Kentucky 2022 Regular Session

Kentucky Senate Bill SB355 Latest Draft

Bill / Introduced Version

                            UNOFFICIAL COPY  	22 RS BR 1375 
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AN ACT relating to redistricting. 1 
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 
SECTION 1. A NEW SECTION OF KRS CHAPTER 5 IS CREATED TO 3 
READ AS FOLLOWS: 4 
As used in Sections 1 to 4 of this Act: 5 
(1) "Committee" means the Kentucky Committee on Legislative Redistricting created 6 
in Section 2 of this Act; 7 
(2) "Population" means the most recent United States Census data collected under 8 
Pub. L. No. 94-171; and 9 
(3) "Redistricting" means the drawing of boundary lines for legislative districts. 10 
SECTION 2. A NEW SECTION OF KRS CHAPTER 5 IS CREATED TO 11 
READ AS FOLLOWS: 12 
(1) The Kentucky Committee on Legislative Redistricting is hereby established. The 13 
membership of the committee shall be composed of one (1) faculty member from 14 
each of the public universities of the Commonwealth who shall be appointed by 15 
the president of each public university of the Commonwealth. Each committee 16 
member shall be: 17 
(a) The chair of the geography department of the public university or another 18 
member of the geography faculty who has expertise in Kentucky geography; 19 
or 20 
(b) A professor of law or political science, or a faculty member with expertise 21 
and extensive knowledge and experience related to redistricting law or 22 
demographic data, statistics, and characteristics regarding Kentucky's 23 
population. 24 
(2) Members of the committee shall be appointed no later than July 1, 2030, and 25 
thereafter members shall be appointed or reappointed no later than July 1 of 26 
each year in which the decennial census is taken. The president of each public 27  UNOFFICIAL COPY  	22 RS BR 1375 
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university of the Commonwealth shall fill a vacancy that occurs from a prior 1 
appointment of a member of the faculty from his or her university, including 2 
cases in which a faculty member resigns from his or her position with the 3 
university at which he or she was employed. 4 
(3) The committee shall be attached to the Legislative Research Commission for 5 
administrative and budgetary purposes. 6 
(4) Members of the committee shall receive per diem compensation as determined by 7 
the Legislative Research Commission. 8 
(5) The committee shall have the authority to: 9 
(a) Contract for such expert services as may be necessary to carry out its duties; 10 
(b) Purchase equipment and computer software as may be necessary to carry 11 
out its duties; 12 
(c) Hold public hearings in any county in the Commonwealth to obtain 13 
information relevant to redistricting; 14 
(d) Hire administrative staff to assist in its duties; and 15 
(e) Consult with staff of the Legislative Research Commission in implementing 16 
its duties. 17 
(6) The initial meeting of the committee shall take place at the State Capitol in 18 
Frankfort no later than September 1, 2030, and during subsequent redistricting 19 
cycles no later than September 1 of each year in which the decennial census is 20 
taken. At the initial meeting, the members of the committee shall select from 21 
among the members a chair who shall preside over meetings and direct the work 22 
of the committee. The committee shall meet at least once each month until the 23 
submission of redistricting plans to the Legislative Research Commission under 24 
Section 4 of this Act. 25 
(7) A majority of the committee shall be required in order to approve and submit 26 
redistricting plans under Section 3 and 4 of this Act. A meeting of the committee 27  UNOFFICIAL COPY  	22 RS BR 1375 
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shall not be held without notice to all members of the committee. 1 
(8) All records of the committee shall be considered open records in accordance with 2 
KRS 61.870 to 61.884, and all records and other information generated by the 3 
committee shall be made available to the public on the Web site established in 4 
KRS 7.505. 5 
(9) All meetings of the committee shall be considered open meetings in accordance 6 
with KRS 61.805 to 61.850. 7 
SECTION 3. A NEW SECTION OF KRS CHAPTER 5 IS CREATED TO 8 
READ AS FOLLOWS: 9 
(1) The duties of the committee shall include the development of plans for the 10 
redistricting of state legislative districts and United States congressional districts. 11 
(2) The committee shall develop redistricting plans based on population and develop 12 
not less than one (1) plan for each of the following: 13 
(a) State legislative districts composed of thirty-eight (38) senatorial districts 14 
and one hundred (100) representative districts; and 15 
(b) United States congressional districts based on the number of representatives 16 
allocated to the Commonwealth. 17 
(3) The standards for creating districts for the election of members of the General 18 
Assembly shall be in accordance with the Constitution of the United States, the 19 
Voting Rights Act of 1965, as amended, and other relevant federal law, and the 20 
Constitution of Kentucky and other relevant state laws, and be consistent with the 21 
following principles: 22 
(a) To form senatorial and representative districts with minimal percentages of 23 
deviation in population; 24 
(b) To minimize variations from existing district lines insofar as it is feasible; 25 
(c) To create districts that are as compact in size as feasible; 26 
(d) To create districts composed of whole counties and communities insofar as 27  UNOFFICIAL COPY  	22 RS BR 1375 
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it is feasible, while recognizing that some counties and communities may of 1 
necessity be divided to achieve the required equality in population;  2 
(e) To recognize and consider patterns of geography, social interaction, trade, 3 
political ties, and common interest among counties and communities of the 4 
Commonwealth; and 5 
(f) Other traditional redistricting principles. 6 
(4) The standard for creating United States congressional districts shall be in 7 
accordance with the Constitution of the United States, the Voting Rights Act of 8 
1965, as amended, and other relevant federal law, and be consistent with the 9 
following principles: 10 
(a) To form United States congressional districts with variation in population 11 
so minimal as to comply with the principle of "one person, one vote"; 12 
(b) To minimize variations from existing district lines insofar as it is feasible; 13 
(c) To create districts that are as compact in size as feasible; 14 
(d) To create districts composed of whole counties and communities insofar as 15 
it is feasible, while recognizing that some counties and communities may of 16 
necessity be divided to achieve the required equality in population; and 17 
(e) To recognize and consider patterns of geography, social interaction, trade, 18 
political ties, and common interest among counties and communities of the 19 
Commonwealth. 20 
(5) The committee shall develop separate redistricting legislation for state legislative 21 
districts and for United States congressional districts. 22 
SECTION 4. A NEW SECTION OF KRS CHAPTER 5 IS CREATED TO 23 
READ AS FOLLOWS: 24 
(1) On or before October 15, 2031, and thereafter no later than October 15 of each 25 
year following the decennial census, the committee shall prepare not less than 26 
one (1) plan based on population for the redistricting of each of the following: 27  UNOFFICIAL COPY  	22 RS BR 1375 
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(a) Not less than one (1) plan concerning state legislative districts, dividing the 1 
Commonwealth into thirty-eight (38) senatorial districts and one hundred 2 
(100) representative districts; and 3 
(b) Not less than one (1) plan dividing the Commonwealth into the number of 4 
United States congressional districts allocated to the Commonwealth. 5 
(2) The committee shall present the redistricting plan as set forth in subsection (1) of 6 
this section to the Legislative Research Commission no later than October 15, 7 
2031, and thereafter no later than October 15 of each year following the 8 
decennial census. 9 
(3) The Legislative Research Commission shall refer the redistricting legislation to 10 
the Interim Joint Committee on State Government for discussion at its October 11 
and November meetings, and the Interim Joint Committee on State Government 12 
may hold special meetings as deemed necessary. The Interim Joint Committee on 13 
State Government may recommend enactment or rejection of the committee's 14 
redistricting plan, but shall not recommend alteration or amendment to the 15 
proposed legislation, except for proposed technical amendments which do not 16 
alter or amend the substance of the plans. 17 
(4) During the Regular Session of the General Assembly following the review of the 18 
Interim Joint Committee on State Government, or during an Extraordinary 19 
Session called by the Governor for the purposes of redistricting following the 20 
review of the Interim Joint Committee on State Government, the General 21 
Assembly shall consider the committee's redistricting plan for enactment into 22 
law. The General Assembly may enact or reject the committee's redistricting plan, 23 
but may not alter or amend the plan, except for technical amendments which do 24 
not alter or amend the substance of the legislation. 25 
(5) The Speaker of the House shall introduce in the House of Representatives and 26 
the President of the Senate shall introduce in the Senate the redistricting 27  UNOFFICIAL COPY  	22 RS BR 1375 
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legislation on the first day of the Regular Session of the General Assembly or an 1 
Extraordinary Session of the General Assembly following the committee's 2 
submission of its redistricting plan. The Speaker of the House shall sponsor the 3 
legislation in the House of Representatives and the President of the Senate shall 4 
sponsor the legislation in the Senate. If the Speaker of the House or the President 5 
of the Senate does not introduce redistricting legislation as submitted by the 6 
committee, the legislation shall be introduced and sponsored by the minority floor 7 
leader of the House of Representatives and the Senate, respectively. The 8 
Committee on Committees of both the House of Representatives and the Senate 9 
shall refer the redistricting legislation to the House Standing Committee on State 10 
Government and the Senate Standing Committee on State and Local 11 
Government, respectively. 12 
(6) The General Assembly shall separately consider enactment or rejection of the 13 
committee's redistricting plan legislation for state legislative districts and for 14 
United States congressional districts. 15 
(7) If the General Assembly does not enact the redistricting plan legislation of the 16 
committee for state legislative districts or United States congressional districts by 17 
the first Tuesday after the fifth Monday of the year following the committee's 18 
submission of the plan to the Legislative Research Commission, the General 19 
Assembly shall return the redistricting legislation to the committee and request 20 
development of a new plan for the redistricting of state legislative districts or 21 
United States congressional districts in accordance with Section 3 of this Act. The 22 
General Assembly shall communicate to the committee its reasons for not 23 
enacting redistricting legislation. The committee may incorporate changes 24 
requested by the General Assembly in drafting any new redistricting plan, but 25 
shall not be required to make the changes requested. The committee shall submit 26 
a new redistricting plan within five (5) working days of receipt of 27  UNOFFICIAL COPY  	22 RS BR 1375 
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communications from the General Assembly. The committee shall submit the 1 
new redistricting plan to the Speaker of the House of Representatives and the 2 
President of the Senate, who shall introduce the legislation and forward it to the 3 
Committee on Committees of their respective chambers. The Committee on 4 
Committees in each chamber shall refer the redistricting legislation only to the 5 
committees specified in subsection (5) of this section. The committees specified in 6 
subsection (5) of this section shall recommend enactment of the committee's 7 
redistricting plan legislation as presented and shall not alter or amend the 8 
legislation, except for technical amendments which do not alter or amend the 9 
substance of the legislation. The General Assembly shall then enact the 10 
redistricting legislation as presented and shall not alter or amend the legislation, 11 
except for technical amendments which do not alter or amend the substance of 12 
the legislation. 13 
(8) The filing deadline for the primary for the year following the committee's 14 
submission of redistricting legislation to the Legislative Research Committee 15 
shall be seven (7) calendar days following the enactment of redistricting 16 
legislation by the General Assembly or the statutory deadline, whichever is later. 17