PRIOR PRINTER'S NO. 97                         PRINTER'S NO. 531

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 88 Session of 1987


        INTRODUCED BY IRVIS, RYAN, PITTS, KOSINSKI, HONAMAN AND BUNT,
           FEBRUARY 2, 1987

        AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
           REPRESENTATIVES, AS AMENDED, MARCH 2, 1987

                                     AN ACT

     1  Providing for the celebration of the 200th Anniversary of
     2     Pennsylvania's ratification of the United States
     3     Constitution; providing for a reenactment of ratification
     4     events by a legislative committee and certain students;
     5     providing for debating and essay contests and other events;
     6     creating the Legislative Bicentennial Subcommittee, providing
     7     for its powers and duties and transferring an unexpended
     8     appropriation thereto; imposing duties upon intermediate
     9     units; and providing for the termination of the subcommittee.

    10     The General Assembly of the Commonwealth of Pennsylvania
    11  hereby enacts as follows:
    12  Section 1.  Short title.
    13     This act shall be known and may be cited as the Commemoration
    14  of the Pennsylvania Ratification of the United States
    15  Constitution Act.
    16  Section 2.  Legislative findings and purpose.
    17     (a)  Findings.--The General Assembly of the Commonwealth of
    18  Pennsylvania finds as follows:
    19         (1)  Pennsylvania, which on December 12, 1787, became the
    20     second state to ratify the United States Constitution, also


     1     was the first state to witness the historical and far-
     2     reaching confrontation between the Federalists and the Anti-
     3     Federalists over amendments defining the rights of citizens.
     4         (2)  Pennsylvania's Anti-Federalists were minority
     5     members of the Pennsylvania ratifying convention who opposed
     6     ratification because they believed that the proposed
     7     centralized Federal system without the protection of a
     8     "national bill of rights" was intimidating and unacceptable.
     9         (3)  Pennsylvania's Federalists, who prevailed as
    10     majority members of the ratifying convention, argued
    11     persuasively that the Anti-Federalists had confused a
    12     republic with a direct democracy. They argued that size and
    13     numbers did not matter in a republic if elected
    14     representatives of citizens were able to meet in a central
    15     place. They believed also that America's diversity provided a
    16     natural system of "checks and balances" which insured liberty
    17     because no one interest or class could become too powerful.
    18         (4)  Pennsylvania's unique familiarity with the
    19     provisions of the new Constitution and its opposing issues
    20     stems from the fact that two of the Convention's eight
    21     delegates were intimately involved with its framing. James
    22     Wilson wrote the first draft, and Gouveneur Morris wrote the
    23     final draft.
    24         (5)  Although Pennsylvania's Anti-Federalists lost their
    25     battle to add the ten amendments to the Constitution, their
    26     enthusiasm was instrumental, during the ratification debates
    27     in other states, in securing the attachment of the "Bill of
    28     Rights" to the ratified Constitution in 1791.
    29         (6)  Delegate Benjamin Franklin had authored a
    30     "Declaration of Rights" for Pennsylvania's 1776 Constitution.
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     1     This protection of the rights of Pennsylvania citizens served
     2     as a model for the Federal Constitution's "Bill of Rights."
     3     (b)  Purpose.--
     4         (1)  The controversy, aroused in 1787 by the debates over
     5     the purpose and need for the protection of citizens' rights
     6     to be included in our United States Constitution, continues
     7     to this day.
     8         (2)  Through the reenactment of Pennsylvania's
     9     ratification of the United States Constitution,
    10     Pennsylvania's General Assembly in the 1987 session intends
    11     to stimulate spirited discussions of the ideals expressed in
    12     the "Bill of Rights" within the community and among
    13     Pennsylvania school children. Such discussions and debates
    14     among all Pennsylvanians during the 200th Anniversary
    15     celebration can only lead to a deeper awareness and
    16     appreciation of the freedoms guaranteed by our United States
    17     Constitution.
    18  Section 3.  Commemoration of the Pennsylvania Ratification of
    19                 the United States Constitution.
    20     (a)  General rule.--Whereas the nationwide celebration of the
    21  Constitution will be September 17, 1987, and whereas, each state
    22  will have its own celebration in connection with the anniversary
    23  of its ratification of the document, this act shall provide for
    24  celebration of Pennsylvania's ratification of the United States
    25  Constitution.
    26     (b)  Schedule of events.--The 200th Anniversary of
    27  Pennsylvania's ratification of the proposed United States
    28  Constitution shall span a period from January 1, 1987, through
    29  December 31, 1987. During that period, debating contests shall
    30  be held among Pennsylvania intermediate unit school children in
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     1  order to qualify them for participation in a reenactment of the
     2  actual Pennsylvania Ratification Convention of 1787. The re-
     3  creation of the Convention shall be held in the Senate Chamber
     4  of the Pennsylvania Capitol in Harrisburg from December 9
     5  through 12, 1987. In addition to the Pennsylvania intermediate
     6  unit qualifying debates, there shall be an essay contest,
     7  sponsored by the Legislative Bicentennial Subcommittee, which
     8  shall be open to intermediate unit students and which shall be
     9  conducted during the period leading to the reenactment of the
    10  Convention.
    11  Section 4.  Commemorative program procedures and coordination.
    12     (a)  General rule.--The members of the General Assembly who
    13  are members of the Commonwealth Commission on the Bicentennial
    14  of the United States Constitution shall constitute a
    15  subcommittee to be known as the Legislative Bicentennial
    16  Subcommittee for the purpose of carrying out the provisions of
    17  this act.
    18     (b)  Additional powers of Legislative Bicentennial
    19  Subcommittee.--In addition to any other powers and duties
    20  prescribed by this act, the Legislative Bicentennial
    21  Subcommittee shall:
    22         (1)  Be responsible for the implementation and
    23     administration of the celebration programs set forth in this
    24     act.
    25         (2)  Cooperate with other public and private groups in
    26     the reenactment of the Pennsylvania Ratification Convention.
    27         (3)  Promulgate such rules and regulations as are
    28     necessary to implement and administer this act.
    29         (4)  Enter into contracts and execute all instruments
    30     necessary or convenient for carrying on its operations.
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     1         (5)  Employ such persons as may be necessary and
     2     convenient to carry out this act.
     3     (c)  Expenses.--Members of the Legislative Bicentennial
     4  Subcommittee shall receive no compensation for their services
     5  but shall be reimbursed for reasonable travel and other
     6  necessary expenses incurred by them in the performance of their
     7  duties.
     8     (d)  Chairman.--The subcommittee shall elect a chairman from
     9  its membership.
    10     (e)  Quorum.--A majority of the members of the subcommittee
    11  shall constitute a quorum.
    12  Section 5.  Debate.
    13     (a)  Participants.--Each of the 29 intermediate units shall
    14  sponsor and conduct a debate program for qualifying students in
    15  grades 9 through 12 in accordance with rules adopted by the
    16  Legislative Bicentennial Subcommittee for the purpose of
    17  selecting participants in the reenactment of the Pennsylvania
    18  Ratification Convention. Each intermediate unit shall select two
    19  students to participate in the reenactment and shall submit the
    20  names and addresses of two students, per intermediate unit, to
    21  the Legislative Bicentennial Subcommittee by October 1, 1987.
    22     (b)  Issues for debate.--Two intermediate unit students from
    23  each of the 29 units shall be chosen through a system of debates
    24  among students from grades 9 through 12 debating such basic
    25  constitutional issues as whether to:
    26         (1)  Give citizens the power to call a convention for the
    27     purpose of proposing Constitutional amendments.
    28         (2)  Extend the President's term of office to six years,
    29     while eliminating the opportunity to be reelected.
    30         (3)  Set terms of office for Federal judges and change
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     1     the method by which they are selected.
     2         (4)  Give the President an item veto and Congress a
     3     legislative veto.
     4         (5)  Extend the terms of Representatives and limit the
     5     number of terms they may serve.
     6         (6)  Be for or against the popular election of the
     7     President.
     8     (c)  Additional issues.--The Legislative Bicentennial
     9  Subcommittee may prescribe additional issue for debate.
    10  Section 6.  Essay contest.
    11     (a)  General rule.--The Legislative Bicentennial Subcommittee
    12  shall sponsor an essay contest in keeping with its overall goal
    13  of stimulating the interest of all Pennsylvanians in the origins
    14  of our United States Constitution.
    15     (b)  Participants and purpose.--The essay contest, open to
    16  all 9th through 12th grade students of the Commonwealth, is
    17  designed for contestants to examine the Constitutions's basic
    18  ideas thoroughly and, through that understanding, become
    19  inspired to preserve it.
    20     (c)  Topic.--The essay contest topic shall be "What Makes the
    21  Bill of Rights Essential to Our United States Constitution?" The
    22  essay shall not exceed a total of 1,500 words.
    23     (d)  Period of contest.--The essay contest shall span a
    24  period from March 2 to June 1, 1987, with first, second and
    25  third place contest winners chosen by October 1, 1987, by the
    26  Legislative Bicentennial Subcommittee. Each of the 29
    27  intermediate units shall choose two finalists from its unit. All
    28  entries shall be submitted to the Legislative Bicentennial
    29  Subcommittee postmarked no later than June 30, 1987.
    30     (e)  Award for first place winner.--The essay contest's first
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     1  place winner shall receive a cash award, an expense-paid trip to
     2  Harrisburg, and the opportunity to read the winning essay at the
     3  reenactment of the Pennsylvania Ratification Convention in
     4  December.
     5     (f)  Awards for second and third place winners.--The second
     6  and third place contest winners shall receive lesser cash
     7  awards, as well as expense-paid trips to the reenactment of the
     8  Pennsylvania Ratification Convention.
     9     (g)  Dissemination of rules and information.--Upon passage of
    10  this act, complete essay contest rules and information shall be
    11  sent to the 29 Pennsylvania intermediate units by the
    12  Legislative Bicentennial Subcommittee.
    13  SECTION 7.  DEFINITIONS.                                          <--
    14     FOR PURPOSES OF THIS ACT:
    15         (1)  THE TERM "INTERMEDIATE UNIT" MEANS A GEOGRAPHIC UNIT
    16     AS DESCRIBED IN SECTION 902-A OF THE ACT OF MARCH 10, 1949
    17     (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949.
    18         (2)  THE TERM "INTERMEDIATE UNIT STUDENTS" MEANS ALL
    19     STUDENTS ENROLLED IN THE 9TH THROUGH 12TH GRADES AT PUBLIC
    20     AND NONPUBLIC SCHOOLS FOR THAT PARTICULAR INTERMEDIATE UNIT
    21     AREA.
    22  Section 7 8.  Termination.                                        <--
    23     The Legislative Bicentennial Subcommittee shall terminate on
    24  December 31, 1989.
    25  Section 8 9.  Appropriation.                                      <--
    26     The unexpended balance of all sums appropriated to the
    27  Capitol Preservation Committee for the purpose of the
    28  legislative celebration of the Bicentennial, or as much thereof
    29  as may be necessary, is hereby transferred to the Legislative
    30  Bicentennial Subcommittee to carry out the provisions of this
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     1  act. In addition, all moneys received from any other sources as
     2  contributions to this program shall be paid into the General
     3  Fund and credited to this appropriation. Funds unencumbered and
     4  unexpended as of December 31, 1989, shall lapse into the General
     5  Fund.
     6  Section 9 10.  Effective date.                                    <--
     7     This act shall take effect immediately.
















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