2002 Legislation
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HOUSE BILL NO. 738 – Approp, Redistricting, add’l


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Daily Data Tracking History

H0738.....................................................by APPROPRIATIONS
APPROPRIATIONS - Appropriates an additional $50,000 to the Legislative
Council for redistricting; and reappropriates the unexpended and
unencumbered fund balance.
03/14    House intro - 1st rdg - to printing
    Rpt prt - to 2nd rdg
    Rls susp - PASSED - 56-8-6
      AYES -- Barraclough, Bedke, Bell, Black, Block, Boe, Bolz, Bradford,
      Bruneel, Callister, Campbell, Clark, Collins, Crow, Denney, Ellis,
      Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley,
      Hammond, Henbest, Hornbeck, Jaquet, Jones, Kendell, Kunz, Lake,
      Langford, Loertscher, Mader, Martinez, Meyer, Montgomery, Mortensen,
      Moyle, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Sali,
      Schaefer, Sellman, Shepherd, Smith(33), Smylie, Stevenson, Tilman,
      Trail, Wheeler, Young, Mr. Speaker
      NAYS -- Barrett, Bieter, Cuddy, McKague, Pearce, Robison, Smith(23),
      Absent and excused -- Aikele, Deal, Harwood, Higgins, Kellogg, Stone
    Floor Sponsor - Bell
    Title apvd - to Senate
03/14    Senate intro - 1st rdg - to Fin
03/15    Rpt out - rec d/p - to 2nd rdg
    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 26-8-1
      AYES -- Andreason, Boatright, Brandt, Bunderson, Burtenshaw, Cameron,
      Darrington, Davis, Deide, Dunklin, Geddes, Goedde, Hill, Ingram,
      Ipsen, Keough, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy,
      Schroeder, Sorensen, Stennett
      NAYS -- Branch, Frasure, Hawkins, King-Barrutia, Sims, Thorne,
      Wheeler, Williams
      Absent and excused -- Stegner
    Floor Sponsor - Cameron
    Title apvd - to House
03/15    To enrol
    Rpt enrol - Sp signed - Pres signed
03/18    To Governor
03/21    Governor signed
         Session Law Chapter 178
         Effective: 03/21/02

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 738
                                BY APPROPRIATIONS COMMITTEE
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION  1.  In  addition  to the appropriation made in Section 1, Chapter
  7    235, Laws of 2001, there is hereby appropriated to the Legislative Council the
  8    following amount to be expended for the designated  program  from  the  listed
  9    fund for the period July 1, 2001, through June 30, 2002:
 11    General Fund                                                           $50,000
 12        SECTION  2.  There is hereby reappropriated to the Legislative Council the
 13    unexpended and unencumbered balance of the appropriation made in Section 1  of
 14    this act for the period July 1, 2002, through June 30, 2003.
 15        SECTION  3.  An  emergency  existing  therefor,  which emergency is hereby
 16    declared to exist, this act shall be in full force and effect on and after its
 17    passage and approval.

Statement of Purpose / Fiscal Impact

Statement of Purpose

Regarding the Commission on Redistricting, Article 3, Section 2 of the Idaho Constitution says that the “legislature shall appropriate funds to enable the commission to carry out its duties.” A total of $485,800 has been appropriated for that purpose to date. Ninety-five percent of that amount has been spent, leaving about $22,100 to cover all future Commission on Redistricting expenses.

The General Fund money requested in this appropriation would provide contingency funding for continued Redistricting Commission activities, should they be necessary. If the Idaho Supreme Court upholds the Commission’s latest legislative redistricting plan, it is likely that none of these contingency funds would be needed. All unspent funds would be returned to the General Fund.

Once every ten years, after each national census, states must equalize the population of their legislative and congressional districts by adjusting district boundaries. Due to a 1994 constitutional amendment, a six person, bipartisan, citizens’ commission was responsible for redistricting in Idaho after the 2000 census. Idaho’s first Commission on Redistricting was formed in June 2000 and adopted new legislative and congressional redistricting plans less than 90 days later. The Commission’s legislative plan was challenged by citizens from Madison County and the Bingham County Commission. All such challenges go directly to the Idaho Supreme Court. The Court ruled the plan unconstitutional on November 29, 2001. It directed the Commission to reconvene and adopt a new plan. The Commission did so on January 8, 2002. That plan was challenged by citizens from Bannock County and again by Bingham County. On March 1, the Idaho Supreme Court overturned the Commission’s work a second time. The Commission met on March 9 and adopted a third legislative redistricting plan. This plan could also be challenged. Should the Court continue to find the Commission’s work unconstitutional, this cycle could repeat indefinitely. The Court might also prescribe a different remedy.



Fiscal Note

This FY 2002 supplemental appropriation is for $50,000 in one-time General Fund money. Any unspent funds will be returned to the General Fund.


Contact: Ross Borden 334-4745

Legislative Services Office, Budget & Policy Analysis

Statement of Purpose/Fiscal Note Bill No. H738