Introduced Version






HOUSE BILL No. 1170

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 2-1.5; IC 3-8.

Synopsis: Redistricting. Establishes a redistricting commission (commission) to draw congressional and legislative districts required after 2012. Provides that the commission consists of four members, one of whom is appointed by each of the legislative leaders. Requires the governor to appoint a fifth nonvoting member who acts as chair of the commission. Requires the commission to do the commission's work according to procedures and deadlines established by joint rules adopted by the house of representatives and the senate. Establishes criteria for establishing congressional and legislative districts. Makes an appropriation.

Effective: July 1, 2012.





Bartlett




    January 9, 2012, read first time and referred to Committee on Elections and Apportionment.







Introduced

Second Regular Session 117th General Assembly (2012)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2011 Regular Session of the General Assembly.

HOUSE BILL No. 1170



    A BILL FOR AN ACT to amend the Indiana Code concerning the general assembly and to make an appropriation.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 2-1.5; (12)IN1170.1.1. -->     SECTION 1. IC 2-1.5 IS ADDED TO THE INDIANA CODE AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]:
     ARTICLE 1.5. REDISTRICTING OF GENERAL ASSEMBLY AND CONGRESSIONAL DISTRICTS
    Chapter 1. Application
    Sec. 1. This article applies to the establishment of general assembly or congressional districts required after December 31, 2012.
    Chapter 2. Definitions
    Sec. 1. The definitions in this chapter apply throughout this article.
    Sec. 2. "Appointing authority" refers to any of the following:
        (1) The speaker of the house of representatives.
        (2) The minority leader of the house of representatives.
        (3) The president pro tempore of the senate.
        (4) The minority leader of the senate.
        (5) The governor.
    Sec. 3. "Bureau" refers to the United States Department of Commerce, Bureau of the Census.
    Sec. 4. "Census data" means the population data that the bureau is required to provide to the state under 13 U.S.C. 141.
    Sec. 5. "Census year" refers to the year in which a federal decennial census is conducted.
    Sec. 6. "Commission" refers to the redistricting commission established under IC 2-1.5-3.
    Sec. 7. "Federal decennial census" refers to a federal decennial census conducted under 13 U.S.C. 141.
    Sec. 8. "House of representatives" refers to the house of representatives of the general assembly.
    Sec. 9. "Ideal district population" for a plan refers to the number equal to the quotient of the following, rounded to the nearest whole number:
        (1) The numerator is the population of Indiana as reported by the most recent federal decennial census.
        (2) The denominator is the number of districts required by this article for the plan.
    Sec. 10. (a) "Plan" refers to any of the following:
        (1) A plan for districts for the house of representatives.
        (2) A plan for districts for the senate.
        (3) A plan for congressional districts.
    (b) A plan includes maps and written descriptions of the maps that define all the districts that a plan is required to have under this article.
    Sec. 11. "Political subdivision" means a city, county, town, or township.
    Sec. 12. "Redistricting year" refers to the year immediately following a census year.
    Sec. 13. "Senate" refers to the senate of the general assembly.
    Chapter 3. Redistricting Commission
    Sec. 1. A redistricting commission consisting of five (5) members is established as provided in this chapter.
    Sec. 2. Not later than January 15 of a redistricting year, each of the appointing authorities shall appoint one (1) individual to be a commission member. An individual appointed by an appointing authority other than the governor must be a member of the general assembly.
    Sec. 3. An individual serves as a commission member until the earlier of the following:
        (1) The individual vacates the individual's membership on the commission.
        (2) The appointment of a new commission under this chapter following a federal decennial census.
    Sec. 4. The commission member appointed by the governor:
        (1) serves as chair of the commission; and
        (2) is a nonvoting member of the commission.
    Sec. 5. Three (3) commission members constitute a quorum.
    Sec. 6. The affirmative vote of three (3) commission members is necessary for the commission to adopt a plan.
    Sec. 7. The legislative services agency shall provide the commission with staff and administrative services.
    Sec. 8. The amounts necessary to pay the commission's and the legislative services agency's expenses to implement this article are continuously appropriated from the state general fund.
    Sec. 9. The commission shall do the commission's work according to procedures and deadlines established by joint rules adopted by the house of representatives and the senate.
    Sec. 10. A plan becomes effective only when enacted as a law as provided in the Constitution of the State of Indiana.
    Chapter 4. Redistricting Standards
    Sec. 1. Districts created for the house of representatives, the senate, and the United States House of Representatives must comply with the standards of this chapter.
    Sec. 2. (a) A plan for house of representatives districts must have one hundred (100) districts.
    (b) A plan for senate districts must have fifty (50) districts.
    (c) A plan for congressional districts must have as many districts as are allocated to the state of Indiana under 2 U.S.C. 2a.
    Sec. 3. Districts must be established on the basis of population.
    Sec. 4. The population of a house of representatives or a senate district may not deviate from the ideal district population by more than one percent (1%) of the ideal district population.
    Sec. 5. (a) Districts must be composed of contiguous territory.
    (b) Areas that meet only at the point of adjoining corners are not considered contiguous.
    Sec. 6. (a) Districts must be as compact as possible.
    (b) The compactness of a district must be measured by determining the total length of the boundary of the district.
    (c) The compactness of a plan must be measured by adding the compactness measures of all the districts in the plan as determined under subsection (b).
    (d) A plan is considered more compact than another plan if the compactness measure of the plan is less than the compactness measure of the other plan.
    Sec. 7. Districts must not violate precinct boundaries.
    Sec. 8. To the extent possible consistent with sections 2 through 6 of this chapter, district boundaries of general assembly districts must coincide with the boundaries of Indiana political subdivisions as follows:
        (1) The commission shall minimize the number of counties and cities divided among more than one (1) district.
        (2) Except as provided in subdivision (3), if there is a choice between political subdivisions to be divided, the more populous political subdivisions shall be divided before a less populous political subdivision is divided.
        (3) Subdivision (2) does not apply to a general assembly district boundary drawn along a county line that passes through a municipality that lies in more than one (1) county.
    Sec. 9. In evaluating plans for recommendation, the commission shall consider the following:
        (1) The effect that a plan has on language and racial minority groups.
        (2) Whether a plan preserves traditional neighborhoods.
        (3) Whether a plan preserves local communities of interest based upon cultural, ethnic, geographic, and socioeconomic similarities.
        (4) Whether a plan avoids oddly shaped districts. Rational and logical deviations may occur from this standard where an effort is made to follow a political subdivision's boundaries or to follow natural geographic boundaries.

SOURCE: IC 3-8-2-8; (12)IN1170.1.2. -->     SECTION 2. IC 3-8-2-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. (a) A declaration of candidacy for the office of United States Senator or for the office of governor must be accompanied by a petition signed by at least four thousand five hundred (4,500) voters of the state, including at least five hundred (500) voters from each congressional district.
    (b) Each petition must contain the following:
        (1) The signature of each petitioner.
        (2) The name of each petitioner legibly printed.
        (3) The residence mailing address of each petitioner.
    (c) This subsection applies to a petition filed during the period:
        (1) beginning on the date that a congressional district plan has been adopted under IC 3-3; IC 2-1.5; and
        (2) ending on the date that the part of the act or order issued under IC 3-3-2 establishing the previous congressional district plan is repealed or superseded.
The petition must be signed by at least four thousand five hundred (4,500) voters of Indiana, including at least five hundred (500) voters from each congressional district created by the most recent congressional district plan adopted under IC 3-3. IC 2-1.5.
SOURCE: IC 3-8-3-2; (12)IN1170.1.3. -->     SECTION 3. IC 3-8-3-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. (a) A request filed under section 1 of this chapter must be accompanied by a petition signed by at least four thousand five hundred (4,500) voters of the state, including at least five hundred (500) voters from each congressional district.
    (b) Each petition must contain the following:
        (1) The signature of each petitioner.
        (2) The name of each petitioner legibly printed.
        (3) The residence mailing address of each petitioner.
    (c) This subsection applies to a petition filed during the period:
        (1) beginning on the date that a congressional district plan has been adopted under IC 3-3; IC 2-1.5; and
        (2) ending on the date that the part of the act or order issued under IC 3-3-2 establishing the previous congressional district plan is repealed or superseded.
The petition must be signed by at least four thousand five hundred (4,500) voters of Indiana, including at least five hundred (500) voters from each congressional district created by the most recent congressional district plan adopted under IC 3-3. IC 2-1.5.