Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S533 Compare Versions

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22 SENATE DOCKET, NO. 2321 FILED ON: 1/17/2025
33 SENATE . . . . . . . . . . . . . . No. 533
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Rebecca L. Rausch
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act to ensure a complete, accurate, and equitable census count.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Rebecca L. RauschNorfolk, Worcester and Middlesex 1 of 7
1616 SENATE DOCKET, NO. 2321 FILED ON: 1/17/2025
1717 SENATE . . . . . . . . . . . . . . No. 533
1818 By Ms. Rausch, a petition (accompanied by bill, Senate, No. 533) of Rebecca L. Rausch for
1919 legislation relative to ensure a complete, accurate, and equitable census count. Election Laws.
2020 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2121 SEE SENATE, NO. 432 OF 2023-2024.]
2222 The Commonwealth of Massachusetts
2323 _______________
2424 In the One Hundred and Ninety-Fourth General Court
2525 (2025-2026)
2626 _______________
2727 An Act to ensure a complete, accurate, and equitable census count.
2828 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2929 of the same, as follows:
3030 1 The General Laws, as appearing in the 2022 Official Edition, are hereby amended by
3131 2inserting after chapter 57 the following new chapter:-
3232 3 Chapter 57A – Census Equity and Accuracy
3333 4 Section 1. For purposes of this chapter, the following words shall have the following
3434 5meanings:
3535 6 “Census day”, the day by which residents in the United States must be counted, as set
3636 7forth in title 13 of the United States Code.
3737 8 “Commission”, the Massachusetts census equity commission. 2 of 7
3838 9 “Persons experiencing homelessness”, individuals who lack, or are perceived to lack, a
3939 10fixed, regular, and adequate nighttime residence. Persons experiencing homelessness includes,
4040 11but is not limited to, persons who: (1) share the housing of other persons due to loss of housing,
4141 12economic hardship or a similar reason; (2) live in motels, hotels, trailer parks or campgrounds
4242 13due to the lack of fixed, regular, and adequate nighttime residence; (3) live in emergency or
4343 14transitional shelters; (4) are abandoned in hospitals; (5) are awaiting foster care placement; (6)
4444 15have a primary nighttime residence that is a public or private place not designed for or ordinarily
4545 16used as a regular sleeping accommodation for human beings; (7) live in cars, parks, public
4646 17spaces, abandoned buildings, bus or train stations or similar settings; or (8) are transient and
4747 18otherwise experiencing homelessness as described in this subsection.
4848 19 “Undercounted communities”, groups of residents of the commonwealth who are
4949 20traditionally undercounted in census implementations, including but not limited to: (1)
5050 21communities of color; (2) immigrants, regardless of documentation; (3) individuals of all gender
5151 22identities, gender presentations, and sexual orientations; (4) individuals with incomes under
5252 23200% of the federal poverty line; (5) persons experiencing homeless; (6) individuals with
5353 24disabilities; (7) individuals who are veterans; (8) individuals under the age of 16 years; (9)
5454 25individuals for whom English is not their first language; (10) residents of rural communities; and
5555 26(11) residents of subsidized housing.
5656 27 Section 2. (a) There is hereby established, within the office of the state secretary, the
5757 28Massachusetts census equity commission. The purpose of the commission shall be to ensure that
5858 29Massachusetts censuses accurately and completely count all residents of the commonwealth,
5959 30including but not limited to undercounted communities. 3 of 7
6060 31 (b) The commission shall consist of 29 members, as follows: the secretary of state, or
6161 32designee, who shall serve as chair; the attorney general, or designee; the Senate chair of the
6262 33committee on election laws; the House chair of the committee on redistricting; the Senate
6363 34minority leader, or designee; the House minority leader, or designee; a Senate member of the
6464 35Black and Latino Legislative Caucus; a House member of the Asian Legislative Caucus; the
6565 36commissioner of the department of elementary and secondary education, or designee; the
6666 37commissioner of the office of refugees and immigrants, or designee; a member of the Boston city
6767 38council, selected by majority vote of the council; a member of the Worcester city council,
6868 39selected by majority vote of the council; a member of the Springfield city council, selected by
6969 40majority vote of the council; a member of the Lowell city council, selected by majority vote of
7070 41the council; a member of the New Bedford city council, selected by majority vote of the council;
7171 42a member of the Barnstable town council, selected by majority vote of the council; a member of
7272 43the Greenfield town council, selected by majority vote of the council; the executive director of
7373 44the Massachusetts Immigrant and Refugee Advocacy Coalition; a representative of the Grove
7474 45Hall Safe Neighborhood Initiative; the executive director of the Massachusetts Coalition for the
7575 46Homeless; 4 members appointed by the speaker of the house of representatives who shall be
7676 47residents of the Commonwealth, 2 of whom shall represent faith communities of color in the
7777 48commonwealth, 1 of whom shall represent minority and women-owned businesses in the
7878 49commonwealth, and 1 of whom shall be a member of the Wampanoag tribe; and 5 members
7979 50appointed by the president of the senate who shall be residents of the Commonwealth, 1 of
8080 51whom shall represent youth residents of the commonwealth, 1 of whom shall represent older
8181 52adult residents of the commonwealth, 1 of whom shall be a veteran, 1 of whom shall represent
8282 53individuals with disabilities, and 1 of whom shall represent tenants and renters. Appointments 4 of 7
8383 54shall promote diverse geographic, cultural, ethnic, racial, and gender representation on the
8484 55commission.
8585 56 Section 3. (a) The commission shall develop and implement census outreach programs to:
8686 57increase awareness of the census, focusing efforts in undercounted communities; educate
8787 58residents of the commonwealth about the importance of an accurate census count; alleviate
8888 59concerns about perceived repercussions for participating in the census count; and engage
8989 60undercounted communities in the census counting process.
9090 61 (b) The census outreach programs shall take into account barriers to proper counting of
9191 62all residents of the commonwealth.
9292 63 (c) The census outreach programs shall include communications to residents of the
9393 64commonwealth through school-based programs, partnerships with non-profit and community-
9494 65based programs, and a multi-lingual, multi-media, multi-platform campaign.
9595 66 (d) For purposes of implementing the census outreach programs, the commission shall
9696 67solicit participation from relevant experts and practitioners as necessary to achieve the goals set
9797 68forth in subsection (a) of this section; and may create and appoint working groups as it deems
9898 69appropriate.
9999 70 Section 4. The commission shall be coordinated through the office of the secretary of
100100 71state which shall provide administrative support to the commission and coordinate with state
101101 72agencies and constitutional officers, as well as units of local government, to identify effective
102102 73methods of outreach and to provide resources to ensure that outreach programs are successful
103103 74and all residents are counted. 5 of 7
104104 75 Section 5. (a) Members of the commission shall serve four-year terms, provided that no
105105 76term shall terminate within the 24-month period prior to a census day or the 6-month period
106106 77subsequent to a census day.
107107 78 (b) Members of the commission shall receive no compensation for their services but may
108108 79be reimbursed for expenses incurred in the course of their service on the commission.
109109 80 (c) The commission may employ a director and assistant director upon a simple majority
110110 81vote of the full membership of the commission. The director and assistant director may be
111111 82compensated from moneys appropriated or available for that purpose.
112112 83 Section 6. Vacancies on the commission shall be filled in like manner as the original
113113 84appointment.
114114 85 Section 7. (a) During the 24-month period prior to a census day, the commission shall
115115 86meet at least monthly, or more frequently at the call of the chair or by majority vote of the
116116 87members.
117117 88 (b) At all times other than the period set forth in subsection (a) of this section, the
118118 89commission shall meet at least quarterly, or more frequently at the call of the chair or by majority
119119 90vote of the members.
120120 91 (c) To the extent practicable, the commission shall rotate meeting locations throughout
121121 92every region of the commonwealth.
122122 93 Section 8. The secretary of the commonwealth shall use all reasonable efforts to secure
123123 94federal funding for implementation of the census outreach programs. At least forty percent of the 6 of 7
124124 95funds spent implementing the census outreach programs must be spent on undercounted
125125 96communities.
126126 97 Section 9. (a) Not later than June 1 in the odd-numbered year immediately preceding a
127127 98census day, the commission shall file with the governor, the secretary of the commonwealth, the
128128 99attorney general, and the general court joint committees on election laws and redistricting, an
129129 100interim report containing: (1) its proposed census outreach programs to encourage full
130130 101participation and avoid an undercount in the upcoming decennial census; and (2) any
131131 102recommendations for regulatory or legislative action necessary to ensure an accurate count of all
132132 103Massachusetts residents in the upcoming decennial census.
133133 104 (b) The general court joint committees on election laws and redistricting may, separately
134134 105or collectively, issue to the commission suggestions for improvements to the proposed census
135135 106outreach programs contained in the interim report. The committees may, separately or
136136 107collectively, hold public hearings in advance of preparing and issuing said suggestions. Any
137137 108suggestions must be issued to the commission by November 1 in the odd-numbered year
138138 109immediately preceding a census day.
139139 110 (c) Not later than December 10 in the odd-numbered year immediately preceding a
140140 111census day, the committee shall file with the governor, the secretary of the commonwealth, the
141141 112attorney general, and the general court joint committees on election laws and redistricting, a final
142142 113report containing the census outreach programs to be implemented throughout the
143143 114commonwealth.
144144 115 (d) Not later than February 1 in the odd-numbered year immediately subsequent to a
145145 116census day, the committee shall file with the governor, the secretary of the commonwealth, the 7 of 7
146146 117attorney general, and the legislative committees on election laws and redistricting, a post-
147147 118implementation report containing: (1) a detailed accounting of the census outreach programs
148148 119implemented for the immediately prior decennial census; (2) an assessment of the perceived
149149 120levels of success of the components of the census outreach programs; (3) recommendations for
150150 121improvements in the next census outreach programs, including in the commission’s discretion
151151 122appropriate recommended legislative or regulatory action; and (4) other notable outcomes of the
152152 123commission’s work.
153153 124 (e) The commission may update its post-implementation report as appropriate, in its
154154 125discretion, until December 31 in the second odd-numbered year subsequent to a census day.