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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY O'PAKE, FONTANA, STOUT, FOLMER, BROWNE, LOGAN, EARLL AND KASUNIC, JANUARY 29, 2009 |
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| REFERRED TO STATE GOVERNMENT, JANUARY 29, 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, further providing for the Legislative |
3 | Reapportionment Commission. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby resolves as follows: |
6 | Section 1. The following amendment to the Constitution of |
7 | Pennsylvania is proposed in accordance with Article XI: |
8 | That section 17 of Article II be amended to read: |
9 | § 17. [Legislative] Decennial Reapportionment Commission. |
10 | (a) In each year following the year of the Federal decennial |
11 | census, a [Legislative] Decennial Reapportionment Commission |
12 | shall be constituted for the purpose of reapportioning the |
13 | Commonwealth. The commission shall act by a majority of its |
14 | entire membership. |
15 | (b) The commission shall consist of five members: four of |
16 | whom shall be the majority and minority leaders of both the |
17 | Senate and the House of Representatives, or deputies appointed |
18 | by each of them, and a chairman selected as hereinafter |
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1 | provided. No later than 60 days following the official reporting |
2 | of the Federal decennial census as required by Federal law, the |
3 | four members shall be certified by the President pro tempore of |
4 | the Senate and the Speaker of the House of Representatives to |
5 | the elections officer of the Commonwealth who under law shall |
6 | have supervision over elections. |
7 | The four members within 45 days after their certification |
8 | shall select the fifth member, who shall serve as chairman of |
9 | the commission, and shall immediately certify his name to such |
10 | elections officer. The chairman shall be a citizen of the |
11 | Commonwealth other than a local, State or Federal official |
12 | holding an office to which compensation is attached. |
13 | If the four members fail to select the fifth member within |
14 | the time prescribed, a majority of the entire membership of the |
15 | Supreme Court within 30 days thereafter shall appoint the |
16 | chairman as aforesaid and certify his appointment to such |
17 | elections officer. |
18 | Any vacancy in the commission shall be filled within 15 days |
19 | in the same manner in which such position was originally filled. |
20 | (c) No later than 90 days after either the commission has |
21 | been duly certified or the population data for the Commonwealth |
22 | as determined by the Federal decennial census are available, |
23 | whichever is later in time, the commission shall file a |
24 | preliminary reapportionment plan for districts in the Senate and |
25 | House of Representatives of the General Assembly and shall file |
26 | no later than 30 days thereafter a preliminary reapportionment |
27 | plan for districts in the United States Congress with such |
28 | elections officer. |
29 | The commission shall have 30 days after filing [the] of a |
30 | preliminary plan to make corrections [in the plan] to it. |
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1 | Any person aggrieved by the preliminary plan shall have the |
2 | same 30-day period to file exceptions with the commission in |
3 | which case the commission shall have 30 days after the date the |
4 | exceptions were filed to prepare and file with such elections |
5 | officer a revised reapportionment plan. If no exceptions are |
6 | filed within 30 days, or if filed and acted upon, the |
7 | commissions's plan shall be final and have the force of law. |
8 | (d) Any aggrieved person may file an appeal from the final |
9 | plan directly to the Supreme Court within 30 days after the |
10 | filing thereof. If the appellant establishes that the final plan |
11 | is contrary to law, the Supreme Court shall issue an order |
12 | remanding the plan to the commission and directing the |
13 | commission to reapportion the Commonwealth in a manner not |
14 | inconsistent with such order. |
15 | (e) When the Supreme Court has finally decided an appeal or |
16 | when the last day for filing an appeal has passed with no appeal |
17 | taken, the reapportionment plan shall have the force of law and |
18 | the districts therein provided shall be used thereafter in |
19 | elections to the General Assembly and to Congress until the next |
20 | reapportionment as required under this section 17. |
21 | (f) Any district which does not include the residence from |
22 | which a member of the Senate was elected whether or not |
23 | scheduled for election at the next general election shall elect |
24 | a Senator at such election. |
25 | (g) The General Assembly shall appropriate sufficient funds |
26 | for the compensation and expenses of members and staff appointed |
27 | by the commission, and other necessary expenses. The members of |
28 | the commission shall be entitled to such compensation for their |
29 | services as the General Assembly from time to time shall |
30 | determine, but no part thereof shall be paid until a preliminary |
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1 | plan to which it relates is filed. If a preliminary plan is |
2 | filed but the commission fails to file a revised or final plan |
3 | with respect to it within the time prescribed, the commission |
4 | members shall forfeit all right to compensation not paid. |
5 | (h) If a preliminary, revised or final reapportionment plan |
6 | is not filed by the commission within the time prescribed by |
7 | this section, unless the time be extended by the Supreme Court |
8 | for cause shown, the Supreme Court shall immediately proceed on |
9 | its own motion to reapportion the Commonwealth with regard to |
10 | that plan. |
11 | (i) Any reapportionment plan filed by the commission, or |
12 | ordered or prepared by the Supreme Court upon the failure of the |
13 | commission to act, shall be published by the elections officer |
14 | once in at least one newspaper of general circulation in each |
15 | senatorial and representative district. The publication shall |
16 | contain a map of the Commonwealth showing the complete |
17 | reapportionment [of the General Assembly] proposed by that plan |
18 | by districts, and a map showing the reapportionment districts in |
19 | the area normally served by the newspaper in which the |
20 | publication is made. The publication shall also state the |
21 | population of the senatorial and representative districts having |
22 | the smallest and largest population and the percentage variation |
23 | of such districts from the average population for senatorial and |
24 | representative districts in the plan for districts in the |
25 | General Assembly and of congressional districts in the plan for |
26 | districts in Congress. |
27 | Section 2. (a) Upon the first passage by the General |
28 | Assembly of this proposed constitutional amendment, the |
29 | Secretary of the Commonwealth shall proceed immediately to |
30 | comply with the advertising requirements of section 1 of Article |
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1 | XI of the Constitution of Pennsylvania and shall transmit the |
2 | required advertisements to two newspapers in every county in |
3 | which such newspapers are published in sufficient time after |
4 | passage of this proposed constitutional amendment. |
5 | (b) Upon the second passage by the General Assembly of this |
6 | proposed constitutional amendment, the Secretary of the |
7 | Commonwealth shall proceed immediately to comply with the |
8 | advertising requirements of section 1 of Article XI of the |
9 | Constitution of Pennsylvania and shall transmit the required |
10 | advertisements to two newspapers in every county in which such |
11 | newspapers are published in sufficient time after passage of |
12 | this proposed constitutional amendment. The Secretary of the |
13 | Commonwealth shall submit this proposed constitutional amendment |
14 | to the qualified electors of this Commonwealth at the first |
15 | primary, general or municipal election which meets the |
16 | requirements of and is in conformance with section 1 of Article |
17 | XI of the Constitution of Pennsylvania and which occurs at least |
18 | three months after the proposed constitutional amendment is |
19 | passed by the General Assembly. |
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