DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 228 Original 2017 Regular Session Smith
Abstract: Provides, for purposes of all redistricting by the legislature, that an incarcerated person
shall be counted at his last known residential address prior to incarceration if within the state,
and if the last known residential address is outside of the state, unknown, or unreported, the
incarcerated person shall be subtracted from the census count.
Present constitution (Const. Art. III, ยง6) requires the legislature to reapportion the representation of
each house of the legislature as equally as practicable on the basis of the population shown by the
census, no later than the end of the year following the year in which the population of this state is
reported to the president of the U.S. for each decennial federal census. Provides if the legislature
fails, the supreme court shall reapportion the legislature, upon the petition of any elector.
Present law (La. Election Code) provides that in accordance with the present constitution,
the tabulation of population for each decennial census on the basis of which the legislature shall
reapportion the representation in each house shall be the tabulation of population reported and
transmitted by the U.S. Census Bureau to the governor and the legislature within one year after the
census date, under the provisions of Public Law 94-171. Further requires that such tabulation of
population be the sole basis for the establishment of legislative districts, and prohibits any other or
subsequent tabulation of population from being considered or utilized in such reapportionment.
Proposed law provides instead that the tabulation of population for each decennial census on the
basis of which the legislature shall reapportion the representation in each house shall be the
tabulation of population reported and transmitted by the U.S. Census Bureau to the governor and the
legislature within one year after the census date, under the provisions of Public Law 94-171 as
adjusted pursuant to proposed law.
Proposed law requires the secretary of the DPS&C, the deputy secretary of youth services, each
sheriff, and each chief law enforcement officer of a municipality that operates a correctional facility
to submit a report to the legislature no later than Sept. 1 of the year of the federal decennial census
containing the following information for each incarcerated person under his respective jurisdiction:
(1)A unique identifier for each such person, not including the person's name.
(2)The street address of the correctional facility in which such person was incarcerated on April
first of that year.
(3)The residential address of such person immediately prior to incarceration, if known. (4)The age, sex, and race of the person.
Proposed law further requires the legislature, no later than July first of each year in which the federal
decennial census is taken, to request the same information in a report submitted by Sept. first from
the Federal Bureau of Prisons for each incarcerated person residing, on April first of that year, in a
facility managed by the bureau and within the boundaries of the state.
Proposed law provides that as soon as practicable after the receipt of the tabulation of population
from the U.S. Census Bureau, the designated staff of the legislature shall utilize information
submitted pursuant to proposed law and prepare a draft adjustment of population as follows:
(1)If the residential address of the person immediately prior to incarceration is within the
boundaries of the state, determine the census block corresponding to the address and add the
person to the count for that block and remove the person from the count for the block in
which the facility is located.
(2)If the residential address of the person is unknown, unreported, or outside the boundaries of
the state, remove the person from the count for the block in which the facility is located.
Proposed law requires the draft adjustment to be published on the website of the legislature as soon
as practicable following its completion and to be submitted for approval by the Committees on
House and Governmental Affairs and Senate and Governmental Affairs at a joint meeting held no
sooner than five days after the draft adjustment is published and no later than 30 days after its
publication.
Proposed law specifies that once approved, the adjusted tabulation of population shall be the
population data utilized by the legislature to establish districts for the election of members to each
house of the legislature, the districts for the election of members of the U.S. House of
Representatives, the districts for the election of members of the PSC, the districts for the election
of members of the BESE, and the election districts of any other office or jurisdiction that is required
to be established or changed by law.
(Amends R.S. 18:1906)