Bill Text: PA HB672 | 2009-2010 | Regular Session | Introduced

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Bill Title: Providing for a Citizens Constitutional Convention on public school funding and property taxes, 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 Secretary of the Commonwealth, the Chief Justice of the Supreme Court, officers of the General Assembly and county election boards; providing for a referendum on the convention's report; and making an appropriation.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-02-27 - Referred to STATE GOVERNMENT [HB672 Detail]

Download: Pennsylvania-2009-HB672-Introduced.html

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PRINTER'S NO. 733
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 672 Session of2009
INTRODUCED BY GALLOWAY, PETRI, BARRAR, BOYD, BRENNAN, CREIGHTON, DeLUCA, GIBBONS, GOODMAN, GRUCELA, KAUFFMAN, KORTZ, MELIO, MOUL, MURT, PYLE, SCAVELLO, SIPTROTH, SWANGER, WATSON AND YUDICHAK, FEBRUARY 27, 2009
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 27, 2009
AN ACT
Providing for a Citizens Constitutional Convention on public
school funding and property taxes, 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 Secretary of the
Commonwealth, the Chief Justice of the Supreme Court,
officers of the General Assembly and county election boards;
providing for a referendum on the convention's report; and
making an appropriation.
TABLE OF CONTENTS
Section 1. Short title.
Section 2. Definitions.
Section 3. Referendum.
Section 4. Convention, membership, qualifications and
vacancies.
Section 5. Nomination of elected delegates and withdrawals.
Section 6. Elected and alternate delegates.
Section 7. Vacancies.
Section 8. Organization of convention and sessions.
Section 9. Function.
Section 10. Manner of submitting proposals to electorate.
Section 11. Submission to electorate.
Section 12. Lobbying.
Section 13. Convention open to public.
Section 14. Judicial immunity.
Section 15. Appropriation.
Section 16. 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 on Public School Funding and Property
Taxes Act.
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.
"Committee." The preparatory committee established under
this act.
"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 who is elected to the
convention under this act.
"Public official." A person elected by the public, elected
or appointed by a governmental body or an appointed official in
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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 subdivisions.
"Secretary." The Secretary of the Commonwealth.
Section 3. Referendum.
(a) Question.--At the municipal election in November 2009,
the following question shall be submitted to the electorate of
this Commonwealth to determine its will regarding a
Constitutional Convention:
Shall a Constitutional Convention be called in accordance
with and subject to the limitations and requirements
contained in the Citizens Constitutional Convention on
Public School Funding and Property Taxes Act of 2009, to
prepare for submission to the electorate proposals for
the revision of Article III, Sections 14, 15 and 30 of
the Constitution of Pennsylvania, which deal with the
public school system and its funding?
(b) Election.--The secretary shall certify questions to the
county boards. The election shall be conducted in accordance
with the act of June 3, 1937 (P.L.1333, No.320), known as the
Pennsylvania Election Code.
(c) Secretary.--If a majority of the electors casting votes
on the question under subsection (a) vote in the affirmative,
the secretary shall transmit notice of the vote to the
Legislative Reference Bureau for publication as a notice in the
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Pennsylvania Bulletin.
Section 4. Convention, membership, qualifications and
vacancies.
(a) Call.--If a majority of the electors voting upon the
question set forth in section 3(a) vote in the affirmative, a
convention shall be called by the Governor.
(b) Delegates.--The convention shall consist of three
elected delegates 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 elected delegates. The candidate receiving the
fourth-highest number of votes shall be the first alternate
delegate; the candidate receiving the fifth-highest number of
votes shall be the second alternate delegate.
(c) Qualifications.--A delegate must meet the following
qualifications:
(1) Be at least 18 years of age prior to November 3,
2009.
(2) Have been a citizen and resident of this
Commonwealth for at least four years before election.
(3) Have resided in and been a registered elector of the
elected delegate's senatorial district for at least one year
preceding election.
(4) Reside in the elected delegate's senatorial district
during their term of service.
(5) Not be a public official on the effective date of
this section under section 16(2), or during their term of
service.
(6) Not be a registered lobbyist in this Commonwealth on
the effective date of this section, or during their term of
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service.
(d) Salary.--Elected delegates shall be entitled to a salary
equal to the salary of a member of the General Assembly during
their term of service, payable monthly.
(e) Expenses.--Elected delegates shall be entitled to
reimbursement for the following expenses:
(1) Actual mileage traveled in a personal vehicle in the
performance of their duties during their term of service,
documented, reported and payable monthly at the applicable
Federal rate, including commuting mileage.
(2) Actual expenses for other modes of ground
transportation in the performance of their duties during
their term of service, documented, reported and payable
monthly, including commuting expenses.
(3) Actual expenses for overnight lodging required for
the convenience of elected delegates traveling more than 50
miles from their residence in the performance of their duties
during their term of service, documented, reported and
payable monthly.
(f) Terms of service.--Terms of service for elected
delegates shall commence on the date of their oath of office.
Terms shall expire September 30, 2010, except for delegate
members of the preparatory committee, whose terms shall expire
October 31, 2010.
(g) 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.
(2) A delegate shall not be questioned in any other
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place for any speech or debate in the convention.
(h) Exclusions.--The following shall apply:
(1) No elected delegate shall, during their term of
service, be appointed to or hold any civil office under this
Commonwealth to which a salary, fee or perquisite is
attached.
(2) No member of Congress or other person holding any
office, except that of attorney-at-law or in the National
Guard or a reserve component of the armed forces of the
United States, under the United States or this Commonwealth
to which a salary, fee or perquisite is attached shall be a
delegate during their continuance in office.
(3) Elected delegates shall be prohibited from serving
as a public official as defined in section 2 for a period of
two years after their term of service expires.
Section 5. Nomination of elected delegates and withdrawals.
(a) Nomination.--Candidates for delegates to the convention
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
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district. The signature must be dated.
(iii) A petition shall not be circulated prior to
August 18, 2009. A signature shall not be counted unless
it bears a date later than August 17, 2009.
(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 the 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,
borough or township, with street and number.
(C) That the signers to the petition signed with
the knowledge of the contents of the petition.
(D) That the residences of the signers are
correctly stated.
(E) That each signer resides in the district
named in the affidavit.
(F) That each signer signed on the date set
forth.
(G) That, to the best of the affidavit's
knowledge and belief, the signers are qualified
electors of the district.
(3) A petition must be filed in the office of the
secretary by 5 p.m. on September 8, 2009. A filing fee of
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$100 must be paid by the candidate by certified check or
money order.
(b) Candidate's affidavit.--A candidate must file with the
office of the secretary, by 5 p.m. on September 8, 2009, an
affidavit stating or attesting to all of the following:
(1) The candidate's residence with street, number and
post office address.
(2) That the candidate is eligible for the office of
elected delegate to the convention.
(3) That, if elected, the candidate will faithfully
observe the limitations and requirements imposed upon the
convention by this act.
(4) That the candidate meets the qualifications set
forth in section 4(c).
(c) Statement of financial interests.--A candidate must file
copies of a statement of financial interests with the office of
the secretary and the State Ethics Commission by 5 p.m. on
September 8, 2009.
(d) Withdrawal.--A candidate may withdraw as a candidate if
the candidate:
(1) Makes the request in writing. The request must be
signed by the candidate and acknowledged before an officer
empowered to administer oaths.
(2) Files the request in the office of the secretary by
5 p.m. on September 15, 2009.
(e) Certification.--The secretary shall certify the names of
the nominees to the county boards as provided by law no later
than September 22, 2009.
(f) Forms.--The secretary shall provide all forms and
instructions for candidates in a timely and convenient manner
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consistent with that used for legislative elections.
Section 6. Elected and alternate delegates.
Elections for elected delegates shall be held at the
municipal election on November 3, 2009, and shall be
nonpartisan. 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 set forth in section 3(a). Each
elector voting at the municipal election shall be entitled to
vote for two candidates from the elector's senatorial district.
If the question which is set forth 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 elected delegates of that district.
(2) The candidate receiving the fourth-highest number of
votes shall be the first alternate delegate; the candidate
receiving the fifth-highest number of votes shall be the
second 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) The county boards shall, by November 17, 2009,
certify the return of the election for all delegates to the
secretary.
(5) The secretary shall, by November 24, 2009, certify
to the Governor the names of elected and alternate delegates.
Section 7. Vacancies.
(a) Candidate.--In the event of the death of a candidate
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prior to September 22, 2009, that candidate's name shall be
removed from the ballot. In the event of the death of a
candidate on or after September 22, 2009, votes received by that
candidate in the municipal election shall be counted and
recorded, but void, and a vacancy shall exist.
(b) Elected delegate.--In the event of a vacancy in the
office of elected delegate, the first alternate delegate from
the same senatorial district shall become the elected delegate;
if the first alternate is unable to serve, the second alternate
delegate shall become the elected delegate, etc. If no such
alternate delegate is available to fill a vacancy, the remaining
elected delegates from the same 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. Organization of convention and sessions.
(a) Convening.--The following shall apply:
(1) The convention's elected delegates shall convene in
the Hall of the House of Representatives on December 1, 2009,
at 12 noon.
(2) The convention shall be called to order by the
Governor.
(3) The secretary shall certify the returns of the
elections for elected and alternate delegates and issue
certificates of election.
(4) The Chief Justice of the Supreme Court shall, after
the returns have been certified, 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
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and the Constitution of Pennsylvania, that I will
abide by the limitations and requirements of the
Citizens Constitutional Convention on Public School
Funding and Property Taxes Act of 2009, and that I
will discharge my duties with fidelity.
(5) Each elected 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 elected
delegates a president, first vice-president, second vice-
president and a secretary.
(3) The convention shall elect from among its elected
delegates 15 members to serve on a preparatory committee with
the elected officers of the convention. The committee shall
also include the Majority Leader of the Senate, the Minority
Leader of the Senate, the Majority Leader of the House of
Representatives and the Minority Leader of the House of
Representatives.
(4) The convention shall organize a committee to
separately address Article III, sections 14, 15 and 30 of the
Constitution of Pennsylvania subject to the scope of the
convention.
(5) The convention shall organize a committee on
arrangement, submission and address to the people.
(c) Duties of preparatory committee.--The following shall
apply:
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(1) The committee shall prescribe rules for all of the
following, subject to adoption by a majority of the elected
delegates at the commencement of working sessions:
(i) Procedure.
(ii) Conduct of delegates, including censure,
suspension or removal.
(2) The committee shall be authorized to do all of the
following, when required for the conduct of the business of
the convention:
(i) Lease or otherwise obtain suitable meeting and
office space and to 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 own
personnel or in cooperation with any public or private
agencies.
(iv) Hold public hearings.
(v) Enter into contracts.
(vi) Receive from the Commonwealth agencies and
political subdivisions and local agencies assistance
necessary or desirable to carry out properly the 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 act required
by section 15, as needed.
(d) Sessions.--The following shall apply:
(1) The organizational session shall be adjourned no
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later than 5 p.m. on December 3, 2009.
(2) Working sessions of the convention shall commence on
January 11, 2010.
(e) Sine die adjournment.--The convention shall adjourn sine
die no later than September 14, 2010.
Section 9. Function.
(a) Scope.--The convention has the power, by a vote of two-
thirds of its elected delegates on final passage, to make
recommendations to the electorate on Article III, sections 14,
15 and 30 of the Constitution of Pennsylvania.
(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 10. Manner of submitting proposals to electorate.
(a) Convention.--The following shall apply:
(1) The recommendations of the convention shall be
submitted to the electorate as determined by the convention.
(2) The convention shall frame the ballot question or
questions.
(b) Certification.--The changes proposed and the ballot
question or questions shall be certified by the president and
secretary of the convention to the secretary by September 28,
2010.
Section 11. Submission to electorate.
(a) Secretary.--The following shall apply:
(1) The secretary shall publish the Constitution of
Pennsylvania showing the changes proposed by the convention
and any address to the people by the convention, in
convenient printed form and in convenient digital form at the
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earliest time practicable after certification.
(2) The secretary shall advertise the proposals and
address of the convention in at least two newspapers of
general circulation in every county once during the second
week of October 2010 and once during the fourth week of
October 2010.
(3) The secretary shall 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, the secretary shall 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 in November 2010.
(2) A majority affirmative vote of the electors casting
votes on the ballot question or questions certified under
section 10(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 within three weeks of the general election in
November 2010.
Section 12. Lobbying.
(a) Delegates.--The following shall apply:
(1) Direct lobbying of individual delegates by
organizations or individuals registered as lobbyists within
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this Commonwealth on the effective date of this section and
for the duration of the convention, other than meetings
between individual electors of a senatorial district and the
delegate or delegates representing the same district, shall
be prohibited.
(2) No delegate shall 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) Lobbyists prohibited from lobbying delegates in
subsection (a)(1) shall be permitted to lobby the convention
as a whole by the following methods:
(i) Providing printed reference materials in
quantities sufficient for distribution to all elected
delegates, subject to any pertinent policies adopted by
the convention.
(ii) Providing printed and 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 reference materials to
committees or subcommittees of the convention in
quantities sufficient for distribution to all elected
delegates, 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.
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Section 13. 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 14. 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 shall have the authority to overturn
its provisions.
Section 15. Appropriation.
If the question in section 3(a) is approved by the
electorate, the sum of $20,000,000 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 carry out the
provisions of this act. Further sums required by the convention
to perform its duties, contributed in similar fashion, shall be
provided upon request by the convention in accordance with
section 8(c)(2)(vii).
Section 16. Effective date.
This act shall take effect as follows:
(1) Section 15 of this act 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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