PRINTER'S NO.  210

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

259

Session of

2011

  

  

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

  

  

REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 26, 2011  

  

  

  

AN ACT

  

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Providing for legislative and congressional reapportionment.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Reapportionment Commission.

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(a)  General rule.--In each year following the Federal

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decennial census, a Reapportionment Commission shall be

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constituted for the purpose of reapportioning the districts of

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the Senate and the House of Representatives of the General

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Assembly and the districts apportioned to the Commonwealth in

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the House of Representatives of the United States Congress.

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Unless otherwise directed by court order, legislative and

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congressional reapportionment shall only be permitted once in

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the decade following the Federal decennial census.

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(b)  Membership.--The commission shall consist of such

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members as prescribed by section 17 of Article II of the

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Constitution of Pennsylvania.

 


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(c)  Division of voting precincts.--

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(1)  The commission may not divide any voting precinct

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that forms a single polygon in drafting any reapportionment

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plan. The commission may not divide any county, city,

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township, borough or incorporated town unless absolutely

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necessary.

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(2)  In finding that a division is necessary, the

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commission must file said findings in an addendum to each

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plan adopted by the commission. The appropriate addendum must

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be submitted to the General Assembly and the Supreme Court

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along with each reapportionment plan under the provisions of

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this section.

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(3)  The commission shall make an effort to ensure that

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each district is as compact in area as practicable.

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(d)  Preliminary reapportionment plan.--

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(1)  No later than 60 days after either the commission

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has been duly certified or usable population data for the

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Commonwealth is available, whichever is later, the commission

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shall file a preliminary reapportionment plan for the General

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Assembly with such elections officer.

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(2)  A public comment period of 30 days shall commence

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with the filing of the preliminary plan. The commission shall

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conduct public hearings during the public comment period.

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(e)  Revised reapportionment plan.--The commission shall have

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30 days after the date of the expiration of the public comment

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period to prepare and adopt a revised reapportionment plan for

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both Houses of the General Assembly, which shall become the

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final plan.

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(f)  Appeal from final plans.--Any aggrieved person may file

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an appeal from the final plan under subsection (e) directly to

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the Supreme Court within 30 days after the filing of the final

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plan. If the appellant establishes that the final plan is

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contrary to law, the Supreme Court shall issue an order

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remanding the plan to the commission and directing the

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commission to reapportion the Commonwealth in a manner not

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inconsistent with such order. The commission shall submit the

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reapportionment plan to the Supreme Court within 30 days.

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(g)  Funding.--The General Assembly shall appropriate

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sufficient funds for the compensation and expenses of members

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and staff appointed by the commission and other necessary

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expenses. The members of the commission who are not elected

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members of the General Assembly shall be entitled to such

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compensation for their services as the General Assembly from

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time to time shall determine, but no part thereof shall be paid

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until a preliminary legislative reapportionment plan is filed.

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If a preliminary plan is filed but the commission fails to file

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a revised or a final plan within the time prescribed, the

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commission members shall forfeit all right to compensation not

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paid.

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(h)  Reapportionment by court.--If a preliminary or final

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legislative reapportionment plan is not filed by the commission

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within the time prescribed by this section, unless the time is

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extended by the Supreme Court for cause shown, the Supreme Court

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shall immediately proceed on its own motion to reapportion this

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Commonwealth.

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(i)  Publication.--Any reapportionment plan filed by the

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commission or ordered by the Supreme Court upon failure of the

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commission to act shall be published by the elections officer

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once in at least one newspaper of general circulation in each

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senatorial and representative district. The publication shall

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contain a map of the Commonwealth showing the complete

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reapportionment of the General Assembly by districts and a map

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showing the reapportionment districts in the area normally

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served by the newspaper in which the publication is made. The

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publication shall also state the population of the senatorial

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and representative districts having the smallest and largest

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population and the percentage variation of such districts from

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the average population for senatorial and representative

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districts.

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(j)  Preliminary congressional reapportionment plan.--

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(1)  No later than 20 days after the final legislative

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reapportionment plan has been approved by the Supreme Court,

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the commission shall file a preliminary reapportionment plan

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for representatives in the Congress of the United States with

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the chief elections officer of the Commonwealth.

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(2)  A public comment period of 30 days shall commence

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with the filing of the preliminary congressional plan. The

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commission shall conduct public hearings during the public

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comment period.

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(k)  Final congressional reapportionment plan.--The

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commission shall have 20 days after the date of the expiration

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of the public comment period to prepare and adopt a final

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congressional reapportionment plan for representatives in the

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Congress of the United States.

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(l)  Appeal of congressional reapportionment plan.--Any

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aggrieved person may file an appeal from the final plan under

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subsection (k) directly to the Supreme Court within 30 days

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after the filing of the final plan. If the appellant establishes

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that the final plan is contrary to law, the Supreme Court shall

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issue an order remanding the plan to the commission and

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directing the commission to reapportion the Commonwealth in a

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manner not inconsistent with such order. The commission shall

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submit the reapportionment plan to the Supreme Court within 15

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days.

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(m)  Congressional reapportionment by court.--If a

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preliminary or final congressional reapportionment plan is not

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filed by the commission within the time prescribed by this

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section, unless the time is extended by the Supreme Court for

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cause shown, the Supreme Court shall immediately proceed on its

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own motion to reapportion the congressional districts of the

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Commonwealth.

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(n)  Publication of congressional reapportionment plan.--Any

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congressional reapportionment plan filed by the commission or

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ordered by the Supreme Court upon failure of the commission to

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act shall be published by the elections officer once in at least

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one newspaper of general circulation in each congressional

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district. The publication shall contain a map of the

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Commonwealth showing the complete reapportionment of the

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congressional districts and a map showing the reapportioned

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districts in the area normally served by the newspaper in which

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the publication is made. The publication shall also state the

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population of the congressional districts having the smallest

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and largest population and the percentage variation of such

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districts from the average population for congressional

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districts.

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(o)  New senatorial districts.--In the event an entirely new

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senatorial district or districts are formed and such district or

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districts would not normally be electing a member of the Senate

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in the following general election, said district or districts

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shall initially elect a senator for a term of two years in said

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general election. Such district or districts shall thereafter

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elect a senator for a term of four years. No member of the

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Senate shall continue to serve in office after another member of

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the Senate begins the term of service on the first day of

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December next after the election representing the district or

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districts.

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(p)  Establishment of districts.--

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(1)  Congressional districts shall each have a population

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as nearly equal as practicable.

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(2)  Legislative districts shall be established on the

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basis of population. In no case shall the deviation of the

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overall range of population of the most populous district

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from the least populous district be greater than 8% of the

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average district population for each House.

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(q)  Citizen plans.--Any citizen of the Commonwealth may

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submit a plan or plans for any or all districts of the General

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Assembly or for representatives of the Congress of the United

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States from this Commonwealth, or for both, to the

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Reapportionment Commission.

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Section 2.  Effective date.

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This act shall take effect in 60 days.

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