HB1489eng 99TH GENERAL ASSEMBLY

HB1489 Engrossed LRB099 05934 MGM 25983 b

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the No Representation Without Population Act.

Section 3. Definition. As used in this Act, "Department" means the Illinois Department of Corrections.

Section 5. Electronic records. The Department 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, 2015. At a minimum, this record shall contain the person's last known complete street address prior to incarceration, the person's race, whether the person is of Hispanic or Latino origin, and whether the person is 18 years of age or older. To the degree possible, the Department shall also allow the legal residence to be updated as appropriate.

Section 10. Reports to the Secretary of State.

(a) In each year where the federal decennial census is taken but in which the United States Bureau of the Census allocates incarcerated persons as residents of correctional facilities, the Department shall by May 1 of that same year deliver to the Secretary of State the following information:

(1) A unique identifier, not including the name or Department-assigned inmate number, for each incarcerated person subject to the jurisdiction of the Department on the date for which the decennial census reports population. The unique identifier shall enable the Secretary of State to address inquiries about specific address records to the Department, without making it possible for anyone outside of the Department to identify the inmate to whom the address record pertains.

(2) The street address of the correctional facility where the person was incarcerated at the time of the report.

(3) The last known address of the person prior to incarceration or other legal residence, if known.

(4) The person's race, whether the person is of Hispanic or Latino origin, and whether the person is age 18 or older, if known.

(5) Any additional information as the Secretary of State may request pursuant to law.

(b) The Department shall provide the information specified in subsection (a) of this Section in the form that the Secretary of State shall specify.

(c) Notwithstanding any other provision of law, the information required to be provided to the Secretary of State pursuant to this Section shall not include the name of any incarcerated person and shall not allow for the identification of any person therefrom, except to the Department. The information shall be treated as confidential, and shall not be disclosed by the Secretary of State except as redistricting data aggregated by census block for purposes specified in Section 20 of this Act.

Section 15. Federal facilities. The Secretary of State shall request each agency that operates a federal facility in this State that incarcerates persons convicted of a criminal offense to provide the Secretary of State with a report including the information listed in subsection (a) of Section 10 of this Act.

Section 20. Secretary of State; redistricting data. The Secretary of State shall prepare redistricting population data to reflect incarcerated persons at their residential address, pursuant to Section 25 of this Act. The data prepared by the Secretary of State shall be the basis of the Legislative and Representative Districts required to be created pursuant to Section 3 of Article IV of the Illinois Constitution of 1970. Incarcerated populations residing at unknown geographic locations within the State, as determined under paragraph (2) of subsection (c) of Section 25 of this Act shall not be used to determine the ideal population of any set of districts, wards, or precincts.

Section 25. Determinations and data publication by the Secretary of State.

(a) For each person included in a report received under Sections 10 and 15 of this Act, the Secretary of State shall determine the geographic units for which population counts are reported in the federal decennial census that contain the facility of incarceration and the legal residence as listed according to the report.

(b) For each person included in a report received under Sections 10 and 15 of this Act, if the legal residence is known and in this State, the Secretary of State shall:

(1) ensure that the person is not represented in any population counts reported by the Secretary of State for the geographic units that include the facility where the person was incarcerated, unless that geographic unit also includes the person's legal residence; and

(2) ensure that any population counts reported by the Secretary of State reflect the person's residential address as reported under Sections 10 and 15 of this Act.

(c) For each person included in a report received under Sections 10 and 15 of this Act for whom a legal residence is unknown or not in this 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 shall:

(1) ensure that the person is not represented in any population counts reported by the Secretary of State for the geographic units that include the facility where the person was incarcerated; and

(2) allocate the person to a State unit not tied to a specific determined geographic location, as other State residents with unknown State addresses are allocated.

(d) The data prepared by the Secretary of State pursuant to this Section shall be completed and published no later than 30 days after the date that federal decennial census data required to be published by Public Law 94-171 is published for the State of Illinois.

Section 30. Data; Legislative and Representative Districts. The data prepared by the Secretary of State in Section 25 of this Act shall be used only as the basis for determining Legislative and Representative Districts. Residences at unknown geographic locations within the State under subsection (c) of Section 25 of this Act shall not be used to determine the ideal population of any set of districts, wards, or precincts. The data prepared by the Secretary of State in Section 25 of this Act shall not be used in the distribution of any State or federal aid.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect upon becoming law.