23 LC 43 2670
H. B. 433
- 1 -
House Bill 433
By: Representatives Schofield of the 63
rd
, Beverly of the 143
rd
, Scott of the 76
th
, Davis of the
87
th
, and Bennett of the 94
th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to
1
general provisions for the General Assembly, so as to provide for equity impact statements2
regarding policy areas including, but not limited to, racial, socioeconomic, health, and other3
similar factors; to require that such statements be prepared for and attached to all proposed4
legislation that would impact such policy areas; to provide for content and procedures; to5
provide for surveys and reports; to provide for compliance by state departments and6
agencies; to provide for limitations; to provide for legislative findings and declarations; to7
provide for construction; to provide for related matters; to provide for a short title; to repeal8
conflicting laws; and for other purposes.9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
SECTION 1.11
This Act shall be known and may be cited as the "Equity Impact Act."12 23 LC 43 2670
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SECTION 2.
13
Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general14
provisions for the General Assembly, is amended by adding a new Code section to read as15
follows:16
"28-1-18.
17
(a) The General Assembly finds and declares that:18
(1) The health, safety, and productivity of all communities in this state, including19
historically marginalized communities, are of the utmost importance;20
(2) All citizens of this state are harmed by unintended disparities created by legislation;21
and22
(3) The use of equity impact statements will provide members of the General Assembly23
with demographic data and other information to assist in proactively identifying possible24
disparate impacts on historically marginalized communities, allowing for better informed25
and more intentional decisions with regard to legislative proposals.26
(b) The Office of Planning and Budget shall, in conjunction with the Department of Audits27
and Accounts and the Department of Community Affairs, prepare equity impact statements28
pursuant to this Code section for:29
(1) All proposed legislation that affects healthcare or housing related policies proposed30
during or after the 2024 regular session;31
(2) All proposed legislation that affects primary or secondary education related policies32
proposed during or after the 2025 regular session; and33
(3) All proposed legislation that affects tax policy proposed during or after the 202634
regular session.35
(c) Each equity impact statement shall contain, at a minimum:36
(1) A detailed description of any inequitable impact expected to result from the proposed37
legislation on communities of this state that presently face disparate hardship due to38
socioeconomic status, language barriers, race, creed, color, national origin, immigration39 23 LC 43 2670
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status, sex, military status, sexual orientation or identity, or the presence of any sensory,40
mental, or physical disability;41
(2) A list of the state departments and agencies that assisted in the preparation of the42
equity impact statement; and43
(3) The signature of the commissioner of the Department of Community Affairs44
indicating whether he or she agrees with the assumptions made by the state departments45
and agencies directly involved in the preparation of the equity impact statement.46
(d) By October 1, 2023, the Department of Audits and Accounts, in conjunction with the47
Secretary of the Senate and the Clerk of the House of Representatives, shall establish and48
publish procedures for the preparation and use of equity impact statements in accordance49
with this Code section, which shall include, at a minimum:50
(1) Guidance for state departments and agencies on best practices for assisting in the51
preparation of equity impact statements, including time limitations for providing the data52
required for completing the equity impact statements; 53
(2) Instructions for members of the General Assembly on how equity impact statements54
may be requested and filed;55
(3) Provisions that detail how equity impact statements that have been prepared for a56
legislative proposal are to be attached to the proposed legislation and remain with the57
proposed legislation throughout the legislative process; and58
(4) Provisions and time guidelines for revising equity impact statements for proposed59
legislation which is substituted or amended during the legislative session.60
(e) All state departments and agencies shall assist in the preparation of equity impact61
statements as necessary and at the request of the Office of Planning and Budget, the62
Department of Audits and Accounts, or the Department of Community Affairs. Any such63
state department or agency shall be authorized to enter into contracts with any one or more64
third-party agents for services necessary to adequately prepare and publish equity impact65
statements.66 23 LC 43 2670
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(f)(1) The Department of Audits and Accounts shall, within 30 days after the final67
adjournment of the 2024 and 2026 regular sessions of the General Assembly, survey all68
members of the General Assembly for the purpose of making improvements to the69
content and procedures for the preparation of equity impact statements. Such survey shall70
include, at a minimum:71
(A) Whether the member reviewed the equity impact statements published during the72
prior session;73
(B) How helpful the equity impact statements were in informing a member's decision74
on or consideration of legislative proposals;75
(C) Any recommendations that the member may have on improvements to the content76
or preparation of equity impact statements; and77
(D) Any other feedback the member wishes to provide.78
(2) The Office of Planning and Budget shall, within 120 days after the distribution of the79
survey provided for in this subsection, prepare a report concerning the survey results and80
any recommendations such office may have to amend this Code section. Such report81
shall be provided electronically to each member of the General Assembly, the Governor,82
and the Lieutenant Governor.83
(g) The provisions of this Code section shall not limit or prevent the General Assembly84
from taking action on any legislative proposal based upon a finding in an equity impact85
statement, nor shall the lack of an equity impact statement or an inaccuracy in an equity86
impact statement affect the validity of any measure otherwise duly passed by the General87
Assembly."88
SECTION 3.89
All laws and parts of laws in conflict with this Act are repealed.90