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                              PRIOR PASSAGE - NONE
                                                      PRINTER'S NO. 2885

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2047 Session of 2007


        INTRODUCED BY CURRY, BRENNAN, CALTAGIRONE, CARROLL, DePASQUALE,
           DeWEESE, FRANKEL, HORNAMAN, KORTZ, PETRONE, SCHRODER AND
           McILVAINE SMITH, NOVEMBER 21, 2007

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, NOVEMBER 21, 2007

                               A JOINT RESOLUTION

     1  Proposing integrated amendments to the Constitution of the
     2     Commonwealth of Pennsylvania, deleting provisions relating to
     3     the Legislative Reapportionment Commission; and providing for
     4     the Reapportionment Commission and for its powers and duties.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby resolves as follows:
     7     Section 1.  The following integrated amendments to the
     8  Constitution of Pennsylvania are proposed in accordance with
     9  Article XI:
    10     (1)  That section 17 of Article II be amended to read:
    11  [§ 17.  Legislative Reapportionment Commission.
    12     (a)  In each year following the year of the Federal decennial
    13  census, a Legislative Reapportionment Commission shall be
    14  constituted for the purpose of reapportioning the Commonwealth.
    15  The commission shall act by a majority of its entire membership.
    16     (b)  The commission shall consist of five members: four of
    17  whom shall be the majority and minority leaders of both the
    18  Senate and the House of Representatives, or deputies appointed

     1  by each of them, and a chairman selected as hereinafter
     2  provided. No later than 60 days following the official reporting
     3  of the Federal decennial census as required by Federal law, the
     4  four members shall be certified by the President pro tempore of
     5  the Senate and the Speaker of the House of Representatives to
     6  the elections officer of the Commonwealth who under law shall
     7  have supervision over elections.
     8     The four members within 45 days after their certification
     9  shall select the fifth member, who shall serve as chairman of
    10  the commission, and shall immediately certify his name to such
    11  elections officer. The chairman shall be a citizen of the
    12  Commonwealth other than a local, State or Federal official
    13  holding an office to which compensation is attached.
    14     If the four members fail to select the fifth member within
    15  the time prescribed, a majority of the entire membership of the
    16  Supreme Court within 30 days thereafter shall appoint the
    17  chairman as aforesaid and certify his appointment to such
    18  elections officer.
    19     Any vacancy in the commission shall be filled within 15 days
    20  in the same manner in which such position was originally filled.
    21     (c)  No later than 90 days after either the commission has
    22  been duly certified or the population data for the Commonwealth
    23  as determined by the Federal decennial census are available,
    24  whichever is later in time, the commission shall file a
    25  preliminary reapportionment plan with such elections officer.
    26     The commission shall have 30 days after filing the
    27  preliminary plan to make corrections in the plan.
    28     Any person aggrieved by the preliminary plan shall have the
    29  same 30-day period to file exceptions with the commission in
    30  which case the commission shall have 30 days after the date the
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     1  exceptions were filed to prepare and file with such elections
     2  officer a revised reapportionment plan. If no exceptions are
     3  filed within 30 days, or if filed and acted upon, the
     4  commissions's plan shall be final and have the force of law.
     5     (d)  Any aggrieved person may file an appeal from the final
     6  plan directly to the Supreme Court within 30 days after the
     7  filing thereof. If the appellant establishes that the final plan
     8  is contrary to law, the Supreme Court shall issue an order
     9  remanding the plan to the commission and directing the
    10  commission to reapportion the Commonwealth in a manner not
    11  inconsistent with such order.
    12     (e)  When the Supreme Court has finally decided an appeal or
    13  when the last day for filing an appeal has passed with no appeal
    14  taken, the reapportionment plan shall have the force of law and
    15  the districts therein provided shall be used thereafter in
    16  elections to the General Assembly until the next reapportionment
    17  as required under this section 17.
    18     (f)  Any district which does not include the residence from
    19  which a member of the Senate was elected whether or not
    20  scheduled for election at the next general election shall elect
    21  a Senator at such election.
    22     (g)  The General Assembly shall appropriate sufficient funds
    23  for the compensation and expenses of members and staff appointed
    24  by the commission, and other necessary expenses. The members of
    25  the commission shall be entitled to such compensation for their
    26  services as the General Assembly from time to time shall
    27  determine, but no part thereof shall be paid until a preliminary
    28  plan is filed. If a preliminary plan is filed but the commission
    29  fails to file a revised or final plan within the time
    30  prescribed, the commission members shall forfeit all right to
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     1  compensation not paid.
     2     (h)  If a preliminary, revised or final reapportionment plan
     3  is not filed by the commission within the time prescribed by
     4  this section, unless the time be extended by the Supreme Court
     5  for cause shown, the Supreme Court shall immediately proceed on
     6  its own motion to reapportion the Commonwealth.
     7     (i)  Any reapportionment plan filed by the commission, or
     8  ordered or prepared by the Supreme Court upon the failure of the
     9  commission to act, shall be published by the elections officer
    10  once in at least one newspaper of general circulation in each
    11  senatorial and representative district. The publication shall
    12  contain a map of the Commonwealth showing the complete
    13  reapportionment of the General Assembly by districts, and a map
    14  showing the reapportionment districts in the area normally
    15  served by the newspaper in which the publication is made. The
    16  publication shall also state the population of the senatorial
    17  and representative districts having the smallest and largest
    18  population and the percentage variation of such districts from
    19  the average population for senatorial and representative
    20  districts.]
    21     (2)  That Article II be amended by adding a section to read:
    22  § 18.  Reapportionment Commission.
    23     (a)  In each year following the Federal decennial census, a
    24  Reapportionment Commission shall be constituted for the purpose
    25  of reapportioning the districts of the Senate and House of
    26  Representatives of the General Assembly and the districts
    27  apportioned to the Commonwealth in the House of Representatives
    28  of the United States Congress. Unless otherwise directed by
    29  court order, legislative and congressional reapportionment shall
    30  only be permitted once in the decade following the Federal
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     1  decennial census.
     2     (b)  (1)  The commission shall consist of five members: four
     3  of whom shall be the majority and minority leaders, or deputies
     4  appointed by each of them, and a chairman selected as provided
     5  in this section.
     6     (2)  The Supreme Court shall appoint one member who shall
     7  serve as chairman and is a registered voter within this
     8  Commonwealth for at least two years prior to appointment. The
     9  chairman shall not hold an office of Federal, State or local
    10  government to which compensation is attached at the time of his
    11  appointment. The chairman shall not have held a position within
    12  a political party for at least ten years prior to appointment.
    13     (3)  No later than 60 days following the official reporting
    14  of the Federal decennial census as required by Federal law, the
    15  four members of the commission shall be certified by the
    16  President pro tempore of the Senate and the Speaker of the House
    17  of Representatives to the elections officer of the Commonwealth
    18  who under law shall have supervision over elections. The Supreme
    19  Court shall appoint the chairman of the commission during the
    20  same 60-day period and shall certify the appointment to the
    21  elections officer of the Commonwealth.
    22     (4)  Any vacancy in the commission shall be filled within 15
    23  days in the same manner in which such position was originally
    24  filled.
    25     (c)  The commission may not divide any voting precinct that
    26  forms a single polygon in drafting any reapportionment plan. The
    27  commission may not divide any county, city, township, borough or
    28  incorporated town unless absolutely necessary. In finding that a
    29  division is necessary, the commission shall file the findings in
    30  an addendum to each plan adopted by the commission. The
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     1  appropriate addendum shall be submitted to the General Assembly
     2  and the Supreme Court along with each reapportionment plan under
     3  the provisions of this section. The commission shall make an
     4  effort to ensure that each district is as compact in area as
     5  practicable.
     6     (d)  (1)  No later than 60 days after either the commission
     7  has been duly certified or usable population data for this
     8  Commonwealth is available, whichever is later in time, the
     9  commission shall file a preliminary reapportionment plan for the
    10  General Assembly with the elections officer.
    11     (2)  A public comment period of 30 days shall commence with
    12  the filing of the preliminary plan. The commission shall conduct
    13  public hearings during the public comment period.
    14     (e)  The commission shall have 30 days after the date of the
    15  expiration of the public comment period to prepare and adopt a
    16  revised reapportionment plan for both Houses of the General
    17  Assembly.
    18     (f)  Any aggrieved person may file an appeal from the final
    19  plan directly to the Supreme Court within 30 days after the
    20  filing of the final plan. If the appellant establishes that the
    21  final plan is contrary to law, the Supreme Court shall issue an
    22  order remanding the plan to the commission and directing the
    23  commission to reapportion the Commonwealth in a manner not
    24  inconsistent with the order. The commission shall then have up
    25  to 30 days to submit the reapportionment plan to the Supreme
    26  Court.
    27     (g)  The General Assembly shall appropriate sufficient funds
    28  for the compensation and expenses of members and staff appointed
    29  by the commission, and other necessary expenses. The members of
    30  the commission who are not elected members of the General
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     1  Assembly shall be entitled to such compensation for their
     2  services as the General Assembly from time to time shall
     3  determine, but no part thereof shall be paid until a preliminary
     4  legislative reapportionment plan is filed. If a preliminary plan
     5  is filed but the commission fails to file a revised or a final
     6  plan within the time prescribed, the commission members shall
     7  forfeit all right to compensation not paid.
     8     (h)  If a preliminary or final legislative reapportionment
     9  plan is not filed by the commission within the time prescribed
    10  by this section, unless the time is extended by the Supreme
    11  Court for cause shown, the Supreme Court shall immediately
    12  proceed on its own motion to reapportion this Commonwealth.
    13     (i)  Any reapportionment plan filed by the commission or
    14  ordered by the Supreme Court upon failure of the commission to
    15  act shall be published by the elections officer once in at least
    16  one newspaper of general circulation in each senatorial and
    17  representative district. The publication shall contain a map of
    18  this Commonwealth showing the complete reapportionment of the
    19  General Assembly by districts, and a map showing the
    20  reapportionment districts in the area normally served by the
    21  newspaper in which the publication is made. The publication
    22  shall also state the population of the senatorial and
    23  representative districts having the smallest and largest
    24  population and the percentage variation of those districts from
    25  the average population for senatorial and representative
    26  districts.
    27     (j)  (1)  No later than 20 days after the final legislative
    28  reapportionment plan has been approved by the Supreme Court, the
    29  commission shall file a preliminary reapportionment plan for
    30  Representatives in the United States Congress with the chief
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     1  elections officer of the Commonwealth.
     2     (2)  A public comment period of 30 days shall commence with
     3  the filing of the preliminary congressional plan. The commission
     4  shall conduct public hearings during the public comment period.
     5     (k)  The commission shall have 20 days after the date of the
     6  expiration of the public comment period to prepare and adopt a
     7  final reapportionment plan for Representatives in the United
     8  States Congress.
     9     (l)  Any aggrieved person may file an appeal from the final
    10  plan directly to the Supreme Court within 30 days after the
    11  filing of the final plan. If the appellant establishes that the
    12  final plan is contrary to law, the Supreme Court shall issue an
    13  order remanding the plan to the commission and directing the
    14  commission to reapportion this Commonwealth in a manner not
    15  inconsistent with the order. The commission shall then have up
    16  to 15 days to submit the reapportionment plan to the Supreme
    17  Court.
    18     (m)  If a preliminary or final congressional reapportionment
    19  plan is not filed by the commission within the time prescribed
    20  by this section, unless the time is extended by the Supreme
    21  Court for cause shown, the Supreme Court shall immediately
    22  proceed on its own motion to reapportion the congressional
    23  districts of this Commonwealth.
    24     (n)  Any congressional reapportionment plan filed by the
    25  commission or ordered by the Supreme Court upon failure of the
    26  commission to act shall be published by the elections officer
    27  once in at least one newspaper of general circulation in each
    28  congressional district. The publication shall contain a map of
    29  this Commonwealth showing the complete reapportionment of the
    30  congressional districts, and a map showing the reapportioned
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     1  districts in the area normally served by the newspaper in which
     2  the publication is made. The publication shall also state the
     3  population of the congressional districts having the smallest
     4  and largest population and the percentage variation of those
     5  districts from the average population for congressional
     6  districts.
     7     (o)  In the event an entirely new senatorial district is
     8  formed and the district would not normally be electing a member
     9  of the Senate in the following general election, the district
    10  shall initially elect a Senator for a term of two years in the
    11  general election. The district shall thereafter elect a Senator
    12  for a term of four years. No member of the Senate shall continue
    13  to serve in office after another member of the Senate begins
    14  that member's term of service on the first day of December next
    15  after the election representing that district.
    16     (p)  (1)  Congressional districts shall each have a
    17  population as nearly equal as practicable.
    18     (2)  Legislative districts shall be established on the basis
    19  of population. In no case shall the deviation of the overall
    20  range of population of the most populous district from the least
    21  populous district be greater than 8% of the average district
    22  population for each House.
    23     (q)  Nothing contained in this section shall preclude the
    24  General Assembly from enacting legislation that further defines
    25  the provisions of this section or provides for additional
    26  requirements or restrictions for legislative or congressional
    27  reapportionment.
    28     Section 2.  (a)  Upon the first passage by the General
    29  Assembly of these proposed constitutional amendments, the
    30  Secretary of the Commonwealth shall proceed immediately to
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     1  comply with the advertising requirements of section 1 of Article
     2  XI of the Constitution of Pennsylvania and shall transmit the
     3  required advertisements to two newspapers in every county in
     4  which such newspapers are published in sufficient time after
     5  passage of these proposed constitutional amendments.
     6     (b)  Upon the second passage by the General Assembly of these
     7  proposed constitutional amendments, the Secretary of the
     8  Commonwealth shall proceed immediately to comply with the
     9  advertising requirements of section 1 of Article XI of the
    10  Constitution of Pennsylvania and shall transmit the required
    11  advertisements to two newspapers in every county in which such
    12  newspapers are published in sufficient time after passage of
    13  these proposed constitutional amendments. The Secretary of the
    14  Commonwealth shall submit the proposed constitutional amendments
    15  under section 1 to the qualified electors of this Commonwealth
    16  as a single ballot question at the first primary, general or
    17  municipal election which meets the requirements of and is in
    18  conformance with section 1 of Article XI of the Constitution of
    19  Pennsylvania and which occurs at least three months after the
    20  proposed constitutional amendments are passed by the General
    21  Assembly.






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