PRIOR PRINTER'S NO. 676
PRINTER'S NO. 2177
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
706
Session of
2021
INTRODUCED BY McCLINTON, LEE, FRANKEL, HOHENSTEIN, N. NELSON,
KINSEY, HILL-EVANS, SANCHEZ, BURGOS, SCHLOSSBERG, SAPPEY,
WHEATLEY, ISAACSON, GALLOWAY, CIRESI, DELLOSO, T. DAVIS,
PARKER, FREEMAN, WEBSTER, SIMS, WARREN, BROOKS, SCHWEYER,
RABB, ZABEL, KINKEAD, INNAMORATO, PISCIOTTANO, D. WILLIAMS,
MADDEN, A. DAVIS, OTTEN AND A. BROWN, MARCH 1, 2021
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 27, 2021
AN ACT
Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
"An act concerning elections, including general, municipal,
special and primary elections, the nomination of candidates,
primary and election expenses and election contests; creating
and defining membership of county boards of elections;
imposing duties upon the Secretary of the Commonwealth,
courts, county boards of elections, county commissioners;
imposing penalties for violation of the act, and codifying,
revising and consolidating the laws relating thereto; and
repealing certain acts and parts of acts relating to
elections," in election districts and polling places,
providing for residence of incarcerated individuals AND
INDIVIDUALS ATTENDING A COLLEGE OR UNIVERSITY LIVING IN
CONGREGATE STUDENT HOUSING.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 3, 1937 (P.L.1333, No.320), known
as the Pennsylvania Election Code, is amended by adding a
section to read:
Section 507. Residence of Incarcerated Individuals.--(a)
The population count used after each Federal decennial census
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for the purpose of creating the congressional districting plan
used to elect this Commonwealth's representatives in Congress:
(1) May not include individuals who:
(i) were incarcerated or held in a facility, as determined
by the Federal decennial census; and
(ii) were not residents of this Commonwealth before their
incarceration or placement in a facility.
(2) Shall count individuals incarcerated or held in a
facility as determined by the Federal decennial census, at their
last known residence before incarceration or placement in a
facility if the individuals were residents of this Commonwealth.
(b) The population count used after each Federal decennial
census by the Legislative Reapportionment Commission for the
purpose of creating the legislative districting plan for the
General Assembly:
(1) May not include individuals who:
(i) were incarcerated or held in a facility, as determined
by the Federal decennial census; and
(ii) were not residents of this Commonwealth before their
incarceration or placement in a facility.
(2) Shall count individuals incarcerated or held in a
facility as determined by the Federal decennial census, at their
last known residence before incarceration or placement in a
facility if the individuals were residents of this Commonwealth.
(c) The population count used after each Federal decennial
census for the purpose of creating the legislative districts
that are used to elect the governing body of a municipality:
(1) May not include individuals who:
(i) were incarcerated or held in a facility, as determined
by the Federal decennial census; and
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(ii) were not residents of this Commonwealth before their
incarceration or placement in a facility.
(2) Shall count individuals incarcerated or held in a
facility, as determined by the Federal decennial census, at
their last known residence before incarceration or placement in
a facility if the individuals were residents of this
Commonwealth.
(d) In each year immediately following the year in which the
Federal decennial census is taken and in which the United States
Census Bureau continues to count an individual as a resident of
the facility in which they are incarcerated or held, the
Department of Corrections and the Department of Human Services
shall furnish to the Legislative Reapportionment Commission, the
Legislative Data Processing Center and other bodies used to
reapportion districts for political subdivision elections the
information necessary to implement this section no later than
fifteen days after the United States Census Bureau releases the
PL-94-171 population data for Pennsylvania.
(e) The information required under subsection (d) shall
include, but shall not be limited to:
(1) A unique identifier, not including the name of every
individual incarcerated or held in a facility at the time of the
Federal decennial census.
(2) The last known address of an individual described under
paragraph (1) before incarceration or placement in a facility.
(3) The census block of the facility in which an individual
under paragraph (1) was incarcerated or held.
(4) The race, ethnicity and age of every individual
incarcerated or held in a facility described under paragraph
(1), if known.
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(f) The Secretary of the Department of Corrections shall
request from the Federal Bureau of Prisons the information
listed under subsection (e) for every individual held in a
facility under the jurisdiction of the Federal Bureau of Prisons
and located in this Commonwealth.
(g) Entities responsible for drafting redistricting plans in
this Commonwealth shall use the data provided under subsections
(e) and (f) to adjust the PL-94-171 population data for
Pennsylvania to ensure individuals incarcerated or held in a
facility are counted at their last known residence with regards
to redistricting.
(h) As used in this section, the following words and phrases
shall have the meanings given to them
"Facility" The following:
(1) A Federal or State correctional facility.
(2) A State public facility for adjudicated delinquent
youth.
"Last known residence." The address at which an individual
was last domiciled prior to the individual's incarceration or
placement in a facility, as reported by the individual. For
individuals experiencing homelessness prior to incarceration or
placement in a facility, the term shall mean the location where
the individual regularly stayed or regularly received services
prior to incarceration or placement, as reported by the
individual.
SECTION 507. RESIDENCE OF INCARCERATED INDIVIDUALS AND
INDIVIDUALS ATTENDING A COLLEGE OR UNIVERSITY LIVING IN
CONGREGATE STUDENT HOUSING.--(A) THE POPULATION COUNT USED
AFTER THE 2030 FEDERAL DECENNIAL CENSUS AND EACH FEDERAL
DECENNIAL CENSUS THEREAFTER FOR THE PURPOSE OF CREATING THE
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CONGRESSIONAL DISTRICTING PLAN USED TO ELECT THIS COMMONWEALTH'S
REPRESENTATIVES IN CONGRESS:
(1) MAY NOT INCLUDE INDIVIDUALS WHO:
(I) WERE INCARCERATED OR HELD IN A FACILITY, AS DETERMINED
BY THE FEDERAL DECENNIAL CENSUS, AND WERE NOT RESIDENTS OF THIS
COMMONWEALTH BEFORE THEIR INCARCERATION OR PLACEMENT IN A
FACILITY; OR
(II) ARE ATTENDING A COLLEGE OR UNIVERSITY AND LIVING IN
CONGREGATE STUDENT HOUSING, AS DETERMINED BY THE FEDERAL
DECENNIAL CENSUS AND ARE NOT RESIDENTS OF THIS COMMONWEALTH.
(2) SHALL COUNT INDIVIDUALS INCARCERATED OR HELD IN A
FACILITY OR ATTENDING A COLLEGE OR UNIVERSITY AND LIVING IN
CONGREGATE STUDENT HOUSING, AS DETERMINED BY THE FEDERAL
DECENNIAL CENSUS, AT THEIR LAST KNOWN RESIDENCE BEFORE
INCARCERATION OR PLACEMENT IN A FACILITY OR RESIDENCE IN
CONGREGATE STUDENT HOUSING IF THE INDIVIDUALS WERE RESIDENTS OF
THIS COMMONWEALTH.
(B) THE POPULATION COUNT USED AFTER EACH FEDERAL DECENNIAL
CENSUS BY THE LEGISLATIVE REAPPORTIONMENT COMMISSION FOR THE
PURPOSE OF CREATING THE LEGISLATIVE DISTRICTING PLAN FOR THE
GENERAL ASSEMBLY:
(1) MAY NOT INCLUDE INDIVIDUALS WHO:
(I) WERE INCARCERATED OR HELD IN A FACILITY, AS DETERMINED
BY THE FEDERAL DECENNIAL CENSUS, AND WERE NOT RESIDENTS OF THIS
COMMONWEALTH BEFORE THEIR INCARCERATION OR PLACEMENT IN A
FACILITY; OR
(II) ARE ATTENDING A COLLEGE OR UNIVERSITY AND LIVING IN
CONGREGATE STUDENT HOUSING, AS DETERMINED BY THE FEDERAL
DECENNIAL CENSUS AND ARE NOT RESIDENTS OF THIS COMMONWEALTH.
(2) SHALL COUNT INDIVIDUALS INCARCERATED OR HELD IN A
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FACILITY OR ATTENDING A COLLEGE OR UNIVERSITY AND LIVING IN
CONGREGATE STUDENT HOUSING, AS DETERMINED BY THE FEDERAL
DECENNIAL CENSUS, AT THEIR LAST KNOWN RESIDENCE BEFORE
INCARCERATION OR PLACEMENT IN A FACILITY OR RESIDENCE IN
CONGREGATE STUDENT HOUSING IF THE INDIVIDUALS WERE RESIDENTS OF
THIS COMMONWEALTH.
(C) THE POPULATION COUNT USED AFTER EACH FEDERAL DECENNIAL
CENSUS FOR THE PURPOSE OF CREATING THE LEGISLATIVE DISTRICTS
THAT ARE USED TO ELECT THE GOVERNING BODY OF A MUNICIPALITY:
(1) MAY NOT INCLUDE INDIVIDUALS WHO:
(I) WERE INCARCERATED OR HELD IN A FACILITY, AS DETERMINED
BY THE FEDERAL DECENNIAL CENSUS, AND WERE NOT RESIDENTS OF THIS
COMMONWEALTH BEFORE THEIR INCARCERATION OR PLACEMENT IN A
FACILITY; OR
(II) ARE ATTENDING A COLLEGE OR UNIVERSITY AND LIVING IN
CONGREGATE STUDENT HOUSING, AS DETERMINED BY THE FEDERAL
DECENNIAL CENSUS AND ARE NOT RESIDENTS OF THIS COMMONWEALTH.
(2) SHALL COUNT INDIVIDUALS INCARCERATED OR HELD IN A
FACILITY OR ATTENDING A COLLEGE OR UNIVERSITY AND LIVING IN
CONGREGATE STUDENT HOUSING, AS DETERMINED BY THE FEDERAL
DECENNIAL CENSUS, AT THEIR LAST KNOWN RESIDENCE BEFORE
INCARCERATION OR PLACEMENT IN A FACILITY OR RESIDENCE IN
CONGREGATE STUDENT HOUSING IF THE INDIVIDUALS WERE RESIDENTS OF
THIS COMMONWEALTH.
(D) IN EACH YEAR IMMEDIATELY FOLLOWING THE YEAR IN WHICH THE
FEDERAL DECENNIAL CENSUS IS TAKEN AND IN WHICH THE UNITED STATES
CENSUS BUREAU CONTINUES TO COUNT AN INDIVIDUAL AS A RESIDENT OF
THE FACILITY IN WHICH THEY ARE INCARCERATED OR HELD OR THE
COLLEGE OR UNIVERSITY WHERE THE INDIVIDUAL IS LIVING IN
CONGREGATE STUDENT HOUSING, THE DEPARTMENT OF CORRECTIONS, THE
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DEPARTMENT OF EDUCATION, THE DEPARTMENT OF HUMAN SERVICES, THE
STATE SYSTEM OF HIGHER EDUCATION AND STATE-RELATED INSTITUTIONS
IN THE COMMONWEALTH SYSTEM OF HIGHER EDUCATION SHALL FURNISH TO
THE LEGISLATIVE REAPPORTIONMENT COMMISSION, THE LEGISLATIVE DATA
PROCESSING CENTER AND OTHER BODIES USED TO REAPPORTION DISTRICTS
FOR POLITICAL SUBDIVISION ELECTIONS THE INFORMATION NECESSARY TO
IMPLEMENT THIS SECTION NO LATER THAN FIFTEEN DAYS AFTER THE
UNITED STATES CENSUS BUREAU RELEASES THE PL-94-171 POPULATION
DATA FOR PENNSYLVANIA.
(E) THE INFORMATION REQUIRED UNDER SUBSECTION (D) SHALL
INCLUDE, BUT SHALL NOT BE LIMITED TO:
(1) A UNIQUE IDENTIFIER, NOT INCLUDING THE NAME OF EVERY
INDIVIDUAL INCARCERATED OR HELD IN A FACILITY OR STUDENT
ATTENDING A COLLEGE OR UNIVERSITY AND LIVING IN CONGREGATE
STUDENT HOUSING AT THE TIME OF THE FEDERAL DECENNIAL CENSUS.
(2) THE LAST KNOWN ADDRESS OF AN INDIVIDUAL DESCRIBED UNDER
PARAGRAPH (1) BEFORE INCARCERATION OR PLACEMENT IN A FACILITY OR
RESIDENCE IN CONGREGATE STUDENT HOUSING.
(3) THE CENSUS BLOCK OF THE FACILITY IN WHICH AN INDIVIDUAL
UNDER PARAGRAPH (1) WAS INCARCERATED OR HELD OR IN WHICH THE
CONGREGATE STUDENT HOUSING WAS LOCATED.
(4) THE RACE, ETHNICITY AND AGE OF EVERY INDIVIDUAL
INCARCERATED OR HELD IN A FACILITY OR LIVING IN CONGREGATE
STUDENT HOUSING DESCRIBED UNDER PARAGRAPH (1), IF KNOWN.
(F) THE SECRETARY OF CORRECTIONS SHALL REQUEST FROM THE
FEDERAL BUREAU OF PRISONS THE INFORMATION LISTED UNDER
SUBSECTION (E) FOR EVERY INDIVIDUAL HELD IN A FACILITY UNDER THE
JURISDICTION OF THE FEDERAL BUREAU OF PRISONS AND LOCATED IN
THIS COMMONWEALTH.
(G) ENTITIES RESPONSIBLE FOR DRAFTING REDISTRICTING PLANS IN
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THIS COMMONWEALTH SHALL USE THE DATA PROVIDED UNDER SUBSECTIONS
(E) AND (F) TO ADJUST THE PL-94-171 POPULATION DATA FOR
PENNSYLVANIA TO ENSURE INDIVIDUALS INCARCERATED OR HELD IN A
FACILITY OR ATTE NDING A COLLEGE OR UNIVERSITY AND LIVING IN
CONGREGATE STUDENT HOUSING ARE COUNTED AT THEIR LAST KNOWN
RESIDENCE WITH REGARDS TO REDISTRICTING IF THEY WERE RESIDENTS
OF THIS COMMONWEALTH.
(H) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION UNLESS
THE CONTEXT CLEARLY INDICATES OTHERWISE:
"CONGREGATE STUDENT HOUSING." A BUILDING, DORMITORY,
APARTMENT OR HOUSE RESERVED FOR THE EXCLUSIVE OR PRIMARY
RESIDENCE OF STUDENTS ATTENDING A COLLEGE OR UNIVERSITY.
"FACILITY." THE FOLLOWING:
(1) A FEDERAL OR STATE CORRECTIONAL FACILITY.
(2) A STATE PUBLIC FACILITY FOR ADJUDICATED DELINQUENT
YOUTH.
(3) A COUNTY OR MUNICIPAL CORRECTIONAL FACILITY.
"LAST KNOWN RESIDENCE ." THE ADDRESS AT WHICH AN INDIVIDUAL
WAS LAST DOMICILED PRIOR TO THE INDIVIDUAL'S INCARCERATION OR
PLACEMENT IN A FACILITY OR RESIDENCE IN CONGREGATE STUDENT
HOUSING AS REPORTED BY THE INDIVIDUAL. FOR INDIVIDUALS
EXPERIENCING HOMELESSNESS PRIOR TO INCARCERATION OR PLACEMENT IN
A FACILITY OR RESIDENCE IN CONGREGATE STUDENT HOUSING, THE TERM
SHALL MEAN THE LOCATION WHERE THE INDIVIDUAL REGULARLY STAYED OR
REGULARLY RECEIVED SERVICES PRIOR TO INCARCERATION OR PLACEMENT
OR RESIDENCE IN CONGREGATE STUDENT HOUSING AS REPORTED BY THE
INDIVIDUAL.
Section 2. This act shall take effect immediately.
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