HLS 20RS-859 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 625
BY REPRESENTATIVES JAMES AND FREEMAN
REAPPORTIONMENT: Provides relative to the allocation of incarcerated persons for the
purposes of redistricting
1 AN ACT
2To amend and reenact R.S. 18:1906, relative to census tabulations for reapportionment and
3 redistricting purposes; to provide for legislative findings; to provide the manner by
4 which persons in correctional facilities shall be allocated for redistricting purposes;
5 to provide procedures; to provide for certain duties and requirements of officials
6 involved in corrections; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. The Legislature of Louisiana finds that a prison cell should not be
9classified as a residence for any purpose. However, according to federal regulations for
10previous federal decennial censuses and for the 2020 Federal Decennial Census, the United
11States Census Bureau will count incarcerated persons at the place of their incarceration
12rather than their home addresses. The Legislature of Louisiana further finds that several
13local governmental bodies in Louisiana that have correctional facilities within their
14jurisdictions exclude incarcerated populations for the purposes of their own redistricting
15activities, recognizing that counting incarcerated people in their place of incarceration
16distorts the democratic process by allowing for the possibility of elected officials potentially
17representing smaller geography and fewer people in their communities than others on the
18same governing bodies. Therefore, the Legislature of Louisiana finds that the provisions of
19this Act are necessary to address this issue in an equitable manner.
20 Section 2. R.S. 18:1906 is hereby amended and reenacted to read as follows:
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HB NO. 625
1 §1906. Tabulation for reapportionment; legislature; redistricting
2 A. In accordance with Article III, Section 6(A) of the Constitution of
3 Louisiana, the tabulation of population for each decennial census, on the basis of
4 which the legislature shall reapportion the representation in each house, shall be the
5 tabulation of population reported and transmitted by the United States Bureau of the
6 Census to the governor and the legislature within one year after the census date,
7 under the provisions of Public Law 94-171. Such tabulation of population shall be
8 the sole basis for the establishment of legislative districts, and no other or subsequent
9 tabulation of population shall be considered or utilized in such reapportionment.
10 adjusted as provided in Subsection C of this Section.
11 B.(1) No later than September first of each year in which the federal
12 decennial census is taken, the secretary of the Department of Public Safety and
13 Corrections shall submit a report to the legislature containing the following
14 information for each incarcerated person subject to the jurisdiction of the
15 department, excluding youth services, on April first of that year:
16 (a) A unique identifier for each such person, not including the person's name.
17 (b) The street address of the correctional facility in which such person was
18 incarcerated on April first of that year.
19 (c) The residential address of such person immediately prior to incarceration,
20 if known, or a residential address supplied by the person.
21 (d) The age, sex, race, and ethnicity of the person.
22 (2) No later than September first of each year in which the federal decennial
23 census is taken, the deputy secretary of youth services of the Department of Public
24 Safety and Corrections shall submit a report to the legislature containing the
25 following information for each incarcerated person subject to the jurisdiction of
26 youth services on April first of that year:
27 (a) A unique identifier for each such person, not including the person's name.
28 (b) The street address of the facility in which such person was incarcerated
29 on April first of that year.
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1 (c) The residential address of such person immediately prior to incarceration,
2 if know, or a residential address supplied by the person.
3 (d) The age, sex, race, and ethnicity of the person.
4 (3) No later than September first of each year in which the federal decennial
5 census is taken, each sheriff shall submit a report to the legislature containing the
6 following information for each incarcerated person under the jurisdiction of the
7 sheriff on April first of that year, excluding any person under the jurisdiction of the
8 Department of Public Safety and Corrections:
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 know, or a residential address supplied by the person.
14 (d) The age, sex, race, and ethnicity of the person.
15 (4) No later than September first of each year in which the federal decennial
16 census is taken, the chief law enforcement officer of a municipality that operates a
17 correctional facility shall submit a report to the legislature containing the following
18 information for each incarcerated person under the jurisdiction of the chief law
19 enforcement officer of the municipality on April first of that year, excluding any
20 person under the jurisdiction of the Department of Public Safety and Corrections or
21 the sheriff:
22 (a) A unique identifier for each such person, not including the person's name.
23 (b) The street address of the correctional facility in which such person was
24 incarcerated on April first of that year.
25 (c) The residential address of such person immediately prior to incarceration,
26 if know, or a residential address supplied by the person.
27 (d) The age, sex, race, and ethnicity of the person.
28 (5) No later than July first of each year in which the federal decennial census
29 is taken, the legislature shall request that the Federal Bureau of Prisons provide a
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1 report to the legislature by September first of that year containing the following
2 information for each incarcerated person residing, on April first of that year, in a
3 facility managed by the bureau and within the boundaries of the state:
4 (a) A unique identifier for each such person, not including the person's name.
5 (b) The street address of the correctional facility in which such person was
6 incarcerated on April first of that year.
7 (c) The residential address of such person immediately prior to incarceration,
8 if know, or a residential address supplied by the person.
9 (d) The age, sex, race, and ethnicity of the person.
10 C.(1) As soon as practicable after the receipt of the tabulation of population
11 reported and transmitted by the United States Bureau of the Census under the
12 provisions of Public Law 94-171, the designated staff of the legislature shall utilize
13 the information submitted pursuant to Subsection B of this Section and shall prepare
14 a draft adjustment of population as follows:
15 (a) If the residential address of the person immediately prior to incarceration
16 is within the boundaries of the state, determine the census block corresponding to the
17 address, add the person to the population tabulation for that census block, remove the
18 person from the population tabulation for the census block in which the facility is
19 located, and make all necessary adjustments to the population tabulations for all
20 other applicable census geography to reflect the changes.
21 (b) If the residential address of the person is unknown, unreported, or outside
22 the boundaries of the state, remove the person from the population tabulation for the
23 census block in which the facility is located and make all necessary adjustments to
24 the population tabulations for other applicable census geography to reflect the
25 change.
26 (2) The draft adjustment shall be published on the website of the legislature
27 as soon as practicable following its completion and shall be submitted for approval
28 by the House Committee on House and Governmental Affairs and the Senate
29 Committee on Senate and Governmental Affairs at a joint meeting held no sooner
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HB NO. 625
1 than five days after the draft adjustment is published on the website of the legislature
2 and no later than thirty days after its publication.
3 (3) Once approved, the adjusted tabulation of population shall be the
4 population data utilized by the legislature to establish districts for the election of
5 members to each house of the legislature, the election of members of the United
6 States House of Representatives, the election of members of the Public Service
7 Commission, the election of members of the State Board of Elementary and
8 Secondary Education, and the election districts of any other office or jurisdiction that
9 is required to be established or changed by law.
10 D. Any local governing body who is required to redistrict following a federal
11 decennial census may utilize the adjusted tabulation of population established
12 pursuant to Subsection C of this Section for redistricting.
13 E. The adjusted tabulation of population established pursuant to Subsection
14 C of this Section shall be utilized only for redistricting purposes and shall not be
15 used as the basis for the distribution of any funding or aid or for any other purposes.
16 Section 3. No later than three months after the effective date of this Act, the
17Department of Public Safety and Corrections shall implement a system to, at a minimum,
18collect and maintain an electronic record of the last known complete street address prior to
19incarceration, race, ethnicity, and age for each person entering its custody to assist the
20department in complying with the provisions of this Act.
21 Section 4. This Act shall become effective upon signature by the governor or, if not
22signed by the governor, upon expiration of the time for bills to become law without signature
23by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
24vetoed by the governor and subsequently approved by the legislature, this Act shall become
25effective on the day following such approval.
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HB NO. 625
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 625 Original 2020 Regular Session James
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 or other address provided by the person, and if the 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.
Proposed law provides certain legislative findings.
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 know,
or a residential address supplied by the person.
(4)The age, sex, race, and ethnicity 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.
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HB NO. 625
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.
Proposed law provides that any local governing body who is required to redistrict following
a federal decennial census may utilize the adjusted tabulation of population established
pursuant to proposed law.
Proposed law prohibits the use of adjusted tabulation of population established pursuant to
proposed law from being us the basis for the distribution of any funding or aid or for any
other purposes other than redistricting.
Proposed law provides that no later than three months after the effective date proposed law,
the DPS&C shall implement a system to, at a minimum, collect and maintain an electronic
record of the last known complete street address prior to incarceration, race, ethnicity, and
age for each person entering its custody to assist the department in complying with the
provisions of proposed law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 18:1906)
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