Highlights of the

SCOPE

·         Convention to be limited; Article I off the table.

TIMELINE

·         Authorizing referendum and delegates to be chosen on November 8, 2011.

·         Convention opens on December 6, 2011 to elect officers and form committees.

·         Delegates hold pre-convention public hearings across the Commonwealth during January 2012.

·         Working convention sessions commence on February 6, 2012.

·         Convention adjourns sine die on September 11, 2012.

·         Proposed constitutional changes submitted to the electorate on November 6, 2012.

DELEGATES

·         Three delegates elected in non-partisan fashion from each state senatorial district; minimum age 25; four year Commonwealth residency and one year district residency requirements. Alternate delegates also determined by election.

·         Public officials and lobbyists prohibited as delegates.

·         Delegates may only accept campaign contributions from in-district individuals. Contributions limited to $1,000. Self-financing limited to $1,000.

·         Elected delegates receive salary equal to legislative base pay and reimbursement for mileage and lodging.

·         Delegates prohibited from holding public office for two years after convention and prohibited from lobbying for two years after convention.

ORGANIZATION

·         Preparatory committee of four convention delegate officers, 15 other delegates, four legislative caucus leaders, the state Treasurer and the Auditor General prescribes convention rules, hires staff and secures materials, equipment and working space.

·         Judicial committee of 12 convention delegate officers, three judges of the Commonwealth Court and the Lieutenant Governor prescribes rules of conduct for delegates and develops a system for hearing complaints and referral to the Attorney General when appropriate.

·         Ten other committees formed to examine Articles II-XI.

TRANSPARENCY

·         Convention Communications Commission established to provide transparency, public scrutiny and preservation of the convention's proceedings and activities. Commission under supervision of the Governor and the state Treasurer until convention can assume full oversight.

·         All convention activities open to the public.

·         Lobbying of individual delegates by registered lobbyists prohibited; permitted lobbying methods of the whole convention specified.

PROTECTIONS

·         Delegates swear an oath to abide by the limitations and provisions of the act.

·         Courts available to challenge violations of the limitations of the act.

·         Proposed changes to the Constitution require two-thirds majority upon final passage at convention.

·         Convention’s proposed changes subject to approval by the electorate.

·         Adopted changes immune from subsequent state court challenges.

·         Attorney General has jurisdiction over violations of the act; criminal penalties prescribed.

FUNDING

·         No new taxes required; convention funded by existing non-lapsing legislative leadership accounts.

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 & Museum Commission and county election boards, providing for a referendum on the convention's report, for imposing penalties for violations of the act, and making an appropriation.

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.      Elected and alternate 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.    Judicial immunity.

Section 17.    Penalties.

Section 18.    Appropriation.

Section 19.    Effective date.

Section 20.    Severability.

     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 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:

(a) "Candidate." -- An individual seeking to become an elected delegate.

(b) "Commission." -- The Convention Communications Commission established in Section 9 of this act.

(c) "Convention." -- The citizens' constitutional convention authorized by this act.

(d) "County board." -- A county board of elections.

(e) "Delegate." -- Elected or alternate delegate to the convention.

(f) "Elected delegate." -- A delegate elected to the convention under Section 4(a) or a person filling a vacancy under Section 7(b).

(g) "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 this Commonwealth or any of its political subdivisions. The term shall not include members of advisory boards that have no authority to do any of the following:

(1) Expend public funds, other than reimbursement for personal expenses.

(2) Otherwise exercise the power of the Commonwealth or any of its subdivisions.

(h) "Secretary." -- The Secretary of the Commonwealth 

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 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 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 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. – 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, a 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; etc.

(b) Qualifications. -- A delegate must meet the following qualifications:

(1) Be at least 25 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 their term of service.

(5) Not be a public official on the effective date of this act under Section 19(b) nor during their term of service.

(6) Not be a registered lobbyist in the Commonwealth on the effective date of this act under Section 19(b) nor during their term of service.

(c) Salary. -- Elected delegates shall be entitled to a salary equal to the salary of a member of the General Assembly during their term of service, payable monthly.

(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 their duties during their 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 their duties during their term of service, documented, reported and payable monthly, including commuting expenses.

(3) Sums paid for overnight lodging required for the convenience of elected delegates traveling more than fifty miles from their residence in the performance of their duties during their term of service, documented, reported and payable monthly.

(e) Terms of service. -- Terms of service for elected 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 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. -- 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.

(g) Exclusions. -- The following shall apply:

(1) No elected delegate shall, during their term of service, be appointed to or hold any civil office under this Commonwealth to which a salary, fee or perquisite is attached.

(2) No member of Congress or other person holding any office (except of attorney-at-law or in the National Guard or in a reserve component of the armed forces of the United States) under the United States or this Commonwealth to which a salary, fee or perquisite is attached shall be a delegate during their continuance in office.

(3) Elected delegates shall be prohibited from serving as a public official as defined in Section 2(g) for a period of two years after their term of service expires.

(4) Elected delegates shall be prohibited from registering as a lobbyist for any purpose within the Commonwealth and shall prohibited from serving as an officer or principle of any lobbying entity registered within the Commonwealth for a period of two years after their 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 the political affiliation of the candidate.

(2) A petition must be signed by at least 100 qualified electors of the candidate's senatorial district in accordance with all 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 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 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 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.

(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 6, 2011. The candidate must pay a filing fee of $100.00 by certified check or money order.

(b) Candidate's affidavit. -- A candidate must file with the office of the secretary, by 5 p.m. on September 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 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. 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 13, 2011.

(e) Certification. -- The secretary shall certify the names of the nominees to the county boards as provided by law not 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.      Elected and alternate delegates.

     Elections for elected delegates shall be held at the municipal election on November 8, 2011 and shall be non-partisan. The secretary shall forward to each county board the names of the candidates. Candidates' names shall be grouped together on the ballot without reference to party affiliation, separate from the names of candidates for any other office, and subsequent to the question under 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 in Section 3(a) is approved by a majority of the electors casting votes:

(a) The three candidates receiving the highest number of votes shall be the elected delegates of that district.

(b) 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; etc.

(c) 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.

(d) The county boards shall, by November 22, 2011, certify the return of the election for all delegates to the secretary.

(e) 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 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.      Delegate candidate campaign finance.

(a) Reporting. -- Candidates for delegate to the convention may comply with this 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 delegate candidate's campaign committee, nor shall any authorized delegate 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 that 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 or in-kind contributions or loans totaling more than $1000.00 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 political committees, providing that such expenses are 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 elected delegates during their official duties, to include:

(i)    Stenography and/or transcription posted on the internet as soon as practicable.

(ii)   Live television, radio and internet broadcast of working sessions of the convention.

(iii)   Live or recorded television, radio and internet broadcast of committee meetings.

(2) The commission shall develop and establish a fully searchable database for the collection and storage of all testimony and transcripts of pre-convention public hearings conducted by the elected delegates, and shall provide direction to elected 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 elected 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, hyperlinked to all relevant video, audio, testimony and committee meeting transcriptions.

(iv)  Public access to all pre-convention materials provided to the delegates by the convention's preparatory committee.

(v)   Public access to the database created for the purpose of collection and storage of all pre-convention public hearings conducted by the elected delegates.

(vi)  Public access to a directory of all elected 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 all public communications issued by the convention.

(ix)  Dedicated email addresses for all convention delegates, employees and contractors.

(x)   A publicly viewable forum for each senatorial district, where the following shall apply:

(A) Constituents within that senatorial district shall 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 elected delegates.

(B) Elected delegates representing that senatorial district may post their opinions and observations of the convention's proceedings and their public responses to constituent concerns.

(4) The commission shall consult with the Pennsylvania Historical & Museum Commission regarding best practices regarding creating, maintaining and preserving 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 in Section 18(a), subject to oversight by the state Treasurer until such time as the convention assumes oversight in accordance with Section 18(b).

(e) Termination. -- The commission shall terminate and cease active operations no later than December 31, 2012.

(f) Post-termination. - All materials pertaining to the convention shall be transferred to the Pennsylvania Historical & Museum Commission for preservation on or before December 31, 2012. The Pennsylvania Historical & Museum Commission shall maintain a static representation of the complete online presence of the convention for a period of no less than 10 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 twelve o'clock noon.

(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 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 the Commonwealth of Pennsylvania , that I will abide by the limitations and requirements of the Citizens' Constitutional Convention Act of 2011, 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) Officers. -- The convention shall elect from among its elected delegates a president, first vice-president, second vice-president, and a secretary.

(3) Preparatory committee. -- The convention shall elect from among its elected delegates fifteen 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) Judicial committee. -- The convention shall elect from among its elected delegates twelve members to serve on a judicial committee. The judicial committee shall also include three judges of the Commonwealth Court, appointed by the Chief Justice of the Supreme Court, and the Lieutenant Governor.

(5) Exclusions. -- No elected delegate serving on the preparatory committee shall serve on the judicial committee. No elected delegate serving on the judicial committee shall serve on the preparatory 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 following shall apply:

(1) The preparatory committee shall recommend procedural rules for the convention, subject to adoption by a majority of the elected delegates at the commencement of working sessions.

(2) The preparatory committee shall 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 Convention Communication Commission until termination.

(3) The preparatory committee shall establish guidelines to direct the elected delegates in scheduling and conducting pre-convention public hearings.

(4) The preparatory committee shall 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 Convention Communications Commission as soon as practicable.

(5) The preparatory committee shall be authorized to do all 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)  To hold public hearings.

(v)   To enter into contracts.

(vi)  To receive from Commonwealth agencies and political divisions and local agencies assistance necessary or desirable to carry out properly the powers and duties under this subsection.

(vii)  To submit 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(c), as needed.

(d) Duties of the judicial committee. -- The following shall apply:

(1) The judicial committee shall recommend 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) The judicial committee shall recommend 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) Organizational session. -- The organizational session shall be adjourned no later than 5 p.m. on December 8, 2011.

(2) Pre-convention hearings. -- 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 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 Convention Communications Commission for publication as soon as practicable.

(v)   Elected delegates shall provide a unified aggregate summary of their public hearings for transmission to the Convention Communications 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. -- 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 its elected delegates 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(s).

(b) Certification. -- The president and secretary of the convention shall certify the constitutional changes proposed and the ballot question(s) 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 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 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 boards. -- Each county board shall make the publication under subsection (a)(1) available at each polling place in a quantity equal to the number of voting booths, terminals or stations at that polling place.

(c) Election. -- The following shall apply:

(1) The recommendations of the convention shall be submitted to the electors for their approval or rejection at the general election on November 6, 2012.

(2) A majority affirmative vote of the electors casting votes on the ballot question(s) 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 individual delegates by entities or persons registered as 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(s) 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 by the following methods:

(i)    Providing printed and electronic reference materials in quantities sufficient for distribution to all elected delegates and the Convention Communications Commission, subject to any pertinent policies adopted by the convention.

(ii)   Providing printed and electronic and/or 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 and electronic reference materials to committees or subcommittees of the convention in quantities sufficient for distribution to all elected delegates and the Convention Communications 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.

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.    Judicial immunity.

     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 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 as defined in Section 2(g), and shall forever be prohibited from registering as a lobbyist within the 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 as defined in Section 2(g), and shall forever be prohibited from registering as a lobbyist within the Commonwealth for any purpose.

(d) Registered lobbyists. -- The following shall apply:

(1) Organizations. - Any lobbying entity, registered within the 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) of this act, 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 the Commonwealth for any purpose. All principals and officers of any such organization 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 the Commonwealth for any purpose, and shall forever be disqualified from holding any public office as defined in Section 2(g).

(2) Individuals. -- Any person, registered as a lobbyist within the Commonwealth on the effective date of this act or during the duration of the convention, who shall be guilty of bribery, fraud or willful violation of any provision of Section 14(a) of this act, 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 the Commonwealth for any purpose, and shall forever be disqualified from holding any public office as defined in Section 2(g).

(e) Public officials. - The following shall apply:

(1) Specified within the act. -- Any 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 as defined in Section 2(g), and shall forfeit all pension benefits funded by public moneys.

(2) Not specified within the act. -- Any 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 as defined in Section 2(g), 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 any provision of Section 14(b)(2) of this act, 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 prohibited from registering as a lobbyist within the Commonwealth for any purpose, and shall forever be disqualified from holding any public office as defined in Section 2(g).

Section 18.    Appropriation.

(a) If the electorate approves the question in Section 3(a), the sum of $25,000,000 shall be transferred from the non-lapsing 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 provisions of this act.

(b) The convention's preparatory committee shall assume control of the initial appropriation when it deems appropriate.

(c) 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(b)(5)(vii).

Section 19.    Effective date.

     This act shall take effect as follows:

(a) Section 18 shall take effect upon publication of the notice under Section 3(c).

(b) The remainder of this act shall take effect immediately.

Section 20.    Severability.

(a) 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.

(b) 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.