77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1391
 
                         House Bill 2686
 
Sponsored by Representatives BERGER, BAILEY
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Establishes provisions relating to selection and conduct of
redistricting commission.
  Directs Department of Corrections to determine last-known
address of inmates in custody of department and submit
information to Secretary of State. Directs secretary to adjust
population data reported in federal decennial census to reflect
residence status of inmates before incarceration for
redistricting purposes.
  Takes effect only if House Joint Resolution 17 (2013) is
approved by people at next regular general election. Takes effect
on effective date of constitutional amendment proposed by House
Joint Resolution 17 (2013).
 
                        A BILL FOR AN ACT
Relating to a redistricting commission; creating new provisions;
  amending ORS 171.068, 188.010 and 188.015; and prescribing an
  effective date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 188.010 is amended to read:
  188.010.   { - The Legislative Assembly or the Secretary of
State, whichever is applicable, shall consider the following
criteria when apportioning the state into congressional and
legislative districts: - }
    { - (1) Each district, as nearly as practicable, shall: - }
    { - (a) Be contiguous; - }
    { - (b) Be of equal population; - }
    { - (c) Utilize existing geographic or political
boundaries; - }
    { - (d) Not divide communities of common interest; and - }
    { - (e) Be connected by transportation links. - }
    { - (2) No district shall be drawn for the purpose of
favoring any political party, incumbent legislator or other
person. - }
    { - (3) No district shall be drawn for the purpose of
diluting the voting strength of any language or ethnic minority
group. - }
    { - (4) Two state House of Representative districts shall be
wholly included within a single state senatorial district. - }
   { +  (1) To implement Article IV, section 6, of the Oregon
Constitution, the Secretary of State as State Auditor shall
establish a nomination and application process for electors to
serve as members of the redistricting commission in each year
following the federal decennial census.
  (2) The process shall be open to all electors.
  (3) Applicants and persons who have been nominated shall:
  (a) State their willingness and ability to serve on the
commission; and
  (b) Pledge in writing to serve impartially on the commission,
if appointed.
  (4) The auditor shall solicit nominations for appointment to
the commission from:
  (a) The Governor.
  (b) Persons who have held office as the Governor or Secretary
of State.
  (c) Former Supreme Court justices.
  (d) Former members of Congress.
  (e) Presidents of public universities listed in ORS 352.002.
  (f) The president of the Oregon State Bar Association.
  (g) The Commission on Black Affairs.
  (h) The Commission on Hispanic Affairs.
  (i) The Commission on Asian and Pacific Islander Affairs.
  (j) The Commission for Women.
  (5) The auditor may solicit or accept nominations from other
persons or organizations.
  (6) The auditor shall determine whether the nominees or
applicants are eligible to serve on the commission and shall
remove ineligible nominees or applicants.
  (7) The auditor may accept additional applications if necessary
to fill a vacancy on the commission as described in section 4 of
this 2013 Act. + }
  SECTION 2. ORS 188.015 is amended to read:
  188.015. The Secretary of State  { + as State Auditor + } shall
adopt rules the secretary considers necessary in carrying out the
  { - secretary's reapportionment duties under - }  { +
provisions of + } ORS 188.010 to 188.295 and   { - section 6, - }
Article IV { + , section 6, + } of the Oregon Constitution.
  SECTION 3.  { + Sections 4 to 7 of this 2013 Act are added to
and made a part of ORS 188.010 to 188.295. + }
  SECTION 4.  { + (1) Members of the redistricting commission
described in ORS 188.010 are not entitled to compensation but may
be reimbursed for expenses as provided in ORS 292.495.
  (2) The commission shall elect a chairperson.
  (3)(a) The commission may appoint an executive director to
serve at the pleasure of the commission.
  (b) The executive director is responsible for the
administrative operations of the commission and may perform other
duties as may be designated or assigned to the executive director
from time to time by the commission.
  (4) A majority of members of the commission constitute a quorum
for the transaction of business.
  (5) In the event of a vacancy on the commission for any cause,
the commission shall fill the vacancy by appointing an individual
who applies under ORS 188.010. The commission must approve the
appointment by a majority vote.
  (6) With an affirmative vote of two-thirds of the members of
the Senate, the Governor may remove any member of the commission
at any time for corrupt conduct in office, substantial neglect of
duty or inability to serve. + }
  SECTION 5.  { + In the year before the federal decennial
census, the Governor shall include in the Governor's budget
request to the Legislative Assembly amounts required by the
Secretary of State as State Auditor and the redistricting
commission to cover the estimated expenses of implementing ORS
188.010, section 4 of this 2013 Act and Article IV, section 6, of
the Oregon Constitution. + }
  SECTION 6.  { + (1) As used in this section:
 
  (a) 'Date of the census' means the date for which the federal
decennial census reports population.
  (b) 'Inmate' means a person committed to the physical and legal
custody of the Department of Corrections.
  (c) 'Last-known address' means a residential address, other
than a department facility, at which an inmate resided before
incarceration.
  (2) The department shall by rule adopt an electronic filing
system to record the following information for each inmate:
  (a) The last-known address of the inmate.
  (b) The inmate's race or ethnicity.
  (c) Whether the inmate is over the age of 18 years.
  (3) Not later than May 1 of the year of the federal decennial
census, the department shall submit to the Secretary of State:
  (a) A unique identifier for each inmate incarcerated on the
date of the census that does not indicate the inmate's name.
  (b) The address of the facility in which the inmate is
incarcerated on the date of the census.
  (c) All information recorded for each inmate under subsection
(2) of this section.
  (4) Not later than 14 days after publication of census
redistricting data for this state by the United States Census
Bureau, the Secretary of State shall:
  (a) For each inmate determined to have a last-known address
within this state:
  (A) Determine the geographic units for which population counts
are reported in the federal decennial census that contain the
address of the facility of incarceration and the last-known
address of the inmate;
  (B) Adjust all relevant population counts reported in the
federal decennial census as if the inmate resided at the inmate's
last-known address on the date of the census; and
  (C) Remove the inmate from any population count reported in the
federal decennial census for the geographic units that include
the facility of incarceration.
  (b) For each inmate whose address is not known or is not in
this state:
  (A) Adjust all relevant population counts reported in the
federal decennial census as if the inmate resided at an unknown
geographic location within this state on the date of the census.
  (B) Ensure that the inmate is not represented in any population
count reported in the federal decennial census for the geographic
units that include the facility of incarceration for the inmate
on the date of the census.
  (5) The adjusted population data prepared by the Secretary of
State under this section shall be the population data used by the
redistricting commission when redistricting the state into
legislative districts. Residents of unknown geographic locations
within this state or at residences not in this state may not be
used to determine the average population of any geographic unit
for purposes of redistricting the state into legislative
districts.
  (6) The Secretary of State shall request that each federal
facility of incarceration located in this state submit the
information described in subsection (2) of this section regarding
each person incarcerated in the facility.
  (7) The Secretary of State by rule shall prescribe a form to be
used to submit information to the secretary as required by this
section.
  (8) Except as otherwise provided in this section, any
information provided to the Secretary of State under this section
is confidential. The name of each inmate for whom information is
submitted to the secretary under this section may not be linked
to the information submitted. Each inmate's name is confidential
and may not be disclosed, except that the information may be
aggregated by geographic unit for the purpose of apportioning the
state into legislative districts as described in this
section. + }
  SECTION 7.  { + The adjusted population data prepared by the
Secretary of State under section 6 of this 2013 Act shall be the
population data used to redistrict counties or municipalities.
Residents of unknown geographic locations within this state or at
residences not in this state may not be used to determine the
average population of any geographic unit for purposes of
redistricting counties or municipalities. + }
  SECTION 8. ORS 171.068 is amended to read:
  171.068. (1) For purposes of ORS 171.060, 171.062 and 171.064,
the county court or the board of county commissioners which shall
fill the vacancy in the Legislative Assembly in a district
created by   { - reapportionment - }  { +  a redistricting
plan + } shall be the county court or board of county
commissioners of each county any part of which is in the district
that is created by the
  { - reapportionment - }  { +  redistricting plan + } and
includes the residence from which the former Senator or
Representative was elected.
  (2) Each person nominated by a major political party to fill a
vacancy in the Legislative Assembly occurring as described by ORS
171.051 in a district created by   { - reapportionment - }  { +
a redistricting plan + } must be registered to vote in the
district from which the former Senator or Representative was
elected and must have been a member of the same major political
party at least 180 days before the date the vacancy to be filled
occurred.
  (3) This section shall apply only to a vacancy in the
Legislative Assembly occurring after the primary election next
following   { - reapportionment - }  { +  the adoption of a
redistricting plan + } and before a person has been elected and
qualified to fill the vacancy.
  SECTION 9.  { + This 2013 Act does not take effect unless the
amendment to the Oregon Constitution proposed by House Joint
Resolution 17 (2013) is approved by the people at the next
regular general election held throughout this state. This 2013
Act takes effect on the effective date of that constitutional
amendment. + }
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