1Proposing an amendment to the Constitution of the Commonwealth
2of Pennsylvania, further providing for the designation of
3legislative and congressional districts within this
4Commonwealth.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby resolves as follows:

7Section 1.  The following amendment to the Constitution of
8Pennsylvania is proposed in accordance with Article XI:

9That section 17 of Article II be amended to read:

10§ 17.  Legislative [Reapportionment] Redistricting Commission.

11(a)  In each year following the year of the Federal decennial
12census, a Legislative [Reapportionment] Redistricting Commission
13shall be constituted for the purpose of [reapportioning the
14Commonwealth. The commission shall act by a majority of its
15entire membership.] redistricting the districts of the Senate 
16and House of Representatives of the General Assembly and the 
17districts apportioned to the Commonwealth in the House of 
18Representatives of the United States Congress.

1[(b)  The commission shall consist of five members: four of
2whom shall be the majority and minority leaders of both the
3Senate and the House of Representatives, or deputies appointed
4by each of them, and a chairman selected as hereinafter
5provided. No later than 60 days following the official reporting
6of the Federal decennial census as required by Federal law, the
7four members shall be certified by the President pro tempore of
8the Senate and the Speaker of the House of Representatives to
9the elections officer of the Commonwealth who under law shall
10have supervision over elections.

11The four members within 45 days after their certification
12shall select the fifth member, who shall serve as chairman of
13the commission, and shall immediately certify his name to such
14elections officer. The chairman shall be a citizen of the
15Commonwealth other than a local, State or Federal official
16holding an office to which compensation is attached.

17If the four members fail to select the fifth member within
18the time prescribed, a majority of the entire membership of the
19Supreme Court within 30 days thereafter shall appoint the
20chairman as aforesaid and certify his appointment to such
21elections officer.]

22(b.1)  The following shall apply to the commission:

23(1)  The commission shall consist of the following members:

24(i)  Eight legislative appointees. The majority and minority
25leaders of the Senate and the House of Representatives shall
26each appoint two commissioners under this subparagraph.

27(ii)  One commissioner chosen by at least six of the eight
28commissioners appointed under subparagraph (i). The commissioner
29chosen under this subparagraph shall serve as chairperson.

30(2)  Each commissioner shall be a citizen of this

1Commonwealth and may not hold a local, State or Federal office
2to which compensation is attached.

3(3)  A commissioner may not be a staff person of a local,
4State or Federal official holding an office to which
5compensation is attached.

6(4)  No later than 60 days following the official reporting
7of the Federal decennial census as required by Federal law, the
8eight members under paragraph (1)(i) shall be certified by the
9President pro tempore of the Senate and the Speaker of the House
10of Representatives to the Secretary of the Commonwealth.

11(5)  The eight members under paragraph (1)(i) must, within 45
12days after their certification, select the ninth member, who
13shall serve as chairman of the commission, and shall immediately
14certify his or her name to the Secretary of the Commonwealth.

15(6)  If at least six of the eight commissioners appointed
16under paragraph (1)(i) fail to select the ninth member within
17the time required under paragraph (5), a majority of the
18justices of the Supreme Court must, within 30 days after the
19time required under paragraph (5), appoint the chairman and
20certify his or her appointment to the Secretary of the
21Commonwealth.

22Any vacancy in the commission shall be filled within 15 days
23in the same manner in which such position was originally filled.

24(b.2)  Each meeting of the commission must be held in public
25and must comply with any law which applies to open meetings.

26(c)  No later than 90 days after [either the commission has 
27been duly certified or the population data for the Commonwealth 
28as determined by the Federal decennial census are available, 
29whichever is later in time,] the commission has certified that 
30the population data for this Commonwealth, as determined by the
 

1Federal decennial census, is available, the commission shall
2file a preliminary [reapportionment] redistricting plan that 
3includes both the legislative and Congressional districts with
4[such elections officer] the Secretary of the Commonwealth with 
5at least seven or more members voting in favor of the plan.

6The commission shall have 30 days after filing the
7preliminary plan to make corrections in the plan. During the 30-
8day period, the commission must hold at least two public 
9meetings for citizen input. These meetings shall be 
10geographically dispersed throughout this Commonwealth.

11Any person aggrieved by the preliminary plan shall have the
12same 30-day period to file exceptions with the commission in
13which case the commission shall have 30 days after the date the
14exceptions were filed to prepare and file with [such elections
15officer] the Secretary of the Commonwealth a revised
16[reapportionment] redistricting plan to be approved by at least 
17seven of the nine commission members. If no exceptions are filed
18within 30 days, or if filed and acted upon, the [commissions's]
19commission's plan shall be final and have the force of law.

20(d)  Any aggrieved person may file an appeal from the final
21plan directly to the Supreme Court within 30 days after the
22filing thereof. If the appellant establishes that the final plan
23is contrary to law, the Supreme Court shall issue an order
24remanding the plan to the commission and directing the
25commission to [reapportion] redistrict the Commonwealth in a
26manner not inconsistent with such order. A plan adopted after 
27remand must be approved by at least seven of the nine commission 
28members.

29(e)  When the Supreme Court has finally decided an appeal or
30when the last day for filing an appeal has passed with no appeal

1taken, the [reapportionment] redistricting plan shall have the
2force of law and the districts therein provided shall be used
3thereafter in elections to the General Assembly and Congress
4until the next [reapportionment] redistricting as required under
5this section 17.

6(f)  Any district which does not include the residence from
7which a member of the Senate was elected whether or not
8scheduled for election at the next general election shall elect
9a Senator at such election.

10(g)  The General Assembly shall appropriate sufficient funds
11for the compensation and expenses of members and staff appointed
12by the commission, and other necessary expenses. The members of
13the commission shall be entitled to such compensation for their
14services as the General Assembly from time to time shall
15determine, but no part thereof shall be paid until a preliminary
16plan is filed. If a preliminary plan is filed but the commission
17fails to file a revised or final plan within the time
18prescribed, the commission members shall forfeit all right to
19compensation not paid.

20(h)  If a preliminary, revised or final [reapportionment]
21redistricting plan is not filed by the commission within the
22time prescribed by this section, unless the time be extended by
23the Supreme Court for cause shown, the Supreme Court shall
24immediately proceed on its own motion to [reapportion]
25redistrict the Commonwealth.

26(i)  Any [reapportionment] redistricting plan filed by the
27commission, or ordered or prepared by the Supreme Court upon the
28failure of the commission to act, shall be published by the
29[elections officer] Secretary of the Commonwealth once in at
30least one newspaper of general circulation in each senatorial

1[and], representative and Congressional district. The
2publication shall contain a map of the Commonwealth showing the
3complete [reapportionment] redistricting of the General Assembly
4and Congress by districts, and a map showing the
5[reapportionment] redistricted districts in the area normally
6served by the newspaper in which the publication is made. The
7publication shall also state the population of the senatorial
8[and], representative and Congressional districts having the
9smallest and largest population and the percentage variation of
10such districts from the average population for senatorial [and],
11representative and Congressional districts.

12(j)  Redistricting of Congress and the General Assembly must
13be completed by the end of the calendar year following the
14Federal decennial census.

15Section 2.  (a)  Upon the first passage by the General
16Assembly of this proposed constitutional amendment, the
17Secretary of the Commonwealth shall proceed immediately to
18comply with the advertising requirements of section 1 of Article
19XI of the Constitution of Pennsylvania and shall transmit the
20required advertisements to two newspapers in every county in
21which such newspapers are published in sufficient time after
22passage of this proposed constitutional amendment.

23(b)  Upon the second passage by the General Assembly of this
24proposed constitutional amendment, the Secretary of the
25Commonwealth shall proceed immediately to comply with the
26advertising requirements of section 1 of Article XI of the
27Constitution of Pennsylvania and shall transmit the required
28advertisements to two newspapers in every county in which such
29newspapers are published in sufficient time after passage of
30this proposed constitutional amendment. The Secretary of the

1Commonwealth shall submit this proposed constitutional amendment
2to the qualified electors of this Commonwealth at the first
3primary, general or municipal election which meets the
4requirements of and is in conformance with section 1 of Article
5XI of the Constitution of Pennsylvania and which occurs at least
6three months after the proposed constitutional amendment is
7passed by the General Assembly.