2023 -- S 0636
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LC001967
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO GENERAL ASSEMBLY -- RACIAL IMPACT ASSESSMENT AC T
Introduced By: Senators Mack, Britto, Euer, Kallman, Lauria, and Bell
Date Introduced: March 07, 2023
Referred To: Senate Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Title 22 of the General Laws entitled "GENERAL ASSEMBLY" is hereby 1
amended by adding thereto the following chapter: 2
CHAPTER 20 3
RACIAL IMPACT ASSESSMENT ACT 4
22-20-1. Short title. 5
This chapter shall be known and may be cited as the "Racial Impact Assessment Act". 6
22-20-2. Legislative purpose. 7
(a) The general assembly recognizes that criminal justice policies adopted by state 8
legislation has disproportionally impacted communities of color across our country and within the 9
State of Rhode Island. This disproportional impact has led to poor health outcomes, low educational 10
attainment and low socioeconomic levels in those communities. In turn, it has exacerbated 11
increased rates of incarceration, increased public health risk and increased involvement with state 12
agencies and monitoring resulting in disenfranchisement and distrust of systems and government. 13
(b) Starting in 2007 and 2008, a handful of states, including Connecticut and 14
Massachusetts, began implementing racial impact statements to address racial disparities in their 15
criminal justice systems. This chapter aims to build on that foundation proposing the establishment 16
of a new legislative tool within this state to address racial impacts of legislation. A racial impact 17
assessment shall be used to improve the general assembly’s ability to ensure racial equity and to 18
avoid perpetuating disparities. 19
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(c) This chapter aims to add racial impact statements into the legislative process to 1
contribute to the development of sound and fair policy. Racial impact statements will inform 2
legislators of potential consequences of policies that may have a disproportionate impact on 3
historically disadvantaged populations prior to enacting new legislation. Racial impact statements 4
will provide policy makers with data to ensure that when the opportunities are available, they are 5
informed to take steps to reverse trends that have disadvantaged individuals and communities with 6
an understanding of potential impacts, positive or negative. 7
22-20-3. Definitions. 8
As used in this chapter, the following words and phrases shall have the following meanings: 9
(1) “Legislative committee” means a joint standing committee of the general assembly, a 10
joint-select committee of the general assembly, a task force, any committee established by the 11
general assembly and composed wholly or in part of legislators for the purpose of conducting 12
legislative business. 13
(2) “Racial impact statement” means an assessment of the potential impact that legislation 14
could have on historically disadvantaged racial populations. 15
(3) “State agency” means a state department, agency, office or board of the state or any 16
agency, office or board of a quasi-public agency of the state. 17
22-20-4. Committee to oversee racial impact statement reports. 18
The general assembly shall form a committee to oversee the racial impact statement 19
reports. The committee shall be made up of each chair of each standing legislative committee, the 20
speaker of the house, or designee, and the president of the senate, or designee. The committee shall 21
be provided office space on state property and shall serve as the central office of the racial impact 22
committee and its members. 23
22-20-5. Racial impact statement information. 24
Upon request of a legislative committee, or a director of a state agency, or designee, the 25
committee or director shall provide to that legislative committee, data, analysis and other 26
information necessary to prepare a racial impact statement for legislation before that committee or 27
legislation being prepared by that legislative committee. All such information shall be prepared in 28
a timely manner. Racial impact information shall include, but not be limited to: 29
(1) Information regarding what has been done in other states to accomplish the 30
development and use of racial impact statements and how to avoid disparities; 31
(2) What data, analysis or other information is needed to produce a racial impact statement 32
and the best source of that data and other information; 33
(3) Specific policy areas that would benefit from the use of racial impact statements, 34
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including education, health care, employment and criminal justice; 1
(4) The costs of implementing the use of racial impact statements, either on a limited basis, 2
such as for certain committees or for all joint standing committees and all legislation; and 3
(5) All other relevant considerations that the racial impact committee deems appropriate. 4
22-20-6. Goals of racial impact statements. 5
(a) Based on the prevention principle, the development of racial impact statements aim to 6
reduce the need to correct statutes after the fact and prevents harm, informs of potential harm or 7
disproportionate impact, to specific demographics during the legislative process. 8
(b) A racial impact statement shall be an impartial, simple and understandable statement 9
for which data is currently available within the impacted agencies. The statement, which may be 10
incorporated into a fiscal note for the legislation, will include: 11
(1) A breakdown of overall racial composition of individuals impacted by the legislation 12
in tables or charts for ease of understanding; 13
(2) A brief narrative about the population of people, demographically, that will be 14
impacted; 15
(3) A summary of past disparities and any existing efforts to address them; and 16
(4) The promulgation and adoption of retroactive relief to Black Rhode Islanders and other 17
historically disadvantaged racial populations who have been harmed by prior racially motivated 18
criminal justice legislation. 19
22-20-7. Parameters for statements. 20
(a) The sponsor of the legislation or the chair of the committee to which the legislation is 21
assigned shall request a racial impact statement to be prepared by the house fiscal office or the 22
agency that will be administering the legislation. Racial impact statements are required when 23
proposed legislation pertains to individuals impacted by the criminal justice system in expenditures 24
of grants and resources. 25
(b) Collaboration between agencies and the house fiscal office is encouraged to minimize 26
any reporting burdens. 27
(c) Racial impact statements shall be made available to the public at the time that bills are 28
posted for hearing in committees to ensure that the public and legislators have the information 29
available to inform testimony and hearings. Racial impact statements shall be deemed public 30
records under the provisions of chapter 2 of title 38. 31
22-20-8. Reports. 32
By December 31 of each year, the chairs of each standing committee shall provide a report 33
to the speaker of the house and senate president. The report shall include: 34
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(1) The number of pieces of legislation and the types of legislation for which racial impact 1
statements were requested and used; 2
(2) The manner in which the racial impact statements were obtained or developed; 3
(3) The amount of time, both as an average and individually, needed to develop each racial 4
impact statement; 5
(4) The cost, if any, of each racial impact statement provided to the standing committees; 6
and 7
(5) An analysis from the chair of each standing committee as to the usefulness of the impact 8
statements. 9
SECTION 2. This act shall take effect upon passage. 10
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO GENERAL ASSEMBLY -- RACIAL IMPACT ASSESSMENT ACT
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This act would require racial impact statements as to pending legislation and to provide an 1
analysis and other information necessary to prepare such statement, which is an assessment of the 2
potential impact of the legislation on historically disadvantaged racial populations as well as 3
retroactive relief. 4
This act would take effect upon passage. 5
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