2006 Legislation
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SENATE BILL NO. 1448 – Reapportionment comm, members

SENATE BILL NO. 1448

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S1448aa....................................................by STATE AFFAIRS
REAPPORTIONMENT COMMISSION - Amends existing law to provide that for
geographic representation in appointments to the commission, no more than
one commission member residing in any single county may be appointed from
each political party; to provide procedures for convening a commission when
a plan is invalidated and a commission is called to meet further; and to
revise criteria to govern a legislative plan.
                                                                        
03/14    Senate intro - 1st rdg - to printing
03/15    Rpt prt - to St Aff
03/20    Rpt out - to 14th Ord
03/28    Rpt out amen - to engros
03/29    Rpt engros - 1st rdg - to 2nd rdg as amen
03/30    2nd rdg - to 3rd rdg as amen
    Ret'd to St Aff

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1448
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE ORGANIZATION AND PROCEDURES OF THE REAPPORTIONMENT COMMISSION;
  3        AMENDING SECTION 72-1502, IDAHO CODE, TO LIMIT APPOINTMENTS TO THE COMMIS-
  4        SION TO ONE MEMBER FROM ANY COUNTY, TO PROHIBIT MEMBERS OF THE LEGISLATURE
  5        FROM SERVING, TO  DELETE  LANGUAGE  PROHIBITING  AN  ELECTED  OFFICIAL  OR
  6        ELECTED  LEGISLATIVE  DISTRICT, COUNTY OR STATE PARTY OFFICER FROM SERVING
  7        ON THE COMMISSION, TO PROVIDE THAT A PERSON WHO HAS SERVED ON A COMMISSION
  8        FOR REAPPORTIONMENT SHALL BE PRECLUDED FROM SERVING IN EITHER HOUSE OF THE
  9        LEGISLATURE FOR TWO YEARS FOLLOWING SUCH SERVICE ON THE COMMISSION; AMEND-
 10        ING SECTION 72-1505, IDAHO CODE, TO PROVIDE A PROCEDURE  FOR  CONVENING  A
 11        COMMISSION  WHEN  A PLAN IS INVALIDATED AND A COMMISSION IS CALLED TO MEET
 12        FURTHER; AND AMENDING SECTION 72-1506, IDAHO CODE, TO REVISE  CRITERIA  TO
 13        GOVERN A LEGISLATIVE PLAN.
                                                                        
 14    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 15        SECTION  1.  That  Section 72-1502, Idaho Code, be, and the same is hereby
 16    amended to read as follows:
                                                                        
 17        72-1502.  MEMBERS. The president pro tempore of the senate, the speaker of
 18    the house of representatives, and the minority leaders of the senate  and  the
 19    house of representatives shall each designate one (1) member of the commission
 20    and the state chairmen of the two (2) largest political parties, determined by
 21    the vote cast for governor in the last gubernatorial election, shall each des-
 22    ignate  one  (1)  member of the commission. Appointing authorities should give
 23    consideration to achieving geographic representation in  appointments  to  the
 24    commission  No  more  than  one  (1)  member appointed to the commission shall
 25    reside in any single county. The first appointment filed with  the  office  of
 26    the  secretary  of  state shall be deemed to fill the allowed appointment from
 27    that county and that shall  govern  the  appointments  to  be  made  by  other
 28    appointing authorities. If an appointing authority does not select the members
 29    within  fifteen (15) calendar days following the secretary of state's order to
 30    form the commission, such members shall be appointed by the supreme court.
 31        Should a vacancy on the commission occur during the tenure  of  a  commis-
 32    sion,  the secretary of state shall issue an order officially recognizing such
 33    vacancy. The vacancy shall be filled  by  the  original  appointing  authority
 34    within  fifteen (15) days of the order. Should the original appointing author-
 35    ity fail to make the appointment within fifteen (15) days, the  vacancy  shall
 36    be filled by the supreme court.
 37        No person may serve on the commission who:
 38        (1)  Is not a registered voter of the state at the time of selection; or
 39        (2)  Is or has been within one (1) year a registered lobbyist; or
 40        (3)  Is  or  has  been  within two (2) years prior to selection an elected
 41    official or elected legislative district, county or state party  officer.  The
 42    provisions of this subsection do not apply to the office of precinct committee
 43    person serving as a member of either house of the legislature.
                                                                        
                                           2
                                                                        
  1        A  person who has served on a commission for reapportionment shall be pre-
  2    cluded from serving in either house of the legislature for five two (52) years
  3    following such service on the commission.
                                                                        
  4        SECTION 2.  That Section 72-1505, Idaho Code, be, and the same  is  hereby
  5    amended to read as follows:
                                                                        
  6        72-1505.  ORGANIZATION  AND  PROCEDURE.  The commissioners shall elect, by
  7    majority vote, a member or members to serve  as  chairman  or  cochairmen  and
  8    other officers as they may determine.
  9        All  proceedings of the commission shall be governed by the following pro-
 10    cedure:
 11        (1)  All meetings of the commission shall be subject to the provisions  of
 12    the open meeting law.
 13        (2)  The commission shall provide notice of all meetings to any citizen or
 14    organization requesting the same.
 15        (3)  Copies  of  the  validated  census  database, and all other databases
 16    available to the commission, will be provided in a form, as determined by  the
 17    commission, to any person at cost.
 18        (4)  The  commission  shall  hold  meetings  in different locations in the
 19    state in order to maximize the opportunity for public participation.
 20        (5)  A quorum of the commission shall consist of four (4) members. In  the
 21    event  there  is  a  previously scheduled meeting, less than a quorum may take
 22    testimony and information, but no votes other than to set a future agenda,  to
 23    prepare for future meetings, and to adjourn or recess, may be taken. Any final
 24    action  of  the  commission shall be by a vote of two-thirds (2/3) of the full
 25    membership of the commission.
 26        (6)  A member must be present to vote.
 27        (7)  A redistricting plan may be presented to the commission by  an  indi-
 28    vidual  citizen  or  organization. All such plans shall be public information.
 29    Any citizen or organization shall provide a current mailing address and  tele-
 30    phone number to accompany any plan submitted.
 31        (8)  If  a plan is invalidated by court action and a commission is charged
 32    with further action, appointing authorities shall  appoint  a  new  commission
 33    which  may  be composed of individuals who served on the initial commission or
 34    individuals without previous service, at  the  discretion  of  the  appointing
 35    authority. The term of a commission member is ninety (90) days.
                                                                        
 36        SECTION  3.  That  Section 72-1506, Idaho Code, be, and the same is hereby
 37    amended to read as follows:
                                                                        
 38        72-1506.  CRITERIA GOVERNING PLANS. Congressional and  legislative  redis-
 39    tricting  plans considered by the commission, and plans adopted by the commis-
 40    sion, shall be governed by the following criteria:
 41        (1)  The total state population as reported by the U.S. census bureau, and
 42    the population of subunits determined therefrom, shall be exclusive  permissi-
 43    ble data.
 44        (2)  To  the maximum extent possible, districts shall preserve traditional
 45    neighborhoods and local communities of interest.
 46        (3)  Districts shall be substantially equal in population and should  seek
 47    to  comply  with  all applicable federal standards and statutes. No final plan
 48    adopted by the commission for legislative districts shall have a total popula-
 49    tion deviation of more than ten percent (10%).
 50        (4)  To the maximum extent possible, the plan should  avoid  drawing  dis-
 51    tricts that are oddly shaped.
                                                                        
                                           3
                                                                        
  1        (5)  Division  of  counties  should be avoided whenever possible. Counties
  2    should be divided into districts not wholly contained within that county  only
  3    to the extent reasonably necessary to meet the requirements of the equal popu-
  4    lation  principle.  In  the event that a county must be divided, the number of
  5    such divisions, per county, should be kept to a minimum.
  6        (65)  To the extent that counties must be  divided  to  create  districts,
  7    such districts shall be composed of contiguous counties.
  8        (76)  District  boundaries should shall retain, as far as practicable, the
  9    local voting precinct boundary lines, to the extent provided those lines  com-
 10    ply with the provisions of section 34-306, Idaho Code.
 11        (7)  District  boundaries  shall  be  initially established in counties in
 12    which the population is less than two hundred thousand (200,000).
 13        (8)  Counties shall not be divided to protect a particular political party
 14    or a particular incumbent No district boundary shall be drawn to fully  encom-
 15    pass another district.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                                     Moved by    Stennett            
                                                                        
                                                     Seconded by Langhorst           
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENTS TO S.B. NO. 1448
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed bill, delete lines 17 through 43 and on  page  2,
  3    delete lines 1 through 3 and insert:
  4        "72-1502.  MEMBERS.  The  president pro tempore of the senate, the speaker
  5    of the house of representatives, and the minority leaders of  the  senate  and
  6    the  house  of representatives shall each designate one (1) member of the com-
  7    mission and the state chairmen of  the  two  (2)  largest  political  parties,
  8    determined  by  the vote cast for governor in the last gubernatorial election,
  9    shall each designate one (1) member of the commission. Appointing  authorities
 10    should give consideration to achieving To provide geographic representation in
 11    appointments  to the commission, no more than one (1) commission member resid-
 12    ing in any single county may be appointed from each  political  party.  If  an
 13    appointing  authority does not select the members within fifteen (15) calendar
 14    days following the secretary of state's order to  form  the  commission,  such
 15    members shall be appointed by the supreme court.
 16        Should  a  vacancy  on the commission occur during the tenure of a commis-
 17    sion, the secretary of state shall issue an order officially recognizing  such
 18    vacancy.  The  vacancy  shall  be  filled by the original appointing authority
 19    within fifteen (15) days of the order. Should the original appointing  author-
 20    ity  fail  to make the appointment within fifteen (15) days, the vacancy shall
 21    be filled by the supreme court.
 22        No person may serve on the commission who:
 23        (1)  Is not a registered voter of the state at the time of selection; or
 24        (2)  Is or has been within one (1) year a registered lobbyist; or
 25        (3)  Is or has been within two (2) years prior  to  selection  an  elected
 26    official  or  elected legislative district, county or state party officer. The
 27    provisions of this subsection do not apply to the office of precinct committee
 28    person.
 29        A person who has served on a commission for reapportionment shall be  pre-
 30    cluded from serving in either house of the legislature for five (5) years fol-
 31    lowing such service on the commission.".
                                                                        
 32                                AMENDMENT TO SECTION 2
 33        On  page  2,  in  line  35,  delete "ninety (90)" and insert: "one hundred
 34    twenty (120)".
                                                                        
 35                                AMENDMENT TO SECTION 3
 36        On page 2 delete lines 47 through 49  and  insert:  "to  comply  with  all
 37    applicable federal standards and statutes.".
 38        On  page  3,  in  line  8,  delete "should shall" and insert: "should" and
 39    delete lines 11 through 15 and insert:
 40        "(87)  Counties shall not be divided to  protect  a  particular  political
 41    party or a particular incumbent.".
                                                                        
                                          2
                                                                        
  1                                 CORRECTION TO TITLE
  2        On page 1, delete lines 3 through 9 and insert: "AMENDING SECTION 72-1502,
  3    IDAHO  CODE,  TO PROVIDE THAT FOR GEOGRAPHIC REPRESENTATION IN APPOINTMENTS TO
  4    THE COMMISSION, NO MORE THAN ONE COMMISSION  MEMBER  RESIDING  IN  ANY  SINGLE
  5    COUNTY MAY BE APPOINTED FROM EACH POLITICAL PARTY; AMEND-".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1448, As Amended
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE ORGANIZATION AND PROCEDURES OF THE REAPPORTIONMENT COMMISSION;
  3        AMENDING SECTION 72-1502, IDAHO CODE, TO PROVIDE THAT FOR GEOGRAPHIC  REP-
  4        RESENTATION IN APPOINTMENTS TO THE COMMISSION, NO MORE THAN ONE COMMISSION
  5        MEMBER  RESIDING IN ANY SINGLE COUNTY MAY BE APPOINTED FROM EACH POLITICAL
  6        PARTY; AMENDING SECTION 72-1505, IDAHO CODE, TO PROVIDE  A  PROCEDURE  FOR
  7        CONVENING  A  COMMISSION  WHEN  A  PLAN IS INVALIDATED AND A COMMISSION IS
  8        CALLED TO MEET FURTHER; AND  AMENDING  SECTION  72-1506,  IDAHO  CODE,  TO
  9        REVISE CRITERIA TO GOVERN A LEGISLATIVE PLAN.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION  1.  That  Section 72-1502, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        72-1502.  MEMBERS. The president pro tempore of the senate, the speaker of
 14    the house of representatives, and the minority leaders of the senate  and  the
 15    house of representatives shall each designate one (1) member of the commission
 16    and the state chairmen of the two (2) largest political parties, determined by
 17    the vote cast for governor in the last gubernatorial election, shall each des-
 18    ignate  one  (1)  member of the commission. Appointing authorities should give
 19    consideration to achieving To provide geographic  representation  in  appoint-
 20    ments  to  the  commission, no more than one (1) commission member residing in
 21    any single county may be appointed from each political party. If an appointing
 22    authority does not select the members within fifteen (15) calendar  days  fol-
 23    lowing  the  secretary  of  state's order to form the commission, such members
 24    shall be appointed by the supreme court.
 25        Should a vacancy on the commission occur during the tenure  of  a  commis-
 26    sion,  the secretary of state shall issue an order officially recognizing such
 27    vacancy. The vacancy shall be filled  by  the  original  appointing  authority
 28    within  fifteen (15) days of the order. Should the original appointing author-
 29    ity fail to make the appointment within fifteen (15) days, the  vacancy  shall
 30    be filled by the supreme court.
 31        No person may serve on the commission who:
 32        (1)  Is not a registered voter of the state at the time of selection; or
 33        (2)  Is or has been within one (1) year a registered lobbyist; or
 34        (3)  Is  or  has  been  within two (2) years prior to selection an elected
 35    official or elected legislative district, county or state party  officer.  The
 36    provisions of this subsection do not apply to the office of precinct committee
 37    person.
 38        A  person who has served on a commission for reapportionment shall be pre-
 39    cluded from serving in either house of the legislature for five (5) years fol-
 40    lowing such service on the commission.
                                                                        
 41        SECTION 2.  That Section 72-1505, Idaho Code, be, and the same  is  hereby
 42    amended to read as follows:
                                                                        
                                           2
                                                                        
  1        72-1505.  ORGANIZATION  AND  PROCEDURE.  The commissioners shall elect, by
  2    majority vote, a member or members to serve  as  chairman  or  cochairmen  and
  3    other officers as they may determine.
  4        All  proceedings of the commission shall be governed by the following pro-
  5    cedure:
  6        (1)  All meetings of the commission shall be subject to the provisions  of
  7    the open meeting law.
  8        (2)  The commission shall provide notice of all meetings to any citizen or
  9    organization requesting the same.
 10        (3)  Copies  of  the  validated  census  database, and all other databases
 11    available to the commission, will be provided in a form, as determined by  the
 12    commission, to any person at cost.
 13        (4)  The  commission  shall  hold  meetings  in different locations in the
 14    state in order to maximize the opportunity for public participation.
 15        (5)  A quorum of the commission shall consist of four (4) members. In  the
 16    event  there  is  a  previously scheduled meeting, less than a quorum may take
 17    testimony and information, but no votes other than to set a future agenda,  to
 18    prepare for future meetings, and to adjourn or recess, may be taken. Any final
 19    action  of  the  commission shall be by a vote of two-thirds (2/3) of the full
 20    membership of the commission.
 21        (6)  A member must be present to vote.
 22        (7)  A redistricting plan may be presented to the commission by  an  indi-
 23    vidual  citizen  or  organization. All such plans shall be public information.
 24    Any citizen or organization shall provide a current mailing address and  tele-
 25    phone number to accompany any plan submitted.
 26        (8)  If  a plan is invalidated by court action and a commission is charged
 27    with further action, appointing authorities shall  appoint  a  new  commission
 28    which  may  be composed of individuals who served on the initial commission or
 29    individuals without previous service, at  the  discretion  of  the  appointing
 30    authority. The term of a commission member is one hundred twenty (120) days.
                                                                        
 31        SECTION  3.  That  Section 72-1506, Idaho Code, be, and the same is hereby
 32    amended to read as follows:
                                                                        
 33        72-1506.  CRITERIA GOVERNING PLANS. Congressional and  legislative  redis-
 34    tricting  plans considered by the commission, and plans adopted by the commis-
 35    sion, shall be governed by the following criteria:
 36        (1)  The total state population as reported by the U.S. census bureau, and
 37    the population of subunits determined therefrom, shall be exclusive  permissi-
 38    ble data.
 39        (2)  To  the maximum extent possible, districts shall preserve traditional
 40    neighborhoods and local communities of interest.
 41        (3)  Districts shall be substantially equal in population and should  seek
 42    to comply with all applicable federal standards and statutes.
 43        (4)  To  the  maximum  extent possible, the plan should avoid drawing dis-
 44    tricts that are oddly shaped.
 45        (5)  Division of counties should be avoided  whenever  possible.  Counties
 46    should  be divided into districts not wholly contained within that county only
 47    to the extent reasonably necessary to meet the requirements of the equal popu-
 48    lation principle. In the event that a county must be divided,  the  number  of
 49    such divisions, per county, should be kept to a minimum.
 50        (65)  To  the  extent  that  counties must be divided to create districts,
 51    such districts shall be composed of contiguous counties.
 52        (76)  District boundaries should retain, as far as practicable, the  local
 53    voting precinct boundary lines, to the extent provided those lines comply with
                                                                        
                                           3
                                                                        
  1    the provisions of section 34-306, Idaho Code.
  2        (87)  Counties  shall  not  be  divided  to protect a particular political
  3    party or a particular incumbent.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 16196C2

This legislation would limit appointments to the Reapportionment
Commission to no more than one member from any single county.  It
would also prohibit members of the Legislature from serving;
deletes language prohibiting an elected official or elected
legislative district; county or state party officer from serving on
the commission.  This also provides that a person who has served on
a commission for reapportionment shall be precluded from serving in
either House of the Legislature for two years following such
service on the commission.  This also provides a procedure for
convening a commission when a plan is invalidated and a commission
is called to meet further.  Defines allowable district deviation to
be no greater than 10%.  It amends Idaho Code to revise criteria to
govern a Legislative redistricting plan.



                           FISCAL NOTE

No fiscal impact.





Contact
Name: Senator Robert L. Geddes 
Phone: 332-1300


STATEMENT OF PURPOSE/FISCAL NOTE                             S 1448