Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0636 Compare Versions

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

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5	5	2023 -- S 0636
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7	7	LC001967
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO GENERAL ASSEMBLY -- RACIAL IMPACT ASSESSMENT AC T
16	16	Introduced By: Senators Mack, Britto, Euer, Kallman, Lauria, and Bell
17	17	Date Introduced: March 07, 2023
18	18	Referred To: Senate Judiciary
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21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Title 22 of the General Laws entitled "GENERAL ASSEMBLY" is hereby 1
23	23	amended by adding thereto the following chapter: 2
24	24	CHAPTER 20 3
25	25	RACIAL IMPACT ASSESSMENT ACT 4
26	26	22-20-1. Short title. 5
27	27	This chapter shall be known and may be cited as the "Racial Impact Assessment Act". 6
28	28	22-20-2. Legislative purpose. 7
29	29	(a) The general assembly recognizes that criminal justice policies adopted by state 8
30	30	legislation has disproportionally impacted communities of color across our country and within the 9
31	31	State of Rhode Island. This disproportional impact has led to poor health outcomes, low educational 10
32	32	attainment and low socioeconomic levels in those communities. In turn, it has exacerbated 11
33	33	increased rates of incarceration, increased public health risk and increased involvement with state 12
34	34	agencies and monitoring resulting in disenfranchisement and distrust of systems and government. 13
35	35	(b) Starting in 2007 and 2008, a handful of states, including Connecticut and 14
36	36	Massachusetts, began implementing racial impact statements to address racial disparities in their 15
37	37	criminal justice systems. This chapter aims to build on that foundation proposing the establishment 16
38	38	of a new legislative tool within this state to address racial impacts of legislation. A racial impact 17
39	39	assessment shall be used to improve the general assembly’s ability to ensure racial equity and to 18
40	40	avoid perpetuating disparities. 19
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44	44	(c) This chapter aims to add racial impact statements into the legislative process to 1
45	45	contribute to the development of sound and fair policy. Racial impact statements will inform 2
46	46	legislators of potential consequences of policies that may have a disproportionate impact on 3
47	47	historically disadvantaged populations prior to enacting new legislation. Racial impact statements 4
48	48	will provide policy makers with data to ensure that when the opportunities are available, they are 5
49	49	informed to take steps to reverse trends that have disadvantaged individuals and communities with 6
50	50	an understanding of potential impacts, positive or negative. 7
51	51	22-20-3. Definitions. 8
52	52	As used in this chapter, the following words and phrases shall have the following meanings: 9
53	53	(1) “Legislative committee” means a joint standing committee of the general assembly, a 10
54	54	joint-select committee of the general assembly, a task force, any committee established by the 11
55	55	general assembly and composed wholly or in part of legislators for the purpose of conducting 12
56	56	legislative business. 13
57	57	(2) “Racial impact statement” means an assessment of the potential impact that legislation 14
58	58	could have on historically disadvantaged racial populations. 15
59	59	(3) “State agency” means a state department, agency, office or board of the state or any 16
60	60	agency, office or board of a quasi-public agency of the state. 17
61	61	22-20-4. Committee to oversee racial impact statement reports. 18
62	62	The general assembly shall form a committee to oversee the racial impact statement 19
63	63	reports. The committee shall be made up of each chair of each standing legislative committee, the 20
64	64	speaker of the house, or designee, and the president of the senate, or designee. The committee shall 21
65	65	be provided office space on state property and shall serve as the central office of the racial impact 22
66	66	committee and its members. 23
67	67	22-20-5. Racial impact statement information. 24
68	68	Upon request of a legislative committee, or a director of a state agency, or designee, the 25
69	69	committee or director shall provide to that legislative committee, data, analysis and other 26
70	70	information necessary to prepare a racial impact statement for legislation before that committee or 27
71	71	legislation being prepared by that legislative committee. All such information shall be prepared in 28
72	72	a timely manner. Racial impact information shall include, but not be limited to: 29
73	73	(1) Information regarding what has been done in other states to accomplish the 30
74	74	development and use of racial impact statements and how to avoid disparities; 31
75	75	(2) What data, analysis or other information is needed to produce a racial impact statement 32
76	76	and the best source of that data and other information; 33
77	77	(3) Specific policy areas that would benefit from the use of racial impact statements, 34
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81	81	including education, health care, employment and criminal justice; 1
82	82	(4) The costs of implementing the use of racial impact statements, either on a limited basis, 2
83	83	such as for certain committees or for all joint standing committees and all legislation; and 3
84	84	(5) All other relevant considerations that the racial impact committee deems appropriate. 4
85	85	22-20-6. Goals of racial impact statements. 5
86	86	(a) Based on the prevention principle, the development of racial impact statements aim to 6
87	87	reduce the need to correct statutes after the fact and prevents harm, informs of potential harm or 7
88	88	disproportionate impact, to specific demographics during the legislative process. 8
89	89	(b) A racial impact statement shall be an impartial, simple and understandable statement 9
90	90	for which data is currently available within the impacted agencies. The statement, which may be 10
91	91	incorporated into a fiscal note for the legislation, will include: 11
92	92	(1) A breakdown of overall racial composition of individuals impacted by the legislation 12
93	93	in tables or charts for ease of understanding; 13
94	94	(2) A brief narrative about the population of people, demographically, that will be 14
95	95	impacted; 15
96	96	(3) A summary of past disparities and any existing efforts to address them; and 16
97	97	(4) The promulgation and adoption of retroactive relief to Black Rhode Islanders and other 17
98	98	historically disadvantaged racial populations who have been harmed by prior racially motivated 18
99	99	criminal justice legislation. 19
100	100	22-20-7. Parameters for statements. 20
101	101	(a) The sponsor of the legislation or the chair of the committee to which the legislation is 21
102	102	assigned shall request a racial impact statement to be prepared by the house fiscal office or the 22
103	103	agency that will be administering the legislation. Racial impact statements are required when 23
104	104	proposed legislation pertains to individuals impacted by the criminal justice system in expenditures 24
105	105	of grants and resources. 25
106	106	(b) Collaboration between agencies and the house fiscal office is encouraged to minimize 26
107	107	any reporting burdens. 27
108	108	(c) Racial impact statements shall be made available to the public at the time that bills are 28
109	109	posted for hearing in committees to ensure that the public and legislators have the information 29
110	110	available to inform testimony and hearings. Racial impact statements shall be deemed public 30
111	111	records under the provisions of chapter 2 of title 38. 31
112	112	22-20-8. Reports. 32
113	113	By December 31 of each year, the chairs of each standing committee shall provide a report 33
114	114	to the speaker of the house and senate president. The report shall include: 34
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118	118	(1) The number of pieces of legislation and the types of legislation for which racial impact 1
119	119	statements were requested and used; 2
120	120	(2) The manner in which the racial impact statements were obtained or developed; 3
121	121	(3) The amount of time, both as an average and individually, needed to develop each racial 4
122	122	impact statement; 5
123	123	(4) The cost, if any, of each racial impact statement provided to the standing committees; 6
124	124	and 7
125	125	(5) An analysis from the chair of each standing committee as to the usefulness of the impact 8
126	126	statements. 9
127	127	SECTION 2. This act shall take effect upon passage. 10
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134	134	EXPLANATION
135	135	BY THE LEGISLATIVE COUNCIL
136	136	OF
137	137	A N A C T
138	138	RELATING TO GENERAL ASSEMBLY -- RACIAL IMPACT ASSESSMENT ACT
139	139	***
140	140	This act would require racial impact statements as to pending legislation and to provide an 1
141	141	analysis and other information necessary to prepare such statement, which is an assessment of the 2
142	142	potential impact of the legislation on historically disadvantaged racial populations as well as 3
143	143	retroactive relief. 4
144	144	This act would take effect upon passage. 5
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