Bill Text: MI SB0302 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Legislature; apportionment; congressional redistricting commission; create. Amends secs. 2 & 3 of 1999 PA 221 (MCL 3.62 & 3.63).

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2011-03-24 - Referred To Committee On Government Operations [SB0302 Detail]

Download: Michigan-2011-SB0302-Introduced.html

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SENATE BILL No. 302

 

 

March 24, 2011, Introduced by Senators BIEDA, WHITMER, SMITH, HUNTER, ANDERSON, GREGORY, JOHNSON, GLEASON, WARREN and YOUNG and referred to the Committee on Government Operations.

 

 

 

     A bill to amend 1999 PA 221, entitled

 

"Congressional redistricting act,"

 

by amending sections 2 and 3 (MCL 3.62 and 3.63).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. (1) The congressional redistricting commission is

 

created within the department of state.

 

     (2) The congressional 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 congressional

 

redistricting commission shall be appointed within 30 days after

 

the effective date of the amendatory act that added this

 

subsection.

 

     (4) A member of the congressional 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 congressional redistricting

 

commission, the party or individual who appointed that member under

 

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

 

     (6) The first meeting of the commission shall be called by the

 

chairperson. 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 congressional

 

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 this

 

state.

 

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

 

redistricting plan on the website 72 hours before voting on the

 

plan. The commission shall not change a redistricting plan unless

 

those changes have been posted on the website for 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.

 

     (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 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.

 

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

 

     (13) A member of the congressional redistricting commission

 

shall serve without compensation. However, a member of the

 

congressional 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, 2011, and every 10 years thereafter, the

 

congressional redistricting commission shall prepare a

 

congressional redistricting plan and shall deliver that plan to the

 

legislature. If 6 members of the congressional 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 congressional

 

redistricting plan submitted to the legislature under this

 

subsection shall be voted upon by the legislature before any other

 

redistricting plan is enacted. Not later than November 1, 2001, and

 

every 10 years thereafter, the legislature shall enact a

 

redistricting plan for congressional districts apportioned to

 

Michigan.

 

     (15) As used in this section:

 

     (a) "Commission" means the congressional redistricting

 

commission created in subsection (1).

 

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

 

election.

 

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

 

under 1978 PA 472, MCL 4.411 to 4.431.

 

     (d) "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.

 

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

 

exempt from federal income tax pursuant to section 501 or 527 of

 

the internal revenue code of 1986, 26 USC 501 or 527.

 

     Sec. 3. Except as otherwise required by federal law for

 

congressional districts in this state, the congressional

 

redistricting commission or legislature shall prepare the

 

redistricting plan shall be enacted using only these guidelines in

 

the following order of priority:

 

     (a) The constitutional guideline is that each congressional

 

district shall achieve precise mathematical equality of population

 

in each district.

 

     (b) The federal statutory guidelines in no order of priority

 

are as follows:

 

     (i) Each congressional district shall be entitled to elect a

 

single member.

 

     (ii) Each congressional district shall not violate section 2 of

 

title I of the voting rights act of 1965, Public Law 89-110, 42

 

U.S.C. USC 1973.

 

     (c) The secondary guidelines in order of priority are as

 

follows:

 

     (i) Each congressional district shall consist of areas of

 

convenient territory contiguous by land. Areas that meet only at

 

points of adjoining corners are not contiguous.

 

     (ii) Congressional district lines shall break as few county

 

boundaries as is reasonably possible.

 

     (iii) If it is necessary to break county lines to achieve

 

equality of population between congressional districts as provided

 

in subdivision (a), the number of people necessary to achieve

 

population equality shall be shifted between the 2 districts

 

affected by the shift.

 

     (iv) Congressional district lines shall break as few city and

 

township boundaries as is reasonably possible.

 

     (v) If it is necessary to break city or township lines to

 

achieve equality of population between congressional districts as

 

provided in subdivision (a), the number of people necessary to

 

achieve population equality shall be shifted between the 2

 

districts affected by the shift.

 

     (vi) Within a city or township to which there is apportioned

 

more than 1 congressional district, district lines shall be drawn

 

to achieve the maximum compactness possible.

 

     (vii) 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.

 

     (viii) 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:

 

     (A) The city must be split to achieve equality of population

 

between congressional districts as provided in subdivision (a) and

 

it is practicable to keep the township together within 1 district.

 

     (B) A township island is contained within a whole city and a

 

split of the city would be required to keep the township intact.

 

     (C) 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.

 

     (ix) Each congressional district shall be numbered in a regular

 

series, beginning with congressional district 1 in the northwest

 

corner of the state and ending with the highest numbered district

 

in the southeast corner of the state.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No.____ (request no.

 

00871'11 a) of the 96th Legislature is enacted into law.