Chapter 106

2011 -- H 6096

Enacted 06/22/11

 

A N A C T

ESTABLISHING A REAPPORTIONMENT COMMISSION

          

     Introduced By: Representative Stephen R. Ucci

     Date Introduced: May 03, 2011

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Establishment of commission. - (a) There is hereby created a special

commission on reapportionment, which shall consist of eighteen (18) members: four (4) of whom

shall be from the house of representatives, to be appointed by the speaker; two (2) of whom shall

be from the house of representatives, to be appointed by the minority leader of the house of

representatives; four (4) of whom shall be from the senate, to be appointed by the president of the

senate; two (2) of whom shall be appointed by the minority leader of the senate; three (3) of

whom shall be members of the general public to be appointed by the speaker; and three (3) of

whom shall be members of the general public to be appointed by the president of the senate.

     (b) It shall be the purpose and responsibility of the commission to draft and to 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.

     (c) Forthwith upon the passage of this act, the members of the commission shall meet and

organize, and shall select from among themselves a chairman. Vacancies in said commission

shall be filled in like manner as the original appointment.

     (d) The membership of said 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) All departments and agencies of the state shall furnish such advice and information,

documentary and otherwise, to said commission and its agents as is deemed necessary or

desirable by the commission to facilitate the purposes of this act.

     (f) The director of administration is hereby authorized and directed to provide suitable

quarters for said commission.

     (g) The commission is hereby authorized to accept from local, state and federal

government agencies, grants in money, services or otherwise in carrying out the purposes of said

commission.

 

     SECTION 2. Reapportionment standards. - (a) All districts shall be single member

districts.

     (b) Congressional and state legislative districts shall comply with all requirements of the

United States Constitution. All state legislative districts shall comply with all requirements of the

United States Constitution and of the Rhode Island Constitution, and recognize pertinent or

applicable federal legislation and court precedent.

     (c) Congressional and state legislative districts shall be as nearly equal in population as

possible, and:

     (1) In no case shall congressional districts vary in population by more than one percent

(1%) from each other as determined by the population reported in the federal census in 2010; and

     (2) In no case shall a single state senate district have a population which varies by more

than five percent (5%) from the average population of all senate districts as determined by the

population reported in the federal census in 2010, and in no case shall a single state representative

district have a population which varies by more than five percent (5%) from the average

population of all representative districts as determined by the population reported in the federal

census in 2010.

     (d) Congressional and state legislative districts shall be as compact in territory as possible

and, to the extent practicable, shall reflect natural, historical, geographical and municipal and

other political lines, as well as the right of all Rhode Islanders to fair representation and equal

access to the political process.

     (e) To the extent practicable, congressional and state legislative districts shall be

composed of contiguous territory.

     (f) To the extent practicable, the commission should endeavor to avoid the division of

state representative districts in the formation of state senate districts and the division of state

senate districts in the formation of United States congressional districts in any manner which

would result in the creation of voting districts composed of fewer than one hundred (100)

potential voters.

 

     SECTION 3. Public access. - (a) The commission shall set its own rules of procedure.

     (b) The commission shall be subject to the provisions of chapter 42-46 ("Open

Meetings") and chapter 38-2 ("Access to Public Records") of the general laws.

     (c) The commission shall conduct public hearings prior to the issuance of its findings and

recommendations.

     (d) Members of the public shall have access to the technical software used for district

mapping in a location to be determined, in the State House, on a sign up basis, during reasonable

business hours as determined by the commission.

 

     SECTION 4. Reporting date. - The commission shall report its findings and

recommendations to the general assembly on or before January 15, 2012.

 

     SECTION 5. Severability. - The provisions of this act are severable, and if any provisions

hereof shall be held invalid for any reason, such invalidity shall not affect the validity of any

other provisions herein. This act shall be construed in all respects so as to meet any constitutional

requirements in carrying out the purposes and provisions of this act, all steps shall be taken which

are necessary to meet constitutional requirements.

 

     SECTION 6. This act shall take effect upon passage.

     

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LC02555

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