Georgia 2023-2024 Regular Session

Georgia House Bill HB433 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	23 LC 43 2670
2	2	H. B. 433
3	3	- 1 -
4	4	House Bill 433
5	5	By: Representatives Schofield of the 63
6	6	rd
7	7	, Beverly of the 143
8	8	rd
9	9	, Scott of the 76
10	10	th
11	11	, Davis of the
12	12	87
13	13	th
14	14	, and Bennett of the 94
15	15	th
16	16
17	17	A BILL TO BE ENTITLED
18	18	AN ACT
19	19	To amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to
20	20	1
21	21	general provisions for the General Assembly, so as to provide for equity impact statements2
22	22	regarding policy areas including, but not limited to, racial, socioeconomic, health, and other3
23	23	similar factors; to require that such statements be prepared for and attached to all proposed4
24	24	legislation that would impact such policy areas; to provide for content and procedures; to5
25	25	provide for surveys and reports; to provide for compliance by state departments and6
26	26	agencies; to provide for limitations; to provide for legislative findings and declarations; to7
27	27	provide for construction; to provide for related matters; to provide for a short title; to repeal8
28	28	conflicting laws; and for other purposes.9
29	29	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
30	30	SECTION 1.11
31	31	This Act shall be known and may be cited as the "Equity Impact Act."12 23 LC 43 2670
32	32	H. B. 433
33	33	- 2 -
34	34	SECTION 2.
35	35	13
36	36	Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general14
37	37	provisions for the General Assembly, is amended by adding a new Code section to read as15
38	38	follows:16
39	39	"28-1-18.
40	40	17
41	41	(a) The General Assembly finds and declares that:18
42	42	(1) The health, safety, and productivity of all communities in this state, including19
43	43	historically marginalized communities, are of the utmost importance;20
44	44	(2) All citizens of this state are harmed by unintended disparities created by legislation;21
45	45	and22
46	46	(3) The use of equity impact statements will provide members of the General Assembly23
47	47	with demographic data and other information to assist in proactively identifying possible24
48	48	disparate impacts on historically marginalized communities, allowing for better informed25
49	49	and more intentional decisions with regard to legislative proposals.26
50	50	(b) The Office of Planning and Budget shall, in conjunction with the Department of Audits27
51	51	and Accounts and the Department of Community Affairs, prepare equity impact statements28
52	52	pursuant to this Code section for:29
53	53	(1) All proposed legislation that affects healthcare or housing related policies proposed30
54	54	during or after the 2024 regular session;31
55	55	(2) All proposed legislation that affects primary or secondary education related policies32
56	56	proposed during or after the 2025 regular session; and33
57	57	(3) All proposed legislation that affects tax policy proposed during or after the 202634
58	58	regular session.35
59	59	(c) Each equity impact statement shall contain, at a minimum:36
60	60	(1) A detailed description of any inequitable impact expected to result from the proposed37
61	61	legislation on communities of this state that presently face disparate hardship due to38
62	62	socioeconomic status, language barriers, race, creed, color, national origin, immigration39 23 LC 43 2670
63	63	H. B. 433
64	64	- 3 -
65	65	status, sex, military status, sexual orientation or identity, or the presence of any sensory,40
66	66	mental, or physical disability;41
67	67	(2) A list of the state departments and agencies that assisted in the preparation of the42
68	68	equity impact statement; and43
69	69	(3) The signature of the commissioner of the Department of Community Affairs44
70	70	indicating whether he or she agrees with the assumptions made by the state departments45
71	71	and agencies directly involved in the preparation of the equity impact statement.46
72	72	(d) By October 1, 2023, the Department of Audits and Accounts, in conjunction with the47
73	73	Secretary of the Senate and the Clerk of the House of Representatives, shall establish and48
74	74	publish procedures for the preparation and use of equity impact statements in accordance49
75	75	with this Code section, which shall include, at a minimum:50
76	76	(1) Guidance for state departments and agencies on best practices for assisting in the51
77	77	preparation of equity impact statements, including time limitations for providing the data52
78	78	required for completing the equity impact statements; 53
79	79	(2) Instructions for members of the General Assembly on how equity impact statements54
80	80	may be requested and filed;55
81	81	(3) Provisions that detail how equity impact statements that have been prepared for a56
82	82	legislative proposal are to be attached to the proposed legislation and remain with the57
83	83	proposed legislation throughout the legislative process; and58
84	84	(4) Provisions and time guidelines for revising equity impact statements for proposed59
85	85	legislation which is substituted or amended during the legislative session.60
86	86	(e) All state departments and agencies shall assist in the preparation of equity impact61
87	87	statements as necessary and at the request of the Office of Planning and Budget, the62
88	88	Department of Audits and Accounts, or the Department of Community Affairs. Any such63
89	89	state department or agency shall be authorized to enter into contracts with any one or more64
90	90	third-party agents for services necessary to adequately prepare and publish equity impact65
91	91	statements.66 23 LC 43 2670
92	92	H. B. 433
93	93	- 4 -
94	94	(f)(1) The Department of Audits and Accounts shall, within 30 days after the final67
95	95	adjournment of the 2024 and 2026 regular sessions of the General Assembly, survey all68
96	96	members of the General Assembly for the purpose of making improvements to the69
97	97	content and procedures for the preparation of equity impact statements. Such survey shall70
98	98	include, at a minimum:71
99	99	(A) Whether the member reviewed the equity impact statements published during the72
100	100	prior session;73
101	101	(B) How helpful the equity impact statements were in informing a member's decision74
102	102	on or consideration of legislative proposals;75
103	103	(C) Any recommendations that the member may have on improvements to the content76
104	104	or preparation of equity impact statements; and77
105	105	(D) Any other feedback the member wishes to provide.78
106	106	(2) The Office of Planning and Budget shall, within 120 days after the distribution of the79
107	107	survey provided for in this subsection, prepare a report concerning the survey results and80
108	108	any recommendations such office may have to amend this Code section. Such report81
109	109	shall be provided electronically to each member of the General Assembly, the Governor,82
110	110	and the Lieutenant Governor.83
111	111	(g) The provisions of this Code section shall not limit or prevent the General Assembly84
112	112	from taking action on any legislative proposal based upon a finding in an equity impact85
113	113	statement, nor shall the lack of an equity impact statement or an inaccuracy in an equity86
114	114	impact statement affect the validity of any measure otherwise duly passed by the General87
115	115	Assembly."88
116	116	SECTION 3.89
117	117	All laws and parts of laws in conflict with this Act are repealed.90