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HCS CSSB 99(JUD): "An Act providing for preparation for redistricting before appointment of the Redistricting Board; relating to preclearance under the Voting Rights Act of 1965, as amended; clarifying the meaning of 'decennial census of the United States' in art. VI, Constitution of the State of Alaska; prohibiting discrimination and use of census numbers that are estimates or that have been adjusted based on sampling in the redistricting of the house of representatives and the senate; and prohibiting expenditures of public funds for population surveys or sampling for certain purposes relating to legislative redistricting without an appropriation."

00HOUSE CS FOR CS FOR SENATE BILL NO. 99(JUD) 01 "An Act providing for preparation for redistricting before appointment of the 02 Redistricting Board; relating to preclearance under the Voting Rights Act of 1965, 03 as amended; clarifying the meaning of 'decennial census of the United States' in 04 art. VI, Constitution of the State of Alaska; prohibiting discrimination and use 05 of census numbers that are estimates or that have been adjusted based on 06 sampling in the redistricting of the house of representatives and the senate; and 07 prohibiting expenditures of public funds for population surveys or sampling for 08 certain purposes relating to legislative redistricting without an appropriation." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10 * Section 1. FINDINGS. The legislature finds that 11 (1) a fair and impartial redistricting requires 12  (A) the assimilation, compilation, and analysis of large amounts of data 13 and maps; 14  (B) complex statistical analysis; and

01  (C) a thorough consideration of legal issues under the Constitution of 02 the State of Alaska and the Constitution of the United States; 03 (2) there is an enormous amount of preparatory work that must be done before 04 the appointment of the Redistricting Board if the Redistricting Board is to adopt a fair and 05 impartial plan within 30 days after receiving redistricting data from the United States Bureau 06 of the Census; 07 (3) Alaska's redistricting plan will be subject to review by the United States 08 Department of Justice under 42 U.S.C. 1973 - 1973l (Voting Rights Act of 1965, as amended); 09 (4) ensuring that the redistricting plan complies with the provisions of 42 10 U.S.C. 1973 - 1973l, as amended, will require in-depth analysis of voting patterns over the 11 past decade; 12 (5) the United States Bureau of the Census has traditionally conducted an 13 actual enumeration of the American people and reported the results of that actual enumeration, 14 without statistical adjustment, to the states for purposes of redistricting; 15 (6) the United States Bureau of the Census has announced plans to use 16 sampling and estimates to adjust the actual population counts in the 2000 census; 17 (7) the United States Supreme Court, in Department of Commerce v. United 18 States House, 119 S.Ct. 765 (1999), has interpreted existing federal law to prohibit the use of 19 adjusted or estimated figures in reapportioning the seats in the United States House of 20 Representatives among the states; 21 (8) the United States Supreme Court, in Department of Commerce v. United 22 States House, 119 S.Ct. 765 (1999), declined to address the constitutionality of the use of 23 sampling and estimates by the census bureau in developing decennial census counts; 24 (9) the United States Supreme Court's decision in Department of Commerce 25 v. United States House, 119 S.Ct. 765 (1999), did not resolve the issue of whether the census 26 bureau may supply states with adjusted or estimated census figures for use in redistricting; 27 (10) each decade since statehood, Alaska's redistricting plan has been the 28 subject of expensive litigation; 29 (11) in the past, Alaska's redistricting boards have sometimes relied on surveys 30 and population estimates in order to remove Alaska's military population from the decennial 31 census figures in order to comply with the former wording of art. VI, secs. 3 and 5,

01 Constitution of the State of Alaska, which referred to the "civilian population"; and 02 (12) although recent amendments to the Constitution of the State of Alaska 03 have removed the reference to "civilian" population, court precedent regarding the exclusion 04 of nonresident military personnel and civilian "transients" remains (see Egan v. Hammond, 05 502 P.2d 856, 869 (Alaska 1972); Groh v. Egan, 526 P.2d 863, 869-874 (Alaska 1974); 06 Carpenter v. Hammond, 667 P.2d 1204, 1210-1213 (Alaska 1983); Hickel v. Southeast 07 Conference, 846 P.2d 38, 54-56 (Alaska 1992)). 08 * Sec. 2. PURPOSE. It is the purpose of the legislature to eliminate confusion in the 09 event the census bureau's report of the decennial census includes more than one population 10 figure for Alaska, to facilitate the work of the Redistricting Board by identifying the 11 appropriate census figures to be used in developing a redistricting plan, to avoid litigation over 12 the board's redistricting plan, to prevent discrimination against any segment of Alaska's 13 population in redistricting, to make necessary preparations for redistricting in a timely, fair, 14 and impartial fashion, and to make tools needed for the task of redistricting available to the 15 Redistricting Board as soon as that body is appointed. 16 * Sec. 3. AS 15.10 is amended by adding new sections to read: 17 Article 2. Census and Population. 18  Sec. 15.10.200. Definition of "decennial census of the United States" and 19 use of census numbers by redistricting board. (a) In art. VI, Constitution of the 20 State of Alaska, reference to the official decennial census of the United States is a 21 reference to the census enumeration used to establish apportionment among the several 22 states. 23  (b) The redistricting plan adopted under art. VI, Constitution of the State of 24 Alaska, may not use census numbers that are estimates or that have been adjusted 25 based on sampling, nor may the redistricting plan exclude or discriminate among 26 persons counted based on race, religion, color, national origin, sex, age, occupation, 27 military or civilian status, or length of residency. 28  (c) A qualified voter may bring an action in the superior court against the 29 redistricting board to enforce the provisions of (b) of this section. 30  Sec. 15.10.210. Expenditures for population surveys or sampling 31 prohibited. An expenditure of public funds may not be made for a population survey

01 or sampling conducted for purposes of redistricting the legislature without an express 02 appropriation by the legislature for that purpose. 03  Sec. 15.10.220. Voting Rights Act review. The independent legal counsel for 04 the Redistricting Board provided for in art. VI, sec. 9, Constitution of the State of 05 Alaska, shall 06  (1) submit the board's redistricting plan for preclearance to the United 07 States Department of Justice or the United States District Court for the District of 08 Columbia under 42 U.S.C. 1973c; and 09  (2) represent the state in all matters concerning redistricting until a final 10 plan for redistricting and a proclamation of redistricting have been adopted and all 11 challenges to them brought under art. VI, sec. 11, Constitution of the State of Alaska, 12 have been resolved after final remand or affirmation. 13 * Sec. 4. AS 24.20 is amended by adding a new section to read: 14  Sec. 24.20.085. Preparation for legislative redistricting. (a) The Alaska 15 Legislative Council may seek assistance as necessary from the Department of Law, the 16 Department of Labor, and the division of elections before the appointment of the 17 Redistricting Board. 18  (b) The legislative council may make arrangements for office space for the 19 Redistricting Board and its staff before the convening of the Redistricting Board, 20 including the leasing of appropriate facilities and office equipment. 21  (c) The legislative council shall compile and provide to, or contract with a 22 third party to compile and provide to, the redistricting board the information necessary 23 to implement a successful redistricting plan, including 24  (1) paper maps or a computer data base received from the United States 25 Bureau of the Census describing all units of census geography; 26  (2) a computer data base of election and voter registration information 27 from the division of elections to assist the Redistricting Board in determining 28 compliance with 42 U.S.C. 1973-1973l (Voting Rights Act of 1965, as amended) and 29 other statutory and constitutional requirements; 30  (3) information indicating the location of cultural, economic, 31 geographic, demographic, and trade area factors in the state; and

01  (4) information or analysis of state and federal court decisions 02 concerning reapportionment. 03  (d) The legislative council is responsible for the development of a 04 computerized system that uses census data and maps to prepare plans for state senate 05 and house districts in conformity with statutory and constitutional criteria and within 06 applicable time constraints. The legislative council may contract for the acquisition 07 of the computer software and hardware and for the provision of computer services that 08 are necessary to prepare for redistricting. The computer system must be developed so 09 that it can be made available for use by the Redistricting Board immediately upon the 10 Redistricting Board's convening. 11  (e) The legislative council 12  (1) shall prepare a budget and an accounting procedure for the 13 Redistricting Board; and 14  (2) may, upon request of the Redistricting Board, prepare and submit 15 supplemental appropriation requests for the work of the board. 16 * Sec. 5. SEVERABILITY. Under AS 01.10.030, if a provision of this Act or the 17 application of this Act to any person or circumstance is held invalid, the invalidity does not 18 affect other provisions of the Act that can be given effect without the invalid provision.