The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Matt DeVille.
DIGEST
SB 107 Original 2020 Regular Session Bouie
Present constitution 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 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 September first 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 September 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.
Effective August 1, 2020.
(Amends R.S. 18:1906)