Amendment 7472 to Senate Bill 22 P.N. 1780, Regular Session 2017-2018

S0022B1780A07472 MSP:CMD 06/11/18 #90 A07472

AMENDMENTS TO SENATE BILL NO. 22

Sponsor: SENATOR AUMENT

Printer's No. 1780

Amend Bill, page 1, lines 5 and 6, by striking out all of

line 5 and "OF PENNSYLVANIA, FURTHER PROVIDING" in line 6 and

inserting

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

Amend Bill, page 1, by inserting between lines 8 and 9

This resolution may be referred to as the "Fair Districts

Law."

Amend Bill, page 15, by inserting between lines 12 and 13

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

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

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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

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,

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.

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Amend Bill, page 15, line 13, by striking out "1" and

inserting

Amend Bill, page 15, line 13, by inserting after "FOLLOWING"

distinct

Amend Bill, page 15, line 16, by striking out "INDEPENDENT

LEGISLATIVE AND CONGRESSIONAL" and inserting

[Legislative] Independent

Amend Bill, page 15, line 20, by inserting a bracket before

"LEGISLATIVE"

Amend Bill, page 15, line 20, by inserting a bracket after

"LEGISLATIVE"

Amend Bill, page 15, line 20, by striking out "AND

CONGRESSIONAL"

Amend Bill, page 15, line 22, by inserting a bracket before

"COMMONWEALTH."

Amend Bill, page 15, line 22, by inserting after

"COMMONWEALTH"

] Commonwealth's congressional, senatorial, representative

and any other districts authorized under this Constitution

Amend Bill, page 20, line 10, by inserting a bracket before

"TO"

Amend Bill, page 20, line 10, by inserting a bracket after

"ASSEMBLY"

Amend Bill, page 21, lines 4 through 6, by striking out "FOR"

in line 4, all of line 5 and "SEPARATE CATEGORIES" in line 6 and

inserting

as provided under subsection (a) of this section

Amend Bill, page 21, lines 23 and 24, by striking out "AND

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REDISTRICTING"

Amend Bill, page 21, line 24, by inserting a bracket before

"OF"

Amend Bill, page 21, line 24, by inserting after "ASSEMBLY"

] and redistricting

Amend Bill, page 22, lines 2 through 24, by striking out all

of said lines and inserting

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

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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