Complete Count Committee Act

Model Policy

Section 1. Short Title.
This Act may be cited as the “[State] Complete Count [Committee] Act.”

Section 2. Findings and Purpose.
(a) The [Legislature] finds that:

1. The United States Constitution requires a census of the population every ten years;
2. Census data are used to apportion the United States House of Representatives and to redraw [congressional and state legislative] district boundaries;
3. Federal and state funding decisions are based in part on census data;
4. Accurate census data are needed to plan for the growth, development, and needs of [State]; [and]
5. [Insert state-specific findings, such as published census coverage estimates for [State].]

(b) The purpose of this Act is to establish a committee to plan and coordinate statewide education and outreach that encourages a complete and accurate count of all persons in [State] in the federal decennial census.

Section 3. Definitions. As used in this Act:
(a) “Census” means the federal decennial census of population required by 13 U.S.C. § 141 [to be conducted in 2030].
(b) “Census Bureau” means the United States Census Bureau.
(c) “Committee” means the [State] Complete Count [Committee] created in Section 4.
(d) “Hard-to-count populations” means populations and areas that have been historically undercounted or are at risk of being undercounted in the census, [such as young children, __].
(e) “Local complete count committee” means a committee formed by a county, municipality, [tribal government,] or community organization to encourage census participation.

Section 4. Creation.
(a) There is created the [State] Complete Count [Committee] [within the [agency]] [in, but not of, the [agency]] [as an independent body].
(b) [Alternative for a recurring committee: The committee shall be created not later than [April 1] of the [fourth] year preceding each census.]

Section 5. Membership.
(a) The committee shall consist of [number] members as follows:

1. [Number] members of the [Senate] appointed by the [President / President Pro Tempore] and [number] appointed by the [Minority Leader];
2. [Number] members of the [House of Representatives / Assembly] appointed by the [Speaker] and [number] appointed by the [Minority Leader];
3. The Governor or the Governor’s designee;
4. The heads, or their designees, of the following state agencies: [e.g., commerce, labor, human services, health, education, veterans affairs, the State Data Center];
5. [Number] representatives of county governments and [number] representatives of municipal governments, reflecting the geographic diversity of the state, appointed by [appointing authority];
6. [Number] representatives of tribal governments in [State], appointed by [appointing authority];]
7. [Number] representatives of nonprofit or community-based organizations that represent or serve hard-to-count populations, appointed by [appointing authority];
8. [Number] representatives of business, appointed by [appointing authority];
9. [Number] representatives of education, including [one faculty member of a public institution of higher education with expertise in demography, statistics, or a related field], appointed by [appointing authority];
10. [Number] representatives of the faith community, appointed by [appointing authority]; and
11. [Other members, e.g., philanthropy, media, aging services, community action agencies].]

(b) Appointing authorities shall make appointments by [date] [within [90] days after the effective date of this Act] and shall notify [staffing agency] of each appointment.
(c) A vacancy shall be filled for the unexpired term in the same manner as the original appointment.
(d) [Not more than [number] members shall be of the same political party.]
(e) Members shall serve without compensation [but may be reimbursed for actual and necessary expenses under [statute], within available funds].

Section 6. Organization and Meetings.
(a) [Option A: The Governor shall designate a member as chair.] [Option B: The [official] shall serve as chair, and the members shall select a vice chair.] [Option C: The members shall select a chair and vice chair.]
(b) The [chair / staffing agency] shall call the first meeting [within [90] days after the effective date of this Act] [not later than [date]].
(c) The committee shall meet at least [once every other month / quarterly / annually] and at the call of the chair.
(d) A majority of the members constitutes a quorum. Action requires the vote of a majority of members present. A vacancy does not impair the committee’s authority to act.
(e) The committee shall adopt rules of procedure and may meet by electronic means. Meetings are subject to [State open meetings law].

Section 7. Duties.
(a) The committee shall develop, recommend, and assist in carrying out a statewide census outreach plan designed to ensure a complete and accurate count of all persons in [State]. The plan shall include:

1. State agency initiatives to encourage census participation;
2. School-based outreach;
3. Partnerships with nonprofit, community-based, business, and faith organizations;
4. A multilingual, multimedia public information campaign;
5. Strategies to reach hard-to-count populations and areas; and
6. [Promotion of census job opportunities.]

(b) The committee shall also:

1. Set goals and the steps to be taken each year to achieve a complete count;
2. Coordinate with the Office of the Governor and the Census Bureau, including Census Bureau partnership staff;
3. Review results of the prior census and recommendations of any prior complete count committee in [State];
4. Collect information from state agencies on opportunities to add census outreach to existing activities and the estimated cost, and recommend appropriations;
5. [Hold at least [three] public hearings in different regions of the state;]
6. Support state participation in Census Bureau geographic programs, such as the Local Update of Census Addresses (LUCA), the Boundary and Annexation Survey, and the Participant Statistical Areas Program, and assist local governments that lack resources to participate; and
7. [Maintain or coordinate a state census information web page.]

Section 8. Subcommittees and Local Complete Count Committees.
(a) The committee may create subcommittees [, which may include government, education, faith-based, media, community-based organization, business, and recruiting subcommittees,] and may include persons who are not members and who have relevant expertise.
(b) The committee [shall / may] encourage counties, municipalities, [and tribal governments] to designate a census liaison [by [date]] and to form local complete count committees, and shall share information and materials with them.

Section 9. Staff and Agency Cooperation.
(a) The [agency, e.g., State Data Center, Secretary of State] shall provide staff and administrative support to the committee.
(b) Each state agency shall designate a census coordinator, inform [staffing agency] of the designation, and cooperate with the committee.
(c) The committee may use the services of employees of other state agencies, as available.

Section 10. Funding and Grants.
(a) [Option A: The committee’s activities shall be carried out within funds appropriated for that purpose.] [Option B: There is created the [State] Census Complete Count Fund in [agency]. [Amount] is appropriated to the fund [annually] [for fiscal years __]. Interest earned shall be credited to the fund.]
(b) Within available funds, [agency] may award grants to local governments, [tribal governments,] and nonprofit organizations for census outreach [, with priority for hard-to-count populations].
(c) The committee may accept gifts, grants, and donations from public and private sources, as permitted by [law].]

Section 11. Reports.
(a) The committee shall submit to the Governor and the [Legislature] a report with its recommended outreach plan and funding recommendations not later than [date].
(b) The committee shall submit [annual] progress reports and recommendations not later than [date] of each year.
(c) The committee shall submit a final report on its activities, results, and recommendations for the next census not later than [date].

Section 12. Confidentiality.
(a) The committee, its subcommittees, staff, and grantees shall not collect, request, or retain individual census responses.
(b) Committee outreach materials shall describe the confidentiality protections that apply to census responses under Title 13 of the United States Code.

Section 13. Expiration.
[Option A: The committee expires on [December 31, 2030].] [Option B: The committee is re-created under Section 4 for each census and expires on December 31 of the year in which that census is conducted.]

Section 14. Severability.
Section 15. Repealer.
Section 16. Effective Date.