Bill Text: PA SB937 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for a citizens' constitutional convention, for a referendum on the question, 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 for violations of the act; and making an appropriation.

Spectrum: Moderate Partisan Bill (Republican 7-2)

Status: (Introduced - Dead) 2011-04-08 - Referred to STATE GOVERNMENT [SB937 Detail]

Download: Pennsylvania-2011-SB937-Introduced.html

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PRINTER'S NO. 1015
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 937 Session of2011
INTRODUCED BY FOLMER, SOLOBAY, RAFFERTY, EICHELBERGER, ERICKSON AND BREWSTER, APRIL 8, 2011
REFERRED TO STATE GOVERNMENT, APRIL 8, 2011
AN ACT
Providing for a citizens' constitutional convention, for a
referendum on the question, 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 for violations of the
act; and making an appropriation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
TABLE OF CONTENTS
Section 1. Short title.
Section 2. Definitions.
Section 3. Referendum.
Section 4. Membership.
Section 5. Nomination of elected delegates and withdrawals.
Section 6. 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. Immunity from judicial review.
Section 17. Penalties.
Section 18. Appropriation.
Section 19. Severability.
Section 30. Effective date.
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.
"Convention." The citizens' constitutional convention.
"County board." A county board of elections.
"Delegate." An elected or alternate delegate to the
convention.
"Elected delegate." A delegate elected to the convention
under section 4(a) or a person filling a vacancy under section
7(b).
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"Lobbying firm." As defined under 65 Pa.C.S. § 13A03
(relating to definitions.)
"Lobbyist." A lobbyist required to register under 65 Pa.C.S.
§ 13A04 (relating to registration.)
"Public official." Any person elected by the public, elected
or appointed by a governmental body or an appointed official in
the executive, legislative or judicial branch of the
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 Commonwealth of
Pennsylvania.
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 the 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 the
Commonwealth of Pennsylvania except Article I, pertaining to
the Declaration of Rights?
(b) Election.--The secretary shall certify the question to
the county board in each county within this Commonwealth. The
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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.--The secretary shall certify the results of
the election 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, by
November 22, 2011.
(d) Call.--If a majority of the electors voting upon the
question under subsection (a) vote in the affirmative, the
convention shall be called by the Governor.
Section 4. Membership.
(a) Delegates.--Three delegates shall be 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. 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 and the candidate receiving the sixth-highest
number of votes shall be the third alternate delegate.
(b) Qualifications.--A delegate must meet the following
qualifications:
(1) Be 25 years of age or older 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
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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 section nor during the delegate's term of service.
(6) Not be a lobbyist on the effective date of this
section nor during the delegate's term of service.
(c) Salary.--Elected 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.--Elected 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) Terms of service.--Terms of service for delegates shall
commence on the date of their oath of office. Terms shall expire
on September 30, 2012, with the following exceptions:
(1) The terms of delegate members of the preparatory
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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
communications subcommittee shall expire on December 31,
2012.
(f) Immunity.--Except as provided under section 17, the
following shall apply:
(1) A delegate shall, except for 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.
(g) Exclusions.--The following shall apply:
(1) No elected delegate shall, during his term of
service, be appointed to or hold any civil or other office
under this Commonwealth to which a salary, fee or perquisite
is attached.
(2) No member of Congress or other person holding an
office under the United States or the Commonwealth to which a
salary, fee or perquisite is attached shall be a delegate
during his continuance in office. This paragraph does not
apply to an attorney at law or a member of the National Guard
or a reserve component of the armed forces of the United
States.
(3) An elected delegate shall be prohibited from serving
as a public official for a period of two years after his term
of service expires.
(4) An elected delegate shall be prohibited from
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registering as a lobbyist for any purpose within this
Commonwealth and shall be prohibited from serving as an
officer or principal of any lobbying firm registered within
this Commonwealth for a period of two years after his term of
service expires.
Section 5. Nomination of elected delegates and withdrawals.
(a) Nomination.--Candidates for delegate 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 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 his city, borough or
township of residence, as applicable, along with street
and number, and that he 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
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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 the city,
borough or township, as applicable, along 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 must 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) Affidavit.--A candidate must file with the office of 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
elected delegate to the convention.
(3) That, if elected, the candidate will faithfully
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observe the limitations and requirements imposed upon the
convention by this act.
(4) That the candidate meets the qualifications under
section 4(b).
(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 6, 2011.
(d) Withdrawal.--A candidate may withdraw as a candidate as
follows:
(1) Make a request in writing, 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 13, 2011.
(e) Certification.--The secretary shall certify the names of
the nominees to each county board as provided by law no 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. Delegates.
Elections for delegates shall be held at the municipal
election on November 8, 2011. The ballot shall not indicate the
political party, if any, of a candidate. The secretary shall
forward to each county election 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
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municipal election shall be entitled to vote for two candidates
from the elector's senatorial district. 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 elected delegates of that senatorial
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; 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 elected 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) Elected delegate.--In the event of a vacancy in the
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office of elected delegate, the first alternate delegate from
the same senatorial district shall become the elected delegate;
if the first alternate delegate is unable to serve, the second
alternate delegate shall become the elected delegate; if the
second alternate delegate is unable to serve, the third
alternate delegate shall become the elected delegate. If no such
alternate delegate is available to fill a vacancy, the remaining
elected delegates from the same senatorial 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 to the convention
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 to the convention, or influencing the outcome of the
referendum question in section 3(a).
(c) Contributions and loans.--No candidate for delegate to
the convention, or delegate candidate's campaign committee,
shall accept financial or in-kind contributions or loans from
any entity other than an individual residing within the
senatorial district for which the candidate is vying to
represent at the convention.
(d) Limits.--No candidate for delegate to the convention, or
delegate candidate's campaign committee, shall accept financial
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or in-kind contributions or loans totaling more than $1,000 in
aggregate 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
committees may pool or share expenses with other delegate
candidates or their campaign committees, provided that such
expenses shall be divided equitably and duly reported by all
involved entities.
(g) Residual funds.--Delegate candidates or their campaign
committees in possession of residual campaign funds as of
December 31, 2011, shall:
(1) Transmit such funds to the convention on or before
January 31, 2012, if the electorate approves the question in
section 3(a).
(2) Distribute such 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 following shall apply:
(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
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delegates' official duties, to include:
(i) stenography or transcription, or both, posted on
the Internet as soon as practicable;
(ii) live television, radio and Internet broadcast
of all committee meetings and votes of any kind of the
convention; and
(iii) live or recorded television, radio and
Internet broadcast of committee meetings.
(2) The commission shall develop and establish a fully
searchable database for collection and storage of all
testimony and transcripts of preconvention public hearings
conducted by the delegates, and provide direction to
delegates regarding the transmission of such 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, audio and
transcriptions of convention sessions and committee
meetings.
(ii) Public access to timely updates of the journals
of the convention, hyperlinked to all relevant video,
audio, debate transcriptions and committee reports.
(iii) Public access to all committee reports, hyper-
linked to all relevant video, audio, testimony and
committee meeting 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
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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 required by
law to be made public when 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 in
accordance with section 10(c)(2).
(d) Funding.--The commission shall be funded from the
appropriation under section 18(1), subject to oversight by the
State Treasurer until the convention assumes oversight in
accordance with section 18(2).
(e) Termination.--The commission shall terminate and cease
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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.
Section 10. 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 p.m.
(2) The Governor shall call the convention to order.
(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
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 the Commonwealth of Pennsylvania, that I
will abide by the limitations and requirements of the
Citizens' Constitutional Convention Act of 2011, that I
will neither make nor attempt to make changes to Article
I of the Pennsylvania Constitution 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.
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(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 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 elected
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 elected delegate shall 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 the
Commonwealth 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 preparatory
committee shall:
(1) Recommend procedural rules for the convention,
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subject to adoption by a majority of the elected delegates at
the commencement of working sessions.
(2) 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) Establish guidelines to direct the elected delegates
in scheduling and conducting preconvention public hearings.
(4) Assemble documents, manuals and reference materials
it deems useful in preparing the delegates for a convention
and disseminate a uniform collection of such items in printed
form to each delegate and in a form useful to the commission
as soon as practicable.
(5) 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 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
personnel or in cooperation with any public or private
agencies.
(iv) Hold public hearings.
(v) Enter into contracts.
(vi) 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.
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(vii) Summit a budget and additional reports to the
General Assembly in sufficient time for the General
Assembly to pass any necessary appropriation acts
required by section 18(3), as needed.
(d) Duties of the judicial committee.--The judicial
committee shall recommend:
(1) Rules regarding the conduct of delegates, including
censure, suspension or removal, subject to adoption by a
majority of the elected delegates at the commencement of
working sessions.
(2) 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 elected delegates at the
commencement of working sessions.
(e) Sessions.--The following shall apply:
(1) The organizational session shall be adjourned no
later than 5 p.m. on December 8, 2011.
(2) Elected 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 such hearings,
the following shall apply:
(i) No fewer than four hearings shall be held in
each senatorial district.
(ii) The three elected delegates from each
senatorial district shall rotate chairmanship of the
hearings in their district.
(iii) Testimony shall be accepted in written or
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verbal form. Written testimony shall also be submitted in
electronic form when possible.
(iv) Transcriptions and testimony provided at the
hearings shall be transmitted to the commission for
publication as soon as practicable.
(v) Elected delegates shall provide a unified
aggregate summary of their 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.
(3) Working sessions of the convention shall commence on
February 6, 2012.
(f) 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 elected delegates present on final passage,
to make recommendations to the electorate on all subjects
contained within the Constitution of the Commonwealth 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 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
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questions with drafting assistance from the Legislative
Reference Bureau.
(b) Certification.--The president and secretary of the
convention shall certify the constitutional changes proposed and
the ballot question or questions to the secretary by September
25, 2012.
Section 13. Submission to electorate.
(a) Secretary.--The following shall apply:
(1) The secretary shall publish the Constitution of the
Commonwealth 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 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) The secretary shall send a sufficient amount 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 board.--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
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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 question or 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 paid lobbyists within the Commonwealth on the
effective date of this act or during 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) Entities and persons prohibited from lobbying
delegates in 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 elected delegates and the commission, subject to any
pertinent policies adopted by the convention.
(ii) Providing printed and electronic or oral
testimony, or both, at a hearing before any committee or
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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 elected 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.--As used in this section, the definitions
of 65 Pa.C.S. § 1102 (relating to definitions) and 65 Pa.C.S Ch.
13A (relating to lobbying disclosure) shall apply 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. Immunity from judicial review.
Provided no portion of the resultant Constitution of the
Commonwealth 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 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
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entities.
(b) Delegate candidates.--Any person, who while a candidate
for delegate or while an elected or alternate delegate, or whose
delegate candidate's campaign committee shall be guilty of
bribery, fraud or willful violation of any provision of section
8 of this act, shall forever be disqualified from holding the
office of delegate to the convention and from any other public
office, and shall forever be prohibited from registering as a
lobbyist within this Commonwealth for any purpose.
(c) Delegate oath.--Any person who, while an elected
delegate, proposes changes to Article I of the Constitution of
the Commonwealth of Pennsylvania to the convention, shall be
fined not less than $25,000, shall be subject to imprisonment
for a term of not less than one year, shall forever be
disqualified from holding the office of delegate to the
convention and from any other public office, and shall forever
be prohibited from registering as a lobbyist within this
Commonwealth for any purpose.
(d) Lobbyists.--The following shall apply:
(1) Any lobbying entity, registered within this
Commonwealth on the effective date of this act or during the
duration of the convention, which shall be guilty of bribery,
fraud or willful violation of any provision of section 14(a),
shall be fined not less than $100,000, shall forfeit all
assets to the Commonwealth and shall forever be prohibited
from registering as a lobbying entity within this
Commonwealth for any purpose. All individuals of any such
organization who are convicted shall be fined not less than
$25,000, shall be subject to imprisonment for a term of not
less than one year, shall forever be prohibited from
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registering as a lobbyist within this Commonwealth for any
purpose and shall forever be disqualified from holding any
public office.
(2) Any person, registered as a lobbyist within this
Commonwealth on the effective date of this section or during
the duration of the convention, who shall be guilty of
bribery, fraud or willful violation of section 14(a), shall
be fined not less than $25,000, shall be subject to
imprisonment for a term of not less than one year, shall
forever be prohibited from registering as a lobbyist within
this Commonwealth for any purpose and shall forever be
disqualified from holding any public office.
(e) Public Officials.--The following shall apply:
(1) A public official assigned duties by this act, who
shall be guilty of willful failure to perform such duties,
shall be fined not less than $25,000, shall be subject to
imprisonment for a term of not less than one year, shall
forever be disqualified from holding any public office and
shall forfeit all pension benefits funded by public moneys.
(2) A public official, not assigned duties by this act,
who shall be guilty of bribery, fraud or willful violation of
any provision of this act, shall be fined not less than
$10,000, shall be subject to imprisonment for a term of not
less than one year, shall forever be disqualified from
holding any public office and shall forfeit all pension
benefits funded by public moneys.
(f) Other persons.--Any person who shall be guilty of
bribery, fraud or willful violation of section 14(b)(2) shall be
fined not less than $10,000, shall be subject to imprisonment
for a term of not less than six months, shall forever be
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prohibited from registering as a lobbyist within this
Commonwealth for any purpose and shall forever be disqualified
from holding any public office.
Section 18. Appropriation.
The following shall apply:
(1) 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.
(2) The convention's preparatory committee shall assume
control of the initial appropriation when it deems
appropriate.
(3) 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
10(c)(5)(vii).
Section 19. Severability.
The following shall apply:
(1) If the limitation in section 11(a), excluding
Article I of the Constitution of the Commonwealth of
Pennsylvania from the scope of the convention, is held
invalid, the entire act shall be invalid.
(2) If any other provision of this act or the
application thereof to any person or circumstance is held
invalid, the validity of the remainder of this act and the
application of such provisions to other persons and
circumstances shall not be affected thereby.
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Section 30. 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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