LEGISLATIVE REDISTRICTING - S.B. 814 (S-4): FLOOR ANALYSIS

Senate Bill 814 (Substitute S-4 as reported by the Committee of the Whole)

Sponsor: Senator Bill Schuette

Committee: Reapportionment


CONTENT


The bill would amend Public Act 463 of 1996, which provides for legislative redistricting plans, to require that Senate and House of Representatives district boundaries be determined by use of population data from the U.S. Census Bureau identical to those from the actual enumeration conducted by the Census Bureau for the apportionment of the Representatives of the U.S. House of Representatives in the U.S. decennial census. The apportionment data for redistricting, however, could not include any population that was not allocated to specific census blocks within the State, such as Americans residing overseas, even if that population were legally included in the apportionment data for this State for the purpose of allocating seats among the states. District boundaries could not be determined by use of Census Bureau population counts derived from any other means, including the use of statistical sampling to add or subtract population by inference. Other governmental census figures of total population could be used if taken after the last decennial U.S. census and the U.S. census figures were not adequate for the purposes of the Act. A contract could be entered into with the U.S. Census Bureau or any other governmental unit to make any special census if the latest U.S. decennial census figures were not adequate for the Act's purposes.


The bill also provides that Senate and House districts could not violate Section 2 of Title I of the Federal Voting Rights Act, which provides that no voting qualification or prerequisite to voting or standard, practice, or procedure may be imposed or applied by any state or political subdivision in a manner that results in a denial or abridgment of the right of any U.S. citizen to vote on account of race, color, or membership in a language minority group.


In addition, the bill specifies that the Supreme Court would have exclusive and original State jurisdiction to hear all cases or controversies involving a redistricting plan under Public Act 463. If an application or petition for review had not been filed under the Act, the Supreme Court could, but would not be required to, hear all or a portion of the procedures described in the Act.


MCL 4.261 et al. - Legislative Analyst: S. Lowe


FISCAL IMPACT


The bill would have an indeterminate fiscal impact on State government. Potential costs related to a special census, if a future United States decennial census were determined to be inadequate, would depend on the scope of the special census.


Statutorily providing that the Supreme Court has exclusive and original jurisdiction to hear all controversies regarding redistricting plans under the Act would result in administrative savings.


Date Completed: 10-27-99 - Fiscal Analyst: B. BowermanFloor\sb814 - Bill Analysis @ http://www.state.mi.us/sfa

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.