HF 662

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/04/2021 05:47pm

A bill for an act
relating to redistricting; requiring the allocation of certain incarcerated persons
based on their last known address in the state; proposing coding for new law in
Minnesota Statutes, chapter 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

[2.92] INCARCERATED PERSONS IN DISTRICT PLANS.

Subdivision 1.

Reallocation and exclusion of incarcerated persons.

(a) If the census
block populations provided by the United States Bureau of the Census under Public Law
94-171 count persons incarcerated at a correctional facility as residents of the census block
where the facility is located, the director of the Legislative Coordinating Commission must
reallocate or exclude each person incarcerated in the facility as follows:

(1) a person who has a last known address in Minnesota must be reallocated to the census
block of the last known address; and

(2) a person who has a last known address outside of Minnesota must be excluded from
the population count.

(b) The population counts that reflect all required reallocations and exclusions must be
posted on the website of the Legislative Coordinating Commission within seven days after
the data necessary to process the reallocations and exclusions is received. If access to
sufficient data necessary to reallocate and exclude persons incarcerated in a federal
correctional facility is prohibited by federal law or cannot otherwise be reasonably obtained,
the Legislative Coordinating Commission may instruct the director to limit the reallocations
and exclusions to only those persons residing in state correctional facilities.

Subd. 2.

Access to data; memorandum of understanding.

Notwithstanding any law
to the contrary, the commissioner of corrections must provide the director of the Legislative
Coordinating Commission with access to the best available data necessary to conduct the
reallocations and exclusions required by this section. The commissioner and the director
may enter a memorandum of understanding detailing the methodology to be used and the
format and manner in which the data will be provided. The data must be provided in a format
that allows the reallocations and exclusions to be processed within the time required by
subdivision 1.

Subd. 3.

Revised census block populations must be used in redistricting.

The census
block population counts that reflect the reallocation and exclusion of incarcerated persons
under this section must be the data set used by the legislature for purpose of drawing
Congressional and legislative districts, and must be used by political subdivisions for the
purpose of drawing city wards and other local government election districts.

EFFECTIVE DATE.

This section is effective the day following final enactment and
applies to population counts for redistricting plans considered for adoption by the legislature
on or after that date.