Regular Session 2015-2016 House Bill 1898 P.N. 2962

PRIOR PASSAGE - NONE

PRINTER'S NO. 2962

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1898

Session of

2015

INTRODUCED BY DELOZIER, BLOOM, IRVIN AND WATSON, MARCH 15, 2016

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 15, 2016

A JOINT RESOLUTION

Proposing an amendment to the Constitution of the Commonwealth

of Pennsylvania, further providing for reapportionment of

Federal and Commonwealth legislative representation.

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 heading, (a), (c), (e), (h) and (i) of

Article II of the Constitution of Pennsylvania be amended to

read:

§ 17. Congressional and Legislative Reapportionment Commission.

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

census, a Congressional and Legislative Reapportionment

Commission shall be constituted for the purpose of

reapportioning the Commonwealth for representation in the United

States House of Representatives and in the General Assembly. The

commission shall act by a majority of its entire membership.

* * *

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 the Pennsylvania districts

in the United States House of Representatives and for the

districts in each chamber of the General Assembly with such

elections officer.

[The commission shall have 30 days after filing the

preliminary plan to make corrections in the plan.] A public

comment period of 30 days shall commence with the filing of the

preliminary plan. During the comment period, the commission

shall conduct public hearings in Philadelphia, Pittsburgh and

Harrisburg. 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.

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] commission's plan shall be final and have the

force of law.

* * *

(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 United States House of Representatives and to

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the General Assembly until the next reapportionment as required

under this section 17.

* * *

(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 for

representation in the United States House of Representatives and

in the General Assembly.

(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

congressional, senatorial and representative district. The

publication shall contain [a map] two maps of the Commonwealth

showing the complete reapportionment of the [General Assembly

by] Commonwealth, one for congressional districts[,] and [a map

showing the reapportionment districts in the area normally

served by the newspaper in which the publication is made] one

for senatorial and representative districts. The publication

shall also state the population of the congressional districts

having the smallest and largest population and the percentage

variation of such districts from the average population for

congressional districts and 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 2. (a) Upon the first passage by the General

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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.

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