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SENATE DOCKET, NO. 366 FILED ON: 1/13/2023
SENATE . . . . . . . . . . . . . . No. 432
The Commonwealth of Massachusetts
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PRESENTED BY:
Rebecca L. Rausch
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to ensure a complete, accurate, and equitable census count.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Rebecca L. RauschNorfolk, Worcester and Middlesex 1 of 9
SENATE DOCKET, NO. 366 FILED ON: 1/13/2023
SENATE . . . . . . . . . . . . . . No. 432
By Ms. Rausch, a petition (accompanied by bill, Senate, No. 432) of Rebecca L. Rausch for
legislation relative to ensure a complete, accurate, and equitable census count. Election Laws.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act to ensure a complete, accurate, and equitable census count.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. The General Laws are hereby amended by inserting after Chapter 57 the
2following new chapter:-
3 Chapter 57A – Census Equity and Accuracy
4 Section 1. Definitions
5 For purposes of this chapter, the following words shall have the following meanings:
6 (a)Census day, the day by which residents in the United States must be counted, as
7set forth in title 13 of the United States Code.
8 (b)Commission, the Massachusetts Census Equity Commission.
9 (c)Persons experiencing homelessness, individuals who lack, or are perceived to
10lack, a fixed, regular, and adequate nighttime residence. Persons experiencing homelessness
11includes, but is not limited to, persons who: 2 of 9
12 (1)share the housing of other persons due to loss of housing, economic hardship or a
13similar reason;
14 (2)live in motels, hotels, trailer parks or campgrounds due to the lack of fixed,
15regular, and adequate nighttime residence;
16 (3)live in emergency or transitional shelters;
17 (4)are abandoned in hospitals;
18 (5)are awaiting foster care placement;
19 (6)have a primary nighttime residence that is a public or private place not designed
20for or ordinarily used as a regular sleeping accommodation for human beings;
21 (7)live in cars, parks, public spaces, abandoned buildings, bus or train stations or
22similar settings; or
23 (8)are transient and otherwise experiencing homelessness as described in this
24subsection.
25 (d)Undercounted communities, groups of residents of the commonwealth who are
26traditionally undercounted in census implementations, including but not limited to:
27 (1)communities of color;
28 (2)immigrants, regardless of documentation;
29 (3)individuals of all gender identities, gender presentations, and sexual orientations;
30 (4)individuals with incomes under 200% of the federal poverty line; 3 of 9
31 (5)persons experiencing homeless;
32 (6)individuals with disabilities;
33 (7)individuals who are veterans;
34 (8)individuals under the age of 16 years;
35 (9)individuals for whom English is not their first language;
36 (10)residents of rural communities; and
37 (11)residents of subsidized housing.
38 Section 2. Massachusetts Census Equity Commission
39 (a)There is hereby established, within the Office of the Secretary of State, the
40Massachusetts Census Equity Commission. The purpose of the commission shall be to ensure
41that Massachusetts censuses accurately and completely count all residents of the Commonwealth,
42with particular focus on undercounted communities.
43 (b)The commission shall consist of twenty-nine members, as follows:
44 (1)the secretary of state, or designee, who shall serve as chair;
45 (2)the attorney general, or designee;
46 (3)the Senate chair of the committee on election laws, or designee;
47 (4)the House chair of the committee on redistricting, or designee;
48 (5)the Senate minority leader, or designee; 4 of 9
49 (6)the House minority leader, or designee;
50 (7)a Senate member of the Black and Latino Legislative Caucus, or designee;
51 (8)a House member of the Asian Legislative Caucus, or designee;
52 (9)the commissioner of the department of elementary and secondary education
53(DESE), or designee;
54 (10)the commissioner of the office of refugees and immigrants (ORI), or designee;
55 (11)a member of the Boston city council, selected by majority vote of the council, or
56designee;
57 (12)a member of the Worcester city council, selected by majority vote of the council,
58or designee;
59 (13)a member of the Springfield city council, selected by majority vote of the council,
60or designee;
61 14)a member of the Lowell city council, selected by majority vote of the council, or
62designee;
63 (15)a member of the New Bedford city council, selected by majority vote of the
64council, or designee;
65 (16)a member of the Barnstable town council, selected by majority vote of the
66council, or designee; 5 of 9
67 (17)a member of the Greenfield town council, selected by majority vote of the
68council, or designee;
69 (18)the executive director of the Massachusetts Immigrant and Refugee Advocacy
70Coalition (MIRA);
71 (19)a representative of the Grove Hall Safe Neighborhood Initiative;
72 (20)the executive director of the Massachusetts Coalition for the Homeless;
73 (21)four members who shall be residents of the Commonwealth and appointed by the
74Speaker of the House, ensuring diverse geographic, cultural, ethnic, racial, and gender
75representation on the commission:
76 (a)two members who represent faith communities of color in the commonwealth;
77 (b)one member who represents minority and women-owned businesses in the
78commonwealth; and
79 (c)one member of the Wampanoag tribe; and
80 (22)five members who shall be residents of the Commonwealth and appointed by the
81Senate president, ensuring diverse geographic, cultural, ethnic, racial, and gender representation
82on the commission:
83 (a)one member who represents youth in the commonwealth;
84 b) one member who represents the elderly;
85 (c)one veteran; 6 of 9
86 (d)one member who represents the community of persons with disabilities; and
87 (e)one member who represents tenants and renters.
88 Section 3. Census outreach programs
89 (a)The commission shall develop and implement census outreach programs to (a)
90increase awareness of the census, focusing efforts in undercounted communities, (b) educate
91residents of the commonwealth about the importance of an accurate census count, (c) alleviate
92concerns about perceived repercussions for participating in the census count, and (d) engage
93undercounted communities in the census counting process.
94 (b)The census outreach programs shall take into account barriers to proper counting
95of all residents of the commonwealth.
96 (c)The census outreach programs shall include communications to residents of the
97commonwealth through school-based programs, partnerships with non-profit and community-
98based programs, and a multi-lingual, multi-media, multi-platform campaign.
99 (d)For purposes of implementing the census outreach programs, the commission:
100 (1)may create and appoint working groups as it deems appropriate; and
101 (2)shall solicit participation from relevant experts and practitioners as necessary to
102achieve the goals set forth in subsection (a) of this section.
103 Section 4. Administrative support
104 The commission shall be coordinated through the office of the secretary of state which
105shall provide administrative support to the commission and coordinate with state agencies and 7 of 9
106constitutional officers, as well as units of local government, to identify effective methods of
107outreach and to provide resources to ensure that outreach programs are successful and all
108residents are counted.
109 Section 5. Commission service; staff
110 (a)Members of the commission shall serve four-year terms, provided that no term
111shall terminate within the 24-month period prior to a census day or the 6-month period
112subsequent to a census day.
113 (b)Members of the commission shall receive no compensation for their services but
114may be reimbursed for expenses incurred in the course of their service on the commission.
115 (c)The commission may employ a director and assistant director upon a simple
116majority vote of the full membership of the commission. The director and assistant director may
117be compensated from moneys appropriated or available for that purpose.
118 Section 6. Vacancies
119 Vacancies the commission shall be filled in like manner as the original appointment.
120 Section 7. Commission meetings
121 (a)During the 24-month period prior to a census day, the commission shall meet at
122least monthly, or more frequently at the call of the chair or by majority vote of the members.
123 (b)At all times other than the period set forth in subsection (a) of this section, the
124commission shall meet at least quarterly, or more frequently at the call of the chair or by majority
125vote of the members. 8 of 9
126 (c)To the extent practicable, the commission shall rotate meeting locations
127throughout every region of the commonwealth.
128 Section 8. Expenditures
129 The secretary of the commonwealth shall use all reasonable efforts to secure federal
130funding for implementation of the census outreach programs. At least forty percent of the funds
131spent implementing the census outreach programs must be spent on undercounted communities.
132 Section 9. Reports
133 (a)By June 1 in the odd-numbered year immediately preceding a census day, the
134commission shall file with the governor, the secretary of the commonwealth, the attorney
135general, and the general court joint committees on election laws and redistricting, an interim
136report containing: (1) its proposed census outreach programs to encourage full participation and
137avoid an undercount in the upcoming decennial census; and (2) any recommendations for
138regulatory or legislative action necessary to ensure an accurate count of all Massachusetts
139residents in the upcoming decennial census.
140 (b)The general court joint committees on election laws and redistricting may,
141separately or collectively, issue to the commission suggestions for improvements to the proposed
142census outreach programs contained in the interim report. The committees may, separately or
143collectively, hold public hearings in advance of preparing and issuing said suggestions. Any
144suggestions must be issued to the commission by November 1 in the odd-numbered year
145immediately preceding a census day. 9 of 9
146 (c)By December 10 in the odd-numbered year immediately preceding a census day,
147the committee shall file with the governor, the secretary of the commonwealth, the attorney
148general, and the general court joint committees on election laws and redistricting, a final report
149containing the census outreach programs to be implemented throughout the commonwealth.
150 (d)By February 1 in the odd-numbered year immediately subsequent to a census day,
151the committee shall file with the governor, the secretary of the commonwealth, the attorney
152general, and the general court joint committees on election laws and redistricting, a post-
153implementation report containing: (1) a detailed accounting of the census outreach programs
154implemented for the immediately prior decennial census; (2) an assessment of the perceived
155levels of success of the components of the census outreach programs; (3) recommendations for
156improvements in the next census outreach programs, including in the commission’s discretion
157appropriate recommended legislative or regulatory action; and (4) other notable outcomes of the
158commission’s work.
159 (e)The commission may update its post-implementation report as appropriate, in its
160discretion, until December 31 in the second odd-numbered year subsequent to a census day.