CSSB 99(FIN): "An Act to clarify the meaning of 'decennial census of the United States' in art. VI, Constitution of the State of Alaska, to prevent discrimination in the redistricting of the house of representatives and the senate, and to prohibit expenditures of public funds for population surveys or sampling for certain purposes relating to legislative redistricting without an appropriation."
00CS FOR SENATE BILL NO. 99(FIN) 01 "An Act to clarify the meaning of 'decennial census of the United States' in 02 art. VI, Constitution of the State of Alaska, to prevent discrimination in the 03 redistricting of the house of representatives and the senate, and to prohibit 04 expenditures of public funds for population surveys or sampling for certain 05 purposes relating to legislative redistricting without an appropriation." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. FINDINGS. The legislature finds that 08 (1) the United States Bureau of the Census has traditionally conducted an 09 actual enumeration of the American people and reported the results of that actual enumeration, 10 without statistical adjustment, to the states for purposes of redistricting; 11 (2) the United States Bureau of the Census has announced plans to use 12 sampling and estimates to adjust the actual population counts in the 2000 census; 13 (3) the United States Supreme Court, in Department of Commerce v. United 14 States House, 119 S.Ct. 765 (1999), has interpreted existing federal law to prohibit the use of
01 adjusted or estimated figures in reapportioning the seats in the United States House of 02 Representatives among the states; 03 (4) the United States Supreme Court, in Department of Commerce v. United 04 States House, 119 S.Ct. 765 (1999), declined to address the constitutionality of the use of 05 sampling and estimates by the census bureau in developing decennial census counts; 06 (5) the United States Supreme Court's decision in Department of Commerce 07 v. United States House, 119 S.Ct. 765 (1999), did not resolve the issue of whether the census 08 bureau may supply states with adjusted or estimated census figures for use in redistricting; 09 (6) each decade since statehood, Alaska's redistricting plan has been the 10 subject of expensive litigation; 11 (7) Alaska's redistricting plans are subject to ongoing review by the United 12 States Department of Justice under the Voting Rights Act; 13 (8) in the past, Alaska's redistricting boards have sometimes relied on surveys 14 and population estimates in order to remove Alaska's military population from the decennial 15 census figures in order to comply with the former wording of art. VI, secs. 3 and 5, 16 Constitution of the State of Alaska, which referred to the "civilian population"; 17 (9) although recent amendments to the Constitution of the State of Alaska have 18 removed the reference to "civilian" population, court precedent regarding the exclusion of non- 19 resident military personnel and civilian "transients" remains (see Egan v. Hammond, 502 P.2d 20 856, 869 (Alaska 1972); Groh v. Egan, 526 P.2d 863, 869-874 (Alaska 1974); Carpenter v. 21 Hammond, 667 P.2d 1204, 1210-1213 (Alaska 1983); Hickel v. Southeast Conference, 846 22 P.2d 38, 54-56 (Alaska 1992)). 23 * Sec. 2. INTENT. It is the intent of the legislature to eliminate confusion in the event 24 the census bureau's report of the decennial census includes more than one population figure 25 for Alaska, to facilitate the work of the redistricting board by identifying the appropriate 26 census figures to be used in developing a redistricting plan, to avoid litigation over the board's 27 redistricting plan, and to prevent discrimination against any segment of Alaska's population. 28 * Sec. 3. AS 15.10 is amended by adding new sections to read: 29 Article 2. Census and Population. 30 Sec. 15.10.200. Definition of "decennial census of the United States" and 31 use of census numbers by redistricting board. (a) In art. VI, Constitution of the
01 State of Alaska, reference to the official decennial census of the United States is a 02 reference to the census enumeration used to establish apportionment among the several 03 states. 04 (b) The redistricting plan adopted under art. VI, Constitution of the State of 05 Alaska, may not use census numbers that are estimates or that have been adjusted 06 based on sampling, nor may the redistricting plan exclude or discriminate among 07 persons counted based on race, religion, color, national origin, sex, age, occupation, 08 military or civilian status, or length of residency. 09 Sec. 15.10.210. Expenditures for population surveys or sampling 10 prohibited. An expenditure of public funds may not be made for a population survey 11 or sampling conducted for purposes of redistricting the legislature without an express 12 appropriation by the legislature for that purpose.