Bill Text: PA SB337 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for a limited constitutional convention, for a referendum on the question, for the selection, nomination and election of delegates; defining the powers and duties of the convention; providing for the convention's 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: Strong Partisan Bill (Republican 13-1)

Status: (Introduced - Dead) 2011-01-28 - Referred to STATE GOVERNMENT [SB337 Detail]

Download: Pennsylvania-2011-SB337-Introduced.html

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PRINTER'S NO. 314
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 337 Session of2011
INTRODUCED BY PICCOLA, FOLMER, BRUBAKER, ALLOWAY, ERICKSON, PIPPY, YUDICHAK, ORIE, BOSCOLA, EICHELBERGER, WAUGH AND RAFFERTY, JANUARY 28, 2011
REFERRED TO STATE GOVERNMENT, JANUARY 28, 2011
AN ACT
Providing for a limited constitutional convention, for a
referendum on the question, for the selection, nomination and
election of delegates; defining the powers and duties of the
convention; providing for the convention's 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.
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 Limited
Constitutional Convention Act of 2011.
Section 2. Findings and declarations.
The General Assembly finds and declares as follows:
(1) All power is inherent in the people and all free
governments are founded on their authority and instituted for
their peace, safety and happiness. For the advancement of
these ends the people have at all times an inalienable and
indefeasible right to alter, reform or abolish their
government in such manner as they may think proper.
(2) The present Constitution should be systematically
reconsidered and conformed to the needs of a modern
Commonwealth, provided that the people, in the exercise of
their sovereign power, commit delegates to binding
restrictions on the scope of the convention and subject
matter.
Section 3. 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.
"Convention." The Limited Constitutional Convention
authorized under this act.
"County board." A county board of elections.
"Delegate." A delegate to the convention.
"Elected delegate." A delegate who is elected to the
convention under section 5(b).
"Secretary." The Secretary of the Commonwealth.
Section 4. Referendum.
(a) Question.--At the primary election in May 2011, the
following question shall be submitted to the electorate of this
Commonwealth to determine its will regarding a limited
constitutional convention:
Shall a constitutional convention be called in accordance
with and subject to the limitations and requirements contained
in the Limited Constitutional Convention Act of 2011, to prepare
for submission to the electorate proposals for the revision of
the following provisions of the Constitution of Pennsylvania as
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provided under section 10 of the Limited Constitutional
Convention Act of 2011:
(1) sections 3 (Terms of members), 4 (Sessions), 8
(Compensation), 16 (Legislative districts) and 17
(Legislative Reapportionment Commission) of Article II
(pertaining to the Legislature);
(2) sections 1 (Passage of laws), 2 (Reference to
committee; printing), 3 (Form of bills), 4 (Consideration of
bills), 13 (Vote denied members with personal interest), 26
(Extra compensation prohibited; claims against the
Commonwealth; pensions) and 27 (Changes in term of office or
salary prohibited) of Article III (pertaining to
Legislation);
(3) sections 4 (Lieutenant Governor), 5 (Qualifications
of Governor, Lieutenant Governor and Attorney General), 6
(Disqualification for offices of Governor, Lieutenant
Governor and Attorney General), 8 (Appointing power), 13
(When Lieutenant Governor to act as Governor), 14 (Vacancy in
office of Lieutenant Governor) and 17 (Contested elections of
Governor, Lieutenant Governor and Attorney General; when
succeeded) of Article IV (pertaining to the Executive);
(4) sections 10 (Judicial administration), 13 (Election
of justices, judges and justices of the peace; vacancies), 15
(Tenure of justices, judges and justices of the peace) and 16
(Compensation and retirement of justices, judges and justices
of the peace) of Article V (pertaining to the Judiciary)?
(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.
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(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 5. Convention, membership, qualifications and
vacancies.
(a) Call.--If a majority of the electors voting upon the
question under section 4(a) vote in the affirmative, a
convention shall be called by the Governor.
(b) Delegates.--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 elected delegates.
(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
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 6. Nomination of elected delegates; withdrawals.
(a) Petition.--Candidates for delegates for the convention
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shall be nominated 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 state 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, 2011. A signature shall not be counted unless
it bears a date later than August 17, 2011.
(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 all of the following:
(A) 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) The signers to the petition signed with
knowledge of the contents of the petition.
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(D) The residences of the signers correctly
stated.
(E) Each signer resides in the district named in
the affidavit.
(F) Each signer signed on the date set forth.
(G) 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, 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
secretary an affidavit stating all of the following:
(1) The candidate's residence with street and number and
post office address.
(2) The candidate is eligible for the office of elected
delegate to the limited constitutional convention.
(3) If elected, the candidate will faithfully observe
the limitations and requirements imposed upon the convention
by this act.
(4) The candidate meets the qualifications under section
5(c).
(c) 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, 2011.
(d) Certification.--The secretary shall certify the names of
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the nominees to the county board as provided by law not later
than September 22, 2011.
Section 7. Elected delegates.
Elections for elected delegates shall be held at the general
election in November 2011. The secretary shall forward to each
county board the names of the candidates. Each elector voting at
the general 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
case of a tie vote, the election shall be determined in
accordance with 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, 2011, certify the return to
the secretary. The secretary shall, by November 24, 2011,
certify to the Governor the names of elected delegates.
Section 8. Vacancies.
(a) Candidate.--In the event of the death or withdrawal of a
candidate occurring prior to September 29, 2011, a substitute
nomination shall be made under section 6.
(b) Elected delegate.--In the event of a vacancy in the
office of the elected delegate, a successor shall be elected by
all of the remaining delegates meeting the qualifications under
section 5(c).
Section 9. Organization of convention.
(a) Convening.--
(1) The convention shall convene in the hall of the
House of Representatives on December 1, 2011, at 12 noon.
(2) The convention shall be called to order by the
Governor. The Governor shall preside at its first session and
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until permanent officers are selected. 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 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 abide by the
instructions of the Limited Constitutional Convention Act
of 2011 and 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.--
(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 all of the
following:
(i) Procedure.
(ii) The convention's functions, powers and duties.
(iii) The conduct of its delegates, including
censure, suspension or removal.
(4) The officers elected by the delegates shall
constitute the administrative committee to make arrangements
for the convention. Upon certification by the secretary of
the results of the referendum election under section 7, the
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administrative committee shall have the following powers and
duties:
(i) 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.
(ii) To hire or engage staff necessary for the
preparatory work of the convention.
(iii) To initiate relevant studies through its own
personnel or in cooperation with any public or private
agencies.
(iv) To hold public hearings.
(v) To enter into contracts.
(vi) To receive from Commonwealth agencies,
political subdivisions and local agencies the assistance
necessary or desirable to carry out properly the powers
and duties under this subsection.
(vii) To submit a budget for the convention to the
General Assembly in sufficient time for the General
Assembly to pass the necessary appropriation acts.
(viii) To do other acts necessary to carry out the
powers and duties under this subsection.
(c) Legislative Reference Bureau.--The Legislative Reference
Bureau is charged with providing all necessary legal and
drafting services to the convention and shall serve as counsel
to the convention, unless the convention makes other
arrangement.
(d) Immunity.--
(1) A delegate shall in all cases, except treason,
felony, violation of oath of office and breach of the peace,
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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.
(e) Sine die adjournment.--The convention shall adjourn sine
die on September 14, 2012.
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 3 of Article II of the Constitution of
Pennsylvania, pertaining to terms of members.
(2) Section 4 of Article II of the Constitution of
Pennsylvania, pertaining to sessions and special sessions of
each elected legislature.
(3) Section 8 of Article II of the Constitution of
Pennsylvania, pertaining to compensation of members of the
General Assembly.
(4) Section 16 of Article II of the Constitution of
Pennsylvania, pertaining to number of legislative districts.
(5) Section 17 of Article II of the Constitution of
Pennsylvania, pertaining to the Legislative Reapportionment
Commission.
(6) Section 1 of Article III of the Constitution of
Pennsylvania, pertaining to passage of laws.
(7) Section 2 of Article III of the Constitution of
Pennsylvania, pertaining to reference to committee; printing.
(8) Section 3 of Article III of the Constitution of
Pennsylvania, pertaining to form of bills.
(9) Section 4 of Article III of the Constitution of
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Pennsylvania, pertaining to legislative consideration of
bills.
(10) Section 13 of Article III of the Constitution of
Pennsylvania, pertaining to limitations on members with a
personal interest from voting on certain bills.
(11) Section 26 of Article III of the Constitution of
Pennsylvania, pertaining to compensation of public officers.
(12) Section 27 of Article III of the Constitution of
Pennsylvania, pertaining to changes in term of office or
salary prohibited.
(13) Section 4 of Article IV of the Constitution of
Pennsylvania, pertaining to the Lieutenant Governor.
(14) Section 5 of Article IV of the Constitution of
Pennsylvania, pertaining to the qualifications of Governor,
Lieutenant Governor and Attorney General.
(15) Section 6 of Article IV of the Constitution of
Pennsylvania, pertaining to disqualification for offices of
Governor, Lieutenant Governor and Attorney General.
(16) Section 8 of Article IV of the Constitution of
Pennsylvania, pertaining to appointing power.
(17) Section 13 of Article IV of the Constitution of
Pennsylvania, pertaining to when Lieutenant Governor to act
as Governor.
(18) Section 14 of Article IV of the Constitution of
Pennsylvania, pertaining to vacancy in office of Lieutenant
Governor.
(19) Section 17 of Article IV of the Constitution of
Pennsylvania, pertaining to contested elections of Governor,
Lieutenant Governor and Attorney General; when succeeded.
(20) Section 10 of Article V of the Constitution of
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Pennsylvania, pertaining to judicial administration.
(21) Section 13 of Article V of the Constitution of
Pennsylvania, pertaining to election of justices, judges and
justices of the peace; vacancies.
(22) Section 15 of Article V of the Constitution of
Pennsylvania, pertaining to the tenure of justices, judges
and justices of the peace.
(23) Section 16 of Article V of the Constitution of
Pennsylvania, pertaining to the compensation and retirement
of justices, judges and justices of the peace.
(b) Limitations.--The convention shall not consider or
include in its recommendations any other section of the
Constitution unless specifically enumerated in subsection (a).
(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
submitted to the electorate as determined by the convention.
(2) The convention shall frame the ballot questions.
(3) Each ballot question shall consist of a single
subject and encompass amendment to only one article or
section of the Constitution of Pennsylvania.
(b) Certification.--The changes proposed and the ballot
questions shall be certified by the president and secretary of
the convention to the secretary by September 14, 2012.
Section 12. Submission to electorate.
(a) Secretary.--
(1) The secretary shall review the ballot questions for
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conformity with this act before submission to the voters and
determine whether the convention has complied with the
instructions as voted by the people. The secretary shall
certify the ballot questions as provided by law not later
than October 28, 2012.
(2) The secretary shall advertise the proposals of the
convention in at least two newspapers in every county once
during the last week in October 2012.
(3) The secretary shall publish the Constitution of
Pennsylvania showing the changes proposed by the convention
in convenient form.
(4) The secretary shall send ten copies of the
publication under paragraph (2) to each county board.
(5) 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 general election of 2012.
(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.
The provisions of 65 Pa.C.S. Ch. 13A (relating to lobbying
disclosure) shall apply to the convention.
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Section 14. Openness to public.
Sessions of the convention as a whole shall be open to the
public.
Section 30. Appropriation.
The sum of $1,000,000, or as much thereof as may be
necessary, is hereby appropriated to the Limited Constitutional
Convention for the fiscal year beginning July 1, 2011, to
September 29, 2012, to carry out the provisions of this act.
Section 31. Effective date.
This act shall take effect as follows:
(1) Section 30 shall take effect upon publication of the
notice under section 4(c).
(2) The remainder of this act shall take effect
immediately.
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