HB164 By Representative Black RFD State Government Rd 1 09-FEB-16

SYNOPSIS: Under existing law, the Permanent Legislative Committee on Reapportionment, comprised of members of the Legislature, is responsible for preparing a reapportionment plan for state legislative districts and congressional districts.

This bill would establish a temporary redistricting commission, to establish legislative and State Board of Education districts after each United States census.

This bill would provide for the appointment of members to the redistricting commission.

This bill would prohibit state legislators and members of the State Board of Education from attempting to influence members of the redistricting commission when establishing district boundaries.

This bill would also require the Permanent Legislative Committee on Reapportionment to provide data, maps, and technical assistance to the redistricting commission as needed.

A BILL TO BE ENTITLED AN ACT

Relating to redistricting; to establish a temporary redistricting commission to establish legislative and State Board of Education districts after each United States census; to provide for the appointment of members to the redistricting commission; to prohibit state legislators and members of the State Board of Education from attempting to influence members of the redistricting commission when establishing district boundaries; and to require the Permanent Legislative Committee on Reapportionment to provide data, maps, and technical assistance to the redistricting commission as needed.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 29-2-51 and 29-2-52, Code of Alabama 1975, are amended to read as follows:

§29-2-51.

"(a) There is hereby created a permanent legislative committee to be known as the Permanent Legislative Committee on Reapportionment, hereinafter referred to as the "committee."

"(b) Except during the quadrennium in which the United States census is released and the Legislature is actually involved with the reapportionment process, the committee shall be composed of six members appointed during the organizational session of each quadrennium to serve each quadrennium as follows: Three members of the Senate to be appointed by the Lieutenant Governor and three members of the House to be appointed by the Speaker of the House.

"The committee members shall select from among its numbers a Senator and a member of the House of Representatives to serve as co-chairpersons for the quadrennium to preside over meetings of the committee. Whenever the Legislature is not in regular or special session, each member of the committee shall be entitled to his or her usual legislative pay, travel expenses, and per diem for each day he or she spends in attending any such meeting or conducting business of the committee within or without the state.

"(c) In those quadrenniums in which the United States official decennial census is released and while the Legislature is actually involved in the reapportionment process, the committee shall be composed of 22 members as follows: One member of the House of Representatives from each congressional district, four members of the House of Representatives at-large to be appointed by the Speaker of the House and one member of the Senate from each congressional district, four members of the Senate at-large, to be appointed by the Lieutenant Governor. Upon the completion of the reapportionment process, the committee composition shall revert to the six member committee provided in subsection (b) hereof.

"(d) After the 2020 federal census and each federal census thereafter, the committee shall continue to prepare election districts for seats in the United States Congress; however districts for members of the Alabama Legislature and the State Board of Education shall be prepared by the state redistricting commission as provided in subsection (e) in the form of a bill for consideration by the Legislature.

"(e)(1) Not later than 60 days after the United States census is released, a redistricting commission shall be established to provide for the redistricting of state legislative districts and State Board of Education districts. The redistricting commission shall consist of five members. One member shall be appointed to the commission by each of the following, respectively: The President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Minority Leader of the Senate, and the Minority Leader of the House of Representatives. At a meeting called by the Secretary of State not later than 30 days after the last appointment to the commission, the four commission members shall select by majority vote a fifth member who shall serve as chair.

"(2) No more than two members may reside in the same county. Each member must be a registered Alabama voter who has been continuously registered for three or more years immediately preceding appointment and who is committed to applying this section in an honest, independent, and impartial fashion and to upholding public confidence in the integrity of the redistricting process. Within the three years preceding appointment, members may not have been appointed to, elected to, or a candidate for any public office or served as an officer of a political party, as a registered lobbyist, or as an officer of a candidate's campaign committee.

"(3) Three or more affirmative votes are required for any official action. When a quorum of the commission is present, the commission shall conduct business in meetings open to the public, with at least 48 hours public notice required.

"(4) Members of the Legislature and members of the State Board of Education may not contact or otherwise attempt to influence any member of the redistricting commission.

"(5) The commission shall establish legislative and State Board of Education district boundaries in a manner that prevents two or more incumbents from being placed in the same district and shall be made as necessary to accommodate the following goals:

"a. Districts must comply with the United States Constitution and the United States Voting Rights Act.

"b. Districts must have equal population to the extent practicable.

"c. Districts must be geographically compact and contiguous to the extent practicable.

"d. District boundaries must respect communities of interest to the extent practicable.

"e. To the extent practicable, district lines must use visible geographic features, city, town, and county boundaries, and undivided census tracts.

"(6) The commission shall make a draft map of legislative districts and a draft map of State Board of Education districts available to the public for comment. Comments must be taken for at least 30 days; provided, however, the commission may not accept any comments made by or on behalf of a member of the Legislature or a member of the State Board of Education.

"(7) Districts created by the commission are not effective until enacted into law.

" (8) The commission shall automatically terminate on the date of the first general election at which districts created by the redistricting commission are used.

§29-2-52.

"(a) The committee shall make a continuous study of the reapportionment problems in Alabama seeking solutions thereto, and shall seek expertise, when deemed necessary, from among knowledgeable state officials and employees, academic personnel and others involved in demographic studies and other census matters.

"(b) The committee shall make such reports of its investigations, findings, and recommendations to the Legislature at any time, during any regular or special session of the Legislature, as it may deem necessary.

"(c) The committee shall engage in such activities as it deems necessary for the preparation and formulation of a reapportionment plan for the next ensuing reapportionment and each reapportionment thereafter, and readjustment or alteration of Senate and House districts and of congressional districts of the state.

"(d) The committee, subject to the approval of the Legislative Council, may employ consultants, technicians, attorneys, and any other experts needed to prepare maps and make professional appearances to support any plan of reapportionment adopted by the Legislature. Such expenses of the committee shall be paid out of any funds appropriated by the Legislature for the use of the committee.

"(e) The committee may make and sign any agreements and to do and perform any acts that may be necessary, desirable, or proper to carry out the purposes and objectives of the provisions herein set forth.

"(f) The committee may complete any contract executed and conduct any business undertaken or commenced by the Legislature pertaining to or connected with the reapportionment and readjustment or alteration of Senate and House and congressional districts prior to the enactment of this article, and the same shall be completed and conducted in the same manner and under the same terms and conditions and with the same effect as if completed and conducted by the Legislature.

"(g) (f) The committee may meet within and without the state, hold public hearings, and otherwise have all of the powers of a legislative committee under the legislative law.

"(h) (g) The committee may request and receive from any court, department, division, board or bureau, commission, or agency of the state or any political subdivision thereof such assistance and data as will enable it to properly carry out its powers and duties hereunder.

"(h) The committee shall provide such data, maps, and technical assistance as needed by the redistricting commission as provided in subsection (e) of Section 29-2-51 for the redrawing of districts of the Legislature and the State Board of Education."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Redistricting

Legislature

Board of Education, State

Elections

Secretary of State

Code Amended