Bill Text: IL SB1442 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Creates the No Representation Without Population Act. Provides that the Illinois Department of Corrections shall collect and maintain an electronic record of the legal residence, outside of the facility, and other demographic data, for any person entering its custody after January 1, 2014. Provides that the record shall contain, at a minimum, the 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 age 18 or older. Contains provisions concerning reports, federal facilities, the Data Collection and Reporting Advisory Council, the determination of Legislative and Representative Districts, and State and federal aid. Contains a severability clause.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB1442 Detail]

Download: Illinois-2013-SB1442-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB1442 Introduced 2/6/2013, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED:
New Act
Creates the No Representation Without Population Act. Provides that the Illinois Department of Corrections shall collect and maintain an electronic record of the legal residence, outside of the facility, and other demographic data, for any person entering its custody after January 1, 2014. Provides that the record shall contain, at a minimum, the 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 age 18 or older. Contains provisions concerning reports, federal facilities, the Data Collection and Reporting Advisory Council, the determination of Legislative and Representative Districts, and State and federal aid. Contains a severability clause.
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A BILL FOR
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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. Definitions.
"Department" means the Illinois Department of Corrections.
"Council" means the Data Collection and Reporting Advisory
Council.
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, 2014. 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

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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.

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(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 25 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. Reports to the Governor; Data Collection and
Reporting Advisory Council.
(a) The Data Collection and Reporting Advisory Council is
hereby created to examine the annual reports produced by the
Department described in subsection (b) of this Section.
(b) The Department shall by May 1 of each year deliver to
the Governor and the Council a report containing, for each
piece of information requested in items (3) and (4) of
subsection (a) of Section 10 of this Act, the total number of

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incarcerated persons that were known as of April 1.
(c) The Council shall meet twice a year to provide
consultation to the Department. All members of the Council
shall serve without compensation, but shall be reimbursed for
their reasonable and necessary expenses from funds available
for that purpose.
(d) The Council shall consist of 11 members, appointed by
the Governor. Each member shall be a subject matter expert in
demographics, redistricting, or criminal justice data systems,
including at least one expert in each of those subject matter
areas.
Section 25. 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 30 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,
and all local government districts that are based on
population. Incarcerated populations residing at unknown
geographic locations within the State, as determined under
subsection (c)(2) of Section 30 of this Act shall not be used
to determine the ideal population of any set of districts,
wards, or precincts.

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Section 30. 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

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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 35. Data; Legislative and Representative
Districts. The data prepared by the Secretary of State in
Section 30 of this Act shall be the basis for determining
Legislative and Representative Districts and all local
government districts that are based on population. Residences
at unknown geographic locations within the State under
subsection (c) of Section 30 of this Act shall not be used to
determine the ideal population of any set of districts, wards,
or precincts.
Section 40. State and federal aid. The data prepared by the
Secretary of State in Section 30 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

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severable under Section 1.31 of the Statute on Statutes.