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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BOSCOLA, FONTANA, WASHINGTON, KITCHEN, FARNESE, FOLMER, ERICKSON, BRUBAKER, STOUT, BAKER AND BROWNE, MAY 1, 2009 |
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| REFERRED TO STATE GOVERNMENT, MAY 1, 2009 |
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| A JOINT RESOLUTION |
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1 | Proposing an amendment to the Constitution of the Commonwealth |
2 | of Pennsylvania, providing for a Legislative and |
3 | Congressional Reapportionment Bureau for the purpose of |
4 | reapportioning and redistricting the Commonwealth of |
5 | Pennsylvania. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby resolves as follows: |
8 | Section 1. The following amendment to the Constitution of |
9 | Pennsylvania is proposed in accordance with Article XI: |
10 | That section 17 of Article II be amended to read: |
11 | § 17. Legislative [Reapportionment Commission] and |
12 | Congressional Reapportionment Bureau. |
13 | (a) In each year following the year of the Federal decennial |
14 | census, a Legislative [Reapportionment Commission] and |
15 | Congressional Reapportionment Bureau shall be constituted for |
16 | the purpose of reapportioning the Commonwealth. The bureau shall |
17 | consist of a director and employees as are necessary to carry |
18 | out the responsibilities of reapportionment and redistricting. |
19 | [The commission shall act by a majority of its entire |
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1 | membership. |
2 | (b) The commission shall consist of five members: four of |
3 | whom shall be the majority and minority leaders of both the |
4 | Senate and the House of Representatives, or deputies appointed |
5 | by each of them, and a chairman selected as hereinafter |
6 | provided. No later than 60 days following the official reporting |
7 | of the Federal decennial census as required by Federal law, the |
8 | four members shall be certified by the President pro tempore of |
9 | the Senate and the Speaker of the House of Representatives to |
10 | the elections officer of the Commonwealth who under law shall |
11 | have supervision over elections. |
12 | The four members within 45 days after their certification |
13 | shall select the fifth member, who shall serve as chairman of |
14 | the commission, and shall immediately certify his name to such |
15 | elections officer. The chairman shall be a citizen of the |
16 | Commonwealth other than a local, State or Federal official |
17 | holding an office to which compensation is attached. |
18 | If the four members fail to select the fifth member within |
19 | the time prescribed, a majority of the entire membership of the |
20 | Supreme Court within 30 days thereafter shall appoint the |
21 | chairman as aforesaid and certify his appointment to such |
22 | elections officer. |
23 | Any vacancy in the commission shall be filled within 15 days |
24 | in the same manner in which such position was originally filled. |
25 | (c) No later than 90 days after either the commission has |
26 | been duly certified or the population data for the Commonwealth |
27 | as determined by the Federal decennial census are available, |
28 | whichever is later in time, the commission shall file a |
29 | preliminary reapportionment plan with such elections officer. |
30 | The commission shall have 30 days after filing the |
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1 | preliminary plan to make corrections in the plan. |
2 | Any person aggrieved by the preliminary plan shall have the |
3 | same 30-day period to file exceptions with the commission in |
4 | which case the commission shall have 30 days after the date the |
5 | exceptions were filed to prepare and file with such elections |
6 | officer a revised reapportionment plan. If no exceptions are |
7 | filed within 30 days, or if filed and acted upon, the |
8 | commissions's plan shall be final and have the force of law. |
9 | (d) Any aggrieved person may file an appeal from the final |
10 | plan directly to the Supreme Court within 30 days after the |
11 | filing thereof. If the appellant establishes that the final plan |
12 | is contrary to law, the Supreme Court shall issue an order |
13 | remanding the plan to the commission and directing the |
14 | commission to reapportion the Commonwealth in a manner not |
15 | inconsistent with such order. |
16 | (e) When the Supreme Court has finally decided an appeal or |
17 | when the last day for filing an appeal has passed with no appeal |
18 | taken, the reapportionment plan shall have the force of law and |
19 | the districts therein provided shall be used thereafter in |
20 | elections to the General Assembly until the next reapportionment |
21 | as required under this section 17.] |
22 | (b) (1) The bureau shall acquire appropriate information, |
23 | review and evaluate available facilities and develop programs |
24 | and procedures in preparation for drawing congressional and |
25 | legislative redistricting plans on the basis of each Federal |
26 | census. |
27 | (2) By December 31 of each year ending in zero, the bureau |
28 | shall obtain from the United States Census Bureau information |
29 | regarding geographic and political units in this Commonwealth |
30 | for which Federal census population data has been gathered and |
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1 | will be tabulated. The bureau shall use the data obtained to |
2 | prepare: |
3 | (i) Necessary descriptions of geographic and political units |
4 | for which census data will be reported and which are suitable |
5 | for use as components of legislative districts. |
6 | (ii) Maps of counties, cities and other geographic units |
7 | within this Commonwealth, which may be used to illustrate the |
8 | locations of legislative district boundaries proposed in plans |
9 | drawn in accordance with subsection (d). |
10 | (3) As soon as possible after January 1 of each year ending |
11 | in one, the bureau shall obtain from the United States Census |
12 | Bureau the population data needed for legislative districting |
13 | which the Census Bureau is required to provide this Commonwealth |
14 | under 13 U.S.C. § 141 (relating to population and other census |
15 | information) and shall use that data to assign a population |
16 | figure based upon census data to each geographic or political |
17 | unit described pursuant to paragraph (2)(i). Upon completing |
18 | that task, the bureau shall begin the preparation of |
19 | congressional and legislative districting plans as required by |
20 | subsection (c). |
21 | (c) (1) Not later than April 1 of each year ending in one, |
22 | the bureau shall deliver to the Secretary of the Senate and the |
23 | Chief Clerk of the House of Representatives identical bills |
24 | embodying a plan of legislative and congressional districting |
25 | prepared in accordance with subsection (d). It is the intent of |
26 | this section that the General Assembly shall bring the bill to a |
27 | vote in either the Senate or the House of Representatives |
28 | expeditiously, but not less than seven days after the report of |
29 | the commission required by subsection (f) is received and made |
30 | available to the members of the General Assembly, under a |
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1 | procedure or rule permitting no amendments except those of a |
2 | purely corrective nature. It is further the intent of this |
3 | section that, if the bill is approved by the first House in |
4 | which it is considered, it shall expeditiously be brought to a |
5 | vote in the second House under a similar procedure or rule. |
6 | (2) If the bill embodying the plan submitted by the bureau |
7 | under paragraph (1) fails to be approved by a constitutional |
8 | majority in either the Senate or the House of Representatives, |
9 | the Secretary of the Senate or the Chief Clerk of the House of |
10 | Representatives, as the case may be, shall at once transmit to |
11 | the bureau information which the Senate or House of |
12 | Representatives may direct regarding reasons why the plan was |
13 | not approved. The bureau shall prepare a bill embodying a second |
14 | plan of legislative and congressional districting prepared in |
15 | accordance with subsection (d), taking into account the reasons |
16 | cited by the Senate or House of Representatives for its failure |
17 | to approve the plan insofar as it is possible to do so within |
18 | the requirements of subsection (d). If a second plan is required |
19 | under this subsection, the bill embodying it shall be delivered |
20 | to the Secretary of the Senate and the Chief Clerk of the House |
21 | of Representatives not later than May 1 of the year ending in |
22 | one or 14 days after the date of the vote by which the Senate or |
23 | the House of Representatives fails to approve the bill submitted |
24 | under paragraph (1), whichever date is later. It is the intent |
25 | of this section that, if it is necessary to submit a bill under |
26 | this subsection, the bill be brought to a vote not less than |
27 | seven days after the bill is printed and made available to the |
28 | members of the General Assembly, in the same manner as |
29 | prescribed for the bill required under paragraph (1). |
30 | (3) If the bill embodying the plan submitted by the bureau |
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1 | under paragraph (2) fails to be approved by a constitutional |
2 | majority in either the Senate or the House of Representatives, |
3 | the same procedure as prescribed by paragraph (2) shall be |
4 | followed. If a third plan is required under this subsection, the |
5 | bill embodying it shall be delivered to the Secretary of the |
6 | Senate and the Chief Clerk of the House of Representatives not |
7 | later than June 1 of the year ending in one or 14 days after the |
8 | date of the vote by which the Senate or the House of |
9 | Representatives fails to approve the bill submitted under |
10 | paragraph (2), whichever date is later. It is the intent of this |
11 | section that if it is necessary to submit a bill under this |
12 | subsection, the bill be brought to a vote within the same time |
13 | period after its delivery to the Secretary of the Senate and the |
14 | Chief Clerk of the House of Representatives as is prescribed for |
15 | the bill submitted under paragraph (2), but shall be subject to |
16 | amendment in the same manner as other bills. |
17 | (4) Notwithstanding paragraphs (1), (2) and (3): |
18 | (i) If population data from the Federal census which is |
19 | sufficient to permit preparation of a congressional districting |
20 | plan becomes available at an earlier time than the population |
21 | data needed to permit preparation of a legislative districting |
22 | plan in accordance with subsection (d), the bureau shall so |
23 | inform the presiding officers of the Senate and House of |
24 | Representatives. If the presiding officers so direct, the bureau |
25 | shall prepare a separate bill establishing congressional |
26 | districts and submit it separately from the bill establishing |
27 | legislative districts. It is the intent of this section that the |
28 | General Assembly shall proceed to consider the congressional |
29 | districting bill in substantially the manner prescribed by |
30 | paragraphs (1), (2) and (3). |
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1 | (ii) If the population data for legislative districting |
2 | which the United States Census Bureau is required to provide |
3 | this Commonwealth under 13 U.S.C. § 141 is not available to the |
4 | Legislative and Congressional Reapportionment Bureau on or |
5 | before February 1 of the year ending in one, the dates set forth |
6 | in this section shall be extended by a number of days equal to |
7 | the number of days after February 1 of the year ending in one |
8 | that the Federal census population data for legislative |
9 | districting becomes available. |
10 | (d) (1) Legislative and congressional districts shall be |
11 | established on the basis of population. |
12 | (i) Senatorial and representative districts, respectively, |
13 | shall each have a population as nearly equal as practicable to |
14 | the ideal population for such districts, determined by dividing |
15 | the number of districts to be established into the population of |
16 | this Commonwealth reported in the Federal decennial census. |
17 | Senatorial districts and representative districts shall not vary |
18 | in population from the respective ideal district populations |
19 | except as necessary to comply with one of the other standards |
20 | enumerated in this section. In no case shall the quotient, |
21 | obtained by dividing the total of the absolute values of the |
22 | deviations of all district populations from the applicable ideal |
23 | district population by the number of districts established, |
24 | exceed 2.5% of the applicable ideal district population. No |
25 | senatorial district shall have a population which exceeds that |
26 | of any other senatorial district by more than 5%, and no |
27 | representative district shall have a population which exceeds |
28 | that of any other representative district by more than 5%. |
29 | (ii) Congressional districts shall each have a population as |
30 | nearly equal as practicable to the ideal district population, |
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1 | derived as prescribed in subparagraph (i). No congressional |
2 | district shall have a population which varies by more than 2.5% |
3 | from the applicable ideal district population. |
4 | (iii) If a challenge is filed with the Supreme Court |
5 | alleging excessive population variance among districts |
6 | established in a plan adopted by the General Assembly, the |
7 | General Assembly has the burden of justifying any variance in |
8 | excess of 2.5% between the population of a district and the |
9 | applicable ideal district population. |
10 | (2) To the extent consistent with paragraph (1), district |
11 | boundaries shall coincide with the boundaries of political |
12 | subdivisions of this Commonwealth. The number of counties and |
13 | cities divided among more than one district shall be as small as |
14 | possible. When there is a choice between dividing local |
15 | political subdivisions, the more populous subdivisions shall be |
16 | divided before the less populous, but this statement does not |
17 | apply to a legislative district boundary drawn along a county |
18 | line which passes through a city that lies in more than one |
19 | county. |
20 | (3) Districts shall be composed of convenient contiguous |
21 | territory. Areas which meet only at the points of adjoining |
22 | corners are not contiguous. |
23 | (4) It is preferable that districts be compact in form, but |
24 | the standards established by paragraphs (1), (2) and (3) take |
25 | precedence over compactness where a conflict arises between |
26 | compactness and these standards. In general, compact districts |
27 | are those which are square, rectangular or hexagonal in shape to |
28 | the extent permitted by natural or political boundaries. |
29 | (5) Districts should represent communities of interest as |
30 | reflected by common economic patterns of production and |
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1 | consumption, school district boundaries, cultural activities, |
2 | self-identification, media coverage and other relevant |
3 | demographic information. |
4 | (6) However, no district shall be drawn for the purpose of |
5 | favoring a political party, incumbent legislator or member of |
6 | Congress or other person or group. In establishing districts, no |
7 | use shall be made of any of the following data: |
8 | (i) Addresses of incumbent legislators or members of |
9 | Congress. |
10 | (ii) Political affiliations of registered voters. |
11 | (iii) Previous election results. |
12 | (7) Each bill embodying a plan drawn under this section |
13 | shall provide that any vacancy in the General Assembly which |
14 | takes office in the year ending in one, occurring at a time |
15 | which makes it necessary to fill the vacancy at a special |
16 | election held under section 629 of the act of June 3, 1937 |
17 | (P.L.1333, No.320), known as the Pennsylvania Election Code, |
18 | shall be filled from the same district which elected the senator |
19 | or representative whose seat is vacant. |
20 | (8) Each bill embodying a plan drawn under this section |
21 | shall include provisions for election of senators to the General |
22 | Assemblies which take office in the years ending in three and |
23 | five, which shall be in conformity with section 16 of this |
24 | article. |
25 | (e) (1) Not later than February 15 of each year ending in |
26 | one, a five-member temporary redistricting advisory commission |
27 | shall be established as provided by this section. The |
28 | commission's only functions shall be those prescribed by |
29 | subsection (f). |
30 | (i) Each of the four selecting authorities shall certify to |
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1 | the chief election officer his appointment of a person to serve |
2 | on the commission. The certifications may be made at any time |
3 | after the four selecting authorities have been selected for the |
4 | General Assembly to take office in the year ending in one, even |
5 | though the terms of office of the selecting authorities have not |
6 | actually begun. |
7 | (ii) Within 30 days after the four selecting authorities |
8 | have certified their respective appointments to the commission, |
9 | but in no event later than February 15 of the year ending in |
10 | one, the four commission members so appointed shall select, by a |
11 | vote of at least three members, and certify to the chief |
12 | election officer the fifth commission member who shall serve as |
13 | chairperson. |
14 | (iii) A vacancy on the commission shall be filled by the |
15 | initial selecting authority within 15 days after the vacancy |
16 | occurs. |
17 | (iv) Members of the commission shall receive per diem travel |
18 | expenses and reimbursement for other necessary expenses incurred |
19 | in performing their duties under this section. |
20 | (2) No person shall be appointed to the commission who: |
21 | (i) Is not an eligible elector of this Commonwealth at the |
22 | time of selection. |
23 | (ii) Holds partisan public office or political party office. |
24 | (iii) Is a relative of or is employed by a member of the |
25 | General Assembly or of Congress or is employed directly by the |
26 | General Assembly or by Congress. |
27 | (f) The functions of the commission shall be as follows: |
28 | (1) If, in preparation of plans as required by this section, |
29 | the bureau is confronted with the necessity to make any decision |
30 | for which no clearly applicable guideline is provided by |
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1 | subsection (d), the bureau may submit a written request for |
2 | direction to the commission. |
3 | (2) Prior to delivering any plan and the bill embodying that |
4 | plan to the Secretary of the Senate and the Chief Clerk of the |
5 | House of Representatives in accordance with subsection (c), the |
6 | bureau shall provide to persons outside the bureau staff only |
7 | such information regarding the plan as may be required by |
8 | policies agreed upon by the commission. This paragraph does not |
9 | apply to population data furnished to the bureau by the United |
10 | States Census Bureau. |
11 | (3) Upon each delivery by the bureau to the General Assembly |
12 | of a bill embodying a plan, pursuant to subsection (c), the |
13 | commission shall at the earliest feasible time make available to |
14 | the public the following information: |
15 | (i) Copies of the bill delivered by the bureau to the |
16 | General Assembly. |
17 | (ii) Maps illustrating the plan. |
18 | (iii) A summary of the standards prescribed by subsection |
19 | (d) for development of the plan. |
20 | (iv) A statement of the population of each district included |
21 | in the plan and the relative deviation of each district |
22 | population from the ideal district population. |
23 | (4) Upon the delivery by the bureau to the General Assembly |
24 | of a bill embodying an initial plan, as required by subsection |
25 | (c)(1), the commission shall: |
26 | (i) As expeditiously as reasonably possible, schedule and |
27 | conduct at least three public hearings, in different geographic |
28 | regions of this Commonwealth, on the plan embodied in the bill |
29 | delivered by the bureau to the General Assembly. |
30 | (ii) Following the hearings, promptly prepare and submit to |
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1 | the Secretary of the Senate and the Chief Clerk of the House of |
2 | Representatives a report summarizing information and testimony |
3 | received by the commission in the course of the hearings. The |
4 | commission's report shall include any comments and conclusions |
5 | which its members deem appropriate on the information and |
6 | testimony received at the hearings or otherwise presented to the |
7 | commission. |
8 | [(f)] (g) Any district which does not include the residence |
9 | from which a member of the Senate was elected whether or not |
10 | scheduled for election at the next general election shall elect |
11 | a Senator at such election. |
12 | [(g) The General Assembly shall appropriate sufficient funds |
13 | for the compensation and expenses of members and staff appointed |
14 | by the commission, and other necessary expenses. The members of |
15 | the commission shall be entitled to such compensation for their |
16 | services as the General Assembly from time to time shall |
17 | determine, but no part thereof shall be paid until a preliminary |
18 | plan is filed. If a preliminary plan is filed but the commission |
19 | fails to file a revised or final plan within the time |
20 | prescribed, the commission members shall forfeit all right to |
21 | compensation not paid. |
22 | (h) If a preliminary, revised or final reapportionment plan |
23 | is not filed by the commission within the time prescribed by |
24 | this section, unless the time be extended by the Supreme Court |
25 | for cause shown, the Supreme Court shall immediately proceed on |
26 | its own motion to reapportion the Commonwealth. |
27 | (i) Any reapportionment plan filed by the commission, or |
28 | ordered or prepared by the Supreme Court upon the failure of the |
29 | commission to act, shall be published by the elections officer |
30 | once in at least one newspaper of general circulation in each |
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1 | senatorial and representative district. The publication shall |
2 | contain a map of the Commonwealth showing the complete |
3 | reapportionment of the General Assembly by districts, and a map |
4 | showing the reapportionment districts in the area normally |
5 | served by the newspaper in which the publication is made. The |
6 | publication shall also state the population of the senatorial |
7 | and representative districts having the smallest and largest |
8 | population and the percentage variation of such districts from |
9 | the average population for senatorial and representative |
10 | districts.] |
11 | (h) All positions in the bureau shall be deemed to be |
12 | included in the list of positions set forth in section 3(d) of |
13 | the act of August 5, 1941 (P.L.752, No.286), known as the Civil |
14 | Service Act, and the provisions and benefits of the act shall be |
15 | applicable to the employees of and positions in the bureau. |
16 | (i) The bureau shall expire and its responsibilities shall |
17 | terminate not later than November 1 of each year ending in one |
18 | and shall be reconstituted on November 1 in the year of the next |
19 | Federal decennial census. |
20 | (j) The following words and phrases when used in this |
21 | section shall have the meanings given to them in this subsection |
22 | unless the context clearly indicates otherwise: |
23 | "Bureau." The Legislative and Congressional Reapportionment |
24 | Bureau. |
25 | "Chief election officer." The Secretary of the Commonwealth |
26 | or a designee. |
27 | "Commission." The temporary redistricting advisory |
28 | commission established under this section. |
29 | "Federal census." The decennial census required by Federal |
30 | law to be conducted by the United States Census Bureau in every |
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1 | year ending in zero. |
2 | "Four selecting authorities." |
3 | (1) The Majority Leader of the Senate. |
4 | (2) The Minority Leader of the Senate. |
5 | (3) The Majority Leader of the House of Representatives. |
6 | (4) The Minority Leader of the House of Representatives. |
7 | "Partisan public office." |
8 | (1) An elective or appointive office in the executive or |
9 | legislative branch or in an independent establishment of the |
10 | Federal Government. |
11 | (2) An elective office in the executive or legislative |
12 | branch of the government of this Commonwealth or an office which |
13 | is filled by appointment. |
14 | (3) An office of a county, city or other political |
15 | subdivision of this Commonwealth which is filled by an election |
16 | process involving nomination and election of candidates on a |
17 | partisan basis. |
18 | "Plan." A plan for legislative and congressional |
19 | reapportionment drawn under the requirements of this section. |
20 | "Political party office." An elective office in the national |
21 | or State organization of a political party. |
22 | "Relative." An individual who is related to the person in |
23 | question as father, mother, son, daughter, brother, sister, |
24 | uncle, aunt, first cousin, nephew, niece, husband, wife, |
25 | grandfather, grandmother, father-in-law, mother-in-law, son-in- |
26 | law, daughter-in-law, brother-in-law, sister-in-law, stepfather, |
27 | stepmother, stepson, stepdaughter, stepbrother, stepsister, half |
28 | brother or half sister. |
29 | Section 2. (a) Upon the first passage by the General |
30 | Assembly of this proposed constitutional amendment, the |
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1 | Secretary of the Commonwealth shall proceed immediately to |
2 | comply with the advertising requirements of section 1 of Article |
3 | XI of the Constitution of Pennsylvania and shall transmit the |
4 | required advertisements to two newspapers in every county in |
5 | which such newspapers are published in sufficient time after |
6 | passage of this proposed constitutional amendment. |
7 | (b) Upon the second passage by the General Assembly of this |
8 | proposed constitutional amendment, the Secretary of the |
9 | Commonwealth shall proceed immediately to comply with the |
10 | advertising requirements of section 1 of Article XI of the |
11 | Constitution of Pennsylvania and shall transmit the required |
12 | advertisements to two newspapers in every county in which such |
13 | newspapers are published in sufficient time after passage of |
14 | this proposed constitutional amendment. The Secretary of the |
15 | Commonwealth shall submit this proposed constitutional amendment |
16 | to the qualified electors of this Commonwealth at the first |
17 | primary, general or municipal election which meets the |
18 | requirements of and is in conformance with section 1 of Article |
19 | XI of the Constitution of Pennsylvania and which occurs at least |
20 | three months after the proposed constitutional amendment is |
21 | passed by the General Assembly. |
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