Bill Text: PA HB1456 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for a citizens constitutional convention on 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.

Sponsorship: Slight Partisan Bill (Democrat 10-4)

Status: (Introduced - Dead) 2011-05-04 - Referred to STATE GOVERNMENT [HB1456 Detail]

Download: Pennsylvania-2011-HB1456-Introduced.html

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PRINTER'S NO. 1762
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1456 Session of2011
INTRODUCED BY GALLOWAY, DALEY, DAVIS, DeLUCA, GOODMAN, GROVE, MULLERY, SWANGER AND GIBBONS, MAY 4, 2011
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 4, 2011
AN ACT
Providing for a citizens constitutional convention on 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 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
the executive, legislative or judicial branch of this
Commonwealth or any of its political subdivisions. The term
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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 2011,
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
Property Taxes Act to prepare for submission to the
electorate proposals for the revision of Article VIII of the
Constitution of Pennsylvania, which deals with taxation and
finance, for the purposes of reducing or eliminating property
taxes?
(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
Pennsylvania Bulletin.
Section 4. Convention, membership, qualifications and
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vacancies.
(a) Call.--If a majority of the electors voting upon the
question set forth in section 3(a) votes 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 8,
2011.
(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 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
disclosure) on the effective date of this act nor during the
delegate's term of service.
(d) Salary.--Elected delegates shall be entitled to a salary
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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, 2012, except for delegate
members of the preparatory committee, whose terms shall expire
October 31, 2012.
(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
place for any speech or debate in the convention.
(h) Exclusions.--The following shall apply:
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(1) No delegate may, during the delegate's term of
service, be appointed to or hold any civil 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 the person's 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.
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.
(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
district. The signature must be dated.
(iii) A petition shall not be circulated prior to
August 23, 2011. A signature shall not be counted unless
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it bears a date later than August 22, 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 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 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 5 p.m. on September 13, 2011. A filing fee of
$100 must be paid by the candidate by certified check or
money order.
(b) Candidate's affidavit.--A candidate must file with the
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office of the secretary, by 5 p.m. on September 13, 2011, 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 13, 2011.
(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 20, 2011.
(e) Certification.--The secretary shall certify the names of
the nominees to the county boards as provided by law not later
than September 27, 2011.
(f) Forms.--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. Elected and alternate delegates.
Elections for elected delegates shall be held at the
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municipal election on November 8, 2011. The secretary shall
forward to each county board the names of the candidates.
Candidates' names shall be grouped together on the ballot,
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 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 elected and alternate delegates.
Delegate elections shall be nonpartisan and neither the
delegate's party affiliation nor any slogan may appear next to a
candidate's name on the ballot. Bracketing by two or more
candidates is prohibited.
Section 7. Vacancies.
(a) Candidate.--In the event of the death of a candidate
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prior to September 27, 2011, that candidate's name shall be
removed from the ballot. In the event of the death of a
candidate on or after September 27, 2011, 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 6, 2011,
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 and the
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Constitution of Pennsylvania, that I will abide by the
limitations and requirements of the Citizens Constitutional
Convention on Property Taxes Act 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 on
arrangement, submission and address to the people.
(c) Duties of preparatory committee.--The following shall
apply:
(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,
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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 not
later than 5 p.m. on December 8, 2011.
(2) Working sessions of the convention shall commence on
January 9, 2012.
(e) Sine die adjournment.--The convention shall adjourn sine
die September 11, 2012.
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Section 9. Function.
(a) Scope.--The convention shall recommend to the electorate
three varying proposals, each designed to reduce or eliminate
property taxes under Article VIII of the Constitution of
Pennsylvania. The proposals may include replacing all or a
portion of the property tax with another tax.
(b) Limitations.--The convention shall have the power to
make recommendations to the electorate on Article VIII relating
to taxation and finance. The convention may not make
recommendations on any other articles.
(c) Reorganization.--In dealing with the subject matter
under subsections (a) and (b), the convention may recommend
amendment, addition, deletion, division, substitution, transfer
and implementation schedules.
Section 10. Manner of submitting proposals to electorate.
(a) Convention.--The following shall apply:
(1) The convention shall submit to the electorate three
separate proposals to reduce or eliminate property taxes
along with a fourth proposal to continue without change.
(2) The convention shall frame the ballot question
listing each proposal so that each elector may choose only
one.
(3) If no proposal receives at least 50% of the total
votes cast, the Constitution of Pennsylvania shall not be
amended.
(b) Certification.--The changes proposed and the ballot
question shall be certified by the president and secretary of
the convention to the secretary by September 25, 2012.
Section 11. Submission to electorate.
(a) Secretary.--The following shall apply:
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(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
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 2012 and once during the fourth week of
October 2012.
(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 three proposals recommended by the convention,
along with the proposal to continue without change, shall be
submitted to the electors at the general election in November
2012.
(2) The proposal receiving at least 50% of the total
votes cast shall be adopted. If no proposal receives at least
50% of the total votes cast, the Constitution of Pennsylvania
shall not be amended.
(d) Certification.--The secretary shall certify the results
of the election within three weeks of the general election in
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November 2012.
Section 12. Lobbying.
(a) Delegates.--The following shall apply:
(1) Direct lobbying of individual delegates by
organizations or individuals registered as lobbyists within
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
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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.
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
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immediately.
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