HCS CSSB 99(JUD) AM H: "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, and legal representation of the state in matters concerning redistricting; clarifying the meaning of 'decennial census of the United States' in art. VI, Constitution of the State of Alaska; relating to adjustment of census numbers by using estimates, population surveys, or 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; and providing for an effective date."
00HOUSE CS FOR CS FOR SENATE BILL NO. 99(JUD) am H 01 "An Act providing for preparation for redistricting before appointment of the 02 Redistricting Board; relating to preclearance under the Voting Rights Act of 03 1965, as amended, and legal representation of the state in matters concerning 04 redistricting; clarifying the meaning of 'decennial census of the United States' 05 in art. VI, Constitution of the State of Alaska; relating to adjustment of census 06 numbers by using estimates, population surveys, or sampling in the redistricting 07 of the house of representatives and the senate; and prohibiting expenditures of 08 public funds for population surveys or sampling for certain purposes relating 09 to legislative redistricting without an appropriation; and providing for an 10 effective date." 11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 12 * Section 1. FINDINGS. The legislature finds that 13 (1) a fair and impartial redistricting requires 14 (A) the assimilation, compilation, and analysis of large amounts of data
01 and maps; 02 (B) complex statistical analysis; and 03 (C) a thorough consideration of legal issues under the Constitution of 04 the State of Alaska and the Constitution of the United States; 05 (2) there is an enormous amount of preparatory work that must be done before 06 the appointment of the Redistricting Board if the Redistricting Board is to adopt a fair and 07 impartial plan within 30 days after receiving redistricting data from the United States Bureau 08 of the Census; 09 (3) Alaska's redistricting plan will be subject to review by the United States 10 Department of Justice under 42 U.S.C. 1973 - 1973l (Voting Rights Act of 1965, as amended); 11 (4) ensuring that the redistricting plan complies with the provisions of 42 12 U.S.C. 1973 - 1973l, as amended, will require in-depth analysis of voting patterns over the 13 past decade; 14 (5) the United States Bureau of the Census has traditionally conducted an 15 actual enumeration of the American people and reported the results of that actual enumeration, 16 without statistical adjustment, to the states for purposes of redistricting; 17 (6) the United States Bureau of the Census has announced plans to use 18 sampling and estimates to adjust the actual population counts in the 2000 census; 19 (7) the United States Supreme Court, in Department of Commerce v. United 20 States House, 119 S.Ct. 765 (1999), has interpreted existing federal law to prohibit the use of 21 adjusted or estimated figures in reapportioning the seats in the United States House of 22 Representatives among the states; 23 (8) the United States Supreme Court, in Department of Commerce v. United 24 States House, 119 S.Ct. 765 (1999), declined to address the constitutionality of the use of 25 sampling and estimates by the census bureau in developing decennial census counts; 26 (9) the United States Supreme Court's decision in Department of Commerce 27 v. United States House, 119 S.Ct. 765 (1999), did not resolve the issue of whether the census 28 bureau may supply states with adjusted or estimated census figures for use in redistricting; 29 (10) each decade since statehood, Alaska's redistricting plan has been the 30 subject of expensive litigation; 31 (11) in the past, Alaska's redistricting boards have sometimes relied on surveys
01 and population estimates in order to remove Alaska's military population from the decennial 02 census figures in order to comply with the former wording of art. VI, secs. 3 and 5, 03 Constitution of the State of Alaska, which referred to the "civilian population"; and 04 (12) although recent amendments to the Constitution of the State of Alaska 05 have removed the reference to "civilian" population, court precedent regarding the exclusion 06 of nonresident military personnel and civilian "transients" remains (see Egan v. Hammond, 07 502 P.2d 856, 869 (Alaska 1972); Groh v. Egan, 526 P.2d 863, 869-874 (Alaska 1974); 08 Carpenter v. Hammond, 667 P.2d 1204, 1210-1213 (Alaska 1983); Hickel v. Southeast 09 Conference, 846 P.2d 38, 54-56 (Alaska 1992)). 10 * Sec. 2. PURPOSE. It is the purpose of the legislature to eliminate confusion in the 11 event the census bureau's report of the decennial census includes more than one population 12 figure for Alaska, to facilitate the work of the Redistricting Board by identifying the 13 appropriate census figures to be used in developing a redistricting plan, to avoid litigation over 14 the board's redistricting plan, to prevent discrimination against any segment of Alaska's 15 population in redistricting, to make necessary preparations for redistricting in a timely, fair, 16 and impartial fashion, and to make tools needed for the task of redistricting available to the 17 Redistricting Board as soon as that body is appointed. 18 * Sec. 3. AS 15.10 is amended by adding new sections to read: 19 Article 2. Census and Population. 20 Sec. 15.10.200. Definition of "decennial census of the United States" and 21 use of census numbers by redistricting board. (a) In art. VI, Constitution of the 22 State of Alaska, reference to the official decennial census of the United States is a 23 reference to the census enumeration used to establish apportionment among the several 24 states. 25 (b) In adopting a redistricting plan under art. VI, Constitution of the State of 26 Alaska, the redistricting board may not adjust the census numbers by using estimates, 27 population surveys, or sampling for the purpose of excluding or discriminating among 28 persons counted based on race, religion, color, national origin, sex, age, occupation, 29 military or civilian status, or length of residency. 30 (c) A qualified voter may bring an action in the superior court against the 31 redistricting board to enforce the provisions of (b) of this section.
01 Sec. 15.10.210. Expenditures for population surveys or sampling 02 prohibited. An expenditure of public funds may not be made for a population survey 03 or sampling conducted for purposes of redistricting the legislature without an express 04 appropriation by the legislature for that purpose. 05 Sec. 15.10.220. Voting Rights Act review and legal representation. (a) The 06 independent legal counsel for the Redistricting Board provided for in art. VI, sec. 9, 07 Constitution of the State of Alaska, shall 08 (1) submit the board's redistricting plan for preclearance to the United 09 States Department of Justice or the United States District Court for the District of 10 Columbia under 42 U.S.C. 1973c; and 11 (2) defend the plan and board in all matters concerning redistricting until 12 a final plan for redistricting and a proclamation of redistricting have been adopted and 13 all challenges to them brought under art. VI, sec. 11, Constitution of the State of 14 Alaska, have been resolved after final remand or affirmation; the board shall have sole 15 discretion to enter a settlement agreement and control litigation strategy that affects the 16 final proclamation issued under art. VI, sec. 10, Constitution of the State of Alaska. 17 (b) Nothing in this section denies or creates standing in the governor, the 18 legislature, or another person to be a party to the proceedings described in subsection 19 (a). 20 Article 3. Redistricting. 21 Sec. 15.10.300. Preparation for legislative redistricting. (a) There is 22 created as an independent agency of the state the Redistricting Planning Committee. 23 The committee shall be composed of five members. One member shall be appointed 24 by the president of the senate, one member shall be appointed by the speaker of the 25 house of representatives, one member shall be appointed by the chief justice of the 26 Alaska Supreme Court, and two members shall be appointed by the governor. 27 (b) Four members of the committee constitute a quorum to transact business. 28 Meetings of the committee are subject to AS 44.62.310. 29 (c) The committee may make necessary preparations and arrangements for the 30 Redistricting Board provided for in art. VI, sec. 8, Constitution of the State of Alaska. 31 The committee may arrange for office space for the board and its staff before the
01 convening of the board, including the leasing of appropriate facilities and office 02 equipment. 03 (d) The committee may compile or contract for the compilation of information 04 necessary for the Redistricting Board to begin its work, including 05 (1) paper maps or a computer data base received from the United States 06 Bureau of the Census describing all units of census geography; 07 (2) a computer data base of election and voter registration information 08 from the division of elections to assist the Redistricting Board in determining 09 compliance with 42 U.S.C. 1973-1973l (Voting Rights Act of 1965, as amended) and 10 other statutory and constitutional requirements; 11 (3) information indicating the location of cultural, economic, 12 geographic, demographic, and trade area factors in the state; and 13 (4) information or analysis of state and federal court decisions 14 concerning reapportionment. 15 (e) The committee shall develop and issue a request for competitive sealed 16 proposals to procure a computerized system that uses census data and maps to prepare 17 plans for state senate and house districts in conformity with statutory and constitutional 18 criteria and within applicable time constraints. The committee may award a contract 19 for the acquisition of computer software and hardware and for the provision of 20 computer services to the responsible and responsive offeror whose proposal is 21 determined to be the most advantageous to the state, taking into consideration price 22 and evaluation factors set out in the request for proposals. The computer system must 23 be developed so that it is available for use by the Redistricting Board immediately 24 upon the board's convening. 25 (f) The committee may seek assistance as necessary from the legislative 26 council, the Department of Administration, the Department of Labor, the Department 27 of Law, and the division of elections. 28 (g) In the event that the committee is determined to be unlawful, the legislative 29 council shall assume the committee's responsibilities and perform its duties as 30 described in this section. 31 (h) In this section, "committee" means the Redistricting Planning Committee.
01 * Sec. 4. SEVERABILITY. Under AS 01.10.030, if a provision of this Act or the 02 application of this Act to any person or circumstance is held invalid, the invalidity does not 03 affect other provisions of the Act that can be given effect without the invalid provision. 04 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).