Bill Text: IL HB0203 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Creates the No Representation Without Population Act. Provides that the Department of Corrections shall collect and maintain an electronic record of the legal residence, outside of any correctional facility, and other demographic data for each person entering its custody after January 1, 2019. Provides for the minimum records that the Department shall maintain. Requires the Department to provide certain information to the Secretary of State after the decennial census. Requires the Secretary of State to request similar information from agencies that operate federal incarceration facilities. Requires the Secretary of State to prepare redistricting data to reflect the incarcerated persons at their residential address, rather than the address of the facility in which the person is incarcerated. Provides that for persons for whom a legal residence is unknown or not in the State, and for all persons reported in the census as residing in a federal correctional facility for whom a report was not provided, the Secretary of State to allocate the person to a State unit not tied to a specific determined geographic location, as other residents with unknown addresses are allocated. Requires the data collected to only be used as a basis for determining Legislative and Representative Districts. Prohibits the use of the data for the distribution of State or federal aid. Contains severability provisions. Effective immediately.

Spectrum: Partisan Bill (Democrat 60-0)

Status: (Introduced) 2019-10-11 - Added Co-Sponsor Rep. Kelly M. Burke [HB0203 Detail]

Download: Illinois-2019-HB0203-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0203

Introduced , by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:
New Act

Creates the No Representation Without Population Act. Provides that the Department of Corrections shall collect and maintain an electronic record of the legal residence, outside of any correctional facility, and other demographic data for each person entering its custody after January 1, 2019. Provides for the minimum records that the Department shall maintain. Requires the Department to provide certain information to the Secretary of State after the decennial census. Requires the Secretary of State to request similar information from agencies that operate federal incarceration facilities. Requires the Secretary of State to prepare redistricting data to reflect the incarcerated persons at their residential address, rather than the address of the facility in which the person is incarcerated. Provides that for persons for whom a legal residence is unknown or not in the State, and for all persons reported in the census as residing in a federal correctional facility for whom a report was not provided, the Secretary of State to allocate the person to a State unit not tied to a specific determined geographic location, as other residents with unknown addresses are allocated. Requires the data collected to only be used as a basis for determining Legislative and Representative Districts. Prohibits the use of the data for the distribution of State or federal aid. Contains severability provisions. Effective immediately.
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A BILL FOR

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1 AN ACT concerning elections.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the No
5Representation Without Population Act.
6 Section 3. Definition. As used in this Act, "Department"
7means the Department of Corrections.
8 Section 5. Electronic records. The Department shall
9collect and maintain an electronic record of the legal
10residence, outside of any correctional facility, and other
11demographic data for each person entering its custody after
12January 1, 2019. At a minimum, this record shall contain the
13person's last known complete street address prior to
14incarceration, the person's race, whether the person is of
15Hispanic or Latino origin, and whether the person is 18 years
16of age or older. To the degree possible, the Department shall
17also allow the legal residence to be updated as appropriate.
18 Section 10. Reports to the Secretary of State.
19 (a) In each year where the federal decennial census is
20taken but in which the United States Bureau of the Census
21allocates incarcerated persons as residents of correctional

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1facilities, the Department shall by May 1 of that same year
2deliver to the Secretary of State the following information:
3 (1) A unique identifier, not including the name or
4 Department-assigned inmate number, for each incarcerated
5 person subject to the jurisdiction of the Department on the
6 date for which the decennial census reports population. The
7 unique identifier shall enable the Secretary of State to
8 address inquiries about specific address records to the
9 Department, without making it possible for anyone outside
10 of the Department to identify the inmate to whom the
11 address record pertains.
12 (2) The street address of the correctional facility
13 where the person was incarcerated at the time of the
14 report.
15 (3) The last known address of the person prior to
16 incarceration or other legal residence, if known.
17 (4) The person's race, whether the person is of
18 Hispanic or Latino origin, and whether the person is age 18
19 or older, if known.
20 (5) Any additional information as the Secretary of
21 State may request pursuant to law.
22 (b) The Department shall provide the information specified
23in subsection (a) in the form that the Secretary of State shall
24specify.
25 (c) Notwithstanding any other provision of law, the
26information required to be provided to the Secretary of State

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1pursuant to this Section shall not include the name of any
2incarcerated person and shall not allow for the identification
3of any person therefrom, except to the Department. The
4information shall be treated as confidential and shall not be
5disclosed by the Secretary of State except as redistricting
6data aggregated by census block for purposes specified in
7Section 20.
8 Section 15. Federal facilities. The Secretary of State
9shall request each agency that operates a federal facility in
10this State that incarcerates persons convicted of a criminal
11offense to provide the Secretary of State with a report that
12includes the information listed in subsection (a) of Section
1310.
14 Section 20. Secretary of State; redistricting data. The
15Secretary of State shall prepare redistricting population data
16to reflect incarcerated persons at their residential address,
17pursuant to Section 25. The data prepared by the Secretary of
18State shall be the basis of the Legislative and Representative
19Districts required to be created pursuant to Section 3 of
20Article IV of the Illinois Constitution of 1970. Incarcerated
21populations residing at unknown geographic locations within
22the State, as determined under paragraph (2) of subsection (c)
23of Section 25, shall not be used to determine the ideal
24population of any set of districts, wards, or precincts.

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1 Section 25. Determinations and data publication by the
2Secretary of State.
3 (a) For each person included in a report received under
4Sections 10 and 15, the Secretary of State shall determine the
5geographic units for which population counts are reported in
6the federal decennial census that contain the facility of
7incarceration and the legal residence as listed according to
8the report.
9 (b) For each person included in a report received under
10Sections 10 and 15, if the legal residence is known and in this
11State, the Secretary of State shall:
12 (1) ensure that the person is not represented in any
13 population counts reported by the Secretary of State for
14 the geographic units that include the facility where the
15 person was incarcerated, unless that geographic unit also
16 includes the person's legal residence; and
17 (2) ensure that any population counts reported by the
18 Secretary of State reflect the person's residential
19 address as reported under Sections 10 and 15.
20 (c) For each person included in a report received under
21Sections 10 and 15 for whom a legal residence is unknown or not
22in this State and for all persons reported in the census as
23residing in a federal correctional facility for whom a report
24was not provided, the Secretary of State shall:
25 (1) ensure that the person is not represented in any

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1 population counts reported by the Secretary of State for
2 the geographic units that include the facility where the
3 person was incarcerated; and
4 (2) allocate the person to a State unit not tied to a
5 specific determined geographic location, as other State
6 residents with unknown State addresses are allocated.
7 (d) The data prepared by the Secretary of State pursuant to
8this Section shall be completed and published no later than 30
9days after the date that federal decennial census data required
10to be published by Public Law 94-171 is published for the State
11of Illinois.
12 Section 30. Data; Legislative and Representative
13Districts. The data prepared by the Secretary of State in
14Section 25 shall be used only as the basis for determining
15Legislative and Representative Districts. Residences at
16unknown geographic locations within the State under subsection
17(c) of Section 25 shall not be used to determine the ideal
18population of any set of districts, wards, or precincts. The
19data prepared by the Secretary of State in Section 25 shall not
20be used in the distribution of any State or federal aid.
21 Section 97. Severability. The provisions of this Act are
22severable under Section 1.31 of the Statute on Statutes.
23 Section 99. Effective date. This Act takes effect upon
24becoming law.
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