HLS 19RS-442 ORIGINAL
2019 Regular Session
HOUSE BILL NO. 46
BY REPRESENTATIVE BOUIE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
REAPPORTIONMENT: Provides relative to the allocation of incarcerated persons for the
purposes of all redistricting by the legislature
1 AN ACT
2To amend and reenact R.S. 18:1906, relative to census tabulations for reapportionment and
3 redistricting purposes; to provide the manner by which persons in correctional
4 facilities shall be allocated for such purposes; to provide procedures; and to provide
5 for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 18:1906 is hereby amended and reenacted to read as follows:
8 §1906. Tabulation for reapportionment; legislature; redistricting
9 A. In accordance with Article III, Section 6(A) of the Constitution of
10 Louisiana, the tabulation of population for each decennial census, on the basis of
11 which the legislature shall reapportion the representation in each house, shall be the
12 tabulation of population reported and transmitted by the United States Bureau of the
13 Census to the governor and the legislature within one year after the census date,
14 under the provisions of Public Law 94-171. Such tabulation of population shall be
15 the sole basis for the establishment of legislative districts, and no other or subsequent
16 tabulation of population shall be considered or utilized in such reapportionment.
17 adjusted as provided in Subsection C of this Section.
18 B.(1) No later than September first of each year in which the federal
19 decennial census is taken, the secretary of the Department of Public Safety and
20 Corrections shall submit a report to the legislature containing the following
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1 information for each incarcerated person subject to the jurisdiction of the
2 department, excluding youth services, on April first of that year:
3 (a) A unique identifier for each such person, not including the person's name.
4 (b) The street address of the correctional facility in which such person was
5 incarcerated on April first of that year.
6 (c) The residential address of such person immediately prior to incarceration,
7 if known.
8 (d) The age, sex, and race of the person.
9 (2) No later than September first of each year in which the federal decennial
10 census is taken, the deputy secretary of youth services of the Department of Public
11 Safety and Corrections shall submit a report to the legislature containing the
12 following information for each incarcerated person subject to the jurisdiction of
13 youth services on April first of that year:
14 (a) A unique identifier for each such person, not including the person's name.
15 (b) The street address of the facility in which such person was incarcerated
16 on April first of that year.
17 (c) The residential address of such person immediately prior to incarceration,
18 if known.
19 (d) The age, sex, and race of the person.
20 (3) No later than September first of each year in which the federal decennial
21 census is taken, each sheriff shall submit a report to the legislature containing the
22 following information for each incarcerated person under the jurisdiction of the
23 sheriff on April first of that year, excluding any person under the jurisdiction of the
24 Department of Public Safety and Corrections:
25 (a) A unique identifier for each such person, not including the person's name.
26 (b) The street address of the correctional facility in which such person was
27 incarcerated on April first of that year.
28 (c) The residential address of such person immediately prior to incarceration,
29 if known.
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HB NO. 46
1 (d) The age, sex, and race of the person.
2 (4) No later than September first of each year in which the federal decennial
3 census is taken, the chief law enforcement officer of a municipality that operates a
4 correctional facility shall submit a report to the legislature containing the following
5 information for each incarcerated person under the jurisdiction of the chief law
6 enforcement officer of the municipality on April first of that year, excluding any
7 person under the jurisdiction of the Department of Public Safety and Corrections or
8 the sheriff:
9 (a) A unique identifier for each such person, not including the person's name.
10 (b) The street address of the correctional facility in which such person was
11 incarcerated on April first of that year.
12 (c) The residential address of such person immediately prior to incarceration,
13 if known.
14 (d) The age, sex, and race of the person.
15 (5) No later than July first of each year in which the federal decennial census
16 is taken, the legislature shall request that the Federal Bureau of Prisons provide a
17 report to the legislature by September first of that year containing the following
18 information for each incarcerated person residing, on April first of that year, in a
19 facility managed by the bureau and within the boundaries of the state:
20 (a) A unique identifier for each such person, not including the person's name.
21 (b) The street address of the correctional facility in which such person was
22 incarcerated on April first of that year.
23 (c) The residential address of such person immediately prior to incarceration,
24 if known.
25 (d) The age, sex, and race of the person.
26 C.(1) As soon as practicable after the receipt of the tabulation of population
27 reported and transmitted by the United States Bureau of the Census under the
28 provisions of Public Law 94-171, the designated staff of the legislature shall utilize
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1 the information submitted pursuant to Subsection B of this Section and shall prepare
2 a draft adjustment of population as follows:
3 (a) If the residential address of the person immediately prior to incarceration
4 is within the boundaries of the state, determine the census block corresponding to the
5 address, add the person to the population tabulation for that census block, remove the
6 person from the population tabulation for the census block in which the facility is
7 located, and make all necessary adjustments to the population tabulations for all
8 other applicable census geography to reflect the changes.
9 (b) If the residential address of the person is unknown, unreported, or outside
10 the boundaries of the state, remove the person from the population tabulation for the
11 census block in which the facility is located and make all necessary adjustments to
12 the population tabulations for other applicable census geography to reflect the
13 change.
14 (2) The draft adjustment shall be published on the website of the legislature
15 as soon as practicable following its completion and shall be submitted for approval
16 by the House Committee on House and Governmental Affairs and the Senate
17 Committee on Senate and Governmental Affairs at a joint meeting held no sooner
18 than five days after the draft adjustment is published on the website of the legislature
19 and no later than thirty days after its publication.
20 (3) Once approved, the adjusted tabulation of population shall be the
21 population data utilized by the legislature to establish districts for the election of
22 members to each house of the legislature, the election of members of the United
23 States House of Representatives, the election of members of the Public Service
24 Commission, the election of members of the State Board of Elementary and
25 Secondary Education, and the election districts of any other office or jurisdiction that
26 is required to be established or changed by law.
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HB NO. 46
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 46 Original 2019 Regular Session Bouie
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 removed from the census
count.
Present constitution (Const. Art. III, §6) 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 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
shall be the tabulation of population reported and transmitted by the U.S. Census Bureau
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 the chief law enforcement officer of each 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 1 of each year in which the
federal decennial census is taken, to request the same information, in a report submitted by
Sept. 1, from the Federal Bureau of Prisons for each incarcerated person residing, on April
1 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:
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(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)
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