THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY JOSEPHS, STURLA, BENNINGHOFF, CARROLL, DePASQUALE, FREEMAN, GIBBONS, REICHLEY, WAGNER, YOUNGBLOOD, HORNAMAN, CRUZ, GOODMAN, PAYTON, BRIGGS, B. BOYLE, CALTAGIRONE, WATERS, KAVULICH, FABRIZIO AND SANTARSIERO, FEBRUARY 4, 2011

REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 4, 2011  

AN ACT

Providing for legislative reapportionment and for openness and

fairness in the redistricting process.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Redistricting

Openness and Fairness Act.

Section 2.  Declaration of policy.

The General Assembly finds and declares as follows:

(1)  In our representative democracy, the people elect

their elected officials and entrust to them the complex task

of government.

(2)  In order for this process to work ideally, openness

and fairness in the redistricting process is essential, as

are efforts to educate, inform and engage the residents of

this Commonwealth about the matter.

(3)  Public participation must be encouraged to help

insure that redistricting plans be developed that provide an

equal opportunity for incumbents and challengers alike to

compete absent political favor to either.

Section 3. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Commission."  The Legislative Reapportionment Commission.

"Secretary."  The Secretary of State of the Commonwealth.

Section 4.  Preliminary plan.

(a)  Filing.--No later than 90 days after either the

commission has been duly certified or usable population data for

the Commonwealth is available, whichever is later in time, the

commission shall file a preliminary plan with the secretary.

(b)  Public comment.--A public comment period of 30 days

shall commence with the filing of the preliminary plan.

Section 5.  Final plan.

The commission shall have 30 days after the date of the

expiration of the public comment period to prepare and adopt a

revised reapportionment plan for both houses of the General

Assembly, which shall become the final plan. The final plan

shall be accompanied by an explanation of the revisions.

Section 6.  Commission failure to file.

If a preliminary or final plan is not filed by the commission

within the time prescribed by section 4 or 5, unless the time be

extended by the Supreme Court for cause shown, the Supreme Court

shall immediately proceed on its own motion to reapportion this

Commonwealth.

Section 7.  Appeals.

Any aggrieved person may file an appeal from the final plan

directly to the Supreme Court within 30 days after the filing of

the final plan. If the appellant establishes that the final plan

is contrary to law, the Supreme Court shall issue an order

remanding the final plan to the commission and directing the

commission to reapportion this Commonwealth in a manner not

inconsistent with the order.

Section 8.  Citizens plans.

(a)  General rule.--Any resident of this Commonwealth may

submit a reapportionment plan or plans for any or all districts

of the General Assembly to the commission. These plans shall be

considered by the commission.

(b)  Information to be made available.--The commission shall

make software and demographic data available on its Internet

website for use by residents of this Commonwealth to develop

plans.

Section 9.  Openness and solicitation of public input.

(a)  Meetings.--The commission shall meet at the call of the

chairman as necessary.

(b)  Public hearings.--Prior to the development of the

preliminary plan and again prior to the development of the final

plan:

(1)  The commission shall conduct five separate public

hearings.

(2)  Each hearing shall be held in a different geographic

region of this Commonwealth.

(c)  Open meetings.--The commission shall comply with 65

Pa.C.S. Ch. 7 (relating to open meetings) and the act of

February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

Communications between the commission or any member of the

commission and other persons concerning any redistricting plan

are to be in writing and made part of the public record.

(d)  Public testimony.--The commission shall hear public

testimony at all public hearings. A good faith effort shall be

made by the commission to hear from as many Commonwealth

residents as possible.

(e)  Written testimony.--The commission shall develop a

method of receiving written testimony, including all electronic

mail formats, such as e-mail and text mail, from members of the

public who cannot or choose not to testify in person. This

testimony shall be reviewed by members of the commission and

given consideration equal to consideration given to the

testimony of those who have appeared before the commission.

Section 10.  Dissemination of public information.

(a)  Internet website.--The commission shall establish an

Internet website for the purpose of the dissemination of

information. The information contained on the website shall

include:

(1)  All statistical and geographic data utilized in

drawing plans, including maps.

(2)  All written communications between the commission

and other persons concerning any redistricting plan.

(3)  The preliminary and final plan.

(4)  A detailed explanation of the differences between

the preliminary and final plan.

(5)  Citizen plans submitted to the commission.

(6)  Notice of public hearings held by the commission.

(7)  Notice of meetings of the commission.

(8)  Transcripts of testimony presented at public

hearings held by the commission.

(9)  Official minutes of meetings of the commission.

(10)  Contact information for the commission and its

members, including mailing addresses, telephone and facsimile

numbers and e-mail addresses, if available.

(b)  Software.--The Internet website shall also be used by

the commission to facilitate the use of redistricting software

that residents of this Commonwealth can utilize to develop

redistricting plans.

(c)  Publication.--Any reapportionment plan filed by the

commission, or ordered by the Supreme Court upon failure of the

commission to act, shall be published by the secretary once in

at least one newspaper of general circulation in each senatorial

and representative district. The publication shall contain a map

of this Commonwealth showing the complete reapportionment of the

General Assembly 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.

Section 11.  Appropriation.

The General Assembly shall appropriate sufficient funds for

the compensation and expenses of members and staff appointed by

the commission and other necessary expenses.

Section 12.  Reimbursement.

The members of the commission who are not elected members of

the General Assembly 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

legislative reapportionment plan is filed. If a preliminary plan

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

plan within the time prescribed, the commission members shall

forfeit all right to compensation not paid.

Section 13.  Severability.

The provisions of this act are severable. If any provision of

this act or its application to any person or circumstance is

held invalid, the invalidity shall not affect other provisions

or applications of this act which can be given effect without

the invalid provision or application.

Section 14.  Effective date.

This act shall take effect in 60 days.