HB1465: Redistricting; certain population data to be used.
HOUSE BILL NO. 1465
Be it enacted by the General Assembly of Virginia:
1. That § 24.2-304.1 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Article 4 of Chapter 3 of Title 24.2 a section numbered 24.2-314 as follows:
§ 24.2-304.1. At-large and district elections; reapportionment and redistricting of districts or wards; limits.
A. Except as otherwise specifically limited by general law or special act, the governing body of each county, city, or town may provide by ordinance for the election of its members on any of the following bases: (i) at large from the county, city, or town; (ii) from single-member or multi-member districts or wards, or any combination thereof; or (iii) from any combination of at-large, single-member, and multi-member districts or wards. A change in the basis for electing the members of the governing body shall not constitute a change in the form of county government.
B. If the members are elected from districts or wards and other than entirely at large from the locality, the districts or wards shall be composed of contiguous and compact territory and shall be so constituted as to give, as nearly as is practicable, representation in proportion to the population of the district or ward. In 1971 and every 10 years thereafter, the governing body of each such locality shall reapportion the representation among the districts or wards, including, if the governing body deems it appropriate, increasing or diminishing the number of such districts or wards, in order to give, as nearly as is practicable, representation on the basis of population.
C. For the purposes of redistricting and reapportioning
representation in 2001 2021
and every 10 years thereafter, the governing body of a county, city, or town
shall use the most recent decennial population figures for such county, city,
or town from the United States Bureau of the Census, which
figures are identical to those from the actual enumeration conducted by the
United States Bureau of the Census for the apportionment of representatives in
the United States House of Representatives, except that the census data for
these redistricting and apportionment purposes will not include any population
figure that is not allocated to specific census blocks within the Commonwealth,
even though that population may have been included in the apportionment
population figures of the Commonwealth for the purpose of allocating United States
House of Representatives seats among the states as adjusted by the
Division of Legislative Services in accordance with subsection
E of § 24.2-314. The governing body of
any county, city, or town may elect to exclude the adult inmate population of
any federal, state, or regional adult correctional facility located in the
locality from the population figures used for the purposes of the decennial
reapportionment and redistricting. The adult inmate population so excluded
shall be based on information provided by the facility as to the adult inmate
population at the facility on the date of the decennial census.
D. Notwithstanding any other provision of general law or special act, the governing body of a county, city, or town shall not reapportion the representation in the governing body at any time other than that required following the decennial census, except as (i) provided by law upon a change in the boundaries of the county, city, or town that results in an increase or decrease in the population of the county, city, or town of more than one percent, (ii) the result of a court order, (iii) the result of a change in the form of government, or (iv) the result of an increase or decrease in the number of districts or wards other than at-large districts or wards. The foregoing provisions notwithstanding, the governing body subsequent to the decennial redistricting may adjust district or ward boundaries in order that the boundaries might coincide with state legislative or congressional district boundaries; however, no adjustment shall affect more than five percent of the population of a ward or district or 250 persons, whichever is lesser. If districts created by a reapportionment enacted subsequent to a decennial reapportionment are invalid under the provisions of this subsection, the immediately preexisting districts shall remain in force and effect until validly reapportioned in accordance with law.
§ 24.2-314. Population data to be used for redistricting.
A. The Department of Corrections (Department) shall collect and maintain an electronic record of the last residential address outside of any corrections facility, legal residence, presumptively outside of any corrections facility, and other demographic data for any person entering its custody on and after January 1, 2016. At a minimum, the 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 extent possible, the Department shall update the legal residence as appropriate.
B. By May 1 of each year in which 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 of Corrections shall deliver the following information to the Division of Legislative Services (Division) in such form as the Division shall specify:
1. A unique identifier, not including the name or State Offender Identification (SID) 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 Division to address inquiries about specific address records to the Department. The information shall be confidential and shall not be disclosed by the Division except as redistricting data aggregated by census block for purposes specified in subsection D;
2. The street address of the correctional facility in which the person is incarcerated at the time of the report;
3. The last known residential street address of the person prior to incarceration, and 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 over, if known; and
5. Any additional information as the Division may request pursuant to law.
C. The Division shall request each agency operating a federal facility in the Commonwealth that incarcerates persons convicted of a criminal offense to provide the Division with a report including the information listed in subsection B.
D. The Division shall prepare redistricting population data reflecting incarcerated persons at their residential addresses pursuant to subsection E. The data prepared by the Division shall be the basis for House of Delegates districts, Senate districts, and all local government election districts that are based on population. Incarcerated populations for whom no residential address within the Commonwealth has been determined as specified in subdivision 3 b of subsection E shall not be used to determine the ideal population of any set of districts.
E. The Division shall determine and publish the redistricting population data as follows:
1. For each person included in a report pursuant to subsection B or C, the Division shall determine the geographical unit for which population counts are reported in the federal decennial census that contains the facility of incarceration and the residence prior to entering custody of the person according to the report.
2. For each person included in a report received pursuant to subsection B or subsection C, if the last residential address is known and is located within the Commonwealth, the Division shall:
a. Ensure that the person is not represented in any population counts reported by the Division for the geographical units that include the facility at which the person is incarcerated, unless that geographical unit also includes the person's last residential address prior to entering custody; and
b. Ensure that any population counts reported by the Division reflect the person's residence address as reported pursuant to subsection B or subsection C.
3. For each person included in a report received pursuant to subsection B or C for whom the last residential address is not known or whose last residential address is not in the Commonwealth and for each person reported in the census as residing in a federal correctional facility for whom a report was not provided, the Division shall:
a. Ensure that the person is not represented in any population counts reported by the Division for the geographic units that include the facility in which the person is incarcerated; and
b. Allocate the person to a state unit not tied to a specific determined geographic location in the same manner as other state residents with unknown state addresses are allocated, including but not limited to military and federal government personnel stationed overseas.
4. The data provided by the Division pursuant to this section shall be completed and published no later than 30 days from the date that federal decennial population data required to be published by P.L. 94-171 is published for Virginia.
5. The Division shall notify each local government that this section requires it to use the data prepared by the Division for redistricting purposes.
F. The data prepared by the Division shall not be used in the distribution of any state or federal aid.