View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
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
]]]] 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.
]]]] 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-".
]]]] 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
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