PRINTER'S NO. 1077
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
924
Session of
2017
INTRODUCED BY DALEY, FREEMAN, DRISCOLL, SCHLOSSBERG, O'BRIEN,
KINSEY, DAVIS, McNEILL, SOLOMON, MURT, DEAN, RAVENSTAHL,
W. KELLER, ROZZI, TOOHIL, GILLEN, DEASY AND DeLUCA,
MARCH 22, 2017
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 22, 2017
AN ACT
Providing for legislative reapportionment and for the powers and
duties of the Legislative Reapportionment Commission.
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 Legislative
Reapportionment Openness and Fairness Act.
Section 2. Declaration of policy.
The General Assembly finds and declares as follows:
(1) In our representative democracy, the people elect
their elected officials and entrust to them the complex task
of government.
(2) In order for this process to work ideally, openness
and fairness in the legislative reapportionment process is
essential, as are efforts to educate, inform and engage the
residents of this Commonwealth about the matter.
(3) Public participation must be encouraged to help
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ensure that reapportionment plans provide an equal
opportunity for incumbents and challengers alike to compete
absent political favor to either.
Section 3. 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:
"Commission." The Legislative Reapportionment Commission.
"Secretary." The Secretary of State of the Commonwealth.
Section 4. Preliminary plan.
(a) Filing.--No later than 90 days after either the
commission has been duly certified or usable population data for
the Commonwealth is available, whichever is later in time, the
commission shall file a preliminary plan with the secretary.
(b) Public comment.--A public comment period of 30 days
shall commence with the filing of the preliminary plan.
Section 5. Final plan.
The commission shall, no later than 30 days after the date of
the expiration of the public comment period, prepare and adopt a
revised reapportionment plan for both houses of the General
Assembly, which shall become the final plan. The final plan
shall be accompanied by an explanation of the revisions.
Section 6. Commission failure to file.
If a preliminary or final plan is not filed by the commission
within the time prescribed by section 4 or 5, unless the time be
extended by the Supreme Court for cause shown, the Supreme Court
shall immediately proceed on its own motion to reapportion this
Commonwealth.
Section 7. Appeals.
An aggrieved person may file an appeal from the final plan
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directly to the Supreme Court within 30 days after the filing of
the final plan. If the appellant establishes that the final plan
is contrary to law, the Supreme Court shall issue an order
remanding the final plan to the commission and directing the
commission to reapportion this Commonwealth in a manner not
inconsistent with the order.
Section 8. Citizens plans.
(a) General rule.--A resident of this Commonwealth may
submit a reapportionment plan or plans for any or all districts
of the General Assembly to the commission. These plans shall be
considered by the commission.
(b) Information to be made available.--The commission shall
make software and demographic data available on its publicly
accessible Internet website for use by residents of this
Commonwealth to develop plans.
Section 9. Openness and solicitation of public input.
(a) Meetings.--The commission shall meet at the call of the
chairman as necessary.
(b) Public hearings.--Prior to the development of the
preliminary plan and again prior to the development of the final
plan:
(1) The commission shall conduct five separate public
hearings.
(2) Each hearing shall be held in a different geographic
region of this Commonwealth.
(c) Open meetings.--The commission shall comply with 65
Pa.C.S. Ch. 7 (relating to open meetings) and the act of
February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
Communications between the commission or a member of the
commission and other persons concerning a reapportionment plan
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shall be in writing and made part of the public record.
(d) Public testimony.--The commission shall hear public
testimony at all public hearings. A good faith effort shall be
made by the commission to hear from as many Commonwealth
residents as possible.
(e) Written testimony.--The commission shall develop a
method of receiving written testimony, including all electronic
mail formats, such as e-mail and text mail, from members of the
public who cannot or choose not to testify in person. The
testimony shall be reviewed by members of the commission and
given consideration equal to consideration given to the
testimony of those who have appeared before the commission.
Section 10. Dissemination of public information.
(a) Internet website.--The commission shall establish a
publicly accessible Internet website for the purpose of the
dissemination of information. The information contained on the
website shall include:
(1) All statistical and geographic data utilized in
drawing plans, including maps.
(2) All written communications between the commission
and other persons concerning a plan.
(3) The preliminary and final plan.
(4) A detailed explanation of the differences between
the preliminary and final plan.
(5) Citizen plans submitted to the commission.
(6) Notice of public hearings held by the commission.
(7) Notice of meetings of the commission.
(8) Transcripts of testimony presented at public
hearings held by the commission.
(9) Official minutes of meetings of the commission.
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(10) Contact information for the commission and its
members, including mailing addresses, telephone and facsimile
numbers and e-mail addresses, if available.
(b) Software.--The publicly accessible Internet website
shall also be used by the commission to facilitate the use of
redistricting software that residents of this Commonwealth can
utilize to develop plans.
(c) Publication.--A plan filed by the commission, or ordered
by the Supreme Court upon failure of the commission to act,
shall be published by the secretary once in at least one
newspaper of general circulation in each senatorial and
representative district. The publication shall contain a map of
this Commonwealth showing the complete reapportionment of the
General Assembly by districts and a map showing the
reapportionment 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 the districts from
the average population for senatorial and representative
districts.
Section 11. Funding.
The compensation and expenses of members and staff appointed
by the commission and other necessary expenses shall be paid
from appropriations or money available to the commission.
Section 12. Reimbursement.
The members of the commission who are not elected members of
the General Assembly shall be entitled to compensation for their
services as the General Assembly from time to time shall
determine, but no part thereof shall be paid until a preliminary
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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.
Section 13. Severability.
The provisions of this act are severable. If a provision of
this act or its application to a person or circumstance is held
invalid, the invalidity shall not affect other provisions or
applications of this act which can be given effect without the
invalid provision or application.
Section 14. Effective date.
This act shall take effect in 60 days.
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