Illinois General Assembly - Full Text of HB1393
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Full Text of HB1393  97th General Assembly


Rep. Mike Fortner

Filed: 3/8/2011





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2    AMENDMENT NO. ______. Amend House Bill 1393 by replacing
3everything after the enacting clause with the following:
4    "Section 5. If and only if Senate Bill 3976 of the 96th
5General Assembly becomes law, then the Illinois Voting Rights
6Act of 2011 is amended by changing Section 5-5 as follows:
7    (09600SB3976enr, Sec. 5-5)
8    Sec. 5-5. Redistricting.
9    (a) In any redistricting plan pursuant to Article IV,
10Section 3 of the Illinois Constitution, Legislative Districts
11and Representative Districts shall be drawn, subject to
12subsection (d) of this Section, to create majority-minority
13districts, crossover districts, coalition districts, or
14influence districts. The number of majority-minority districts
15created throughout the entire redistricting plan for a specific
16racial minority or language minority shall be substantially



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1proportional to the total population of the respective racial
2minority or language minority within the State. Legislative and
3Representative Districts shall not be drawn with the intent or
4effect of dispersing or concentrating racial or language
5minority populations in a manner that prevents a racial
6minority or language minority from electing its candidates of
7choice. The requirements imposed by this Article are in
8addition and subordinate to any requirements or obligations
9imposed by the United States Constitution, any federal law
10regarding redistricting Legislative Districts or
11Representative Districts, including but not limited to the
12federal Voting Rights Act, and the Illinois Constitution.
13    (b) The phrase "crossover district" means a district where
14a racial minority or language minority constitutes less than a
15majority of the voting-age population but where this minority,
16at least potentially, is large enough to elect the candidate of
17its choice with help from voters who are members of the
18majority and who cross over to support the minority's preferred
19candidate. The phrase "coalition district" means a district
20where more than one group of racial minorities or language
21minorities may form a coalition to elect the candidate of the
22coalition's choice. The phrase "influence district" means a
23district where a racial minority or language minority can
24influence the outcome of an election even if its preferred
25candidate cannot be elected. The phrase "majority-minority
26district" means a district where a racial minority or language



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1minority compose a numerical majority of the voting-age
2population and are able to elect a candidate of their choice.
3    (c) For purposes of this Act, the phrase "racial minorities
4or language minorities", in either the singular or the plural,
5means the same class of voters who are members of a race,
6color, or language minority group receiving protection under
7the federal Voting Rights Act, 42 U.S.C. § 1973; 42 U.S.C. §
81973b(f)(2); 42 U.S.C. § 1973aa-1a(e).
9    (d) Nothing in this Act shall be construed, applied, or
10implemented in a way that imposes any requirement or obligation
11that conflicts with the United States Constitution, any federal
12law regarding redistricting Legislative Districts or
13Representative Districts, including but not limited to the
14federal Voting Rights Act, or the Illinois Constitution.
15    (e) In the event of a violation of this Act, the
16redistricting plan shall be redrawn to the least extent
17necessary to remedy the violation.
18(Source: 09600SB3976enr.)
19    Section 10. If and only if Senate Bill 3976 of the 96th
20General Assembly becomes law, then the Redistricting
21Transparency and Public Participation Act is amended by
22changing Section 10-5 as follows:
23    (09600SB3976enr, Sec. 10-5)
24    Sec. 10-5. Committees; notices; hearings; public



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1participation. In the year following each federal decennial
2census year, the Senate and House of Representatives shall each
3establish a committee, or the Senate and House of
4Representatives may create by joint resolution a joint
5committee of both chambers, to consider proposals to redistrict
6the Legislative Districts or Representative Districts, as
7applicable. Within 3 days after After the receipt of the
8federal decennial census data from the United States Census
9Bureau federal government, the each committee shall make that
10data, together with redistricting software, available to the
11public. Each committee or joint committee must conduct at least
124 public hearings on separate days around 4 distinct geographic
13regions of the State. At least 3 of the hearings shall be after
14receipt of the data from the United States Census Bureau. or
15joint committee must conduct at least 4 public hearings
16statewide to receive testimony and inform the public on the
17applicable existing Districts, with one hearing held in each of
184 distinct geographic regions of the State determined by the
19respective committee. All hearings shall be open to the public.
20The Chairperson of each committee or the Co-Chairpersons of a
21joint committee, as applicable, shall, no later than 6 days
22before any proposed hearing, post a notice with the Secretary
23of the Senate, Clerk of the House, or both, as applicable. The
24notice shall identify any proposed redistricting plan measure
25and subject matter that may be considered during that hearing.
26The notice shall contain the day, hour, and place of the



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1hearing. Prior to voting on any proposed redistricting plan,
2each committee or joint committee shall hold at least 4 public
3hearings on the proposed redistricting plan on separate days
4around 4 distinct geographic regions of the State. At least 7
5days prior to those 4 public hearings, the committee or joint
6committee shall make available to the public any proposed
7redistricting plan, including a detailed map showing all
8Legislative and Representative Districts established under the
9plan and statistics demonstrating the total population of each
10District and voting age population of any racial minority or
11language minority within each District.
12(Source: 09600SB3976enr.)
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".