SLS 20RS-334 ORIGINAL
2020 Regular Session
SENATE BILL NO. 107
BY SENATOR BOUIE
REDISTRICTING. Provides relative to the allocation of incarcerated persons for the
purposes of all redistricting by the legislature. (8/1/20)
1 AN ACT
2 To 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.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 18:1906 is hereby amended and reenacted to read as follows:
8 ยง1906. 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.
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1 B.(1) No later than September first of each year in which the federal
2 decennial census is taken, the secretary of the Department of Public Safety and
3 Corrections shall submit a report to the legislature containing the following
4 information for each incarcerated person subject to the jurisdiction of the
5 department, excluding youth services, on April first of that year:
6 (a) A unique identifier for each such person, not including the person's
7 name.
8 (b) The street address of the correctional facility in which such person
9 was incarcerated on April first of that year.
10 (c) The residential address of such person immediately prior to
11 incarceration, if known.
12 (d) The age, sex, and race of the person.
13 (2) No later than September first of each year in which the federal
14 decennial census is taken, the deputy secretary of youth services of the
15 Department of Public Safety and Corrections shall submit a report to the
16 legislature containing the following information for each incarcerated person
17 subject to the jurisdiction of youth services on April first of that year:
18 (a) A unique identifier for each such person, not including the person's
19 name.
20 (b) The street address of the facility in which such person was
21 incarcerated on April first of that year.
22 (c) The residential address of such person immediately prior to
23 incarceration, if known.
24 (d) The age, sex, and race of the person.
25 (3) No later than September first of each year in which the federal
26 decennial census is taken, each sheriff shall submit a report to the legislature
27 containing the following information for each incarcerated person under the
28 jurisdiction of the sheriff on April first of that year, excluding any person under
29 the jurisdiction of the Department of Public Safety and Corrections:
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SLS 20RS-334 ORIGINAL
1 (a) A unique identifier for each such person, not including the person's
2 name.
3 (b) The street address of the correctional facility in which such person
4 was incarcerated on April first of that year.
5 (c) The residential address of such person immediately prior to
6 incarceration, if known.
7 (d) The age, sex, and race of the person.
8 (4) No later than September first of each year in which the federal
9 decennial census is taken, the chief law enforcement officer of a municipality
10 that operates a correctional facility shall submit a report to the legislature
11 containing the following information for each incarcerated person under the
12 jurisdiction of the chief law enforcement officer of the municipality on April
13 first of that year, excluding any person under the jurisdiction of the Department
14 of Public Safety and Corrections or the sheriff:
15 (a) A unique identifier for each such person, not including the person's
16 name.
17 (b) The street address of the correctional facility in which such person
18 was incarcerated on April first of that year.
19 (c) The residential address of such person immediately prior to
20 incarceration, if known.
21 (d) The age, sex, and race of the person.
22 (5) No later than July first of each year in which the federal decennial
23 census is taken, the legislature shall request that the Federal Bureau of Prisons
24 provide a report to the legislature by September first of that year containing the
25 following information for each incarcerated person residing, on April first of
26 that year, in a facility managed by the bureau and within the boundaries of the
27 state:
28 (a) A unique identifier for each such person, not including the person's
29 name.
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SLS 20RS-334 ORIGINAL
1 (b) The street address of the correctional facility in which such person
2 was incarcerated on April first of that year.
3 (c) The residential address of such person immediately prior to
4 incarceration, if known.
5 (d) The age, sex, and race of the person.
6 C.(1) As soon as practicable after the receipt of the tabulation of
7 population reported and transmitted by the United States Bureau of the Census
8 under the provisions of Public Law 94-171, the designated staff of the legislature
9 shall utilize the information submitted pursuant to Subsection B of this Section
10 and shall prepare a draft adjustment of population as follows:
11 (a) If the residential address of the person immediately prior to
12 incarceration is within the boundaries of the state, determine the census block
13 corresponding to the address, add the person to the population tabulation for
14 that census block, remove the person from the population tabulation for the
15 census block in which the facility is located, and make all necessary adjustments
16 to the population tabulations for all other applicable census geography to reflect
17 the changes.
18 (b) If the residential address of the person is unknown, unreported, or
19 outside the boundaries of the state, remove the person from the population
20 tabulation for the census block in which the facility is located and make all
21 necessary adjustments to the population tabulations for other applicable census
22 geography to reflect the change.
23 (2) The draft adjustment shall be published on the website of the
24 legislature as soon as practicable following its completion and shall be
25 submitted for approval by the House Committee on House and Governmental
26 Affairs and the Senate Committee on Senate and Governmental Affairs at a
27 joint meeting held no sooner than five days after the draft adjustment is
28 published on the website of the legislature and no later than thirty days after its
29 publication.
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SLS 20RS-334 ORIGINAL
1 (3) Once approved, the adjusted tabulation of population shall be the
2 population data utilized by the legislature to establish districts for the election
3 of members to each house of the legislature, the election of members of the
4 United States House of Representatives, the election of members of the Public
5 Service Commission, the election of members of the State Board of Elementary
6 and Secondary Education, and the election districts of any other office or
7 jurisdiction that is required to be established or changed by law.
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,
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SLS 20RS-334 ORIGINAL
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)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.