Bill Text: PA SB455 | 2009-2010 | Regular Session | Introduced

---

Bill Title: Providing for a constitutional convention with limited powers; providing for a referendum on the question; providing for the selection, nomination and election of delegates; defining the powers and duties of the convention; providing for its operation; conferring powers and imposing duties on the Governor, the Secretary of the Commonwealth, 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) 2009-03-02 - Referred to STATE GOVERNMENT [SB455 Detail]

Download: Pennsylvania-2009-SB455-Introduced.html

---

PRINTER'S NO. 466
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 455 Session of2009
INTRODUCED BY FERLO, FONTANA, BRUBAKER, BOSCOLA, EARLL, BROWNE AND O'PAKE, MARCH 2, 2009
REFERRED TO STATE GOVERNMENT, MARCH 2, 2009
AN ACT
Providing for a constitutional convention with limited powers;
providing for a referendum on the question; providing for the
selection, nomination and election of delegates; defining the
powers and duties of the convention; providing for its
operation; conferring powers and imposing duties on the
Governor, the Secretary of the Commonwealth, 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; vacancies.
Section 5. Nomination of elected delegates; withdrawals.
Section 6. Elected delegates.
Section 7. Vacancies.
Section 8. Preparatory Committee.
Section 9. Organization of convention.
Section 10. Function.
Section 11. Manner of submitting proposals to electorate.
Section 12. Submission to electorate.
Section 13. Lobbying.
Section 14. Convention open to public.
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
Constitutional Convention Act of 2009.
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 in
section 8.
"Convention." The Constitutional Convention authorized by
this act.
"County board." A county board of elections.
"Delegate." A delegate to the convention. The term includes
an elected delegate and an ex officio delegate.
"Elected delegate." A delegate who is elected to the
convention under section 4(b)(1).
"Ex officio delegate." A delegate to the convention under
section 4(b)(2).
"Secretary." The Secretary of the Commonwealth.
Section 3. Referendum.
(a) Question.--At the primary election in May 2009, the
20090SB0455PN0466 - 2 -
following question shall be submitted to the electorate of this
Commonwealth to determine its will regarding a constitutional
convention with limited powers:
Shall a constitutional convention be called in accordance
with and subject to the limitations and requirements
contained in the Constitutional Convention Act of 2009,
to prepare for submission to the electorate proposals for
the revision of the following provisions of the
Constitution of Pennsylvania as provided in section 10 of
the Constitutional Convention Act of 2009:
sections 4, 8 and 16 of Article II;
sections 4, 13 and 26 of Article III;
section 16 of Article V?
(b) Election.--The secretary shall certify questions to the
county boards of elections. 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 voting 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 Pennsylvania
Bulletin.
Section 4. Convention; membership; qualifications; vacancies.
(a) Call.--If a majority of the electors voting upon the
question under section 3(a) vote in the affirmative, a
convention shall be called by the Governor.
(b) Delegates.--The convention shall consist of the
following delegates:
(1) Three delegates shall be elected from each
senatorial district. Each elector in each senatorial district
20090SB0455PN0466 - 3 -
may vote for not more than two candidates. The three
candidates receiving the highest number of votes shall be
elected delegates.
(2) The following shall be ex officio delegates and
shall have the powers of elected delegates:
(i) The Lieutenant Governor.
(ii) The President pro tempore of the Senate.
(iii) The Majority Leader of the Senate.
(iv) The Majority Whip of the Senate.
(v) The Minority Leader of the Senate.
(vi) The Minority Whip of the Senate.
(vii) The Minority Caucus Chairman of the Senate.
(viii) The Speaker of the House of Representatives.
(ix) The Majority Leader of the House of
Representatives.
(x) The Majority Whip of the House of
Representatives.
(xi) The Minority Leader of the House of
Representatives.
(xii) The Minority Whip of the House of
Representatives.
(xiii) The Minority Caucus Chairman of the House of
Representatives.
(c) Qualifications.--An elected delegate must meet the
following qualifications:
(1) Be at least 18 years of age.
(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
20090SB0455PN0466 - 4 -
preceding election.
(4) Reside in the elected delegate's senatorial district
during term of service.
(d) Expenses.--Elected delegates shall be entitled to
reimbursement for reasonable expenses incurred in the
performance of their duties.
Section 5. Nomination of elected delegates; withdrawals.
(a) Political parties.--The county committee of each
political party in each senatorial district shall collectively
nominate two candidates in accordance with party rules and the
names of the nominees submitted to the secretary. The secretary
shall certify the names of the nominees to the county board as
provided by law not later than September 22, 2010.
(b) Political bodies.--Subject to the limitations upon the
number in this act applicable to political parties, candidates
may also be nominated by political bodies by petition in
accordance with the following:
(1) The secretary shall prescribe the form of the
petition.
(2) A petition must be signed by at least 500 qualified
electors of the senatorial district in accordance with the
following:
(i) An elector may not sign more than two nomination
petitions.
(ii) A signer must state occupation and residence,
giving city, borough or township, with street and number,
and that the signer is a qualified elector of the
district. The signature must be dated.
(iii) A petition may not be circulated prior to
August 18, 2009. A signature shall not be counted unless
20090SB0455PN0466 - 5 -
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 resident 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 of the individual who
circulated it setting forth:
(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
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; and
(G) that, to the best of the affiant'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 September 8, 2010. A filing fee of $100 must be
paid by the candidate by certified check or money order.
(c) Candidate's affidavit.--A candidate must file with the
secretary an affidavit stating all of the following:
20090SB0455PN0466 - 6 -
(1) The candidate's residence with street and number and
post office address.
(2) That the candidate is eligible for the office of
elected delegate to the constitutional 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 under
section 4(c).
(d) Withdrawal.--A candidate may withdraw as a candidate as
follows:
(1) Make a request in writing. The request must be
signed by the candidate and acknowledged before an officer
empowered to administer oaths.
(2) File the request in the office of the secretary by 5
p.m. on September 15, 2010.
Section 6. Elected delegates.
Elections for elected delegates shall be held at the
municipal election in November 2010. The secretary shall forward
to each county board the names of the candidates. Each elector
voting at the municipal election shall be entitled to vote for
two candidates from the elector's senatorial district. The three
candidates receiving the highest number of votes in each
district shall be the elected delegates of that district. 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. The county board shall, by November 17, 2010
certify the return to the secretary. The secretary shall, by
November 24, 2010, certify to the Governor the names of the
20090SB0455PN0466 - 7 -
elected delegates.
Section 7. Vacancies.
(a) Candidate.--In the event of the death or withdrawal of a
candidate occurring prior to September 22, 2010, a substitute
nomination shall be made under section 5.
(b) Elected delegate.--In the event of a vacancy in the
office of the elected delegate, a successor shall be elected as
follows:
(1) If the elected delegate was nominated under section
5(a), the remaining delegates of that political party shall
elect a successor who meets the qualifications under section
4(c). The secretary shall prescribe appropriate time
limitations.
(2) If the elected delegate member was nominated under
section 5(b), all of the remaining delegates shall elect a
successor meeting the qualifications under section 4(c).
Section 8. Preparatory Committee.
(a) Membership.--Ex officio delegates shall constitute the
Preparatory Committee to make arrangements for the convention.
(b) Meeting organization.--Upon certification by the
secretary of the results of the referendum election under
section 3, the committee shall have the following powers and
duties:
(1) To lease or otherwise obtain suitable meeting and
office space and to purchase or lease supplies, equipment,
publications and other materials necessary for the work of
the convention.
(2) To hire or engage staff necessary for the
preparatory work of the convention.
(3) To initiate relevant studies through its own
20090SB0455PN0466 - 8 -
personnel or in cooperation with any public or private
agencies.
(4) To hold public hearings.
(5) To enter into contracts.
(6) To receive from Commonwealth agencies and political
subdivisions and local agencies assistance necessary or
desirable to carry out properly the powers and duties under
this subsection.
(7) To submit a budget for the convention to the General
Assembly in sufficient time for the General Assembly to pass
the necessary appropriation acts.
(8) To do other acts necessary to carry out the powers
and duties under this subsection.
Section 9. Organization of convention.
(a) Convening.--
(1) The convention shall convene in the hall of the
House of Representatives on December 1, 2010, 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 delegates and issue certificates of
election.
(4) The Chief Justice of the Supreme Court or a designee
of the Chief Justice 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 Pennsylvania, and that I will discharge the
duties of my office with fidelity.
(b) Organization.--
20090SB0455PN0466 - 9 -
(1) The convention shall be the final judge of the
qualifications of its own delegates.
(2) The convention shall organize by electing from among
its delegates a president, secretary and other officers.
(3) The convention shall prescribe rules for:
(i) procedure; and
(ii) conduct of its delegates, including censure,
suspension or removal.
(c) Immunity.--
(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
place for any speech or debate in the convention.
(d) Sine die adjournment.--The convention shall adjourn sine
die on February 28, 2011.
Section 10. Function.
(a) Scope.--The convention has the power, by a vote of a
majority of delegates, to make recommendations to the electorate
on the following subjects only:
(1) Section 4 of Article II of the Constitution of
Pennsylvania, pertaining to sessions and special sessions of
each elected legislature.
(2) Section 8 of Article II of the Constitution of
Pennsylvania, pertaining to compensation of members of the
General Assembly.
(3) Section 16 of Article II of the Constitution of
Pennsylvania, pertaining to number of legislative districts.
(4) Section 4 of Article III of the Constitution of
20090SB0455PN0466 - 10 -
Pennsylvania, pertaining to legislative consideration of
bills.
(5) Section 13 of Article III of the Constitution of
Pennsylvania, pertaining to limitations on members with a
personal interest from voting on certain bills.
(6) Section 26 of Article III of the Constitution of
Pennsylvania, pertaining to compensation of public officers.
(7) Section 16 of Article V of the Constitution of
Pennsylvania, pertaining to the compensation and retirement
of justices, judges and justices of the peace, also known as
district judges.
(b) Limitations.--The convention shall not consider or
include in its recommendations any of the following:
(1) A proposal which clearly permits or prohibits the
imposition of a graduated income tax by the Commonwealth or
any of its political subdivisions. Section 1 of Article VIII
of the Constitution of Pennsylvania providing that: "All
taxes shall be uniform, upon the same class of subjects,
within the territorial limits of the authority levying the
tax, and shall be levied and collected under general laws."
shall not be modified, altered or changed in any respect
whatsoever.
(2) Section 11 of Article VIII of the Constitution of
Pennsylvania as it pertains to the Motor License Fund.
(c) Reorganization.--In dealing with the subject matter
under subsection (a), the convention may recommend amendment,
deletion, transfer or continuation without change.
Section 11. Manner of submitting proposals to electorate.
(a) Convention.--
(1) The recommendations of the convention shall be
20090SB0455PN0466 - 11 -
submitted to the electorate as determined by the convention.
(2) The convention shall frame the ballot questions.
(b) Certification.--The changes proposed and the ballot
questions shall be certified by the president and secretary of
the convention to the secretary by February 28, 2010.
Section 12. Submission to electorate.
(a) Secretary.--
(1) The secretary shall advertise the proposals of the
convention in at least two newspapers of general circulation
in every county once during the last week in March 2010.
(2) The secretary shall publish the Constitution of
Pennsylvania showing the changes proposed by the convention
in convenient form.
(3) The secretary shall send ten copies of the
publication under paragraph (2) to each county board.
(4) Upon request of an elector, the secretary shall send
a copy of the publication under paragraph (2).
(b) County boards.--A county board shall make the
publication under subsection (a)(4) available at each polling
place.
(c) Election.--
(1) The recommendations of the convention shall be
submitted to the electors for their approval or rejection at
the primary election of 2010.
(2) A majority vote of the electors voting 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.
Section 13. Lobbying.
20090SB0455PN0466 - 12 -
The provisions of 65 Pa.C.S. Ch. 13A (relating to lobbying
disclosure) apply to the convention.
Section 14. Convention open to public.
Sessions of the convention as a whole shall be open to the
public.
Section 15. Appropriation.
The sum of $1,000,000, or as much thereof as may be
necessary, is hereby appropriated to the Preparatory Committee
for the fiscal year July 1, 2010, to June 30, 2011, to carry out
the provisions of this act.
Section 16. Effective date.
This act shall take effect as follows:
(1) Section 15 shall take effect upon publication of the
notice under section 3(c).
(2) The remainder of this act shall take effect
immediately.
20090SB0455PN0466 - 13 -