi) Receive from Commonwealth agencies, political
subdivisions and local agencies assistance necessary or
desirable to carry out properly its powers and duties
under this subsection.
(vii) Submit a budget and additional reports to the
General Assembly in sufficient time for the General
Assembly to pass any necessary appropriation acts
required under section 18(c).
(d) Duties of the judicial committee.--The following shall
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apply:
(1) The judicial committee shall recommend rules
regarding the conduct of delegates, including censure,
suspension or removal, subject to adoption by a majority of
the delegates at the commencement of working sessions.
(2) The judicial committee shall recommend a system to
review and hear complaints from delegates and citizens
regarding violations of this act and, when deemed necessary,
for referral of such complaints to the Attorney General for
further investigation, subject to adoption by a majority of
the delegates at the commencement of working sessions.
(e) Organizational session.--The organizational session of
the convention shall be adjourned no later than 5 p.m. on
December 8, 2011.
(f) Preconvention hearings.--Delegates shall schedule and
hold public hearings during the month of January 2012 to hear
and collect testimony from citizens and experts regarding the
upcoming convention and its proceedings. In conducting the
hearings, the following shall apply:
(1) No fewer than four hearings shall be held in each
senatorial district.
(2) The three delegates from each senatorial district
shall rotate chairmanship of the hearings in their district.
(3) Testimony shall be accepted in written or verbal
form. Written testimony shall also be submitted in electronic
form when possible.
(4) Transcripts and testimony provided at the hearings
shall be transmitted to the commission for publication as
soon as practicable.
(5) Delegates shall provide a unified summary of their
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public hearings for transmission to the commission as soon as
practicable, but no later than February 1, 2012, upon
conclusion of the public hearings in their senatorial
district.
(g) Working sessions.--Working sessions of the convention
shall commence on February 6, 2012.
(h) Sine Die Adjournment.--The convention shall adjourn sine
die no later than September 11, 2012.
Section 11. Function.
(a) Scope.--The convention has the power, by a vote of two-
thirds majority of delegates present on final passage, to make
recommendations to the electorate on all subjects contained
within the Constitution of Pennsylvania, except for those
contained within Article I pertaining to the Declaration of
Rights.
(b) Reorganization.--In dealing with the subject matter
under subsection (a), the convention may recommend amendment,
addition, deletion, division, transfer, continuation without
change and implementation schedules.
Section 12. Manner of submitting proposals to electorate.
(a) Convention.--The recommendations of the convention shall
be submitted to the electorate as determined by the convention.
The convention shall frame the ballot questions.
(b) Certification.--The president and secretary of the
convention shall certify the constitutional changes proposed and
the ballot questions to the secretary by September 25, 2012.
Section 13. Submission to electorate.
(a) Secretary.--The secretary shall:
(1) Publish the Constitution of Pennsylvania showing the
changes proposed by the convention and any address to the
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people by the convention, in convenient printed form and in
convenient digital form at the earliest time practicable
after certification.
(2) Advertise the proposals and address of the
convention in no fewer than one newspaper of general
circulation in each county once during the second week of
October 2012 and once during the fourth week of October 2012.
(3) Send a sufficient number of copies of the printed
publication under paragraph (1) to each county board to
satisfy the requirements of subsection (b).
(4) Upon request of an elector, send a copy of the
publication under paragraph (1).
(b) County boards.--Each county board shall make the
publication under subsection (a)(1) available at each polling
place in a quantity equal to the number of voting booths,
terminals or stations at that polling place.
(c) Election.--The following shall apply:
(1) The recommendations of the convention shall be
submitted to the electors for their approval or rejection at
the general election on November 6, 2012.
(2) A majority affirmative vote of the electors casting
votes on the ballot questions certified under section 12(b)
in the election is necessary for the adoption of the
recommendations of the convention.
(d) Certification.--The secretary shall certify the results
of the election by November 27, 2012.
Section 14. Lobbying.
(a) Delegates.--The following shall apply:
(1) Direct lobbying of delegates by entities or persons
registered as lobbyists within this Commonwealth, other than
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meetings between individual electors of a senatorial district
and the delegates representing the same district, shall be
prohibited.
(2) No delegate may accept any gift, meal, service or
other benefit or any promise of such in the future offered by
any party in an effort to influence the outcome of the
convention.
(b) Convention.--The following shall apply:
(1) Entities and persons prohibited from lobbying
delegates under subsection (a)(1) shall be permitted to lobby
the convention as a whole only by the following methods:
(i) Providing printed and electronic reference
materials in quantities sufficient for distribution to
all delegates and the commission, subject to any
pertinent policies adopted by the convention.
(ii) Providing printed and electronic or oral
testimony at a hearing before any committee or
subcommittee of the convention, subject to any pertinent
policies adopted by the convention.
(iii) Providing printed and electronic reference
materials to committees or subcommittees of the
convention in quantities sufficient for distribution to
all delegates and the commission, subject to any
pertinent policies adopted by the convention.
(2) The convention shall not accept, on behalf of its
delegates, any gift, meal, service or other benefit or any
promise of such in the future offered by any party in an
effort to influence the outcome of the convention.
(c) Definitions.--The terms used in this section shall have
the meanings given to them under 65 Pa.C.S. Ch 13A (relating to
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lobbying disclosure) unless the context clearly indicates
otherwise.
Section 15. Convention open to public.
Sessions of the convention as a whole and all meetings of its
committees and subcommittees shall be open to the public.
Section 16. Judicial immunity.
Provided no portion of the resultant Constitution of
Pennsylvania, duly proposed by the convention and adopted by the
electorate according to the provisions of this act, is found to
be in violation of the Constitution of the United States, no
court of this Commonwealth may have the authority to overturn
its provisions.
Section 17. Penalties.
(a) Jurisdiction.--The Attorney General shall have original
jurisdiction over matters pertaining to this act and shall
develop a system for timely response to complaints and inquiries
from citizens, the convention's judicial committee and other
entities.
(b) Delegate candidates.--A person, who while a candidate
for delegate or while a delegate or alternate delegate, or whose
delegate candidate's campaign committee commits bribery, fraud
or willful violation of any provision of section 8 shall, upon
conviction, be disqualified from holding the office of delegate
and from any other public office as defined in section 2 and
shall be prohibited from registering as a lobbyist in this
Commonwealth for any purpose.
(c) Article I violation.--A person who, while a delegate,
proposes changes to Article I of the Constitution of
Pennsylvania to the convention shall be fined not less than
$25,000, shall be subject to imprisonment for a term of not less
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than one year, shall be forever disqualified from holding the
office of delegate and from any other public office as defined
in section 2 and shall be prohibited from registering as a
lobbyist in this Commonwealth for any purpose.
(d) Lobbyists.--The following shall apply:
(1) A lobbying entity registered in this Commonwealth
that commits bribery, fraud or a willful violation of any
provision of section 14(a) shall, upon conviction, be fined
not less than $100,000, shall forfeit all of its assets to
the Commonwealth and shall be prohibited from registering as
a lobbying entity within this Commonwealth for any purpose.
All officers of any such organization shall be fined not less
than $25,000, shall be subject to imprisonment for a term of
not less than one year, shall be prohibited from registering
as a lobbyist in this Commonwealth for any purpose and shall
be disqualified from holding any public office as defined
under section 2.
(2) A person, registered as a lobbyist in this
Commonwealth who commits bribery, fraud or a willful
violation of any provision of section 14(a) shall, upon
conviction, be fined not less than $25,000, shall be subject
to imprisonment for a term of not less than one year, shall
be prohibited from registering as a lobbyist in this
Commonwealth for any purpose and shall be disqualified from
holding any public office as defined under section 2.
(e) Public officials.--The following shall apply:
(1) A public official who is assigned duties under this
act and who commits willful failure to perform those duties
shall, upon conviction, be fined not less than $25,000, shall
be subject to imprisonment for a term of not less than one
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year, shall be forever disqualified from holding any public
office as defined under section 2 and shall forfeit all
pension benefits funded by public moneys.
(2) A public official who is not assigned duties under
this act, who commits bribery, fraud or a willful violation
of any provision of this act, shall, upon conviction, be
fined not less than $10,000, shall be subject to imprisonment
for a term of not less than one year, shall be disqualified
from holding any public office as defined under section 2 and
shall forfeit all pension benefits funded by public moneys.
(f) Other persons.--A person who commits bribery, fraud or a
willful violation of any provision of section 14(b)(2) shall,
upon conviction, be fined not less than $10,000, shall be
subject to imprisonment for a term of not less than six months,
shall be prohibited from registering as a lobbyist in this
Commonwealth for any purpose and shall be disqualified from
holding any public office as defined under section 2.
Section 18. Appropriation.
(a) Transfer.--If the electorate approves the question in
section 3(a), the sum of $25,000,000 shall be transferred from
the nonlapsing leadership accounts of the General Assembly, in
four equal contributions by the majority and minority caucuses
of the Senate and the House of Representatives, to the control
of the State Treasurer for the purpose of initially funding the
requirements of this act.
(b) Preparatory committee.--The preparatory committee shall
assume control of the initial appropriation when it deems
appropriate.
(c) Further sums required by the convention to perform its
duties shall be provided by the General Assembly as under
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subsection (a) upon request by the convention in accordance with
subsection 10(c)(5)(vii).
Section 19. Severability.
If the limitation under section 11(a), excluding Article I of
the Constitution of Pennsylvania from the scope of the
convention, is held invalid, the entire act shall be invalid. If
any other provision of this act or the application of this act
to any person or circumstance is held invalid, the validity of
the remainder of this act and the application of the provisions
to other persons and circumstances shall not be affected
thereby.
Section 20. Effective date.
This act shall take effect as follows:
(1) Section 18 shall take effect upon publication of the
notice under section 3(c).
(2) The remainder of this act shall take effect
immediately.
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