First Regular Session
Sixty-second General Assembly
LLS NO. 99-0782.01 Becky Lennahan SENATE BILL 99-206
STATE OF COLORADO
BY SENATORS Owen, Andrews, Blickensderfer, Congrove, Lamborn,
Musgrave, Powers, and Wattenberg;
also REPRESENTATIVES McElhany, Allen, Berry, Dean, Fairbank,
George, May, McKay, Mitchell, Paschall, Pfiffner, Stengel, Swenson,
Taylor, Tool, Webster, Witwer, and Young.
REREVISED
STATE, VETERANS, & MILITARY AFFAIRS
A BILL FOR AN ACT
101 CONCERNING THE POPULATION DATA TO BE USED FOR REDISTRICTING
102 AFTER THE FEDERAL CENSUS IN THE YEAR 2000.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
Page 2
Requires that the general assembly and the Colorado
reapportionment commission use the same population data as is used to
apportion seats in the United States house of representatives when they
redraw the boundaries of congressional and state legislative districts after
the federal census in the year 2000.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Article 2 of title 2, Colorado Revised Statutes, is
3 amended BY THE ADDITION OF A NEW PART to read:
4 PART 9
5 CENSUS DATA FOR REDISTRICTING
6 2-2-901. Population data for redistricting. (1) THE GENERAL
7 ASSEMBLY HEREBY FINDS AND DECLARES THAT:
8 (a) SECTION 44 OF ARTICLE V OF THE STATE CONSTITUTION
9 REQUIRES THE GENERAL ASSEMBLY TO DIVIDE THE STATE INTO
10 CONGRESSIONAL DISTRICTS AFTER EACH NEW APPORTIONMENT OF SEATS
11 IN THE UNITED STATES HOUSE OF REPRESENTATIVES, AND A NEW
12 APPORTIONMENT OCCURS AFTER EACH FEDERAL DECENNIAL CENSUS;
13 (b) SECTION 48 OF ARTICLE V OF THE STATE CONSTITUTION
14 REQUIRES THAT A REAPPORTIONMENT COMMISSION BE APPOINTED AFTER
15 EACH FEDERAL CENSUS TO ESTABLISH, REVISE, AND ALTER THE STATE
16 SENATORIAL AND REPRESENTATIVE DISTRICTS;
17 (c) THESE SECTIONS IMPLY THAT THE GENERAL ASSEMBLY AND THE
18 REAPPORTIONMENT COMMISSION MUST PERFORM THEIR CONSTITUTIONAL
19 DUTY TO REDRAW THE BOUNDARIES OF CONGRESSIONAL AND STATE
20 LEGISLATIVE DISTRICTS USING POPULATION DATA DERIVED FROM THE
21 LATEST FEDERAL CENSUS, SO THAT THE EQUAL POPULATION
22 REQUIREMENTS OF THE FEDERAL AND STATE CONSTITUTIONS CAN BE
Page 3
1 SATISFIED;
2 (d) FEDERAL OFFICIALS HAVE PROPOSED USING STATISTICAL
3 SAMPLING TECHNIQUES TO MODIFY THE TRADITIONAL HEADCOUNT OF THE
4 POPULATION;
5 (e) THE UNITED STATES SUPREME COURT HAS HELD THAT THE
6 FEDERAL CENSUS ACT PROHIBITS THE USE OF STATISTICALLY ADJUSTED
7 POPULATION DATA TO APPORTION SEATS IN THE UNITED STATES HOUSE OF
8 REPRESENTATIVES AMONG THE STATES;
9 (f) MANY HAVE ARGUED THAT STATISTICALLY ADJUSTED
10 POPULATION DATA DOES NOT SATISFY THE REQUIREMENT OF THE FEDERAL
11 CONSTITUTION FOR AN "ACTUAL ENUMERATION" OF THE POPULATION;
12 (g) THERE IS NO REASON FOR CONGRESS TO USE ONE SET OF
13 POPULATION DATA FOR APPORTIONMENT OF SEATS IN CONGRESS AND FOR
14 STATE REDISTRICTING AUTHORITIES TO USE A DIFFERENT SET OF DATA TO
15 REDRAW CONGRESSIONAL AND STATE LEGISLATIVE DISTRICT BOUNDARIES,
16 AND THE FEDERAL GOVERNMENT WOULD INCUR ADDITIONAL COSTS BY
17 FURNISHING TWO SETS OF DATA TO THE STATES;
18 (h) USING DIFFERENT POPULATION DATA FOR REDISTRICTING
19 WOULD SUBJECT THE STATE OF COLORADO TO THE RISK OF LITIGATION
20 OVER THE APPROPRIATE POPULATION FIGURES, WHICH FORM THE VERY
21 FOUNDATION OF ANY CONGRESSIONAL OR STATE LEGISLATIVE
22 REDISTRICTING PLAN;
23 (i) IT IS THEREFORE NECESSARY TO ESTABLISH THE INTENT OF THE
24 GENERAL ASSEMBLY THAT THE SAME POPULATION DATA BE USED IN THE
25 CONGRESSIONAL AND STATE LEGISLATIVE REDISTRICTING PROCESSES AS
26 IS USED FOR PURPOSES OF APPORTIONING SEATS IN THE UNITED STATES
Page 4
1 HOUSE OF REPRESENTATIVES AMONG THE STATES.
2 (2) FOR PURPOSES OF REDRAWING THE BOUNDARIES OF
3 CONGRESSIONAL, STATE SENATORIAL, AND STATE REPRESENTATIVE
4 DISTRICTS AFTER THE FEDERAL CENSUS IN THE YEAR 2000, THE GENERAL
5 ASSEMBLY AND THE COLORADO REAPPORTIONMENT COMMISSION SHALL
6 USE POPULATION DATA SUPPLIED BY THE UNITED STATES BUREAU OF THE
7 CENSUS THAT HAS BEEN USED TO APPORTION THE SEATS IN THE UNITED
8 STATES HOUSE OF REPRESENTATIVES AMONG THE STATES.
9 SECTION 2. Safety clause. The general assembly hereby finds,
10 determines, and declares that this act is necessary for the immediate
11 preservation of the public peace, health, and safety.