

     § 17.  Legislative Reapportionment Commission.
        (a)  In each year following the year of the Federal decennial
     census, a Legislative Reapportionment Commission shall be
     constituted for the purpose of reapportioning the Commonwealth.
     The commission shall act by a majority of its entire membership.
        (b)  The commission shall consist of five members: four of
     whom shall be the majority and minority leaders of both the
     Senate and the House of Representatives, or deputies appointed
     by each of them, and a chairman selected as hereinafter
     provided. No later than 60 days following the official reporting
     of the Federal decennial census as required by Federal law, the
     four members shall be certified by the President pro tempore of
     the Senate and the Speaker of the House of Representatives to
     the elections officer of the Commonwealth who under law shall
     have supervision over elections.
        The four members within 45 days after their certification
     shall select the fifth member, who shall serve as chairman of
     the commission, and shall immediately certify his name to such
     elections officer. The chairman shall be a citizen of the
     Commonwealth other than a local, State or Federal official
     holding an office to which compensation is attached.
        If the four members fail to select the fifth member within
     the time prescribed, a majority of the entire membership of the
     Supreme Court within 30 days thereafter shall appoint the
     chairman as aforesaid and certify his appointment to such
     elections officer.
        Any vacancy in the commission shall be filled within 15 days
     in the same manner in which such position was originally filled.
        (c)  No later than 90 days after either the commission has
     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 with such elections officer.
        The commission shall have 30 days after filing the
     preliminary plan to make corrections in the 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 plan shall be final and have the force of law.
        (d)  Any aggrieved person may file an appeal from the final
     plan directly to the Supreme Court within 30 days after the
     filing thereof. If the appellant establishes that the final plan
     is contrary to law, the Supreme Court shall issue an order
     remanding the plan to the commission and directing the
     commission to reapportion the Commonwealth in a manner not
     inconsistent with such order.
        (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 General Assembly until the next reapportionment
     as required under this section 17.
        (f)  Any district which does not include the residence from
     which a member of the Senate was elected whether or not
     scheduled for election at the next general election shall elect
     a Senator at such election.
        (g)  The General Assembly shall appropriate sufficient funds
     for the compensation and expenses of members and staff appointed
     by the commission, and other necessary expenses. The members of
     the commission shall be entitled to such compensation for their
     services as the General Assembly from time to time shall
     determine, but no part thereof shall be paid until a preliminary
     plan is filed. If a preliminary plan is filed but the commission
     fails to file a revised or final plan within the time
     prescribed, the commission members shall forfeit all right to
     compensation not paid.
        (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.
        (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
     senatorial and representative district. The publication shall
     contain a map of the Commonwealth showing the complete
     reapportionment of the General Assembly by districts, and a map
     showing the reapportionment districts in the area normally
     served by the newspaper in which the publication is made. The
     publication shall also state 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.
     (Apr. 23, 1968, P.L.App.3, Prop. No.2; Nov. 3, 1981, P.L.601,
     J.R.1; May 15, 2001, 2000 P.L.1057, J.R.1)

        2001 Amendment.  Joint Resolution No.1 of 2000 relettered
     subsec. (f) to subsec. (g), subsec. (g) to subsec. (h) and
     subsec. (h) to subsec. (i) and added a new subsec. (f).
        1981 Amendment.  Joint Resolution No.1 amended subsecs. (a)
     and (b).
        1968 Amendment.  Proposal No.2 amended and renumbered former
     section 18 to present section 17. The schedule to Proposal No.2
     provided that section 17, if approved by the electorate voting
     on April 23, 1968, shall become effective the year following
     that in which the next Federal decennial census is officially
     reported as required by Federal law.
        Prior Provisions.  Former section 17 was amended and
     consolidated with present section 16 by amendment of April 23,
     1968, P.L.App.3, Prop. No.1.

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