Bill Text: MI SB0082 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Legislature; apportionment; legislative redistricting commission; create. Amends secs. 1, 1a & 2 of 1996 PA 463 (MCL 4.261 et seq.) & repeals secs. 3 & 4 of 1996 PA 463 (MCL 4.263 & 4.264).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-02-01 - Referred To Committee On Government Operations [SB0082 Detail]

Download: Michigan-2017-SB0082-Introduced.html

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SENATE BILL No. 82

 

 

February 1, 2017, Introduced by Senators BIEDA, GREGORY, CONYERS, JOHNSON and YOUNG and referred to the Committee on Government Operations.

 

 

 

     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 sections 1, 1a, and 2 (MCL 4.261, 4.261a, and 4.262),

 

section 1a as added and section 2 as amended by 1999 PA 223; and to

 

repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) The legislative redistricting commission is

 

created within the department of state.

 

     (2) The legislative redistricting commission shall consist of

 

9 members, appointed as follows:

 

     (a) Four members appointed by the political party whose

 

candidate for the office of governor received the highest number of

 

votes at the last general election in which a governor was elected

 

preceding redistricting.

 

     (b) Four members appointed by the political party whose

 

candidate for the office of governor received the second highest

 

number of votes at the last general election in which a governor

 

was elected preceding redistricting.

 

     (c) One member, who shall serve as chairperson of the

 

commission, appointed by the auditor general.

 

     (3) The members first appointed to the legislative

 

redistricting commission must be appointed within 30 days after the

 

effective date of the amendatory act that added this subsection.

 

     (4) A member of the legislative redistricting commission shall

 

serve for a term of 2 years or until a successor is appointed,

 

whichever is later.

 

     (5) If a vacancy occurs on the legislative redistricting

 

commission, the party or individual who appointed that member under

 

subsection (2) shall make an appointment for the unexpired term.

 

     (6) The chairperson of the commission shall call the first

 

meeting of the commission. After the first meeting, the commission

 

shall meet at least quarterly, or more frequently at the call of

 

the chairperson or if requested by 5 or more members. The

 

commission shall hold at least 6 public hearings before voting on

 

any legislative redistricting plan. At least 1 of the hearings

 

required under this subsection must 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

 

not included in subdivisions (a) to (c).

 

     (7) The commission shall establish a website and post any

 

redistricting plan on that website at least 72 hours before voting

 

on that plan. The commission shall not change a redistricting plan

 

unless those changes have been posted on the website for at least

 

72 hours.

 

     (8) A lobbyist, or an officer or employee of the federal or

 

state government, unless the officer or employee is the member

 

appointed by the auditor general, is not eligible to serve on the

 

commission. A member of the commission is not eligible for election

 

to the legislature until 4 years after the redistricting in which

 

he or she participated becomes effective.

 

     (9) A majority of the members of the commission constitute a

 

quorum for the transaction of business at a meeting of the

 

commission. A majority of the members present and serving are

 

required for official action of the commission.

 

     (10) The business that the commission may perform must 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.

     (11) 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.

 

     (12) A member of the commission shall not solicit or accept a

 

gift or loan of money, goods, services, or other thing of value

 

from a lobbyist, an individual who holds an elective office, a

 

state employee or federal employee, or a 501 or 527 organization.

 

     (13) A member of the legislative redistricting commission

 

serves without compensation. However, a member of the legislative

 

redistricting commission may be reimbursed for his or her actual

 

and necessary expenses incurred in the performance of official

 

duties as a member of the commission.

 

     (14) By September 1, 2021, and every 10 years thereafter, the

 

legislative redistricting commission shall prepare a legislative

 

redistricting plan and shall deliver that plan to the legislature.

 

If 6 members of the legislative redistricting commission cannot

 

agree on a plan, the members appointed under subsection (2)(a)

 

shall submit a proposed plan to the legislature and the members

 

appointed under subsection (2)(b) shall submit a proposed plan to

 

the legislature by September 15. A legislative redistricting plan

 

submitted to the legislature under this subsection shall be voted

 

upon by the legislature before any other redistricting plan is

 

enacted. By November 1, 2001, 2021, and every 10 years thereafter,

 

the legislature shall enact a redistricting plan for the senate and

 

house of representatives. Except as otherwise required by federal

 

law for legislative districts in this state, the commission or

legislature shall prepare the legislative redistricting plan shall

 

be enacted using only the following guidelines:

 

     (a) The senate districts shall must consist of 38 single-

 

member districts.

 

     (b) The house of representatives districts shall must consist

 

of 110 single-member districts.

 

     (c) Senate and house of representatives districts shall must

 

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 must

 

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 Supreme Court

 

establishes a different range of allowable population divergence

 

for state legislative districts.

 

     (e) Senate and house of representatives district lines shall

 

must 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 must 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 must 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 must 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 is 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 must 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).

 

     (15) As used in this section:

 

     (a) "Commission" means the legislative redistricting

 

commission created in subsection (1).

 

     (b) "Elective office" means a public office filled by an

 

election.

 

     (c) "501 or 527 organization" means an organization that is

 

exempt from federal income tax under section 501 or 527 of the

 

internal revenue code, 26 USC 501 or 527.

 

     (d) "Lobbyist" means a lobbyist or lobbyist agent registered

 

under 1978 PA 472, MCL 4.411 to 4.431.

 

     (e) "State employee" means a classified member of the state

 

civil service or an unclassified employee of the executive,

 

legislative, or judicial branch of state government.

 

     Sec. 1a. Senate and house districts shall not violate section

 

2 of title I of the voting rights act of 1965, Public Law 89-110,

 

42 U.S.C. 1973.52 USC 10301.

 

     Sec. 2. (1) The supreme court shall have has original and

 

exclusive state jurisdiction to hear and decide all cases or

controversies in Michigan's 1 court of justice involving a

 

redistricting plan under this act. A case or controversy in

 

Michigan's 1 court of justice involving a redistricting plan under

 

this act shall not be commenced in or heard by the state court of

 

appeals or any state trial court.

 

     (2) If a case or controversy involves a legislative

 

redistricting plan but an application or petition for review has

 

not been filed under subsection (3) or section 3, the supreme court

 

may, but is not required to, undertake all or a portion of the

 

procedures described in section 4.

 

     (2) (3) Upon the application of an elector filed not later

 

than 60 days after the adoption of the enactment of a redistricting

 

plan, the supreme court, exercising original state jurisdiction

 

provided under section 6 of article IV of the state constitution of

 

1963, may review any plan enacted by the legislature , and may

 

modify that plan or shall remand that plan to a special master the

 

legislative redistricting commission for further action if the plan

 

fails to comply with section 1 or 1a.

 

     Enacting section 1. Sections 3 and 4 of 1996 PA 463, MCL 4.263

 

and 4.264, are repealed.