PRIOR PASSAGE - NONE
                                                      PRINTER'S NO. 3250

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2503 Session of 1992


        INTRODUCED BY KUKOVICH, CAPPABIANCA, LEVDANSKY, BELARDI, LINTON,
           VAN HORNE, ITKIN, MIHALICH, MELIO, BELFANTI, STETLER,
           STABACK, BLAUM, BATTISTO, MUNDY, TIGUE, MAIALE, JOSEPHS,
           McHALE, HARPER, KOSINSKI, KRUSZEWSKI, FAIRCHILD, GEIST,
           HERMAN, LEE AND BUNT, MARCH 17, 1992

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 17, 1992

                               A JOINT RESOLUTION

     1  Proposing an amendment to the Constitution of the Commonwealth
     2     of Pennsylvania, providing for reapportionment of districts
     3     for the United States House of Representatives.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby resolves as follows:
     6     Section 1.  The following amendment to the Constitution of
     7  Pennsylvania is proposed in accordance with Article XI:
     8     That section 17 of Article II be amended to read:
     9  § 17.  [Legislative] Reapportionment Commission.
    10     (a)  In each year following the year of the Federal decennial
    11  census, a [Legislative] Reapportionment Commission shall be
    12  constituted for the purpose of reapportioning and redistricting
    13  the Commonwealth into Federal representative, State senatorial
    14  and State representative districts. The commission shall act by
    15  a majority of its entire membership.
    16     (b)  The commission shall consist of five members: four of


     1  whom shall be the majority and minority leaders of both the
     2  Senate and the House of Representatives, or deputies appointed
     3  by each of them, and a chairman selected as hereinafter
     4  provided. No later than [60] 30 days following the official
     5  reporting of the Federal decennial census as required by Federal
     6  law, the four members shall be certified by the President pro
     7  tempore of the Senate and the Speaker of the House of
     8  Representatives to the elections officer of the Commonwealth who
     9  under law shall have supervision over elections.
    10     The four members within [45] 30 days after their
    11  certification shall select the fifth member, who shall serve as
    12  chairman of the commission, and shall immediately certify his
    13  name to such elections officer. The chairman shall be a citizen
    14  of the Commonwealth other than a local, State or Federal
    15  official holding an office to which compensation is attached.
    16     If the four members fail to select the fifth member within
    17  the time prescribed, a majority of the entire membership of the
    18  Supreme Court within 30 days thereafter shall appoint the
    19  chairman as aforesaid and certify his appointment to such
    20  elections officer.
    21     Any vacancy in the commission shall be filled within 15 days
    22  in the same manner in which such position was originally filled.
    23     (c)  No later than 90 days after either the commission has
    24  been duly certified or the population data for the Commonwealth
    25  as determined by the Federal decennial census are available,
    26  whichever is later in time, the commission shall file a
    27  preliminary State reapportionment plan with such elections
    28  officer.
    29     The commission shall have 30 days after filing the
    30  preliminary State plan to make corrections in the plan.
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     1     Any person aggrieved by the preliminary State plan shall have
     2  the same 30-day period to file exceptions with the commission in
     3  which case the commission shall have 30 days after the date the
     4  exceptions were filed to prepare and file with such elections
     5  officer a revised State reapportionment plan. If no exceptions
     6  are filed within 30 days, or if filed and acted upon, the
     7  commissions's plan shall be final and have the force of law.
     8     (d)  Any aggrieved person may file an appeal from the final
     9  State plan directly to the Supreme Court within 30 days after
    10  the filing thereof. If the appellant establishes that the final
    11  State plan is contrary to law, the Supreme Court shall issue an
    12  order remanding the plan to the commission and directing the
    13  commission to reapportion the Commonwealth in a manner not
    14  inconsistent with such order.
    15     (e)  When the Supreme Court has finally decided an appeal or
    16  when the last day for filing an appeal has passed with no appeal
    17  taken, the State reapportionment plan shall have the force of
    18  law and the districts therein provided shall be used thereafter
    19  in elections to the General Assembly until the next
    20  reapportionment as required under this section 17.
    21     (f)  From the day the commission votes on the final State
    22  reapportionment plan, the commission shall have 20 days to file
    23  a preliminary Federal redistricting plan with such elections
    24  officer.
    25     The commission shall have 20 days after filing the
    26  preliminary Federal plan to make corrections in the plan.
    27     Any person aggrieved by the preliminary Federal plan shall
    28  have the same 20-day period to file exceptions with the
    29  commission in which case the commission shall have 20 days after
    30  the date the exceptions were filed to prepare and file with such
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     1  elections officer a revised Federal redistricting plan. If no
     2  exceptions are filed within 20 days, or, if filed and acted
     3  upon, the commission's plan shall be final and have the force of
     4  law.
     5     (g)  Any aggrieved person may file an appeal from the final
     6  Federal plan directly to the Supreme Court within 20 days after
     7  the filing thereof. If the appellant establishes that the final
     8  Federal plan is contrary to law, the Supreme Court shall issue
     9  an order remanding the plan to the commission and directing the
    10  commission to redistrict the Commonwealth in a manner not
    11  inconsistent with such order.
    12     (h)  When the Supreme Court has finally decided an appeal or
    13  when the last day for filing an appeal has passed with no appeal
    14  taken, the Federal redistricting plan shall have the force of
    15  law and the districts therein provided shall be used thereafter
    16  in elections to the United States House of Representatives until
    17  the next redistricting as required under this section 17.
    18     [(f)] (i)  The General Assembly shall appropriate sufficient
    19  funds for the compensation and expenses of members and staff
    20  appointed by the commission, and other necessary expenses. The
    21  members of the commission shall be entitled to such compensation
    22  for their services as the General Assembly from time to time
    23  shall determine, but no part thereof shall be paid until [a
    24  preliminary plan is] both preliminary plans are filed. If [a
    25  preliminary plan is filed but] the commission fails to file [a
    26  revised or final plan] plans within the time prescribed, the
    27  commission members shall forfeit all right to compensation not
    28  paid.
    29     [(g)  If a] (j)  If  preliminary, revised or final
    30  reapportionment [plan is] and redistricting plans are not filed
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     1  by the commission within the time prescribed by this section,
     2  unless the time be extended by the Supreme Court for cause
     3  shown, the Supreme Court shall immediately proceed on its own
     4  motion to reapportion and/or redistrict the Commonwealth.
     5     [(h)] (k)  Any reapportionment and/or redistricting plan
     6  filed by the commission, or ordered or prepared by the Supreme
     7  Court upon the failure of the commission to act, shall be
     8  published by the elections officer once in at least one
     9  newspaper of general circulation in each congressional
    10  representative, State senatorial and State representative
    11  district. The publication shall contain a map of the
    12  Commonwealth showing the complete redistricting or
    13  reapportionment of the United States House of Representatives
    14  and General Assembly by districts, and a map showing the
    15  redistricting or reapportionment districts in the area normally
    16  served by the newspaper in which the publication is made. The
    17  publication shall also state the population of the
    18  congressional, senatorial and representative districts having
    19  the smallest and largest population and the percentage variation
    20  of such districts from the average population for congressional,
    21  senatorial and representative districts.






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