S0022B0397A07149 NAD:JSL 05/18/18 #90 A07149
AMENDMENTS TO SENATE BILL NO. 22
Sponsor: SENATOR FOLMER
Printer's No. 397
Amend Bill, page 1, lines 1 through 4, by striking out all of
said lines and inserting
Proposing an amendment to the Constitution of the Commonwealth
of Pennsylvania, further providing for the Legislative
Reapportionment Commission for the purpose of reapportioning
and redistricting the Commonwealth of Pennsylvania.
Amend Bill, page 1, lines 7 through 18; pages 2 through 14,
lines 1 through 30; page 15, lines 1 through 9; by striking out
all of said lines on said pages and inserting
Section 1. The following amendment to the Constitution of
Pennsylvania is proposed in accordance with Article XI:
That section 17 of Article II be amended to read:
ยง 17. Independent Legislative and Congressional Reapportionment
and Redistricting Commission.
(a) In each year [following the year] of the Federal
decennial census, but not later than July 1, [a] an Independent
Legislative and Congressional Reapportionment and Redistricting
Commission shall be constituted for the purpose of
reapportioning and redistricting the Commonwealth. The
commission shall act by a majority of its entire membership.
(b) The commission shall consist of [five] 11 members[: four
of whom shall be the majority and minority leaders of both the
Senate and the House of Representatives, or deputies appointed
by each of them, and a chairman selected as hereinafter
provided.] and the General Assembly shall prescribe by law:
(1) The qualifications to serve as a member of the
commission, provided that no person who has held elective or
appointive public office at the Federal or State level or
elective judicial office in this Commonwealth in the five years
immediately preceding the date of appointment to the commission
shall be eligible for appointment.
(2) The manner by which the Secretary of the Commonwealth
shall provide for an open and transparent process to:
(i) Receive applications for appointment as a member of the
commission.
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(ii) Determine eligibility of applicants.
(iii) Ensure applicants to be considered by the General
Assembly reasonably reflect the geographic, gender and racial
diversity of this Commonwealth.
(3) Reasons for removing a member of the commission and the
manner by which vacancies shall be filled.
(4) The manner by which the Secretary of the Commonwealth
shall submit to the General Assembly a list of qualified
applicants by political party affiliation.
(b.1) Upon receipt of the list of qualified applicants from
the Secretary of the Commonwealth, members of the commission
shall be appointed as follows:
(1) The Governor shall recommend three individuals from the
list of qualified applicants who are not registered with either
of the two largest political parties in this Commonwealth based
upon registration for approval by a two-thirds vote of each
chamber.
(2) The Majority Leader and Minority Leader of the Senate
shall each recommend two individuals from the list of qualified
applicants for approval by a two-thirds vote of the Senate.
(3) The Majority Leader and Minority Leader of House of
Representatives shall each recommend two individuals from the
list of qualified applicants for approval by a two-thirds vote
of the House of Representatives.
No later than [60 days following the official reporting of
the Federal census as required by Federal law] July 1 in each
year of the Federal decennial census, the [four] members
approved under this section shall be certified by the President
pro tempore of the Senate and the Speaker of the House of
Representatives to the elections officer of the Commonwealth who
under law shall have supervision over elections.
[The four members within] Within 45 days after their
certification, the members shall select [the fifth member, who
shall serve as] a chairman of the commission.[, and shall
immediately certify his name to such elections officer. The
chairman shall be a citizen of the Commonwealth other than a
local, State or Federal official holding an office to which
compensation is attached.
If the four members fail to select the fifth member within
the time prescribed, a majority of the entire membership of the
Supreme Court within 30 days thereafter shall appoint the
chairman as aforesaid and certify his appointment to such
elections officer.
Any vacancy in the commission shall be filled within 15 days
in the same manner in which such position was originally
filled.] If the 11 members fail to select a chairman within the
time prescribed, the General Assembly, by a two-thirds vote of
each chamber, shall appoint the chairman of the commission
within 30 days.
(c) No later than 90 days after either the commission has
been duly certified or the population data for the Commonwealth
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as determined by the Federal census are available, whichever is
later in time, the commission shall file a preliminary
reapportionment and redistricting plan with such elections
officer[.] based upon Federal census data for each geographic
and political unit. The preliminary reapportionment and
redistricting plan must be approved by at least seven
affirmative votes that must include at least two votes of
members registered from each of the two largest political
parties in this Commonwealth based on registration and two votes
of members not registered with either of the two largest
political parties based upon registration. The commission shall
schedule and conduct at least six public hearings in different
geographic regions throughout this Commonwealth.
In addition to the requirements of section 16, the following
shall apply:
(1) A county may not contain more senatorial districts than
the number required by the population plus one.
(2) A county may not contain more representative districts
than the number required by the population plus two.
(3) Districts shall each have a population as close to the
applicable ideal district population as possible and shall be
composed of compact and contiguous territory and, unless
absolutely necessary, no county, city, incorporated town,
borough, township or ward shall be divided in forming
congressional districts.
(4) The boundaries of each district shall be a single non-
intersecting continuous line.
(5) In establishing districts, the commission shall not
consider the following data:
(i) Addresses of any individual.
(ii) Political affiliation of registered voters.
(iii) Previous election results, unless required by Federal
law.
(6) All meetings of the commission at which a quorum is
present held for the purpose of deliberating official business
or taking official action shall be conducted in an open forum
and in a manner by which the public may contemporaneously
observe the proceedings.
(7) Commission members and their employees and advisors
shall not communicate with or receive communications from any
other person about reapportionment or redistricting matters
unless during an open public meeting or under such exceptions as
the General Assembly may prescribe by law.
The commission shall have 30 days after filing the
preliminary plan and completing the six public hearings on the
plan to make corrections in the plan.
Any person aggrieved by the preliminary plan shall have the
same 30-day period to file exceptions with the commission in
which case the commission shall have 30 days after the date the
exceptions were filed to prepare and file with such elections
officer a revised reapportionment and redistricting plan. If no
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exceptions are filed within 30 days, or if filed and acted upon,
the commission's plan shall be final and have the force of law.
(c.1) The final reapportionment and redistricting plan must
be approved by at least seven affirmative votes that must
include at least two votes of members registered from each of
the two largest political parties in this Commonwealth based on
registration and two votes of members not registered with either
of the two largest political parties based upon registration.
(d) Any aggrieved person may file an appeal from the final
plan directly to the Supreme Court within 30 days after the
filing thereof. If the appellant establishes that the final plan
is contrary to law, the Supreme Court shall issue an order
remanding the plan to the commission and directing the
commission to reapportion and redistrict the Commonwealth in a
manner not inconsistent with such order.
(e) When the Supreme Court has finally decided an appeal or
when the last day for filing an appeal has passed with no appeal
taken, the reapportionment and redistricting plan shall have the
force of law and the districts therein provided shall be used
thereafter in elections to the General Assembly until the next
reapportionment and redistricting as required under this section
17.
(f) Any district which does not include the residence from
which a member of the Senate was elected whether or not
scheduled for election at the next general election shall elect
a Senator at such election.
(g) The General Assembly shall appropriate sufficient funds
for the compensation and expenses of members and staff appointed
by the commission, and other necessary expenses. The members of
the commission shall be entitled to such compensation for their
services as the General Assembly from time to time shall
determine, but no part thereof shall be paid until a preliminary
plan is filed. If a preliminary plan is filed but the commission
fails to file a revised or final plan within the time
prescribed, the commission members shall forfeit all right to
compensation not paid.
(h) If a preliminary, revised or final reapportionment and
redistricting plan is not filed by the commission [within the
time prescribed by this section unless the time be extended by
the Supreme Court for cause shown, the Supreme Court shall
immediately proceed on its own motion to reapportion the
Commonwealth.] by October 1 of each year ending in one, the
following shall apply:
(1) The commission shall consider proposed maps for
congressional, senatorial and representative districts as
separate categories.
(2) Not later than October 15 of each year ending in one,
the commission shall submit at least two, but not more than
three, maps in each category to the General Assembly. All maps
submitted to the General Assembly under this paragraph shall be
made available for review by the public for a period of not less
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than 10 days prior to any vote by the General Assembly.
(3) The General Assembly shall approve one map submitted in
each category by a two-thirds vote of each chamber.
(4) Any plan approved by the commission finally shall
supersede all previous plans.
(i) Any reapportionment and redistricting plan filed by the
commission, or [ordered or prepared] approved by the [Supreme
Court] General Assembly upon the failure of the commission to
act, shall be published by the elections officer once in at
least one newspaper of general circulation in each senatorial
and representative district. The publication shall contain a map
of the Commonwealth showing the complete reapportionment and
redistricting of the General Assembly by districts, and a map
showing the [reapportionment] reapportioned and redistricted
districts in the area normally served by the newspaper in which
the publication is made. The publication shall also state the
population of the senatorial and representative districts having
the smallest and largest population and the percentage variation
of such districts from the average population for senatorial and
representative districts.
Section 2. (a) Upon the first passage by the General
Assembly of this proposed constitutional amendment, the
Secretary of the Commonwealth shall proceed immediately to
comply with the advertising requirements of section 1 of Article
XI of the Constitution of Pennsylvania and shall transmit the
required advertisements to two newspapers in every county in
which such newspapers are published in sufficient time after
passage of this proposed constitutional amendment.
(b) Upon the second passage by the General Assembly of this
proposed constitutional amendment, the Secretary of the
Commonwealth shall proceed immediately to comply with the
advertising requirements of section 1 of Article XI of the
Constitution of Pennsylvania and shall transmit the required
advertisements to two newspapers in every county in which such
newspapers are published in sufficient time after passage of
this proposed constitutional amendment. The Secretary of the
Commonwealth shall submit this proposed constitutional amendment
to the qualified electors of this Commonwealth at the first
primary, general or municipal election which meets the
requirements of and is in conformance with section 1 of Article
XI of the Constitution of Pennsylvania and which occurs at least
three months after the proposed constitutional amendment is
passed by the General Assembly.
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See A07149 in
the context
of SB0022