| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| SENATE BILL |
|
| |
| |
| INTRODUCED BY WASHINGTON, BOSCOLA, FARNESE, FONTANA, KITCHEN, O'PAKE AND TARTAGLIONE, MARCH 15, 2010 |
| |
| |
| REFERRED TO STATE GOVERNMENT, MARCH 15, 2010 |
| |
| |
| |
| A JOINT RESOLUTION |
| |
1 | Proposing an amendment to the Constitution of the Commonwealth |
2 | of Pennsylvania, further providing for a 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 Reapportionment Commission. |
10 | (a) In each year following the year of the Federal decennial |
11 | census, a Legislative Reapportionment Commission shall be |
12 | constituted for the purpose of reapportioning the Commonwealth. |
13 | The commission shall act by a majority of its entire membership. |
14 | (b) The commission shall consist of five members: four of |
15 | whom shall be the majority and minority leaders of both the |
16 | Senate and the House of Representatives, or deputies appointed |
17 | by each of them, and a chairman selected as hereinafter |
18 | provided. No later than 60 days following the official reporting |
|
1 | of the Federal decennial census as required by Federal law, the |
2 | four members shall be certified by the President pro tempore of |
3 | the Senate and the Speaker of the House of Representatives to |
4 | the elections officer of the Commonwealth who under law shall |
5 | have supervision over elections. |
6 | The four members within 45 days after their certification |
7 | shall select the fifth member, who shall serve as chairman of |
8 | the commission, and shall immediately certify his name to such |
9 | elections officer. The chairman shall be a citizen of the |
10 | Commonwealth other than a local, State or Federal official |
11 | holding an office to which compensation is attached. |
12 | If the four members fail to select the fifth member within |
13 | the time prescribed, a majority of the entire membership of the |
14 | Supreme Court within 30 days thereafter shall appoint the |
15 | chairman as aforesaid and certify his appointment to such |
16 | elections officer. |
17 | Any vacancy in the commission shall be filled within 15 days |
18 | in the same manner in which such position was originally filled. |
19 | (c) No later than 90 days after either the commission has |
20 | been duly certified or the population data for the Commonwealth |
21 | as determined by the Federal decennial census are available, |
22 | whichever is later in time, the commission shall file a |
23 | preliminary reapportionment plan with such elections officer. |
24 | The commission shall have 30 days after filing the |
25 | preliminary plan to make corrections in the plan. |
26 | Any person aggrieved by the preliminary plan shall have the |
27 | same 30-day period to file exceptions with the commission in |
28 | which case the commission shall have 30 days after the date the |
29 | exceptions were filed to prepare and file with such elections |
30 | officer a revised reapportionment plan. If no exceptions are |
|
1 | filed within 30 days, or if filed and acted upon, the |
2 | commissions's plan shall be final and have the force of law. |
3 | (d) Any aggrieved person may file an appeal from the final |
4 | plan directly to the Supreme Court within 30 days after the |
5 | filing thereof. If the appellant establishes that the final plan |
6 | is contrary to law, the Supreme Court shall issue an order |
7 | remanding the plan to the commission and directing the |
8 | commission to reapportion the Commonwealth in a manner not |
9 | inconsistent with such order. |
10 | (e) When the Supreme Court has finally decided an appeal or |
11 | when the last day for filing an appeal has passed with no appeal |
12 | taken, the reapportionment plan shall have the force of law and |
13 | the districts therein provided shall be used thereafter in |
14 | elections to the General Assembly until the next reapportionment |
15 | as required under this section 17. |
16 | (f) Any district which does not include the residence from |
17 | which a member of the Senate was elected whether or not |
18 | scheduled for election at the next general election shall elect |
19 | a Senator at such election. |
20 | (g) The General Assembly shall appropriate sufficient funds |
21 | for the compensation and expenses of members and staff appointed |
22 | by the commission, and other necessary expenses. The members of |
23 | the commission shall be entitled to such compensation for their |
24 | services as the General Assembly from time to time shall |
25 | determine, but no part thereof shall be paid until a preliminary |
26 | plan is filed. If a preliminary plan is filed but the commission |
27 | fails to file a revised or final plan within the time |
28 | prescribed, the commission members shall forfeit all right to |
29 | compensation not paid. |
30 | (h) If a preliminary, revised or final reapportionment plan |
|
1 | is not filed by the commission within the time prescribed by |
2 | this section, unless the time be extended by the Supreme Court |
3 | for cause shown, the Supreme Court shall immediately proceed on |
4 | its own motion to reapportion the Commonwealth. |
5 | (i) Any reapportionment plan filed by the commission, or |
6 | ordered or prepared by the Supreme Court upon the failure of the |
7 | commission to act, shall be published by the elections officer |
8 | once in at least one newspaper of general circulation in each |
9 | senatorial and representative district. The publication shall |
10 | contain a map of the Commonwealth showing the complete |
11 | reapportionment of the General Assembly by districts, and a map |
12 | showing the reapportionment districts in the area normally |
13 | served by the newspaper in which the publication is made. The |
14 | publication shall also state the population of the senatorial |
15 | and representative districts having the smallest and largest |
16 | population and the percentage variation of such districts from |
17 | the average population for senatorial and representative |
18 | districts. |
19 | (j) For purposes of reapportionment, each incarcerated |
20 | person included in the Federal decennial census shall be |
21 | considered a resident of the last address prior to the current |
22 | incarceration or any other address of legal residence outside of |
23 | a correctional facility. |
24 | Section 2. (a) Upon the first passage by the General |
25 | Assembly of this proposed constitutional amendment, the |
26 | Secretary of the Commonwealth shall proceed immediately to |
27 | comply with the advertising requirements of section 1 of Article |
28 | XI of the Constitution of Pennsylvania and shall transmit the |
29 | required advertisements to two newspapers in every county in |
30 | which such newspapers are published in sufficient time after |
|
1 | passage of this proposed constitutional amendment. |
2 | (b) Upon the second passage by the General Assembly of this |
3 | proposed constitutional amendment, the Secretary of the |
4 | Commonwealth shall proceed immediately to comply with the |
5 | advertising requirements of section 1 of Article XI of the |
6 | Constitution of Pennsylvania and shall transmit the required |
7 | advertisements to two newspapers in every county in which such |
8 | newspapers are published in sufficient time after passage of |
9 | this proposed constitutional amendment. The Secretary of the |
10 | Commonwealth shall submit this proposed constitutional amendment |
11 | to the qualified electors of this Commonwealth at the first |
12 | primary, general or municipal election which meets the |
13 | requirements of and is in conformance with section 1 of Article |
14 | XI of the Constitution of Pennsylvania and which occurs at least |
15 | three months after the proposed constitutional amendment is |
16 | passed by the General Assembly. |
|