Regular Session 2017-2018 Senate Bill 0022 P.N. 1865

PRIOR PASSAGE - NONE

PRIOR PRINTER'S NOS. 397, 1780

PRINTER'S NO. 1865

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

Session of

2017

INTRODUCED BY BOSCOLA, SCAVELLO, BROWNE, SCHWANK, BLAKE,

DINNIMAN, LEACH, WILLIAMS, YUDICHAK, HAYWOOD, FARNESE,

FONTANA, TOMLINSON, HUGHES, KILLION, ALLOWAY, McGARRIGLE,

RAFFERTY, TARTAGLIONE, BARTOLOTTA, STREET AND COSTA,

FEBRUARY 27, 2017

AS AMENDED ON THIRD CONSIDERATION, JUNE 12, 2018

A JOINT RESOLUTION

Proposing an amendment to the Constitution of the Commonwealth

of Pennsylvania, further providing PROPOSING INTEGRATED AND

DISTINCT AMENDMENTS TO THE CONSTITUTION OF THE COMMONWEALTH

OF PENNSYLVANIA, ORGANIZING THE JUDICIARY INTO REPRESENTATIVE

DISTRICTS AND FURTHER PROVIDING FOR RESIDENCY REQUIREMENTS

AND for the Legislative Reapportionment Commission for the

purpose of reapportioning and redistricting the Commonwealth

of Pennsylvania.

THIS RESOLUTION MAY BE REFERRED TO AS THE "FAIR DISTRICTS

LAW."

The General Assembly of the Commonwealth of Pennsylvania

hereby resolves as follows:

SECTION 1. THE FOLLOWING INTEGRATED AMENDMENTS TO THE

CONSTITUTION OF PENNSYLVANIA ARE PROPOSED IN ACCORDANCE WITH

ARTICLE XI:

(1) THAT SECTION 2 OF ARTICLE V BE AMENDED TO READ:

§ 2. SUPREME COURT.

THE SUPREME COURT (A) SHALL BE THE HIGHEST COURT OF THE

COMMONWEALTH AND IN THIS COURT SHALL BE REPOSED THE SUPREME

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JUDICIAL POWER OF THE COMMONWEALTH;

(B) SHALL CONSIST OF SEVEN JUSTICES, TO BE ELECTED FROM

SEVEN JUDICIAL DISTRICTS, ONE OF WHOM SHALL BE THE CHIEF

JUSTICE; AND

LAW.

(2) THAT SECTION 3 OF ARTICLE V BE AMENDED TO READ:

§ 3. SUPERIOR COURT.

THE SUPERIOR COURT SHALL BE A STATEWIDE COURT, AND SHALL

CONSIST OF THE NUMBER OF JUDGES, WHICH SHALL BE NOT LESS THAN

SEVEN JUDGES, TO BE ELECTED FROM JUDICIAL DISTRICTS, AND HAVE

SUCH JURISDICTION AS SHALL BE PROVIDED BY THIS CONSTITUTION OR

BY THE GENERAL ASSEMBLY. ONE OF ITS JUDGES SHALL BE THE

PRESIDENT JUDGE.

(3) THAT SECTION 4 OF ARTICLE V BE AMENDED TO READ:

§ 4. COMMONWEALTH COURT.

THE COMMONWEALTH COURT SHALL BE A STATEWIDE COURT, AND SHALL

CONSIST OF THE NUMBER OF JUDGES, TO BE ELECTED FROM JUDICIAL

DISTRICTS, AND HAVE SUCH JURISDICTION AS SHALL BE PROVIDED BY

LAW. ONE OF ITS JUDGES SHALL BE THE PRESIDENT JUDGE.

(4) THAT SECTION 11 OF ARTICLE V BE AMENDED TO READ:

§ 11. JUDICIAL DISTRICTS; BOUNDARIES.

[THE NUMBER AND BOUNDARIES OF JUDICIAL DISTRICTS SHALL BE

CHANGED BY THE GENERAL ASSEMBLY ONLY WITH THE ADVICE AND CONSENT

OF THE SUPREME COURT.]

(A) THE NUMBER OF JUDGES AND JUSTICES OF THE SUPREME COURT,

THE SUPERIOR COURT AND THE COMMONWEALTH COURT ELECTED FROM EACH

JUDICIAL DISTRICT SHALL PROVIDE EVERY RESIDENT OF THE

COMMONWEALTH WITH APPROXIMATELY EQUAL REPRESENTATION ON A COURT,

AND EACH JUDICIAL DISTRICT SHALL BE ESTABLISHED CONSISTENT WITH

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THE REQUIREMENTS FOR REAPPORTIONMENT AND REDISTRICTING OF

CONGRESSIONAL DISTRICTS.

(B) THE GENERAL ASSEMBLY SHALL, BY LAW, ESTABLISH:

(1) A TRANSITION TO AN APPELLATE COURT JUDICIARY ELECTED

FROM JUDICIAL DISTRICTS.

(2) THE EFFECT OF SET JUDICIAL DISTRICTS UPON ELIGIBILITY TO

SEEK RETENTION ELECTION, INCLUDING THAT, AFTER THE TIME THIS

AMENDMENT BECOMES EFFECTIVE, WHEN THE TERM OF A JUDGE OR JUSTICE

EXPIRES, THE JUDGE OR JUSTICE SHALL, NOTWITHSTANDING ANY OTHER

PROVISION OF THIS CONSTITUTION, STAND FOR ELECTION AND,

THEREAFTER, STAND FOR RETENTION ELECTION.

(3) THE ORDER IN WHICH JUDICIAL DISTRICTS SHALL ELECT

JUSTICES OF THE SUPREME COURT AND JUDGES OF THE SUPERIOR COURT

AND THE COMMONWEALTH COURT.

7(B), THE NUMBER AND BOUNDARIES OF ALL OTHER JUDICIAL DISTRICTS

SHALL BE ESTABLISHED BY THE GENERAL ASSEMBLY BY LAW, WITH THE

ADVICE AND CONSENT OF THE SUPREME COURT.

(5) THAT SECTION 12 OF ARTICLE V BE AMENDED TO READ:

§ 12. QUALIFICATIONS OF JUSTICES, JUDGES AND JUSTICES OF THE

PEACE.

(A) JUSTICES, JUDGES AND JUSTICES OF THE PEACE SHALL BE

CITIZENS OF THE COMMONWEALTH. JUSTICES AND JUDGES, EXCEPT THE

JUDGES OF THE TRAFFIC COURT IN THE CITY OF PHILADELPHIA, SHALL

BE MEMBERS OF THE BAR OF THE SUPREME COURT. JUSTICES [AND JUDGES

OF STATEWIDE COURTS, FOR A PERIOD OF ONE YEAR PRECEDING THEIR

ELECTION OR APPOINTMENT AND DURING THEIR CONTINUANCE IN OFFICE,

SHALL RESIDE WITHIN THE COMMONWEALTH. OTHER], JUDGES AND

JUSTICES OF THE PEACE, FOR A PERIOD OF ONE YEAR PRECEDING THEIR

ELECTION OR APPOINTMENT AND DURING THEIR CONTINUANCE IN OFFICE,

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SHALL RESIDE WITHIN THEIR RESPECTIVE DISTRICTS, EXCEPT AS

PROVIDED IN THIS ARTICLE FOR TEMPORARY ASSIGNMENTS.

(B) JUSTICES OF THE PEACE SHALL BE MEMBERS OF THE BAR OF THE

SUPREME COURT OR SHALL COMPLETE A COURSE OF TRAINING AND

INSTRUCTION IN THE DUTIES OF THEIR RESPECTIVE OFFICES AND PASS

AN EXAMINATION PRIOR TO ASSUMING OFFICE. SUCH COURSES AND

EXAMINATIONS SHALL BE AS PROVIDED BY LAW.

Section 1 2. The following DISTINCT amendment to the

Constitution of Pennsylvania is proposed in accordance with

Article XI:

That section 17 of Article II be amended to read:

§ 17. Independent Legislative and Congressional [LEGISLATIVE]

INDEPENDENT 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]

COMMONWEALTH'S CONGRESSIONAL, SENATORIAL, REPRESENTATIVE AND ANY

OTHER DISTRICTS AUTHORIZED UNDER THIS CONSTITUTION. 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 BEEN REGISTERED AS A

LOBBYIST, held elective or appointive public office at the

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Federal or State level or elective judicial office in this

Commonwealth , OR ANY POSITION OF PUBLIC SERVICE IN AID OR

SUPPORT OF SUCH A PERSON, 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.

(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 T HE House of

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Representatives shall each recommend two individuals from the

list of qualified applicants for approval by a two-thirds vote

of the House of Representatives.

(4) EACH INDIVIDUAL RECOMMENDED FOR APPOINTMENT SHALL HAVE

BEEN CONTINUOUSLY REGISTERED IN THIS COMMONWEALTH WITH THE SAME

POLITICAL PARTY, OR CONTINUOUSLY UNAFFILIATED WITH A POLITICAL

PARTY, IN THE THREE YEARS IMMEDIATELY PRECEDING THE DATE OF

APPOINTMENT TO THE COMMISSION.

(5) IN MAKING APPOINTMENTS TO THE COMMISSION, THE GENERAL

ASSEMBLY SHALL CONSIDER SUCH FACTORS AS DEEMED APPROPRIATE SO

THAT THE COMMISSION REASONABLY REFLECTS THE GEOGRAPHIC, GENDER

AND RACIAL DIVERSITY OF THIS COMMONWEALTH.

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

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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.

been duly certified or the population data for the Commonwealth

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) SENATORIAL DISTRICTS SHALL BE DRAWN WITH THE FEWEST

NUMBER OF DIVISIONS TO COUNTIES, MUNICIPALITIES AND WARDS WITHIN

THE MAXIMUM POPULATION DEVIATION PERMISSIBLE. A county may not

contain more senatorial districts than the number required by

the population plus one. THE COMMISSION SHALL PROVIDE A WRITTEN

EXPLANATION FOR EACH DIVISION.

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(2) REPRESENTATIVE DISTRICTS SHALL BE DRAWN WITH THE FEWEST

NUMBER OF DIVISIONS TO COUNTIES, MUNICIPALITIES AND WARDS WITHIN

THE MAXIMUM POPULATION DEVIATION PERMISSIBLE. A county may not

contain more representative districts than the number required

by the population plus two. THE COMMISSION SHALL PROVIDE A

WRITTEN EXPLANATION FOR EACH DIVISION.

(3) Districts CONGRESSIONAL DISTRICTS shall each have a

population as close to the applicable ideal district population

as possible WITHIN THE MAXIMUM POPULATION DEVIATION PERMISSIBLE

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. THE COMMISSION SHALL PROVIDE A WRITTEN

EXPLANATION FOR EACH DIVISION.

(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

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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

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. UPON RECEIPT OF AN APPEAL, THE SUPREME COURT

SHALL IMMEDIATELY DIRECT THE APPOINTMENT OF A SPECIAL MASTER.

THE SPECIAL MASTER SHALL HOLD A HEARING AND TAKE TESTIMONY ON

THE FINAL PLAN, AND RETURN THE RECORD AND A TRANSCRIPT OF THE

TESTIMONY TOGETHER WITH A REPORT AND RECOMMENDATIONS AS

PRESCRIBED BY GENERAL RULES OF PROCEDURE. 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.

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(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

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separate categories AS PROVIDED UNDER SUBSECTION (A) OF THIS

SECTION .

(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

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) IF THE GENERAL ASSEMBLY FAILS TO APPROVE THE MAPS UNDER

PARAGRAPH (3) BY DECEMBER 31 OF EACH YEAR ENDING IN ONE, THE

COMMISSION SHALL SUBMIT THE SAME SETS OF MAPS FOR EACH CATEGORY

TO THE SUPREME COURT, WHICH SHALL APPROVE ONE MAP SUBMITTED IN

EACH CATEGORY. UPON RECEIPT OF THE MAPS SUBMITTED UNDER THIS

PARAGRAPH, THE SUPREME COURT SHALL IMMEDIATELY DIRECT THE

APPOINTMENT OF A SPECIAL MASTER. THE SPECIAL MASTER SHALL HOLD A

HEARING AND TAKE TESTIMONY ON THE MAPS SUBMITTED BY THE GENERAL

ASSEMBLY AND RETURN THE RECORD AND A TRANSCRIPT OF THE TESTIMONY

TOGETHER WITH A REPORT AND RECOMMENDATIONS AS PRESCRIBED BY

GENERAL RULES OF PROCEDURE.

(4) (5) 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 OR SUPREME COURT 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

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reapportionment and redistricting [of the General Assembly] AND

REDISTRICTING 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

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three months after the proposed constitutional amendment is

passed by the General Assembly.

SECTION 3. (A) UPON THE FIRST PASSAGE BY THE GENERAL

ASSEMBLY OF THESE PROPOSED CONSTITUTIONAL AMENDMENTS, 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 THESE PROPOSED CONSTITUTIONAL AMENDMENTS.

(B) UPON THE SECOND PASSAGE BY THE GENERAL ASSEMBLY OF THESE

PROPOSED CONSTITUTIONAL AMENDMENTS, 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

THESE PROPOSED CONSTITUTIONAL AMENDMENTS. THE SECRETARY OF THE

COMMONWEALTH SHALL:

(1) SUBMIT THE PROPOSED CONSTITUTIONAL AMENDMENTS UNDER

SECTION 1 OF THIS RESOLUTION TO THE QUALIFIED ELECTORS OF

THIS COMMONWEALTH AS A SINGLE BALLOT QUESTION 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 AMENDMENTS ARE PASSED BY THE GENERAL ASSEMBLY.

(2) SUBMIT THE PROPOSED CONSTITUTIONAL AMENDMENT UNDER

SECTION 2 OF THIS RESOLUTION TO THE QUALIFIED ELECTORS OF

THIS COMMONWEALTH AT THE FIRST PRIMARY, GENERAL OR MUNICIPAL

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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 AMENDMENTS ARE PASSED BY THE

GENERAL ASSEMBLY.

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