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                              PRIOR PASSAGE - NONE
                                                      PRINTER'S NO. 4238

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2734 Session of 2008


        INTRODUCED BY CURRY, BENNINGHOFF, BIANCUCCI, CALTAGIRONE,
           CONKLIN, DePASQUALE, DeWEESE, HARPER, JOSEPHS, MANDERINO,
           McILVAINE SMITH, MELIO, MUNDY, MURT, M. O'BRIEN, RUBLEY,
           SIPTROTH AND WILLIAMS, AUGUST 5, 2008

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, AUGUST 5, 2008

                               A JOINT RESOLUTION

     1  Proposing integrated amendments to the Constitution of the
     2     Commonwealth of Pennsylvania, further providing for
     3     legislative and congressional reapportionment.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby resolves as follows:
     6     Section 1.  The following amendments to the Constitution of
     7  Pennsylvania are proposed in accordance with Article XI:
     8     (1)  That section 17 of Article II be repealed:
     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 the Commonwealth.
    13  The commission shall act by a majority of its entire membership.
    14     (b)  The commission shall consist of five members: four of
    15  whom shall be the majority and minority leaders of both the
    16  Senate and the House of Representatives, or deputies appointed
    17  by each of them, and a chairman selected as hereinafter

     1  provided. No later than 60 days following the official reporting
     2  of the Federal decennial census as required by Federal law, the
     3  four members shall be certified by the President pro tempore of
     4  the Senate and the Speaker of the House of Representatives to
     5  the elections officer of the Commonwealth who under law shall
     6  have supervision over elections.
     7     The four members within 45 days after their certification
     8  shall select the fifth member, who shall serve as chairman of
     9  the commission, and shall immediately certify his name to such
    10  elections officer. The chairman shall be a citizen of the
    11  Commonwealth other than a local, State or Federal official
    12  holding an office to which compensation is attached.
    13     If the four members fail to select the fifth member within
    14  the time prescribed, a majority of the entire membership of the
    15  Supreme Court within 30 days thereafter shall appoint the
    16  chairman as aforesaid and certify his appointment to such
    17  elections officer.
    18     Any vacancy in the commission shall be filled within 15 days
    19  in the same manner in which such position was originally filled.
    20     (c)  No later than 90 days after either the commission has
    21  been duly certified or the population data for the Commonwealth
    22  as determined by the Federal decennial census are available,
    23  whichever is later in time, the commission shall file a
    24  preliminary reapportionment plan with such elections officer.
    25     The commission shall have 30 days after filing the
    26  preliminary plan to make corrections in the plan.
    27     Any person aggrieved by the preliminary plan shall have the
    28  same 30-day period to file exceptions with the commission in
    29  which case the commission shall have 30 days after the date the
    30  exceptions were filed to prepare and file with such elections
    20080H2734B4238                  - 2 -     

     1  officer a revised reapportionment plan. If no exceptions are
     2  filed within 30 days, or if filed and acted upon, the
     3  commissions's plan shall be final and have the force of law.
     4     (d)  Any aggrieved person may file an appeal from the final
     5  plan directly to the Supreme Court within 30 days after the
     6  filing thereof. If the appellant establishes that the final plan
     7  is contrary to law, the Supreme Court shall issue an order
     8  remanding the plan to the commission and directing the
     9  commission to reapportion the Commonwealth in a manner not
    10  inconsistent with such order.
    11     (e)  When the Supreme Court has finally decided an appeal or
    12  when the last day for filing an appeal has passed with no appeal
    13  taken, the reapportionment plan shall have the force of law and
    14  the districts therein provided shall be used thereafter in
    15  elections to the General Assembly until the next reapportionment
    16  as required under this section 17.
    17     (f)  Any district which does not include the residence from
    18  which a member of the Senate was elected whether or not
    19  scheduled for election at the next general election shall elect
    20  a Senator at such election.
    21     (g)  The General Assembly shall appropriate sufficient funds
    22  for the compensation and expenses of members and staff appointed
    23  by the commission, and other necessary expenses. The members of
    24  the commission shall be entitled to such compensation for their
    25  services as the General Assembly from time to time shall
    26  determine, but no part thereof shall be paid until a preliminary
    27  plan is filed. If a preliminary plan is filed but the commission
    28  fails to file a revised or final plan within the time
    29  prescribed, the commission members shall forfeit all right to
    30  compensation not paid.
    20080H2734B4238                  - 3 -     

     1     (h)  If a preliminary, revised or final reapportionment plan
     2  is not filed by the commission within the time prescribed by
     3  this section, unless the time be extended by the Supreme Court
     4  for cause shown, the Supreme Court shall immediately proceed on
     5  its own motion to reapportion the Commonwealth.
     6     (i)  Any reapportionment plan filed by the commission, or
     7  ordered or prepared by the Supreme Court upon the failure of the
     8  commission to act, shall be published by the elections officer
     9  once in at least one newspaper of general circulation in each
    10  senatorial and representative district. The publication shall
    11  contain a map of the Commonwealth showing the complete
    12  reapportionment of the General Assembly by districts, and a map
    13  showing the reapportionment districts in the area normally
    14  served by the newspaper in which the publication is made. The
    15  publication shall also state the population of the senatorial
    16  and representative districts having the smallest and largest
    17  population and the percentage variation of such districts from
    18  the average population for senatorial and representative
    19  districts.]
    20     (2)  That Article II be amended by adding a section to read:
    21  § 18.  Reapportionment Commission.
    22     (a)  In each year following the Federal decennial census, a
    23  Reapportionment Commission shall be constituted for the purpose
    24  of reapportioning the districts of the Senate and the House of
    25  Representatives of the General Assembly and the districts
    26  apportioned to the Commonwealth in the House of Representatives
    27  of the United States Congress. Unless otherwise directed by
    28  court order, legislative and congressional reapportionment shall
    29  only be permitted once in the decade following the Federal
    30  decennial census.
    20080H2734B4238                  - 4 -     

     1     (b)  (1)  The commission shall consist of seven members: four
     2     of whom shall be the majority and minority leaders of the
     3     Senate and the House of Representatives of the General
     4     Assembly, or deputies appointed by each of them, and three
     5     members selected as provided in this subsection.
     6         (2)  The Supreme Court shall appoint three members of the
     7     commission, one of whom shall be appointed chairman by the
     8     court. The appointed members shall be registered voters
     9     within this Commonwealth for at least two years prior to
    10     appointment. The appointed members shall not hold an office
    11     of Federal, State or local government to which compensation
    12     is attached at the time of their appointment. The appointed
    13     commission members shall not have held a position within a
    14     political party for at least ten years prior to appointment.
    15         (3)  (i)  No later than 60 days following the official
    16         reporting of the Federal decennial census as required by
    17         Federal law, the four members of the commission shall be
    18         certified by the President pro tempore of the Senate and
    19         the Speaker of the House of Representatives to the
    20         elections officer of the Commonwealth who under law shall
    21         have supervision over elections.
    22             (ii)  The Supreme Court shall appoint three members
    23         of the commission, including the chairman, during the
    24         same 60-day period and shall certify the appointment to
    25         the elections officer of the Commonwealth.
    26         (4)  Any vacancy in the commission shall be filled within
    27     15 days in the same manner in which such position was
    28     originally filled.
    29     (c)  (1)  The commission may not divide any voting precinct
    30     that forms a single polygon in drafting any reapportionment
    20080H2734B4238                  - 5 -     

     1     plan. The commission may not divide any county, city,
     2     township, borough or incorporated town unless absolutely
     3     necessary.
     4         (2)  In finding that a division is necessary, the
     5     commission must file said findings in an addendum to each
     6     plan adopted by the commission. The appropriate addendum must
     7     be submitted to the General Assembly and the Supreme Court
     8     along with each reapportionment plan under the provisions of
     9     this section.
    10         (3)  The commission shall make an effort to ensure that
    11     each district is as compact in area as practicable.
    12     (d)  (1)  No later than 60 days after either the commission
    13     has been duly certified or usable population data for the
    14     Commonwealth is available, whichever is later, the commission
    15     shall file a preliminary reapportionment plan for the General
    16     Assembly with such elections officer.
    17         (2)  A public comment period of 30 days shall commence
    18     with the filing of the preliminary plan. The commission shall
    19     conduct public hearings during the public comment period.
    20     (e)  The commission shall have 30 days after the date of the
    21  expiration of the public comment period to prepare and adopt a
    22  revised reapportionment plan for both Houses of the General
    23  Assembly, which shall become the final plan.
    24     (f)  Any aggrieved person may file an appeal from the final
    25  plan under subsection (e) directly to the Supreme Court within
    26  30 days after the filing of the final plan. If the appellant
    27  establishes that the final plan is contrary to law, the Supreme
    28  Court shall issue an order remanding the plan to the commission
    29  and directing the commission to reapportion the Commonwealth in
    30  a manner not inconsistent with such order. The commission shall
    20080H2734B4238                  - 6 -     

     1  submit the reapportionment plan to the Supreme Court within 30
     2  days.
     3     (g)  The General Assembly shall appropriate sufficient funds
     4  for the compensation and expenses of members and staff appointed
     5  by the commission and other necessary expenses. The members of
     6  the commission who are not elected members of the General
     7  Assembly shall be entitled to such compensation for their
     8  services as the General Assembly from time to time shall
     9  determine, but no part thereof shall be paid until a preliminary
    10  legislative reapportionment plan is filed. If a preliminary plan
    11  is filed but the commission fails to file a revised or a final
    12  plan within the time prescribed, the commission members shall
    13  forfeit all right to compensation not paid.
    14     (h)  If a preliminary or final legislative reapportionment
    15  plan is not filed by the commission within the time prescribed
    16  by this section, unless the time is extended by the Supreme
    17  Court for cause shown, the Supreme Court shall immediately
    18  proceed on its own motion to reapportion this Commonwealth.
    19     (i)  Any reapportionment plan filed by the commission or
    20  ordered by the Supreme Court upon failure of the commission to
    21  act shall be published by the elections officer once in at least
    22  one newspaper of general circulation in each senatorial and
    23  representative district. The publication shall contain a map of
    24  the Commonwealth showing the complete reapportionment of the
    25  General Assembly by districts and a map showing the
    26  reapportionment districts in the area normally served by the
    27  newspaper in which the publication is made. The publication
    28  shall also state the population of the senatorial and
    29  representative districts having the smallest and largest
    30  population and the percentage variation of such districts from
    20080H2734B4238                  - 7 -     

     1  the average population for senatorial and representative
     2  districts.
     3     (j)  (1)  No later than 20 days after the final legislative
     4     reapportionment plan has been approved by the Supreme Court,
     5     the commission shall file a preliminary reapportionment plan
     6     for representatives in the Congress of the United States with
     7     the chief elections officer of the Commonwealth.
     8         (2)  A public comment period of 30 days shall commence
     9     with the filing of the preliminary congressional plan. The
    10     commission shall conduct public hearings during the public
    11     comment period.
    12     (k)  The commission shall have 20 days after the date of the
    13  expiration of the public comment period to prepare and adopt a
    14  final congressional reapportionment plan for representatives in
    15  the Congress of the United States.
    16     (l)  Any aggrieved person may file an appeal from the final
    17  plan under subsection (k) directly to the Supreme Court within
    18  30 days after the filing of the final plan. If the appellant
    19  establishes that the final plan is contrary to law, the Supreme
    20  Court shall issue an order remanding the plan to the commission
    21  and directing the commission to reapportion the Commonwealth in
    22  a manner not inconsistent with such order. The commission shall
    23  submit the reapportionment plan to the Supreme Court within 15
    24  days.
    25     (m)  If a preliminary or final congressional reapportionment
    26  plan is not filed by the commission within the time prescribed
    27  by this section, unless the time is extended by the Supreme
    28  Court for cause shown, the Supreme Court shall immediately
    29  proceed on its own motion to reapportion the congressional
    30  districts of the Commonwealth.
    20080H2734B4238                  - 8 -     

     1     (n)  Any congressional reapportionment plan filed by the
     2  commission or ordered by the Supreme Court upon failure of the
     3  commission to act shall be published by the elections officer
     4  once in at least one newspaper of general circulation in each
     5  congressional district. The publication shall contain a map of
     6  the Commonwealth showing the complete reapportionment of the
     7  congressional districts, and a map showing the reapportioned
     8  districts in the area normally served by the newspaper in which
     9  the publication is made. The publication shall also state the
    10  population of the congressional districts having the smallest
    11  and largest population and the percentage variation of such
    12  districts from the average population for congressional
    13  districts.
    14     (o)  In the event an entirely new senatorial district or
    15  districts are formed and such district or districts would not
    16  normally be electing a member of the Senate in the following
    17  general election, said district or districts shall initially
    18  elect a senator for a term of two years in said general
    19  election. Such district or districts shall thereafter elect a
    20  senator for a term of four years. No member of the Senate shall
    21  continue to serve in office after another member of the Senate
    22  begins the term of service on the first day of December next
    23  after the election representing the district or districts.
    24     (p)  (1)  Congressional districts shall each have a
    25     population as nearly equal as practicable.
    26         (2)  Legislative districts shall be established on the
    27     basis of population. In no case shall the deviation of the
    28     overall range of population of the most populous district
    29     from the least populous district be greater than 8% of the
    30     average district population for each House.
    20080H2734B4238                  - 9 -     

     1     (q)  Any citizen of the Commonwealth may submit a plan or
     2  plans for any or all districts of the General Assembly to the
     3  Reapportionment Commission.
     4     Section 2.  (a)  Upon the first passage by the General
     5  Assembly of these proposed constitutional amendments, the
     6  Secretary of the Commonwealth shall proceed immediately to
     7  comply with the advertising requirements of section 1 of Article
     8  XI of the Constitution of Pennsylvania and shall transmit the
     9  required advertisements to two newspapers in every county in
    10  which such newspapers are published in sufficient time after
    11  passage of these proposed constitutional amendments.
    12     (b)  Upon the second passage by the General Assembly of these
    13  proposed constitutional amendments, the Secretary of the
    14  Commonwealth shall proceed immediately to comply with the
    15  advertising requirements of section 1 of Article XI of the
    16  Constitution of Pennsylvania and shall transmit the required
    17  advertisements to two newspapers in every county in which such
    18  newspapers are published in sufficient time after passage of
    19  these proposed constitutional amendments. The Secretary of the
    20  Commonwealth shall:
    21         (1)  Submit the proposed constitutional amendments under
    22     section 1 to the qualified electors of this Commonwealth as a
    23     single ballot question at the first primary, general or
    24     municipal election which meets the requirements of and is in
    25     conformance with section 1 of Article XI of the Constitution
    26     of Pennsylvania and which occurs at least three months after
    27     the proposed constitutional amendments are passed by the
    28     General Assembly.
    29         (2)  Submit the proposed constitutional amendments under
    30     section 1 to the qualified electors of this Commonwealth as
    20080H2734B4238                 - 10 -     

     1     separate ballot questions at the first primary, general or
     2     municipal election which meets the requirements of and is in
     3     conformance with section 1 of Article XI of the Constitution
     4     of Pennsylvania and which occurs at least three months after
     5     the proposed constitutional amendments are passed by the
     6     General Assembly.
















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