Bill Text: MI HB4122 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Legislature; apportionment; citizens redistricting commission; create. Creates new act. TIE BAR WITH: HJR B'17
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-01 - Bill Electronically Reproduced 01/31/2017 [HB4122 Detail]
Download: Michigan-2017-HB4122-Introduced.html
HOUSE BILL No. 4122
January 31, 2017, Introduced by Reps. Moss, Hoadley, Camilleri, Schor, Hammoud, Wittenberg, Love, Chang, Pagan, Rabhi, Elder, Faris, Sneller, Geiss, Sowerby, Lasinski, Robinson, Hertel, Cochran, Peterson, Dianda, Chirkun and Zemke and referred to the Committee on Elections and Ethics.
A bill to create a citizens redistricting commission and
prescribe its powers and duties; to provide for the powers and
duties of certain state governmental officers and entities; and to
repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Commission" means the citizens redistricting commission.
(b) "Day" means a calendar day, except that if the final day
of a period within which an act is to be performed is a Saturday,
Sunday, or holiday, the period is extended to the next day that is
not a Saturday, Sunday, or holiday.
(c) "Panel" means the applicant review panel.
(d) "Qualified independent auditor" means an auditor who has
been a practicing independent auditor for at least 10 years before
appointment to the applicant review panel.
Sec. 2. (1) By January 1, 2020, and by January 1 in each year
ending in the number zero thereafter, the auditor general shall
initiate an application process, open to all registered voters in
this state in a manner that promotes a diverse and qualified
applicant pool.
(2) The auditor general shall remove from the applicant pool
individuals with conflicts of interest, including any of the
following:
(a) An applicant, or member of his or her immediate family,
who, within the 10 years immediately preceding the date of
application, has done any of the following:
(i) Been appointed to, elected to, or have been a candidate
for federal or state office.
(ii) Served as an officer, employee, or paid consultant of a
political party or of the campaign committee of a candidate for
elective federal or state office.
(iii) Served as an elected or appointed member of a political
party central committee.
(iv) Been a registered federal, state, or local lobbyist.
(v) Served as paid congressional or legislative staff.
(vi) Contributed $2,000.00 or more to any congressional,
state, or local candidate for elective public office in any year.
The amount under this subparagraph must be adjusted every 10 years
by the cumulative change in the consumer price index.
(b) Staff and consultants to, persons under a contract with,
and any person with an immediate family relationship with the
governor, a member of the legislature, or a member of congress. As
used in this subdivision, "immediate family" includes parents,
children, siblings, and in-laws.
(3) The auditor general shall establish an applicant review
panel, consisting of 3 qualified independent auditors, to screen
applicants. The auditor general shall randomly draw the names of 3
qualified independent auditors from a pool. The auditor general
shall draw until the names of 3 auditors have been drawn, including
1 who is a member of the political party whose candidate for
governor received the highest number of votes at the last general
election, 1 who is a member of the political party whose candidate
for governor received the second highest number of votes at the
last general election, and 1 who is not affiliated with either of
those political parties. After the drawing, the auditor general
shall notify the 3 qualified independent auditors whose names have
been drawn that they have been selected to serve on the panel. If
any of the 3 qualified independent auditors decline to serve on the
panel, the auditor general shall resume the random drawing until 3
qualified independent auditors who meet the requirements of this
subsection have agreed to serve on the panel. A member of the panel
is subject to the conflict of interest provisions set forth in
subsection (2).
(4) After removing individuals with conflicts of interest from
the applicant pool, the auditor general shall, no later than August
1, 2020, and by August 1 in each year ending in the number zero
thereafter, publicize the names in the applicant pool and provide
copies of their applications to the panel.
(5) From the applicant pool, the panel shall select 60 of
the most qualified applicants, including 20 who are members of the
political party whose candidate for governor received the highest
number of votes at the last general election, 20 who are members of
the political party whose candidate for governor received the
second highest number of votes at the last general election, and 20
who are not members of either of the 2 political parties. These
subpools must be created on the basis of relevant analytical
skills, ability to be impartial, and appreciation for this state's
diverse demographics and geography. The members of the panel shall
not communicate with any member of the legislature or congressional
member, or their representatives, about any matter related to the
nomination process or applicants before the presentation by the
panel of the pool of recommended applicants to the secretary of the
senate and the clerk of the house of representatives under
subsection (6).
(6) By October 1, 2020, and by October 1 in each year ending
in the number zero thereafter, the panel shall present its pool of
recommended applicants to the secretary of the senate and the clerk
of the house of representatives. No later than November 15, 2020,
and by November 1 in each year ending in the number zero
thereafter, the president pro tempore of the senate, the minority
floor leader of the senate, the speaker of the house of
representatives, and the minority floor leader of the house of
representatives may each strike up to 2 applicants from each
subpool of 20. After all legislative leaders have exercised their
strikes, the secretary of the senate and the clerk of the house of
representatives shall jointly present the pool of remaining names
to the auditor general.
(7) No later than November 20, 2020, and by November 20 in
each year ending in the number zero thereafter, the auditor general
shall randomly draw 8 names from the remaining pool of applicants
as follows: 3 from the remaining subpool who are members of the
political party whose candidate for governor received the highest
number of votes at the last general election, 3 from the remaining
subpool who are members of the political party whose candidate for
governor received the second highest number of votes at the last
general election, and 2 from the remaining subpool of applicants
who are not affiliated with either of the 2 political parties.
These 8 individuals shall serve on the commission.
(8) No later than December 31, 2020, and by December 31 in
each year ending in the number zero thereafter, the 8 commissioners
shall review the remaining names in the pool of applicants and
appoint 6 applicants to the commission as follows: 2 from the
remaining subpool who are members of the political party whose
candidate for governor received the highest number of votes at the
last general election, 2 from the remaining subpool who are members
of the political party whose candidate for governor received the
second highest number of votes at the last general election, and 2
from the remaining subpool of applicants who are not affiliated
with either of the 2 political parties. The 6 appointees must be
approved by at least 5 affirmative votes, including at least 2
votes of commissioners registered from each of the 2 parties and 1
vote from a commissioner who is not affiliated with either of the 2
political parties. The 6 appointees shall be chosen to ensure that
the commission reflects this state's diversity, including, but not
limited to, racial, ethnic, geographic, and gender diversity.
However, it is not intended that formulas or specific ratios be
applied for this purpose. Applicants shall also be chosen based on
relevant analytical skills and ability to be impartial.
Sec. 3. (1) In the event of substantial neglect of duty, gross
misconduct in office, or inability to discharge the duties of
office, the governor may remove a member of the commission with the
concurrence of 2/3 of the members elected to and serving in the
senate after the member has been served written notice and has been
provided with an opportunity for a response. A finding of
substantial neglect of duty or gross misconduct in office may
result in referral to the attorney general for criminal prosecution
or the appropriate administrative agency for investigation.
(2) Any vacancy, whether created by removal, resignation, or
absence, in the 14 commission positions must be filled within the
30 days after the vacancy occurs from the pool of applicants of the
same voter registration category as the vacating nominee that was
remaining as of November 20 in the year in which that pool was
established. If none of those remaining applicants are available
for service, the auditor general shall fill the vacancy from a new
pool created for the same voter registration category in accordance
with section 2.
Sec. 4. (1) The activities of the commission are subject to
all of the following:
(a) The business that the commission may perform shall be
conducted at a public meeting of the commission held in compliance
with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(b) A writing prepared, owned, used, in the possession of, or
retained by the commission in the performance of an official
function is subject to the freedom of information act, 1976 PA 442,
MCL 15.231 to 15.246.
(c) Commission members and staff may not communicate with or
receive communications about redistricting matters from anyone
outside of a public hearing. This subdivision does not prohibit
communication between commission members, staff, legal counsel, and
consultants retained by the commission that is otherwise permitted
by the open meetings act, 1976 PA 267, MCL 15.261 to 15.275,
outside of a public hearing.
(d) The commission shall select, by the voting process
prescribed in the state constitution of 1963, 1 of its members to
serve as the chair and 1 to serve as vice chair. The chair and vice
chair shall not be of the same party.
(e) The commission shall hire commission staff, legal counsel,
and consultants as needed. The commission shall establish clear
criteria for the hiring and removal of these individuals,
communication protocols, and a code of conduct. The commission
shall apply the conflicts of interest listed in section 2 to the
hiring of staff to the extent applicable. The secretary of state
shall provide support functions to the commission until its staff
and office are fully functional. The commission shall require that
at least 1 of the legal counsel hired by the commission has
demonstrated extensive experience and expertise in implementation
and enforcement of the federal voting rights act of 1965, 52 USC
10101 to 10702. The commission shall make hiring, removal, or
contracting decisions on staff, legal counsel, and consultants by 9
or more affirmative votes, including at least 3 votes of members of
the political party whose candidate for governor received the
highest number of votes at the last general election, 3 votes of
members of the political party whose candidate for governor
received the second highest number of votes at the last general
election, and 3 votes from members who are not members of either of
the 2 political parties.
(f) Notwithstanding any other provision of law, an employer
shall not discharge, threaten to discharge, intimidate, coerce, or
retaliate against any employee by reason of that employee's
attendance or scheduled attendance at any meeting of the
commission.
(g) The commission shall establish and implement an open
hearing process for public input and deliberation that is subject
to public notice and promoted through a thorough outreach program
to solicit broad public participation in the redistricting public
review process. The hearing process must include hearings to
receive public input before the commission draws any maps and
hearings following the drawing and display of any commission maps.
In addition, hearings must be supplemented with other activities as
appropriate to further increase opportunities for the public to
observe and participate in the review process. The commission shall
display the maps for public comment in a manner designed to achieve
the widest public access reasonably possible. Public comment shall
be taken for at least 14 days from the date of public display of
any map.
(2) The legislature shall take all steps necessary to ensure
that a complete and accurate computerized database is available for
redistricting and that procedures are in place to provide the
public with ready access to redistricting data and computer
software for drawing maps. Upon the commission's formation and
until its dissolution, the legislature shall coordinate these
efforts with the commission.
Sec. 5. Members of the commission must be compensated at the
rate of $300.00 for each day the member is engaged in commission
business. For each succeeding commission, the rate of compensation
must be adjusted in each year ending in 9 by the cumulative change
in the consumer price index. Members of the panel and the
commission are eligible for reimbursement of personal expenses
incurred in connection with the duties performed under this act. A
member's residence is considered to be the member's post of duty
for purposes of reimbursement of expenses.
Enacting section 1. 1996 PA 463, MCL 4.261 to 4.265, is
repealed.
Enacting section 2. The congressional redistricting act, 1999
PA 221, MCL 3.61 to 3.64, is repealed.
Enacting section 3. 1999 PA 222, MCL 3.71 to 3.75, is
repealed.
Enacting section 4. This act does not take effect unless
Senate Joint Resolution ____ or House Joint Resolution B ____
(request no. 00594'17) of the 99th Legislature becomes a part of
the state constitution of 1963 as provided in section 1 of article
XII of the state constitution of 1963.
