2001 -- 0621

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LC02287
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A  N     A   C   T

RELATING TO REDISTRICTING

It is enacted by the General Assembly as follows:

SECTION 1. Legislative findings - Establishment of commission - Powers and duties - Reapportionment standards. (a) Legislative findings. The constitution of the state of Rhode Island provides that only by prohibiting the political gerrymander is it possible to ensure effective participation in representative government. The general assembly finds that historic redistricting procedures resulted in a 1982 court challenge and lame-duck session of the senate. The general assembly therefore resolves to establish the Rhode Island commission on redistricting to prepare a plan that shall be in accord with the mandates of both the federal and state constitutions and of the voting rights act of 1965 and that shall comply with standards set forth in subsection (h) below in order to:

(1) prevent dilution of the representation of communities that are identifiable by race or national origin;

(2) reflect interests of local communities; and

(3) encourage civic participation in the political process.

(b) Purpose and authority. It shall be the purpose and responsibility of the Rhode Island commission on redistricting to draft and report to the general assembly an act to reapportion the districts of the general assembly and the state's United States congressional districts and to perform the necessary functions incident to drafting such an act including, but not limited to, the division of the state into seventy-five (75) state representative districts, thirty-eight (38) state senatorial districts and two (2) United States congressional districts as near equal as possible. Districts for those legislative bodies may not be established or changed except as provided by subsection (h) below.

(c) Commission appointments. The commission shall consist of thirteen (13) members. The nominating authorities hereunder shall exercise reasonable efforts to ensure that the commission is diverse and inclusive in terms of race, ethnicity, gender, and demonstrated competence in fields such as public administration, civil rights, government reform, and municipal government.

Not earlier than February 16, 2001, or later than March 2, 2001, the following elected officials shall appoint members of the commission as follows:

(1) the speaker of the house of representatives shall appoint two (2) members of the commission, at least one (1) of whom shall be a public member with demonstrated expertise in the area of civil rights;

(2) the house majority leader shall appoint one (1) person;

(3) the house minority leader shall appoint one (1) person;

(4) the senate majority leader shall appoint two (2) members of the commission, at least one (1) of whom shall be a public member with demonstrated expertise in the area of public administration;

(5) the senate minority leader shall appoint two (2) members of the commission, at least one (1) of whom shall be a public member with demonstrated expertise in government reform;

(6) the governor shall appoint one (1) public member with demonstrated expertise in the area of public administration;

(7) the senior United States senator representing Rhode Island shall appoint one (1) public member with demonstrated expertise in the area of civil rights;

(8) the junior United States senator representing Rhode Island shall appoint one (1) public member;

(9) each United States representative representing Rhode Island shall appoint one (1) former municipal executive officer or former council member from a city or town located within the district which he or she represents and who meets the criteria of subsection (d) below.

(d) Public members. No public member of the commission, at the time of his or her appointment or while a member of the commission, shall:

(1) hold or campaign for any other public office;

(2) hold office in any political party or political committee;

(3) be a registered lobbyist as defined in Rhode Island general laws sections 22-10-4 or 22-10-4.1; or

(4) have held elective public office or have been a candidate for elective public office for a one (1) year period prior to appointment.

Members of the commission shall receive no compensation for their services but shall be allowed their travel and necessary expenses. The commission may engage such clerical, technical and other assistance as it may deem necessary and spend such other funds as may be necessary to accomplish its purposes.

(e) Chairperson - Rulemaking authority. Not later than March 16, 2001, the commission shall meet and elect a chairperson. The commission shall adopt reasonable rules and regulations governing its operations, and it shall operate in full compliance with the open meetings law and access to public records law as it carries out the purposes of this chapter. The rules and regulations of the commission shall ensure timely public access to all data and maps whether provided by the census bureau or developed by the commission, its agents or representatives during development, review and adoption of the plan.

(f) Public access. The redistricting commission shall ensure that any district mapping computers and software are available to members and staff of the general assembly and to any group or individual that requests such access as follows:

(1) Members of the commission and users authorized to work on their behalf shall have priority access to the graphical district modeling system through workstations located at the state house or without appointment through the internet.

(2) Members of the legislature and users authorized to work on their behalf shall have access to the graphical district modeling system through workstations located at the state house or without appointment through the internet.

(3) Organizations and members of the public that request access to the graphical district modeling system shall gain access through scheduled appointments at workstations located at the state house and without appointment through the internet. Officers of an organization that authorize individuals to utilize the system on their behalf may add or remove persons from their authorized access lists by submitting written notice in a form prescribed by the redistricting commission.

(4) Each member of the redistricting commission and of the general assembly and each organization or individual member of the public which requests access to the district mapping computers and software shall be assigned a confidential client password account in the computer system to which no other client or staff member shall have access.

(5) The redistricting commission shall:

(a) Establish a system of appointments for work on computer workstations, provided that the commission may lengthen or shorten the standard appointment period if the level of demand for appointments so warrants.

(b) Set rules for equitable access and scheduling at times not more than forty-eight (48) hours in advance of the work session, except that Monday appointments may be scheduled on Fridays.

(c) Not permit individuals and organizations to schedule more than one (1) appointment per day in advance, provided that those who make appointments on a particular day may be placed on a standby list for additional time on that day. If, at the starting time for the appointment, no one has requested the use of the workstation, the individual or organization on standby may use it.

(d) Put clients on a standby list in case openings occur. Standbys who have not yet had an appointment on the day in question will be given preference.

(6) The redistricting commission may:

(a) authorize its staff to cancel any appointment when an authorized user of the schedule client's account has not arrived at the redistricting office within ten (10) minutes after the time scheduled. Time in the workstation will not be extended to compensate for late arrival of the user. A photo identification may be required to confirm the identity of an authorized user.

(b) Adopt other rules and procedures to provide equitable public access during normal business hours and in evening sessions.

(g) Public hearings. The redistricting commission shall advertise and conduct its hearings in accordance with requirements specified in section 42-35-3(a)(1) and (2) of the administrative procedures act as follows:

(1) Before the commission begins drafting maps and recommendations, it shall conduct not fewer than seven (7) public hearings in diverse regions of the state, including communities of color, suburban and rural communities;

(2) After the commission prepares its proposed maps and preliminary recommendations for redistricting, it shall conduct not fewer than seven (7) public hearings in diverse regions of the state, including communities of color, suburban and rural communities;

(3) Following publication of the final maps and recommendations of the commission, not fewer than two (2) additional public hearings at the state house;

(4) During the final public hearings under this subsection, the redistricting commission may in its discretion amend its final report and/or recommendations.

(h) Standards for redistricting. In any redistricting plan or modification of a plan adopted under this section:

(1) To the extent that it is available, statistical sampling data from United States bureau of the census shall be used to determine the population of each census tract to be counted in each state legislative district;

(2) In compliance with section 2 of the voting rights act of 1965, no district shall dilute the representation of communities that are identifiable by race or national origin;

(3) Each district must contain a population, as nearly equal as practicable to the population of any other district in the plan;

(4) In compliance with articles VII and VIII of the Rhode Island constitution, each district shall be as compact in territory as possible;

(5) Districts shall, wherever possible, conform to existing municipal boundaries and shall, wherever possible, be separated from adjoining districts by natural geographic barriers or political subdivision boundaries;

(6) The places of residence of elected incumbents or candidates for elective office shall not be identified or considered

(i) Review.

(1) Within thirty (30) days of the effective date of any apportionment plan enacted by the general assembly, any registered voter of the state aggrieved by the plan may petition the supreme court of Rhode Island for review of the plan.

(2) The grounds of review to be considered by the supreme court shall be that the apportionment plan, or any part of it, is unconstitutional or violates subsection (h) of this section.

(3) The supreme court may consolidate two (2) or more petitions, as the interests of justice may require, with due regard for expediting decision in all such petitions. Petitions under this section shall have precedence over all other matters.

(4) The supreme court may designate one (1) or more justices, one (1) or more superior court justices, or one (1) or more masters to take testimony and make findings of fact in any petition or consolidated petitions under this section.

(5) In the event the supreme court allows any petition upon one (1) or more grounds set forth in paragraph (2) of this subsection, it shall forward its opinion and decision to the general assembly, which shall forthwith revise and correct the apportionment plan, in light of the supreme court's decision, to conform to the requirements of law. The supreme court shall retain jurisdiction until the general assembly has produced a plan conforming to all constitutional requirements and the requirements of subsection (h) of this section for, which plan shall thereupon become law.

(6) The supreme court shall award reasonable attorneys' fees and costs to a prevailing petitioner, except where special circumstances would render such an award unjust.

(7) The review provided in this section shall be the original and exclusive review of legislative apportionments in the courts of this state.

SECTION 2. This act shall take effect upon passage.

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LC02287
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF

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This act would establish the Rhode Island Commission on Redistricting to prepare a plan that shall be in accord with the mandates of both the federal and state constitutions and of the Voting Rights Act of 1965. The act establishes the process of appointment and a timetable for the commission, and it establishes standards for the commission to apply in preparing a plan. It establishes procedures for public hearings and for public access to census tables and mapping software, and it establishes a process for judicial review of the final plan adopted by the general assembly.

The act would take effect upon passage.