THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY O'PAKE, FONTANA, STOUT, FOLMER, BROWNE, LOGAN, EARLL AND KASUNIC, JANUARY 29, 2009

REFERRED TO STATE GOVERNMENT, JANUARY 29, 2009  

A JOINT RESOLUTION

Proposing an amendment to the Constitution of the Commonwealth

of Pennsylvania, further providing for the Legislative

Reapportionment Commission.

The General Assembly of the Commonwealth of Pennsylvania

hereby resolves as follows:

Section 1.  The following amendment to the Constitution of

Pennsylvania is proposed in accordance with Article XI:

That section 17 of Article II be amended to read:

§ 17.  [Legislative] Decennial Reapportionment Commission.

(a)  In each year following the year of the Federal decennial

census, a [Legislative] Decennial Reapportionment Commission

shall be constituted for the purpose of reapportioning the

Commonwealth. The commission shall act by a majority of its

entire membership.

(b)  The commission shall consist of five 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. No later than 60 days following the official reporting

of the Federal decennial census as required by Federal law, the

four members 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 45 days after their certification

shall select the fifth member, who shall serve as 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

elections officer.

Any vacancy in the commission shall be filled within 15 days

in the same manner in which such position was originally filled.

(c)  No later than 90 days after either the commission has

been duly certified or the population data for the Commonwealth

as determined by the Federal decennial census are available,

whichever is later in time, the commission shall file a

preliminary reapportionment plan for districts in the Senate and

House of Representatives of the General Assembly and shall file

no later than 30 days thereafter a preliminary reapportionment

plan for districts in the United States Congress with such

elections officer.

The commission shall have 30 days after filing [the] of a 

preliminary plan to make corrections [in the plan] to it.

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 plan. If no exceptions are

filed within 30 days, or if filed and acted upon, the

commissions's plan shall be final and have the force of law.

(d)  Any aggrieved person may file an appeal from the final

plan directly to the Supreme Court within 30 days after the

filing thereof. 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 the Commonwealth in a manner not

inconsistent with such order.

(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 plan shall have the force of law and

the districts therein provided shall be used thereafter in

elections to the General Assembly and to Congress until the next

reapportionment 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 to which it relates is filed. If a preliminary plan is

filed but the commission fails to file a revised or final plan

with respect to it within the time prescribed, the commission

members shall forfeit all right to compensation not paid.

(h)  If a preliminary, revised or final reapportionment 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 with regard to

that plan.

(i)  Any reapportionment plan filed by the commission, or

ordered or prepared by the 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

reapportionment [of the General Assembly] proposed by that plan 

by districts, and a map showing the reapportionment 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 in the plan for districts in the

General Assembly and of congressional districts in the plan for

districts in Congress.

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

three months after the proposed constitutional amendment is

passed by the General Assembly.