Bill Text: MI HB4557 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Legislature; apportionment; hearings on legislative redistricting plans; require. Amends sec. 1 of 1996 PA 463 (MCL 4.261).
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Introduced - Dead) 2011-04-21 - Printed Bill Filed 04/15/2011 [HB4557 Detail]
Download: Michigan-2011-HB4557-Introduced.html
HOUSE BILL No. 4557
April 14, 2011, Introduced by Reps. Byrum, Lindberg, Hovey-Wright, Bauer, Townsend, Brown, Santana, Cavanagh, Dillon, Switalski, Ananich, Melton, Smiley, Brunner, Stanley, Slavens, Meadows, McCann and Nathan and referred to the Committee on Redistricting and Elections.
A bill to amend 1996 PA 463, entitled
"An act to establish guidelines for the decennial adoption of
redistricting plans for the senate and house of representatives; to
provide original jurisdiction to the supreme court to review
redistricting plans enacted by the legislature for compliance with
those guidelines; and to provide a procedure for the supreme court
to use to redistrict the senate and house of representatives under
certain circumstances,"
by amending section 1 (MCL 4.261).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) By November 1, 2001, and every 10 years
thereafter, the legislature shall enact a redistricting plan for
the senate and house of representatives. Before enacting any
redistricting plan under this act and at least 45 days after the
official total population count of the federal decennial census is
available, the legislature shall hold at least 6 public hearings on
any legislative redistricting plan. At least 1 of the hearings
required under this subsection shall take place in each of the
following locations in this state:
(a) The Upper Peninsula.
(b) The northern part of the Lower Peninsula, north of a line
drawn along the northern boundaries of the counties of Bay,
Midland, Isabella, Mecosta, Newaygo, and Oceana.
(c) Southwestern Michigan, those counties south of the region
described in subdivision (b) and west of a line drawn along the
western boundaries of the counties of Bay, Saginaw, Shiawassee,
Ingham, Jackson, and Hillsdale.
(d) Southeastern Michigan, the remaining counties of the
state.
(2) The legislature shall not report any redistricting plan
from committee until at least 30 days after the hearings in
subsection (1) are held. Except as otherwise required by federal
law for legislative districts in this state, the redistricting plan
shall be enacted using only the following guidelines:
(a) The senate districts shall consist of 38 single-member
districts.
(b) The house of representatives districts shall consist of
110 single-member districts.
(c) Senate and house of representatives districts shall be
areas of convenient territory contiguous by land. Areas that meet
only at the points of adjoining corners are not contiguous.
(d) Senate and house of representatives districts shall have a
population not exceeding 105% and not less than 95% of the ideal
district size for the senate or the house of representatives unless
and until the United States supreme court establishes a different
range of allowable population divergence for state legislative
districts.
(e) Senate and house of representatives district lines shall
preserve county lines with the least cost to the principle of
equality of population provided for in subdivision (d).
(f) If it is necessary to break county lines to stay within
the range of allowable population divergence provided for in
subdivision (d), the fewest whole cities or whole townships
necessary shall be shifted. Between 2 cities or townships, both of
which will bring the districts into compliance with subdivisions
(d) and (h), the city or township with the lesser population shall
be shifted.
(g) Within those counties to which there is apportioned more
than 1 senate district or house of representatives district,
district lines shall be drawn on city and township lines with the
least cost to the principle of equality of population between
election districts consistent with the maximum preservation of city
and township lines and without exceeding the range of allowable
divergence provided for in subdivision (d).
(h) If it is necessary to break city or township lines to stay
within the range of allowable divergence provided for in
subdivision (d), the number of people necessary to achieve
population equality shall be shifted between the 2 districts
affected by the shift, except that in lieu of absolute equality the
lines may be drawn along the closest street or comparable boundary.
(i) Within a city or township to which there is apportioned
more than 1 senate district or house of representatives district,
district lines shall be drawn to achieve the maximum compactness
possible within a population range of 98% to 102% of absolute
equality between districts within that city or township.
(j) Compactness shall be determined by circumscribing each
district within a circle of minimum radius and measuring the area,
not part of the Great Lakes and not part of another state, inside
the circle but not inside the district.
(k) If a discontiguous township island exists within an
incorporated city or discontiguous portions of townships are split
by an incorporated city, the splitting of the township shall not be
considered a split if any of the following circumstances exist:
(i) The city must be split to stay within the range of
allowable divergence provided for in subdivision (d) and it is
practicable to keep the township together within 1 district.
(ii) A township island is contained within a whole city and a
split of the city would be required to keep the township intact.
(iii) The discontiguous portion of a township cannot be included
in the same district with another portion of the same township
without creating a noncontiguous district.
(l) Senate and house districts shall not violate the precedents
established in Miller v Johnson, 115 S Ct 2475; 132 L Ed 2d 762
(1995); Bush v Vera, 116 S Ct 1941; 135 L Ed 2d 248 (1996); and,
Shaw v Hunt, 116 S Ct 1894; 135 L Ed 2d 207 (1996).
