Full Text of SB0322 99th General Assembly
SB0322sam001 99TH GENERAL ASSEMBLY | Sen. Kwame Raoul Filed: 4/19/2016
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| 1 | | AMENDMENT TO SENATE BILL 322
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 322 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Interstate Compact for Fair Representation Act. | 6 | | Section 5. Interstate Compact for Fair Representation. The | 7 | | Governor is hereby authorized to enter into a compact on behalf | 8 | | of this State with any of the United States legally joining | 9 | | therein in the form substantially as follows: | 10 | | INTERSTATE COMPACT FOR FAIR REPRESENTATION | 11 | | Article I - Membership. | 12 | | Any State of the United States may become a member of this | 13 | | Interstate Compact for Fair Representation by enacting this | 14 | | agreement. |
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| 1 | | Article II - Definitions. | 2 | | In this agreement the following words have the meanings | 3 | | indicated: | 4 | | (a) "Coalition district" means a district where more | 5 | | than one group of racial minorities or language minorities | 6 | | may form a coalition to elect the candidate of the | 7 | | coalition's choice. | 8 | | (b) "Commission" means the independent congressional | 9 | | redistricting commission established by the compacting | 10 | | states under this agreement. | 11 | | (c) "Communities of interest" means a group of people | 12 | | concentrated in a geographic area, such as a specific | 13 | | region or neighborhood, who share similar social, | 14 | | cultural, ethnic, economic, religious, or political | 15 | | interests and priorities. | 16 | | (d) "Competitive district" means a district that has a | 17 | | substantially equal partisan balance. | 18 | | (e) "Crossover district" means a district where a | 19 | | racial minority or language minority constitutes less than | 20 | | a majority of the voting-age population but where this | 21 | | minority, at least potentially, is large enough to elect | 22 | | the candidate of its choice with help from voters who are | 23 | | members of the majority and who cross over to support the | 24 | | minority's preferred candidate. | 25 | | (f) "District" means a congressional district. |
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| 1 | | (g) "Influence district" means a district where a | 2 | | racial minority or language minority can influence the | 3 | | outcome of an election even if its preferred candidate | 4 | | cannot be elected. | 5 | | (h) "Language minority" means a class of voters who are | 6 | | members of a language group receiving protection under the | 7 | | federal Voting Rights Act. | 8 | | (i) "Member state" means each state that has enacted | 9 | | this agreement. | 10 | | (j) "Plan" means the congressional redistricting plan | 11 | | drawn for a member state by the commission under this | 12 | | agreement. | 13 | | (k) "Racial minority" means a class of voters who are | 14 | | members of a race or color group receiving protection under | 15 | | the federal Voting Rights Act. | 16 | | Article III - Independent Congressional Redistricting | 17 | | Commission. | 18 | | Each member state shall establish an independent | 19 | | congressional redistricting commission. The members of the | 20 | | commission shall be appointed no later than February 1 of the | 21 | | year following a federal decennial census. Each member of the | 22 | | commission shall serve a 10-year term. The commission shall be | 23 | | composed as follows: | 24 | | (a) Ten members appointed by the state chair of the | 25 | | political party with the greatest number of seats in the |
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| 1 | | state legislature; | 2 | | (b) Ten members appointed by the state chair of the | 3 | | political party with the second greatest number of seats in | 4 | | the state legislature; | 5 | | (c) The commission must reflect the race and gender | 6 | | demographics of the state; | 7 | | (d) To the extent practicable, the commission should | 8 | | represent distinct geographic regions of the state | 9 | | according to population distribution; | 10 | | (e) To be eligible to become a member of the | 11 | | commission, an individual may not: | 12 | | (1) hold an elected office; | 13 | | (2) be a candidate for an elected office; | 14 | | (3) be the spouse, parent, or child of an | 15 | | individual who holds an elected office or is a | 16 | | candidate for elected office; | 17 | | (4) serve as an officer, an employee, or a paid | 18 | | consultant of a political party or candidate campaign | 19 | | for elected office; | 20 | | (5) be a registered lobbyist; or | 21 | | (6) have held elected office or run as a candidate | 22 | | for elected office at any time during the ten-year | 23 | | period ending on December 31 preceding the date of | 24 | | appointment. | 25 | | Article IV - Vacancy. |
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| 1 | | A vacancy in the commission shall be filled in the manner | 2 | | in which the original appointment was made. | 3 | | Article V - Independent Congressional Redistricting Plan. | 4 | | The commission shall develop a congressional redistricting | 5 | | plan for the member state. The commission's starting point for | 6 | | drawing the plan shall be the member state's census tract map | 7 | | according to the most recent federal decennial census. | 8 | | Adjustments to the map shall then be made as necessary to | 9 | | accomplish the goals as set forth below. Each district shall, | 10 | | in order of priority: | 11 | | (a) Be substantially equal in population. | 12 | | (b) Be consistent with the federal Voting Rights Act | 13 | | and any other applicable federal or state law. | 14 | | (c) Provide racial minorities and language minorities | 15 | | with the equal opportunity to participate in the political | 16 | | process and elect candidates of their choice. | 17 | | (d) Create crossover districts, coalition districts, | 18 | | or influence districts to provide racial minorities and | 19 | | language minorities who constitute less than a voting-age | 20 | | majority of a district with an opportunity to control or | 21 | | substantially influence the outcome of an election. | 22 | | (e) Be contiguous, except to the extent necessary to | 23 | | include any area which is surrounded by a body of water. | 24 | | (f) Respect, to the extent practicable, communities of | 25 | | interest as determined on the basis of census tract or |
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| 1 | | other relevant information. | 2 | | (g) Respect, to the extent practicable, visible | 3 | | geographic features, city, town, and county boundaries, | 4 | | and undivided census tracts. | 5 | | (h) Be compact. | 6 | | To the extent practicable, competitive districts should be | 7 | | favored where to do so would create no significant detriment to | 8 | | goals (a) through (h). | 9 | | Article VI - Population Count. | 10 | | The population count used for the purpose of creating the | 11 | | independent congressional redistricting plan shall count | 12 | | individuals incarcerated in state or federal correctional | 13 | | facilities, as determined by the federal decennial census, at | 14 | | their last known residence before incarceration if the | 15 | | individuals were residents of the member state. The population | 16 | | count may not include individuals incarcerated in state or | 17 | | federal correctional facilities who were not residents of the | 18 | | state before their incarceration. | 19 | | Article VII - Voting. | 20 | | A plan may be adopted by the commission only if: | 21 | | (a) a majority of the full membership of the commission | 22 | | votes for adoption; and | 23 | | (b) at least two members appointed by the state chair | 24 | | of the political party with the greatest number of seats in |
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| 1 | | the state legislature, and at least two members appointed | 2 | | by the state chair of the political party with the second | 3 | | greatest number of seats in the state legislature, vote for | 4 | | adoption. | 5 | | Article VIII - Timing. | 6 | | The commission shall adopt a redistricting plan following | 7 | | each federal decennial census. The commission shall not adopt | 8 | | any redistricting plan mid-decade before the next federal | 9 | | decennial census. | 10 | | Article IX - Internet Website. | 11 | | As soon as practicable after establishing the commission, | 12 | | the member state shall establish and maintain a public Internet | 13 | | website for the commission which meets all of the following | 14 | | requirements: | 15 | | (a) The site is updated continuously to provide advance | 16 | | notice of commission hearings and to otherwise provide | 17 | | timely information on the activities of the commission. | 18 | | (b) The site contains the most recent available | 19 | | information from the United States Bureau of the Census on | 20 | | voting-age population, voter registration, and voting in | 21 | | the state, including precinct-level and census tract-level | 22 | | data as well as detailed maps reflecting such information. | 23 | | (c) The site includes interactive software that | 24 | | enables any individual to design a redistricting plan for |
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| 1 | | the member state in accordance with the criteria described | 2 | | in Article IV. | 3 | | (d) The site permits any individual to submit a | 4 | | proposed redistricting plan to the commission, and to | 5 | | submit questions, comments, and other information with | 6 | | respect to the commission's activities. | 7 | | Article X - Public Hearings. | 8 | | The commission shall operate in an open and transparent | 9 | | manner and shall solicit public feedback in drawing a plan. The | 10 | | commission shall hold public hearings in distinct geographic | 11 | | regions of the state according to population distribution at | 12 | | which members of the public may provide input, including | 13 | | submitting proposed redistricting plans. The commission shall | 14 | | hold at least one public hearing in each congressional district | 15 | | and shall hold the following minimum number of hearings: | 16 | | (a) A member state with at least 3 congressional | 17 | | districts shall hold at least 6 hearings. | 18 | | (b) A member state with no fewer than 3 but not more | 19 | | than 6 congressional districts shall hold at least 8 | 20 | | hearings. | 21 | | (c) A member state with no fewer than 6 but not more | 22 | | than 9 congressional districts shall hold at least 12 | 23 | | hearings. | 24 | | (d) A member state with no fewer than 9 but not more | 25 | | than 15 congressional districts shall hold at least 18 |
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| 1 | | hearings. | 2 | | (e) A member state with no fewer than 15 but not more | 3 | | than 20 congressional districts shall hold at least 22 | 4 | | hearings. | 5 | | (f) A member state with more than 20 congressional | 6 | | districts shall hold at least one hearing for each district | 7 | | plus 5 additional hearings. | 8 | | Article XI - Public Notice. | 9 | | (a) Hearings. Not fewer than 7 days before a public | 10 | | hearing, the commission shall issue public notice of the | 11 | | hearing time and location, including but not limited to | 12 | | posting the notice on the commission's website. | 13 | | (b) Submission to legislature. Not fewer than 7 days | 14 | | before submitting a redistricting plan to the legislature, | 15 | | the commission shall issue public notice, including but not | 16 | | limited to posting the notice on the commission's web site. | 17 | | The notice shall contain the following information: | 18 | | (1) A detailed version of the plan, including a map | 19 | | showing each congressional district established under | 20 | | the plan and the voting-age population by race of each | 21 | | district; | 22 | | (2) A statement providing specific information on | 23 | | the commission's methodology for drawing the plan and | 24 | | how the plan would serve the public interest; | 25 | | (3) Any dissenting statements of any members of the |
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| 1 | | commission who did not approve of submitting the plan | 2 | | to the legislature. | 3 | | Article XII - Submission of Plan to Legislature. | 4 | | The commission shall submit its redistricting plan to the | 5 | | legislature of the member state no later than June 1 of the | 6 | | year following a federal decennial census. | 7 | | Article XIII - Consideration of Plan by Legislature. | 8 | | After receiving any redistricting plan submitted by the | 9 | | commission, the legislature shall, by July 1 of the year | 10 | | following a federal decennial census: | 11 | | (a) Approve the plan as submitted by the commission | 12 | | without amendment and forward the plan to the chief | 13 | | executive of the member state; or | 14 | | (b) Reject the plan and provide a written statement to | 15 | | the commission explaining the reasons for rejecting the | 16 | | plan. | 17 | | Article XIV - Enactment of Plan. | 18 | | The enactment of the district map submitted by the | 19 | | commission shall occur in the capitol city of the member state | 20 | | no later than July 15 of the year following a federal decennial | 21 | | census. A redistricting plan developed by the commission shall | 22 | | be considered to be enacted into law if the plan is forwarded | 23 | | to the chief executive of the state and: |
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| 1 | | (a) The chief executive approves the plan as forwarded | 2 | | by the legislature without amendment; or | 3 | | (b) The chief executive vetoes the plan and the | 4 | | legislature overrides the veto without amendment in | 5 | | accordance with the applicable law of the member state. | 6 | | In the case of a member state in which the chief executive | 7 | | is prohibited under state law from acting on a redistricting | 8 | | plan, the plan developed by the commission shall be considered | 9 | | to be enacted into law if the legislature approves the plan as | 10 | | submitted by the commission without amendment. | 11 | | Article XV - Failure to Enact Plan. | 12 | | If the legislature rejects the plan submitted by the | 13 | | commission or the chief executive of the member state vetoes | 14 | | the plan and the legislature does not override the veto, the | 15 | | commission shall revise and modify the plan and resubmit it to | 16 | | the legislature no later than August 1 of the year following a | 17 | | federal decennial census. The legislature shall, as provided in | 18 | | Article XIII, either approve the plan without amendment and | 19 | | forward to the chief executive, or reject the plan and provide | 20 | | the commission with a written statement explaining the reasons | 21 | | for rejection, no later than August 15 of the year following a | 22 | | federal decennial census. | 23 | | Article XVI - Judicial Review. | 24 | | If a redistricting plan developed by the commission is not |
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| 1 | | enacted into law by September 1 of the year following a federal | 2 | | decennial census, the commission shall submit its | 3 | | redistricting plans to the highest court of the member state, | 4 | | which shall select one of the submitted plans to serve as the | 5 | | redistricting plan for the state no later than October 1 of the | 6 | | year following a federal decennial census. The court may not | 7 | | modify any redistricting plan submitted by the commission. | 8 | | Article XVII - Other Laws. | 9 | | Nothing in this agreement shall be construed, applied, or | 10 | | implemented in a way that imposes any requirement or obligation | 11 | | that conflicts with the United States Constitution or any | 12 | | federal law regarding redistricting congressional districts, | 13 | | including but not limited to the Voting Rights Act. | 14 | | Article XVIII - Effective Date. | 15 | | The several states are invited to concur in this agreement | 16 | | by enactment of a similar act. This agreement shall take effect | 17 | | when every state with three or more congressional districts at | 18 | | the time of redistricting has enacted this agreement in | 19 | | substantially the same form and the enactments by such states | 20 | | have taken effect in each state. It shall continue in effect if | 21 | | a member state with 3 congressional districts loses a district | 22 | | following a federal decennial census occurring after the | 23 | | agreement takes effect. If, following a federal decennial | 24 | | census occurring after the agreement takes effect, a non-member |
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| 1 | | state is entitled to an additional congressional district that | 2 | | would bring the non-member state's total number of | 3 | | congressional districts to 3 or more, the agreement shall be | 4 | | suspended until the non-member state enacts this agreement and | 5 | | the enactment takes effect. | 6 | | The chief executive of each member state shall promptly | 7 | | notify the chief executive of all other states when this | 8 | | agreement has been enacted in that official's state or when the | 9 | | state has withdrawn from this agreement. | 10 | | Article XIX - Withdrawal. | 11 | | Any member state may withdraw from this agreement, except | 12 | | that a withdrawal occurring 6 months or less before a general | 13 | | election in which any member of Congress is on the ballot shall | 14 | | not become effective until after the election results are | 15 | | certified. | 16 | | Article XX - Compliance. | 17 | | A member state is not required to comply with this compact | 18 | | if: | 19 | | (a) the commission of any member state fails to adopt a | 20 | | congressional redistricting plan; or | 21 | | (b) the Attorney General of any member state determines | 22 | | that another member state has repealed, replaced, or failed | 23 | | to implement any aspect of this compact, including but not | 24 | | limited to failing to establish an independent |
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| 1 | | redistricting commission or failing to implement the | 2 | | district map adopted by the commission. | 3 | | Article XXI - Severability. | 4 | | If any provision of this agreement is held invalid, the | 5 | | remaining provisions shall not be affected. | 6 | | Article XXII - Enforcement. | 7 | | The agencies and officers of each member state and its | 8 | | subdivisions shall enforce this compact and do all things | 9 | | appropriate to effect its purpose and intent that may be within | 10 | | their respective jurisdictions, including but not limited to | 11 | | adopting any legislation or regulations necessary to implement | 12 | | this agreement.
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.".
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