1 of 1 SENATE DOCKET, NO. 2321 FILED ON: 1/17/2025 SENATE . . . . . . . . . . . . . . No. 533 The Commonwealth of Massachusetts _________________ PRESENTED BY: Rebecca L. Rausch _________________ 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. _______________ PETITION OF: NAME:DISTRICT/ADDRESS :Rebecca L. RauschNorfolk, Worcester and Middlesex 1 of 7 SENATE DOCKET, NO. 2321 FILED ON: 1/17/2025 SENATE . . . . . . . . . . . . . . No. 533 By Ms. Rausch, a petition (accompanied by bill, Senate, No. 533) of Rebecca L. Rausch for legislation relative to ensure a complete, accurate, and equitable census count. Election Laws. [SIMILAR MATTER FILED IN PREVIOUS SESSION SEE SENATE, NO. 432 OF 2023-2024.] The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ 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 The General Laws, as appearing in the 2022 Official Edition, are hereby amended by 2inserting after chapter 57 the following new chapter:- 3 Chapter 57A – Census Equity and Accuracy 4 Section 1. For purposes of this chapter, the following words shall have the following 5meanings: 6 “Census day”, the day by which residents in the United States must be counted, as set 7forth in title 13 of the United States Code. 8 “Commission”, the Massachusetts census equity commission. 2 of 7 9 “Persons experiencing homelessness”, individuals who lack, or are perceived to lack, a 10fixed, regular, and adequate nighttime residence. Persons experiencing homelessness includes, 11but is not limited to, persons who: (1) share the housing of other persons due to loss of housing, 12economic hardship or a similar reason; (2) live in motels, hotels, trailer parks or campgrounds 13due to the lack of fixed, regular, and adequate nighttime residence; (3) live in emergency or 14transitional shelters; (4) are abandoned in hospitals; (5) are awaiting foster care placement; (6) 15have a primary nighttime residence that is a public or private place not designed for or ordinarily 16used as a regular sleeping accommodation for human beings; (7) live in cars, parks, public 17spaces, abandoned buildings, bus or train stations or similar settings; or (8) are transient and 18otherwise experiencing homelessness as described in this subsection. 19 “Undercounted communities”, groups of residents of the commonwealth who are 20traditionally undercounted in census implementations, including but not limited to: (1) 21communities of color; (2) immigrants, regardless of documentation; (3) individuals of all gender 22identities, gender presentations, and sexual orientations; (4) individuals with incomes under 23200% of the federal poverty line; (5) persons experiencing homeless; (6) individuals with 24disabilities; (7) individuals who are veterans; (8) individuals under the age of 16 years; (9) 25individuals for whom English is not their first language; (10) residents of rural communities; and 26(11) residents of subsidized housing. 27 Section 2. (a) There is hereby established, within the office of the state secretary, the 28Massachusetts census equity commission. The purpose of the commission shall be to ensure that 29Massachusetts censuses accurately and completely count all residents of the commonwealth, 30including but not limited to undercounted communities. 3 of 7 31 (b) The commission shall consist of 29 members, as follows: the secretary of state, or 32designee, who shall serve as chair; the attorney general, or designee; the Senate chair of the 33committee on election laws; the House chair of the committee on redistricting; the Senate 34minority leader, or designee; the House minority leader, or designee; a Senate member of the 35Black and Latino Legislative Caucus; a House member of the Asian Legislative Caucus; the 36commissioner of the department of elementary and secondary education, or designee; the 37commissioner of the office of refugees and immigrants, or designee; a member of the Boston city 38council, selected by majority vote of the council; a member of the Worcester city council, 39selected by majority vote of the council; a member of the Springfield city council, selected by 40majority vote of the council; a member of the Lowell city council, selected by majority vote of 41the council; a member of the New Bedford city council, selected by majority vote of the council; 42a member of the Barnstable town council, selected by majority vote of the council; a member of 43the Greenfield town council, selected by majority vote of the council; the executive director of 44the Massachusetts Immigrant and Refugee Advocacy Coalition; a representative of the Grove 45Hall Safe Neighborhood Initiative; the executive director of the Massachusetts Coalition for the 46Homeless; 4 members appointed by the speaker of the house of representatives who shall be 47residents of the Commonwealth, 2 of whom shall represent faith communities of color in the 48commonwealth, 1 of whom shall represent minority and women-owned businesses in the 49commonwealth, and 1 of whom shall be a member of the Wampanoag tribe; and 5 members 50appointed by the president of the senate who shall be residents of the Commonwealth, 1 of 51whom shall represent youth residents of the commonwealth, 1 of whom shall represent older 52adult residents of the commonwealth, 1 of whom shall be a veteran, 1 of whom shall represent 53individuals with disabilities, and 1 of whom shall represent tenants and renters. Appointments 4 of 7 54shall promote diverse geographic, cultural, ethnic, racial, and gender representation on the 55commission. 56 Section 3. (a) The commission shall develop and implement census outreach programs to: 57increase awareness of the census, focusing efforts in undercounted communities; educate 58residents of the commonwealth about the importance of an accurate census count; alleviate 59concerns about perceived repercussions for participating in the census count; and engage 60undercounted communities in the census counting process. 61 (b) The census outreach programs shall take into account barriers to proper counting of 62all residents of the commonwealth. 63 (c) The census outreach programs shall include communications to residents of the 64commonwealth through school-based programs, partnerships with non-profit and community- 65based programs, and a multi-lingual, multi-media, multi-platform campaign. 66 (d) For purposes of implementing the census outreach programs, the commission shall 67solicit participation from relevant experts and practitioners as necessary to achieve the goals set 68forth in subsection (a) of this section; and may create and appoint working groups as it deems 69appropriate. 70 Section 4. The commission shall be coordinated through the office of the secretary of 71state which shall provide administrative support to the commission and coordinate with state 72agencies and constitutional officers, as well as units of local government, to identify effective 73methods of outreach and to provide resources to ensure that outreach programs are successful 74and all residents are counted. 5 of 7 75 Section 5. (a) Members of the commission shall serve four-year terms, provided that no 76term shall terminate within the 24-month period prior to a census day or the 6-month period 77subsequent to a census day. 78 (b) Members of the commission shall receive no compensation for their services but may 79be reimbursed for expenses incurred in the course of their service on the commission. 80 (c) The commission may employ a director and assistant director upon a simple majority 81vote of the full membership of the commission. The director and assistant director may be 82compensated from moneys appropriated or available for that purpose. 83 Section 6. Vacancies on the commission shall be filled in like manner as the original 84appointment. 85 Section 7. (a) During the 24-month period prior to a census day, the commission shall 86meet at least monthly, or more frequently at the call of the chair or by majority vote of the 87members. 88 (b) At all times other than the period set forth in subsection (a) of this section, the 89commission shall meet at least quarterly, or more frequently at the call of the chair or by majority 90vote of the members. 91 (c) To the extent practicable, the commission shall rotate meeting locations throughout 92every region of the commonwealth. 93 Section 8. The secretary of the commonwealth shall use all reasonable efforts to secure 94federal funding for implementation of the census outreach programs. At least forty percent of the 6 of 7 95funds spent implementing the census outreach programs must be spent on undercounted 96communities. 97 Section 9. (a) Not later than June 1 in the odd-numbered year immediately preceding a 98census day, the commission shall file with the governor, the secretary of the commonwealth, the 99attorney general, and the general court joint committees on election laws and redistricting, an 100interim report containing: (1) its proposed census outreach programs to encourage full 101participation and avoid an undercount in the upcoming decennial census; and (2) any 102recommendations for regulatory or legislative action necessary to ensure an accurate count of all 103Massachusetts residents in the upcoming decennial census. 104 (b) The general court joint committees on election laws and redistricting may, separately 105or collectively, issue to the commission suggestions for improvements to the proposed census 106outreach programs contained in the interim report. The committees may, separately or 107collectively, hold public hearings in advance of preparing and issuing said suggestions. Any 108suggestions must be issued to the commission by November 1 in the odd-numbered year 109immediately preceding a census day. 110 (c) Not later than December 10 in the odd-numbered year immediately preceding a 111census day, the committee shall file with the governor, the secretary of the commonwealth, the 112attorney general, and the general court joint committees on election laws and redistricting, a final 113report containing the census outreach programs to be implemented throughout the 114commonwealth. 115 (d) Not later than February 1 in the odd-numbered year immediately subsequent to a 116census day, the committee shall file with the governor, the secretary of the commonwealth, the 7 of 7 117attorney general, and the legislative committees on election laws and redistricting, a post- 118implementation report containing: (1) a detailed accounting of the census outreach programs 119implemented for the immediately prior decennial census; (2) an assessment of the perceived 120levels of success of the components of the census outreach programs; (3) recommendations for 121improvements in the next census outreach programs, including in the commission’s discretion 122appropriate recommended legislative or regulatory action; and (4) other notable outcomes of the 123commission’s work. 124 (e) The commission may update its post-implementation report as appropriate, in its 125discretion, until December 31 in the second odd-numbered year subsequent to a census day.