HOUSE BILL NO. 309
INTRODUCED BY R. BROWN, BALYEAT, D. BROWN, BRUEGGEMAN, DEVLIN, FUCHS, KASTEN, LASZLOFFY, LEHMAN, MOOD, A. OLSON, RIPLEY, SINRUD, STAPLETON, STEINBEISSER, F. THOMAS, YOUNKIN, FISHER, MCNUTT
AN ACT PROVIDING A POPULATION CRITERION FOR THE REDISTRICTING OF LEGISLATIVE DISTRICTS; PROHIBITING THE SECRETARY OF STATE FROM ACCEPTING A PLAN NOT IN COMPLIANCE WITH CERTAIN CRITERIA; AMENDING SECTION 5-1-111, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A RETROACTIVE APPLICABILITY DATE.
AN ACT PROVIDING A POPULATION CRITERION FOR THE REDISTRICTING OF LEGISLATIVE DISTRICTS; PROHIBITING THE SECRETARY OF STATE FROM ACCEPTING A PLAN NOT IN COMPLIANCE WITH CERTAIN CRITERIA; AMENDING SECTION 5-1-111, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A RETROACTIVE APPLICABILITY DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Redistricting criteria. (1) In the drawing of legislative districts, the districting and apportionment commission shall comply with the following criteria:
(a) the districts must be compact and contiguous; and
(b) the districts must be as equal as practicable.
(2) For the purposes of this section, "as equal as practicable" means within a plus or minus 1% relative deviation from the ideal population of a district as calculated from information provided by the federal decennial census.
Section 2. Section 5-1-111, MCA, is amended to read:
"5-1-111. Final plan -- dissolution of commission. (1) Within 90 days after the official final decennial census figures are available, the commission shall file its final plan for congressional districts with the secretary of state and it shall become law.
(2) Within 30 days after receiving the legislative redistricting plan and the legislature's recommendations, the commission shall file its final legislative redistricting plan with the secretary of state and it shall become law. The secretary of state may not accept any plan that does not comply with the criteria in [section 1]. Upon acceptance of a plan by the secretary of state, the plan is considered filed and becomes law.
(3) Upon the acceptance and filing of both plans, the commission shall be is dissolved."
Section 3. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 5, chapter 1, part 1, and the provisions of Title 5, chapter 1, part 1, apply to [section 1].
Section 4. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.
Section 5. Effective date. [This act] is effective on passage and approval.
Section 6. Retroactive applicability. [This act] applies retroactively, within the meaning of 1-2-109, to any legislative redistricting plan of the districting and apportionment commission that was not filed with the secretary of state on [the effective date of this act].
- END -
Latest
Version of HB 309 (HB0309.ENR)
Processed for the Web on February 4, 2003 (10:44am)
New language in a bill appears underlined, deleted material appears stricken.
Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted.
See the status of this bill for the bill's primary sponsor.
Status of this Bill | 2003 Legislature | Leg. Branch
Home
All versions of this bill inPDF
Authorized print version w/line numbers
(PDF format)
Prepared by Montana Legislative Services
(406) 444-3064