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2011 - 2012 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2011 SENATE BILL 149
July 20, 2011 - Offered by Representatives Hulsey, Pocan, Barca, Berceau,
Bernard Schaber, Bewley, Clark, E. Coggs, D. Cullen, Danou, Doyle, Fields,
Grigsby, Hebl, Hintz, Jorgensen, Mason, Milroy, Molepske Jr, Pasch,
Pope-Roberts, Radcliffe, Richards, Ringhand, Roys, Seidel, Shilling,
Sinicki, Staskunas, Steinbrink, Toles, Turner, Vruwink, Young, Zamarripa

and Zepnick.
SB149-ASA1,1,3 1An Act to create 4.006 of the statutes; relating to: preparation of legislative
2and congressional districting plans by the Legislative Reference Bureau and
3the Government Accountability Board.
Analysis by the Legislative Reference Bureau
The Wisconsin Constitution requires the legislature to redistrict legislative
districts according to the number of inhabitants at its next session following each
decennial federal census. The legislature also reapportions congressional districts
pursuant to federal law.
This substitute amendment creates a new procedure for the preparation of
legislative and congressional redistricting plans. The substitute amendment
requires the Legislative Reference Bureau (LRB) and the Government
Accountability Board (GAB) to jointly develop standards for legislative and
congressional districts based on population requirements under the Wisconsin
Constitution and the U.S. Constitution and requirements under Section 2 of the
Voting Rights Act. One of the standards must be electoral competitiveness of the
districts. The substitute amendment then directs the LRB and the GAB to draw
redistricting plans for submission to the legislature for approval in accordance with
the standards. Under the substitute amendment, no later than January 1 of the
second year following the decennial federal census, the LRB and the GAB must
deliver to the majority leader of the senate and speaker of the assembly identical bills
embodying a plan of legislative and congressional districting.

The substitute amendment requires either the assembly or the senate to
expeditiously introduce and bring a bill to a vote not less than seven days after the
date of introduction. The vote must be under a procedure or rule permitting no
amendments, except those of a purely corrective nature. If a bill is approved by the
first house in which it is considered, the bill must expeditiously be brought to a vote
in the second house under a similar procedure or rule.
If neither of the bills delivered by the LRB and the GAB is approved by the
assembly and the senate, the LRB and the GAB must then prepare identical bills
embodying a second plan of legislative and congressional redistricting. The LRB and
the GAB must deliver the bill to the majority leader of the senate and the speaker
of the assembly no later than 21 days after the date of the vote by which the senate
or assembly failed to approve the first bill. This second bill must be expeditiously
introduced and brought to a vote not less than seven days after the date of
introduction, in the same manner as prescribed for the initial bill.
If the second bill is not approved by the assembly and the senate, the same
procedure applies for the preparation of a third plan by the LRB and the GAB and
legislative consideration of a third plan. The substitute amendment does not provide
any procedure for the preparation and submission of a fourth plan by the LRB and
the GAB. It is important to note that the procedure established under the substitute
amendment for legislative consideration of any legislative or congressional
districting plan is a rule of proceeding under the Wisconsin Constitution and, as
such, would not be legally enforceable in a court of law if the assembly or senate failed
to follow the procedure.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB149-ASA1, s. 1 1Section 1. 4.006 of the statutes is created to read:
SB149-ASA1,2,7 24.006 Redistricting procedure. (1) The legislative reference bureau and
3the government accountability board shall develop standards for legislative and
4congressional districts based on population requirements under the Wisconsin
5Constitution and the U.S. Constitution and requirements under section 2 of the
6Voting Rights Act. One of the standards must be the electoral competitiveness of the
7districts.
SB149-ASA1,3,8 8(2) Not later than January 1 of the 2nd year following the decennial federal
9census, the legislative reference bureau and the government accountability board
10shall jointly deliver to the majority leader of the senate and speaker of the assembly

1identical bills creating plans of legislative and congressional redistricting, prepared
2in accordance with standards developed by the legislative reference bureau and the
3government accountability board under sub. (1). Either the assembly or the senate
4shall expeditiously introduce and bring a bill to a vote not less than 7 days after the
5date of introduction. The vote shall be under a procedure or rule permitting no
6amendments except those of a purely corrective nature. If a bill is approved by the
7first house in which it is considered, the bill shall expeditiously be brought to a vote
8in the 2nd house under a similar procedure or rule.
SB149-ASA1,3,20 9(3) If neither of the bills delivered by the legislative reference bureau and the
10government accountability board under sub. (2) is approved by both the assembly
11and the senate, the legislative reference bureau and the government accountability
12board shall prepare identical bills embodying a 2nd plan of legislative and
13congressional redistricting. The legislative reference bureau and the government
14accountability board shall deliver the bills to the majority leader of the senate and
15the speaker of the assembly no later than 21 days after the date of the vote by which
16the senate or the assembly failed to approve the bill submitted under sub. (2). Any
17bill delivered by the legislative reference bureau and the government accountability
18board under this subsection shall be expeditiously introduced and brought to a vote
19not less than 7 days after the date of introduction, in the same manner as prescribed
20for the bill required under sub. (2).
SB149-ASA1,3,24 21(4) If neither of the bills delivered by the legislative reference bureau and the
22government accountability board under sub. (3) is approved by both the assembly
23and the senate, the same procedure as prescribed by sub. (2) shall be followed for the
24preparation and legislative consideration of a 3rd plan.
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