First Regular Session

Sixty-first General Assembly

LLS NO. R97@0803.01 RCL

STATE OF COLORADO

BY REPRESENTATIVE McPherson;

also SENATOR Wells.

JUDICIARY

HOUSE JOINT RESOLUTION 97-1045

WHEREAS, In Sanchez v. State of Colorado, 97 F.3d 1303 (10th Cir. 1996), the U.S. Court of Appeals for the Tenth Circuit held that House District 60 as currently configured violates section 2 of the federal "Voting Rights Act", 42 U.S.C. ' 1973; and

WHEREAS, The Court of Appeals remanded the Sanchez case to the federal district court with directions to order the State to implement a remedial plan of redistricting consistent with its opinion and with said section 2; and

WHEREAS, The State of Colorado has filed a Petition for Writ of Certiorari with the U.S. Supreme Court, but a decision on that petition is not expected prior to the adjournment sine die of the 1997 session of the General Assembly; and

WHEREAS, It is incumbent on the General Assembly to adopt procedures for the redistricting process which will be implemented in the event that certiorari is denied; and

WHEREAS, The appellate court's mandate to redraw district boundaries in mid­decade, rather than following a new federal census, presents unique circumstances; and

WHEREAS, Section 48 of article V of the state constitution authorizes the convening of a reapportionment commission only after each federal census, and said section provides that the offices of commission members terminate after their plan is implemented; and

WHEREAS, The Colorado Supreme Court in In re Interrogatories Propounded by Senate Concerning House Bill 1078, 189 Colo. 1, 536 P.2d 308 (1975), noted that article V, section 48 reflects the people's intent that there be no reapportionment between commissions; and

WHEREAS, Since existing constitutional and statutory provisions do not address the current circumstances of a court­ordered redistricting, the General Assembly must designate the most appropriate method of redistricting; and

WHEREAS, The General Assembly should assume responsibility for drawing the remedial plan for House District 60 and surrounding districts, since the General Assembly is directly responsible to the people, the open meetings and open records laws will assure maximum public participation and input into the process, and the legislative process is best suited to take into account the interests of the many persons who have a stake in the outcome of the court­ordered reapportionment; and

WHEREAS, The General Assembly can complete a remedial plan according to a schedule that allows the federal court to review the remedial plan, enables county clerk and recorders to make any necessary adjustments in precinct boundaries, and lets potential candidates for the House of Representatives make decisions, all prior to the beginning of the 1998 general election calendar; now, therefore,

Be It Resolved by the House of Representatives of the Sixty­first General Assembly of the State of Colorado, the Senate concurring herein:

(1)  That an interim committee shall be appointed to recommend a remedial plan for House District 60 and other affected House districts to the Second Regular Session of the Sixty­first General Assembly.

(2) That the interim committee shall consist of four members of the House of Representatives appointed by the Speaker of the House of Representatives, two members of the House of Representatives appointed by the minority leader of the House of Representatives, two members of the Senate appointed by the President of the Senate, and one member of the Senate appointed by the minority leader of the Senate.

(3)  That the remedial plan shall be drawn in accordance with the opinion of the Tenth Circuit Court of Appeals in Sanchez v. State of Colorado, 97 F.3d 1303 (10th Cir. 1996).

(4) That the interim committee shall formulate a preliminary plan, publicize and hold public hearings in the areas of Colorado that are affected by the plan, and thereafter adopt a final recommendation for the remedial plan.

(5)  That the interim committee shall report its recommended remedial plan to the Legislative Council no later than November 15, 1997, in accordance with Joint Rule No. 24 (b) (1) (D) of the Joint Rules of the Senate and House of Representatives.

(6)  That the remedial plan shall be introduced and considered as a bill during the Second Regular Session of the Sixty­first General Assembly no later than Friday, January 30, 1998.

(7)  That all expenditures incurred by the interim committee directed by this Resolution shall be approved by the chairman of the Legislative Council and paid by vouchers and warrants drawn as provided by law from funds allocated to the Legislative Council from appropriations made by the General Assembly.