THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BOSCOLA, BRUBAKER, WASHINGTON, FONTANA, FERLO, KITCHEN, LEACH, SOLOBAY, YUDICHAK, BREWSTER, FARNESE, BLAKE, BAKER, FOLMER AND EARLL, FEBRUARY 25, 2011

REFERRED TO STATE GOVERNMENT, FEBRUARY 25, 2011  

A JOINT RESOLUTION

Proposing an amendment to the Constitution of the Commonwealth

of Pennsylvania, providing for a Legislative and

Congressional Reapportionment Bureau for the purpose of

reapportioning and redistricting the Commonwealth of

Pennsylvania.

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 [Reapportionment Commission] and

Congressional Reapportionment Bureau.

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

census, a Legislative [Reapportionment Commission] and

Congressional Reapportionment Bureau shall be constituted for

the purpose of reapportioning the Commonwealth. The bureau shall

consist of a director and employees as are necessary to carry

out the responsibilities of reapportionment and redistricting. 

[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 with such elections officer.

The commission shall have 30 days after filing the

preliminary plan to make corrections in the plan.

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 until the next reapportionment

as required under this section 17.]

(b)  (1)  The bureau shall acquire appropriate information,

review and evaluate available facilities and develop programs

and procedures in preparation for drawing congressional and

legislative redistricting plans on the basis of each Federal

census.

(2)  By December 31 of each year ending in zero, the bureau

shall obtain from the United States Census Bureau information

regarding geographic and political units in this Commonwealth

for which Federal census population data has been gathered and

will be tabulated. The bureau shall use the data obtained to

prepare:

(i)  Necessary descriptions of geographic and political units

for which census data will be reported and which are suitable

for use as components of legislative districts.

(ii)  Maps of counties, cities and other geographic units

within this Commonwealth, which may be used to illustrate the

locations of legislative district boundaries proposed in plans

drawn in accordance with subsection (d).

(3)  As soon as possible after January 1 of each year ending

in one, the bureau shall obtain from the United States Census

Bureau the population data needed for legislative districting

that the Census Bureau is required to provide this Commonwealth

under 13 U.S.C. § 141 (relating to population and other census

information) and shall use that data to assign a population

figure based upon census data to each geographic or political

unit described pursuant to paragraph (2)(i). Upon completing

that task, the bureau shall begin the preparation of

congressional and legislative districting plans as required by

subsection (c).

(c)  (1)  Not later than April 1 of each year ending in one,

the bureau shall deliver to the Secretary of the Senate and the

Chief Clerk of the House of Representatives identical bills

embodying a plan of legislative and congressional districting

prepared in accordance with subsection (d). It is the intent of

this section that the General Assembly shall bring the bill to a

vote in either the Senate or the House of Representatives

expeditiously, but not less than seven days after the report of

the commission required by subsection (f) is received and made

available to the members of the General Assembly, under a

procedure or rule permitting no amendments except those of a

purely corrective nature. It is further the intent of this

section that, if the bill is approved by the first House in

which it is considered, it shall expeditiously be brought to a

vote in the second House under a similar procedure or rule.

(2)  If the bill embodying the plan submitted by the bureau

under paragraph (1) fails to be approved by a constitutional

majority in either the Senate or the House of Representatives,

the Secretary of the Senate or the Chief Clerk of the House of

Representatives, as the case may be, shall at once transmit to

the bureau information which the Senate or House of

Representatives may direct regarding reasons why the plan was

not approved. The bureau shall prepare a bill embodying a second

plan of legislative and congressional districting prepared in

accordance with subsection (d), taking into account the reasons

cited by the Senate or House of Representatives for its failure

to approve the plan insofar as it is possible to do so within

the requirements of subsection (d). If a second plan is required

under this subsection, the bill embodying it shall be delivered

to the Secretary of the Senate and the Chief Clerk of the House

of Representatives not later than May 1 of the year ending in

one or 14 days after the date of the vote by which the Senate or

the House of Representatives fails to approve the bill submitted

under paragraph (1), whichever date is later. It is the intent

of this section that, if it is necessary to submit a bill under

this subsection, the bill be brought to a vote not less than

seven days after the bill is printed and made available to the

members of the General Assembly, in the same manner as

prescribed for the bill required under paragraph (1).

(3)  If the bill embodying the plan submitted by the bureau

under paragraph (2) fails to be approved by a constitutional

majority in either the Senate or the House of Representatives,

the same procedure as prescribed by paragraph (2) shall be

followed. If a third plan is required under this subsection, the

bill embodying it shall be delivered to the Secretary of the

Senate and the Chief Clerk of the House of Representatives not

later than June 1 of the year ending in one or 14 days after the

date of the vote by which the Senate or the House of

Representatives fails to approve the bill submitted under

paragraph (2), whichever date is later. It is the intent of this

section that if it is necessary to submit a bill under this

subsection, the bill be brought to a vote within the same time

period after its delivery to the Secretary of the Senate and the

Chief Clerk of the House of Representatives as is prescribed for

the bill submitted under paragraph (2), but shall be subject to

amendment in the same manner as other bills.

(4)  Notwithstanding paragraphs (1), (2) and (3):

(i)  If population data from the Federal census which is

sufficient to permit preparation of a congressional districting

plan becomes available at an earlier time than the population

data needed to permit preparation of a legislative districting

plan in accordance with subsection (d), the bureau shall so

inform the presiding officers of the Senate and House of

Representatives. If the presiding officers so direct, the bureau

shall prepare a separate bill establishing congressional

districts and submit it separately from the bill establishing

legislative districts. It is the intent of this section that the

General Assembly shall proceed to consider the congressional

districting bill in substantially the manner prescribed by

paragraphs (1), (2) and (3).

(ii)  If the population data for legislative districting

which the United States Census Bureau is required to provide

this Commonwealth under 13 U.S.C. § 141 is not available to the

Legislative and Congressional Reapportionment Bureau on or

before February 1 of the year ending in one, the dates set forth

in this section shall be extended by a number of days equal to

the number of days after February 1 of the year ending in one

that the Federal census population data for legislative

districting becomes available.

(d)  (1)  Legislative and congressional districts shall be

established on the basis of population.

(i)  Senatorial and representative districts, respectively,

shall each have a population as nearly equal as practicable to

the ideal population for such districts, determined by dividing

the number of districts to be established into the population of

this Commonwealth reported in the Federal decennial census.

Senatorial districts and representative districts shall not vary

in population from the respective ideal district populations

except as necessary to comply with one of the other standards

enumerated in this section. In no case shall the quotient,

obtained by dividing the total of the absolute values of the

deviations of all district populations from the applicable ideal

district population by the number of districts established,

exceed 2.5% of the applicable ideal district population. No

senatorial district shall have a population which exceeds that

of any other senatorial district by more than 5%, and no

representative district shall have a population which exceeds

that of any other representative district by more than 5%.

(ii)  Congressional districts shall each have a population as

nearly equal as practicable to the ideal district population,

derived as prescribed in subparagraph (i). No congressional

district shall have a population which varies by more than 2.5%

from the applicable ideal district population.

(iii)  If a challenge is filed with the Supreme Court

alleging excessive population variance among districts

established in a plan adopted by the General Assembly, the

General Assembly has the burden of justifying any variance in

excess of 2.5% between the population of a district and the

applicable ideal district population.

(2)  To the extent consistent with paragraph (1), district

boundaries shall coincide with the boundaries of political

subdivisions of this Commonwealth. The number of counties and

cities divided among more than one district shall be as small as

possible. When there is a choice between dividing local

political subdivisions, the more populous subdivisions shall be

divided before the less populous, but this statement does not

apply to a legislative district boundary drawn along a county

line which passes through a city that lies in more than one

county.

(3)  Districts shall be composed of convenient contiguous

territory. Areas which meet only at the points of adjoining

corners are not contiguous.

(4)  It is preferable that districts be compact in form, but

the standards established by paragraphs (1), (2) and (3) take

precedence over compactness where a conflict arises between

compactness and these standards. In general, compact districts

are those which are square, rectangular or hexagonal in shape to

the extent permitted by natural or political boundaries.

(5)  Districts should represent communities of interest as

reflected by common economic patterns of production and

consumption, school district boundaries, cultural activities,

self-identification, media coverage and other relevant

demographic information.

(6)  However, no district shall be drawn for the purpose of

favoring a political party, incumbent legislator or member of

Congress or other person or group. In establishing districts, no

use shall be made of any of the following data:

(i)  Addresses of incumbent legislators or members of

Congress.

(ii)  Political affiliations of registered voters.

(iii)  Previous election results.

(7)  Each bill embodying a plan drawn under this section

shall provide that any vacancy in the General Assembly which

takes office in the year ending in one, occurring at a time

which makes it necessary to fill the vacancy at a special

election held under section 629 of the act of June 3, 1937

(P.L.1333, No.320), known as the Pennsylvania Election Code,

shall be filled from the same district which elected the senator

or representative whose seat is vacant.

(8)  Each bill embodying a plan drawn under this section

shall include provisions for election of senators to the General

Assemblies which take office in the years ending in three and

five, which shall be in conformity with section 16 of this

article.

(e)  (1)  Not later than February 15 of each year ending in

one, a five-member temporary redistricting advisory commission

shall be established as provided by this section. The

commission's only functions shall be those prescribed by

subsection (f).

(i)  Each of the four selecting authorities shall certify to

the chief election officer his appointment of a person to serve

on the commission. The certifications may be made at any time

after the four selecting authorities have been selected for the

General Assembly to take office in the year ending in one, even

though the terms of office of the selecting authorities have not

actually begun.

(ii)  Within 30 days after the four selecting authorities

have certified their respective appointments to the commission,

but in no event later than February 15 of the year ending in

one, the four commission members so appointed shall select, by a

vote of at least three members, and certify to the chief

election officer the fifth commission member who shall serve as

chairperson.

(iii)  A vacancy on the commission shall be filled by the

initial selecting authority within 15 days after the vacancy

occurs.

(iv)  Members of the commission shall receive per diem travel

expenses and reimbursement for other necessary expenses incurred

in performing their duties under this section.

(2)  No person shall be appointed to the commission who:

(i)  Is not an eligible elector of this Commonwealth at the

time of selection.

(ii)  Holds partisan public office or political party office.

(iii)  Is a relative of or is employed by a member of the

General Assembly or of Congress or is employed directly by the

General Assembly or by Congress.

(f)  The functions of the commission shall be as follows:

(1)  If, in preparation of plans as required by this section,

the bureau is confronted with the necessity to make any decision

for which no clearly applicable guideline is provided by

subsection (d), the bureau may submit a written request for

direction to the commission.

(2)  Prior to delivering any plan and the bill embodying that

plan to the Secretary of the Senate and the Chief Clerk of the

House of Representatives in accordance with subsection (c), the

bureau shall provide to persons outside the bureau staff only

such information regarding the plan as may be required by

policies agreed upon by the commission. This paragraph does not

apply to population data furnished to the bureau by the United

States Census Bureau.

(3)  Upon each delivery by the bureau to the General Assembly

of a bill embodying a plan, pursuant to subsection (c), the

commission shall at the earliest feasible time make available to

the public the following information:

(i)  Copies of the bill delivered by the bureau to the

General Assembly.

(ii)  Maps illustrating the plan.

(iii)  A summary of the standards prescribed by subsection

(d) for development of the plan.

(iv)  A statement of the population of each district included

in the plan and the relative deviation of each district

population from the ideal district population.

(4)  Upon the delivery by the bureau to the General Assembly

of a bill embodying an initial plan, as required by subsection

(c)(1), the commission shall:

(i)  As expeditiously as reasonably possible, schedule and

conduct at least three public hearings, in different geographic

regions of this Commonwealth, on the plan embodied in the bill

delivered by the bureau to the General Assembly.

(ii)  Following the hearings, promptly prepare and submit to

the Secretary of the Senate and the Chief Clerk of the House of

Representatives a report summarizing information and testimony

received by the commission in the course of the hearings. The

commission's report shall include any comments and conclusions

which its members deem appropriate on the information and

testimony received at the hearings or otherwise presented to the

commission.

[(f)] (g)  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 is filed. If a preliminary plan is filed but the commission

fails to file a revised or final plan 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.

(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 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.]

(h)  All positions in the bureau shall be deemed to be

included in the list of positions set forth in section 3(d) of

the act of August 5, 1941 (P.L.752, No.286), known as the Civil

Service Act, and the provisions and benefits of the act shall be

applicable to the employees of and positions in the bureau.

(i)  The bureau shall expire and its responsibilities shall

terminate not later than November 1 of each year ending in one

and shall be reconstituted on November 1 in the year of the next

Federal decennial census.

(j)  The following words and phrases when used in this

section shall have the meanings given to them in this subsection

unless the context clearly indicates otherwise:

"Bureau."  The Legislative and Congressional Reapportionment

Bureau.

"Chief election officer."  The Secretary of the Commonwealth

or a designee.

"Commission."  The temporary redistricting advisory

commission established under this section.

"Federal census."  The decennial census required by Federal

law to be conducted by the United States Census Bureau in every

year ending in zero.

"Four selecting authorities."

(1)  The Majority Leader of the Senate.

(2)  The Minority Leader of the Senate.

(3)  The Majority Leader of the House of Representatives.

(4)  The Minority Leader of the House of Representatives.

"Partisan public office."

(1)  An elective or appointive office in the executive or

legislative branch or in an independent establishment of the

Federal Government.

(2)  An elective office in the executive or legislative

branch of the government of this Commonwealth or an office which

is filled by appointment.

(3)  An office of a county, city or other political

subdivision of this Commonwealth which is filled by an election

process involving nomination and election of candidates on a

partisan basis.

"Plan."  A plan for legislative and congressional

reapportionment drawn under the requirements of this section.

"Political party office."  An elective office in the national

or State organization of a political party.

"Relative."  An individual who is related to the person in

question as father, mother, son, daughter, brother, sister,

uncle, aunt, first cousin, nephew, niece, husband, wife,

grandfather, grandmother, father-in-law, mother-in-law, son-in-

law, daughter-in-law, brother-in-law, sister-in-law, stepfather,

stepmother, stepson, stepdaughter, stepbrother, stepsister, half

brother or half sister.

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.