HOUSE BILL 971354
BY REPRESENTATIVES McPherson, Lamborn, and Young;
also SENATOR Wells.
CONCERNING COMPUTER SYSTEMS FOR USE IN REAPPORTIONMENT,
AND MAKING AN APPROPRIATION THEREFOR.
Be it enacted by the General Assembly of the State
SECTION 1. Computer
system for courtordered reapportionment. (1) The
general assembly hereby finds that the United States court of
appeals for the tenth circuit has ordered the state of Colorado
to implement a remedial plan of redistricting consistent with
its opinion in Sanchez v. State of Colorado, 97 F.3d 1303
(10th Cir. 1996), and with section 2 of the federal "Voting
Rights Act", 42 U.S.C. sec. 1973. The general assembly further
finds that in order to accomplish that task, a computer system
needs to be developed, which shall incorporate a data base as
described in this section.
(2) The director of research of the legislative
council shall be responsible for the development of a computer
system for use in the courtordered reapportionment process.
Upon approval by the executive committee of the legislative council,
the director of research may contract for the acquisition of such
computer software and hardware, and for the provision of such
computer services, as are necessary to develop the computer system.
The computer system shall be developed so as to be available
for use during the 1997 legislative interim.
(3) The data base prepared for the computer
system shall incorporate official United States bureau of the
census 1990 population figures and racial and ethnic data. The
data base shall also include election returns and voter registration
information from the 1988 and 1990 general elections.
(4) The data base shall include only the
geographic area encompassed by house districts 44, 45, 46, 47,
60, and 61.
SECTION 2. 15101,
Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
15101. Establishing precincts
and polling places for partisan elections.
(5) IN ORDER TO FACILITATE THE PREPARATION OF A COMPUTERIZED
DATA BASE FOR USE IN THE REAPPORTIONMENT PROCESS THAT WILL TAKE
PLACE AFTER THE DECENNIAL CENSUS IN THE YEAR 2000, THE COUNTY
CLERK AND RECORDER OF EACH COUNTY, SUBJECT TO APPROVAL BY THE
BOARD OF COUNTY COMMISSIONERS, SHALL ESTABLISH PRECINCT BOUNDARIES
WHICH SHALL REMAIN IN EFFECT UNTIL AFTER THE GENERAL ELECTION
IN 2000; EXCEPT THAT THE PRECINCTS SO ESTABLISHED MAY BE SUBDIVIDED
WITHIN THE BOUNDARIES OF THE ORIGINAL PRECINCT. SUCH PRECINCTS
SHALL BE ESTABLISHED NO LATER THAN TWENTYNINE DAYS PRIOR
TO THE PRECINCT CAUCUS DAY IN 1998; EXCEPT THAT, IN COUNTIES AFFECTED
BY THE REAPPORTIONMENT PLAN REQUIRED BY SANCHEZ V. STATE OF
COLORADO, 97 F.3d 1303 (10TH CIR. 1996), SUCH PRECINCTS SHALL
BE ESTABLISHED WITHIN TWO WEEKS AFTER THE FEDERAL DISTRICT COURT
APPROVES OF SUCH REAPPORTIONMENT PLAN. IN ESTABLISHING PRECINCT
BOUNDARIES PURSUANT TO THE PROVISIONS OF THIS SUBSECTION (5),
COUNTY CLERK AND RECORDERS AND BOARDS OF COUNTY COMMISSIONERS
SHALL TO THE EXTENT REASONABLY POSSIBLE UTILIZE NATURAL AND MANMADE
BOUNDARIES THAT MEET THE REQUIREMENTS FOR VISIBLE FEATURES ADOPTED
BY THE UNITED STATES BUREAU OF THE CENSUS.
SECTION 3. Appropriation.
In addition to any other appropriation, there is hereby appropriated,
out of any moneys in the general fund not otherwise appropriated,
to the legislative council, the sum of four hundred thousand dollars
($400,000), or so much thereof as may be necessary, for the implementation
of section 1 of this act. This amount is appropriated pursuant
to a final court order for case #941471. This amount is
exempt from the statutory limit on state general fund appropriations
pursuant to section 2475201.1 (1) (a) (III) (B), Colorado
Revised Statutes. The moneys appropriated by this section shall
become available upon passage of this act and shall remain available
until June 30, 1998; except that the Executive Committee of the
Legislative Council may order that no further moneys be obligated
for the development of the computer system specified in section
1 of this act if it determines that developments in the case of
Sanchez v. State of Colorado warrant such action, and any
unused moneys shall revert to the general fund.
SECTION 4. Safety clause.
The general assembly hereby finds, determines, and declares that
this act is necessary for the immediate preservation of the public
peace, health, and safety.
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
GOVERNOR OF THE STATE