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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY CURRY, B. BOYLE, BRENNAN, BRIGGS, CALTAGIRONE, CARROLL, DeLUCA, DeWEESE, FLECK, GALLOWAY, GOODMAN, HORNAMAN, JOSEPHS, LONGIETTI, M. O'BRIEN, PASHINSKI, SANTARSIERO, K. SMITH, SWANGER AND WAGNER, JANUARY 26, 2011 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 26, 2011 |
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| AN ACT |
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1 | Providing for legislative and congressional reapportionment. |
2 | The General Assembly of the Commonwealth of Pennsylvania |
3 | hereby enacts as follows: |
4 | Section 1. Reapportionment Commission. |
5 | (a) General rule.--In each year following the Federal |
6 | decennial census, a Reapportionment Commission shall be |
7 | constituted for the purpose of reapportioning the districts of |
8 | the Senate and the House of Representatives of the General |
9 | Assembly and the districts apportioned to the Commonwealth in |
10 | the House of Representatives of the United States Congress. |
11 | Unless otherwise directed by court order, legislative and |
12 | congressional reapportionment shall only be permitted once in |
13 | the decade following the Federal decennial census. |
14 | (b) Membership.--The commission shall consist of such |
15 | members as prescribed by section 17 of Article II of the |
16 | Constitution of Pennsylvania. |
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1 | (c) Division of voting precincts.-- |
2 | (1) The commission may not divide any voting precinct |
3 | that forms a single polygon in drafting any reapportionment |
4 | plan. The commission may not divide any county, city, |
5 | township, borough or incorporated town unless absolutely |
6 | necessary. |
7 | (2) In finding that a division is necessary, the |
8 | commission must file said findings in an addendum to each |
9 | plan adopted by the commission. The appropriate addendum must |
10 | be submitted to the General Assembly and the Supreme Court |
11 | along with each reapportionment plan under the provisions of |
12 | this section. |
13 | (3) The commission shall make an effort to ensure that |
14 | each district is as compact in area as practicable. |
15 | (d) Preliminary reapportionment plan.-- |
16 | (1) No later than 60 days after either the commission |
17 | has been duly certified or usable population data for the |
18 | Commonwealth is available, whichever is later, the commission |
19 | shall file a preliminary reapportionment plan for the General |
20 | Assembly with such elections officer. |
21 | (2) A public comment period of 30 days shall commence |
22 | with the filing of the preliminary plan. The commission shall |
23 | conduct public hearings during the public comment period. |
24 | (e) Revised reapportionment plan.--The commission shall have |
25 | 30 days after the date of the expiration of the public comment |
26 | period to prepare and adopt a revised reapportionment plan for |
27 | both Houses of the General Assembly, which shall become the |
28 | final plan. |
29 | (f) Appeal from final plans.--Any aggrieved person may file |
30 | an appeal from the final plan under subsection (e) directly to |
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1 | the Supreme Court within 30 days after the filing of the final |
2 | plan. If the appellant establishes that the final plan is |
3 | contrary to law, the Supreme Court shall issue an order |
4 | remanding the plan to the commission and directing the |
5 | commission to reapportion the Commonwealth in a manner not |
6 | inconsistent with such order. The commission shall submit the |
7 | reapportionment plan to the Supreme Court within 30 days. |
8 | (g) Funding.--The General Assembly shall appropriate |
9 | sufficient funds for the compensation and expenses of members |
10 | and staff appointed by the commission and other necessary |
11 | expenses. The members of the commission who are not elected |
12 | members of the General Assembly shall be entitled to such |
13 | compensation for their services as the General Assembly from |
14 | time to time shall determine, but no part thereof shall be paid |
15 | until a preliminary legislative reapportionment plan is filed. |
16 | If a preliminary plan is filed but the commission fails to file |
17 | a revised or a final plan within the time prescribed, the |
18 | commission members shall forfeit all right to compensation not |
19 | paid. |
20 | (h) Reapportionment by court.--If a preliminary or final |
21 | legislative reapportionment plan is not filed by the commission |
22 | within the time prescribed by this section, unless the time is |
23 | extended by the Supreme Court for cause shown, the Supreme Court |
24 | shall immediately proceed on its own motion to reapportion this |
25 | Commonwealth. |
26 | (i) Publication.--Any reapportionment plan filed by the |
27 | commission or ordered by the Supreme Court upon failure of the |
28 | commission to act shall be published by the elections officer |
29 | once in at least one newspaper of general circulation in each |
30 | senatorial and representative district. The publication shall |
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1 | contain a map of the Commonwealth showing the complete |
2 | reapportionment of the General Assembly by districts and a map |
3 | showing the reapportionment districts in the area normally |
4 | served by the newspaper in which the publication is made. The |
5 | publication shall also state the population of the senatorial |
6 | and representative districts having the smallest and largest |
7 | population and the percentage variation of such districts from |
8 | the average population for senatorial and representative |
9 | districts. |
10 | (j) Preliminary congressional reapportionment plan.-- |
11 | (1) No later than 20 days after the final legislative |
12 | reapportionment plan has been approved by the Supreme Court, |
13 | the commission shall file a preliminary reapportionment plan |
14 | for representatives in the Congress of the United States with |
15 | the chief elections officer of the Commonwealth. |
16 | (2) A public comment period of 30 days shall commence |
17 | with the filing of the preliminary congressional plan. The |
18 | commission shall conduct public hearings during the public |
19 | comment period. |
20 | (k) Final congressional reapportionment plan.--The |
21 | commission shall have 20 days after the date of the expiration |
22 | of the public comment period to prepare and adopt a final |
23 | congressional reapportionment plan for representatives in the |
24 | Congress of the United States. |
25 | (l) Appeal of congressional reapportionment plan.--Any |
26 | aggrieved person may file an appeal from the final plan under |
27 | subsection (k) directly to the Supreme Court within 30 days |
28 | after the filing of the final plan. If the appellant establishes |
29 | that the final plan is contrary to law, the Supreme Court shall |
30 | issue an order remanding the plan to the commission and |
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1 | directing the commission to reapportion the Commonwealth in a |
2 | manner not inconsistent with such order. The commission shall |
3 | submit the reapportionment plan to the Supreme Court within 15 |
4 | days. |
5 | (m) Congressional reapportionment by court.--If a |
6 | preliminary or final congressional reapportionment plan is not |
7 | filed by the commission within the time prescribed by this |
8 | section, unless the time is extended by the Supreme Court for |
9 | cause shown, the Supreme Court shall immediately proceed on its |
10 | own motion to reapportion the congressional districts of the |
11 | Commonwealth. |
12 | (n) Publication of congressional reapportionment plan.--Any |
13 | congressional reapportionment plan filed by the commission or |
14 | ordered by the Supreme Court upon failure of the commission to |
15 | act shall be published by the elections officer once in at least |
16 | one newspaper of general circulation in each congressional |
17 | district. The publication shall contain a map of the |
18 | Commonwealth showing the complete reapportionment of the |
19 | congressional districts and a map showing the reapportioned |
20 | districts in the area normally served by the newspaper in which |
21 | the publication is made. The publication shall also state the |
22 | population of the congressional districts having the smallest |
23 | and largest population and the percentage variation of such |
24 | districts from the average population for congressional |
25 | districts. |
26 | (o) New senatorial districts.--In the event an entirely new |
27 | senatorial district or districts are formed and such district or |
28 | districts would not normally be electing a member of the Senate |
29 | in the following general election, said district or districts |
30 | shall initially elect a senator for a term of two years in said |
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1 | general election. Such district or districts shall thereafter |
2 | elect a senator for a term of four years. No member of the |
3 | Senate shall continue to serve in office after another member of |
4 | the Senate begins the term of service on the first day of |
5 | December next after the election representing the district or |
6 | districts. |
7 | (p) Establishment of districts.-- |
8 | (1) Congressional districts shall each have a population |
9 | as nearly equal as practicable. |
10 | (2) Legislative districts shall be established on the |
11 | basis of population. In no case shall the deviation of the |
12 | overall range of population of the most populous district |
13 | from the least populous district be greater than 8% of the |
14 | average district population for each House. |
15 | (q) Citizen plans.--Any citizen of the Commonwealth may |
16 | submit a plan or plans for any or all districts of the General |
17 | Assembly or for representatives of the Congress of the United |
18 | States from this Commonwealth, or for both, to the |
19 | Reapportionment Commission. |
20 | Section 2. Effective date. |
21 | This act shall take effect in 60 days. |
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