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5 | 5 | | 2025 -- H 6287 |
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6 | 6 | | ======== |
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7 | 7 | | LC002657 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO GENERAL ASSEMBLY -- THE EQUITY IMPACT STATEMENT AND |
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16 | 16 | | BUDGET EQUITY IMPACT ACT |
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17 | 17 | | Introduced By: Representatives Morales, Felix, and Batista |
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18 | 18 | | Date Introduced: April 30, 2025 |
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19 | 19 | | Referred To: House State Government & Elections |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | SECTION 1. Legislative findings and purpose. 1 |
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24 | 24 | | (1) Persistent, widespread, and unacceptable disparities exist in Rhode Island for 2 |
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25 | 25 | | individuals and families due to structural inequities and past discrimination. Such disparities 3 |
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26 | 26 | | include the racial wealth gap, the gender pay gap, and incarceration policies that have 4 |
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27 | 27 | | disproportionately impacted communities of color. 5 |
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28 | 28 | | (2) Rhode Island has already enacted legislation prohibiting discrimination based on race, 6 |
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29 | 29 | | color, ethnicity, religion, sex, sexual orientation, gender identity or expression, disability, age, or 7 |
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30 | 30 | | country of ancestral origin, including in employment and housing matters. 8 |
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31 | 31 | | (3) Discrimination and inequities based on these classifications is inconsistent with the 9 |
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32 | 32 | | protections outlined in the State constitution and Rhode Island legislation. These inequities affect 10 |
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33 | 33 | | the quality of life, access to services, access to safe and affordable housing, and access to capital, 11 |
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34 | 34 | | as well as educational and economic attainment for some Rhode Island populations differently than 12 |
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35 | 35 | | for others. 13 |
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36 | 36 | | (4) For the most part, legislation in Rhode Island has been implemented without attention 14 |
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37 | 37 | | to disparities and equity. Some of this legislation has had disparate impacts on some of our 15 |
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38 | 38 | | communities. Because some legislation might have unanticipated negative impacts, it is important 16 |
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39 | 39 | | that legislators, when hearing and considering proposed legislation, have tools to understand the 17 |
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40 | 40 | | likely effects of such legislation on existing disparities. 18 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC002657 - Page 2 of 7 |
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44 | 44 | | (5) Equity Impact Statements can serve as a tool to inform legislators of potential 1 |
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45 | 45 | | consequences of policies that may have a disproportionate impact on historically disadvantaged 2 |
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46 | 46 | | populations prior to enacting new legislation, thus assuring that the general assembly takes each 3 |
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47 | 47 | | opportunity available to increase equity and decrease disparities. 4 |
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48 | 48 | | (6) Beginning in 2007, some states, including Connecticut and Massachusetts, began 5 |
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49 | 49 | | implementing racial impact statements to address racial disparities in their criminal justice systems. 6 |
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50 | 50 | | In 2019, Maine created a permanent commission to address historic and pervasive racial inequity 7 |
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51 | 51 | | in legislation. This act aims to build on that foundation here in Rhode Island, proposing the 8 |
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52 | 52 | | inclusion of a new legislative tool, a broad Equity Impact Statement accounting for race, color, 9 |
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53 | 53 | | ethnicity, religion, sex, sexual orientation, gender identity or expression, disability, age, or country 10 |
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54 | 54 | | of ancestral origin. 11 |
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55 | 55 | | (7) It is therefore the desire of the General Assembly to address the impacts of our 12 |
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56 | 56 | | legislation moving forward, and to do so with attention to equity and the impact our legislation will 13 |
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57 | 57 | | have on our diverse and varied communities. This chapter aims to add equity impact statements 14 |
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58 | 58 | | into the legislative process to contribute to the development of sound and fair policies. 15 |
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59 | 59 | | SECTION 2. Title 22 of the General Laws entitled "GENERAL ASSEMBLY" is hereby 16 |
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60 | 60 | | amended by adding thereto the following chapter: 17 |
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61 | 61 | | CHAPTER 20 18 |
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62 | 62 | | THE EQUITY IMPACT STATEMENT AND BUDGET EQUITY IMPACT ACT 19 |
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63 | 63 | | 22-20-1. Short title. 20 |
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64 | 64 | | This chapter shall be known and may be cited as the "Equity Impact Statement and Budget 21 |
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65 | 65 | | Equity Impact Act". 22 |
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66 | 66 | | 22-20-2. Definitions. 23 |
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67 | 67 | | As used in this chapter, the following words and phrases shall have the following meanings: 24 |
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68 | 68 | | (1) “Disparities” means economic, employment, health, education, public safety, and other 25 |
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69 | 69 | | differences between the state population as a whole and subgroups of the population as defined by 26 |
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70 | 70 | | race, color, ethnicity, religion, sex, sexual orientation, gender identity or expression, disability, age, 27 |
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71 | 71 | | and/or country of ancestral origin. 28 |
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72 | 72 | | (2) “Equity” means providing access and opportunities for all Rhode Island residents by 29 |
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73 | 73 | | ensuring that policies, programs, and the state budget correct historic disparities. 30 |
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74 | 74 | | (3) “Equity impact statement” means documents intended to help legislators evaluate 31 |
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75 | 75 | | whether a public bill is likely to increase equity, decrease equity, or have no impact on equity, with 32 |
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76 | 76 | | equity considered in terms of one or more of the following categories: race, color, ethnicity, 33 |
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77 | 77 | | religion, sex, sexual orientation, gender identity or expression, disability, age, and/or country of 34 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LC002657 - Page 3 of 7 |
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81 | 81 | | ancestral origin. 1 |
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82 | 82 | | (4) “State agency” means a state department, agency, office, or board of the state or any 2 |
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83 | 83 | | agency, office, or board of a quasi-public agency of the state. 3 |
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84 | 84 | | 22-20-3. Pilot study of equity impact statements. 4 |
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85 | 85 | | (a) During the pilot study, beginning with the January 2026 general assembly session and 5 |
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86 | 86 | | ending in December 2028, equity impact statements may be requested for up to twenty (20) pieces 6 |
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87 | 87 | | of proposed legislation: 7 |
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88 | 88 | | (1) The speaker of the house may request equity impact statements for up to five (5) pieces 8 |
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89 | 89 | | of proposed legislation in the house; 9 |
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90 | 90 | | (2) The president of the senate may request equity impact assessment statements for up to 10 |
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91 | 91 | | five (5) pieces of proposed legislation in the senate; and 11 |
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92 | 92 | | (3) The Rhode Island Black, Latino, Indigenous, Asian-American and Pacific Islander 12 |
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93 | 93 | | Caucus (RIBLIA) may request equity impact statements for up to five (5) pieces of proposed 13 |
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94 | 94 | | legislation in the house and up to five (5) pieces of proposed legislation in the senate. 14 |
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95 | 95 | | (b) The request for an equity impact statement shall identify which one or more of the 15 |
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96 | 96 | | following categories should be considered: race, color, ethnicity, religion, sex, sexual orientation, 16 |
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97 | 97 | | gender identity or expression, disability, age, and/or country of ancestral origin. 17 |
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98 | 98 | | 22-20-4. Responsibility to complete equity impact statements. 18 |
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99 | 99 | | (a) Requests for equity impact statements shall be sent to the commission on health 19 |
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100 | 100 | | advocacy & equity (CHAE). The CHAE shall coordinate with whichever state agency or agencies 20 |
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101 | 101 | | possess subject matter expertise proposed legislation. The CHAE shall be responsible for 21 |
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102 | 102 | | completing equity impact statements. 22 |
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103 | 103 | | (b) At the request of the CHAE, all state agencies shall furnish such advice and information, 23 |
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104 | 104 | | documentary and otherwise, to said commission and its agents as is deemed necessary or desirable 24 |
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105 | 105 | | by the CHAE to facilitate the purposes of this section. 25 |
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106 | 106 | | (c) The CHAE assigned to complete an equity impact statement may seek expertise or 26 |
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107 | 107 | | assistance from to provide information or otherwise help produce equity impact statements. 27 |
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108 | 108 | | (d) The legislative council shall coordinate with the CHAE and oversee the formatting of 28 |
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109 | 109 | | equity impact statements and attach statements to the corresponding bills. 29 |
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110 | 110 | | (e) Equity impact statements shall be made available to the public at the time that bills are 30 |
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111 | 111 | | posted for hearing in committees to ensure that the public and legislators have the information 31 |
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112 | 112 | | available in advance to inform testimony and hearings. 32 |
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113 | 113 | | (f) Equity impact statements shall be deemed public records under the provisions of chapter 33 |
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114 | 114 | | 2 of title 38 (“access to public records”). 34 |
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115 | 115 | | |
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116 | 116 | | |
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117 | 117 | | LC002657 - Page 4 of 7 |
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118 | 118 | | 22-20-5. Content of Equity Impact Statements. 1 |
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119 | 119 | | (a) Where possible, equity impact statements shall include data as to historical and/or 2 |
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120 | 120 | | existing disparities and as to likely demographic impacts of proposed legislation; Such data could 3 |
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121 | 121 | | include, for example, differential healthcare outcomes, graduation rates, incarceration rates, or 4 |
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122 | 122 | | siting of pollution-producing businesses. 5 |
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123 | 123 | | (b) Where possible, equity impact statements must include data as to historical and/or 6 |
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124 | 124 | | existing economic disparities and as to likely fiscal and/or economic impacts of proposed 7 |
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125 | 125 | | legislation; such data could include, for example, differential support for minority-owned 8 |
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126 | 126 | | businesses or for businesses owned by individuals with disabilities. 9 |
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127 | 127 | | (c) For any particular protected category, the statement should include a conclusion as to 10 |
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128 | 128 | | whether the proposed legislation is likely to increase equity, likely to decrease equity, or likely to 11 |
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129 | 129 | | have no effect on equity. 12 |
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130 | 130 | | 22-20-6. Responsibility to complete pilot study of equity impact statements. 13 |
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131 | 131 | | The CHAE shall be empowered to: 14 |
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132 | 132 | | (1) Oversee a pilot study of equity impact statements as established in § 22-20-3. 15 |
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133 | 133 | | (2) Conduct an evaluation of the pilot study of equity impact statements including, but not 16 |
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134 | 134 | | limited to, a survey or other method of assessing the extent to which legislators took equity and 17 |
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135 | 135 | | disparities into account prior to the pilot study and took equity and disparities into account 18 |
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136 | 136 | | following the pilot study. 19 |
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137 | 137 | | (3) Have the authority to conduct hearings and interviews and receive testimony regarding 20 |
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138 | 138 | | matters pertinent to its purpose. 21 |
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139 | 139 | | (4) Issue a report with recommendations to speaker of the house, the president of the senate, 22 |
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140 | 140 | | and the general assembly as to which processes and tools would enable policymakers to avoid 23 |
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141 | 141 | | creating or continuing, even unintentionally, disparities resulting from enacted legislation. 24 |
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142 | 142 | | SECTION 3. Sections 35-3-3 and 35-3-4 of the General Laws in Chapter 35-3 entitled 25 |
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143 | 143 | | "State Budget" are hereby amended to read as follows: 26 |
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144 | 144 | | 35-3-3. Responsibility of budget officer for budget. 27 |
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145 | 145 | | (a) The budget officer shall, under the supervision of the governor, prepare the annual state 28 |
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146 | 146 | | budget, assembling, correlating, and revising the estimates of revenues and requests for 29 |
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147 | 147 | | appropriations of the various departments of the state government. 30 |
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148 | 148 | | (b) The budget officer shall, under the supervision of the governor, include in the annual 31 |
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149 | 149 | | state budget an explanation of the manner in which provisions of the budget further the governor's 32 |
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150 | 150 | | efforts to ensure equity in the state. For purposes of this section, "equity" means efforts, regulations, 33 |
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151 | 151 | | policies, programs, standards, processes and any other functions of government or principles of law 34 |
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152 | 152 | | |
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153 | 153 | | |
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154 | 154 | | LC002657 - Page 5 of 7 |
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155 | 155 | | and governance intended to: identify and remedy past and present patterns of discrimination or 1 |
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156 | 156 | | inequality against and disparities in outcome for any class protected in §28-5-7(1)(i); ensure that 2 |
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157 | 157 | | such patterns of discrimination, inequality and disparities in outcome, whether intentional or 3 |
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158 | 158 | | unintentional, are neither reinforced nor perpetuated; and prevent the emergence and persistence of 4 |
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159 | 159 | | foreseeable future patterns of discrimination against, or disparities in, outcome for any class 5 |
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160 | 160 | | protected in § 28-5-7(1)(i). 6 |
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161 | 161 | | 35-3-4. Estimates submitted by department heads. 7 |
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162 | 162 | | (a) On dates determined by the budget officer, but not later than the first day of October in 8 |
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163 | 163 | | each year, each head of a department of the state government, not including the general assembly 9 |
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164 | 164 | | or the judiciary, shall assemble, correlate, and revise, with power to increase or decrease, the 10 |
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165 | 165 | | estimates for expenditures and requests for appropriations for the next ensuing fiscal year of each 11 |
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166 | 166 | | of the divisions, boards, commissions, officers, bureaus, institutions, or agencies of the state 12 |
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167 | 167 | | included within his or her department, and, after this revision, shall prepare an itemized 13 |
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168 | 168 | | departmental estimate of the appropriations necessary to meet the financial needs of the department, 14 |
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169 | 169 | | including a statement in detail of all moneys for which any general or special appropriation is 15 |
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170 | 170 | | desired at the ensuing session of the general assembly. The estimate shall be in such form, and in 16 |
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171 | 171 | | such number of copies, and with such explanation as the budget officer may require, and, on dates 17 |
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172 | 172 | | determined by the budget officer, but not later than the first day of October in each year, shall be 18 |
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173 | 173 | | submitted to the governor through the budget officer and to the fiscal advisors of the house and 19 |
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174 | 174 | | senate. 20 |
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175 | 175 | | (b) The estimates shall also include a supplemental presentation of estimates of 21 |
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176 | 176 | | expenditures for information resources and information technologies as defined in § 29-8-2 22 |
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177 | 177 | | [repealed], regardless of source of financing. The estimate shall include a detailed listing and 23 |
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178 | 178 | | explanation of expenses and the source of funds and shall be in such form, and in such number of 24 |
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179 | 179 | | copies, and with such explanation as the budget officer may require. Copies shall be provided 25 |
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180 | 180 | | directly to the house fiscal advisor, the senate fiscal advisor, and the Rhode Island information 26 |
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181 | 181 | | resources management board. 27 |
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182 | 182 | | (c) The estimates shall also include a supplemental presentation identifying which 28 |
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183 | 183 | | departmental programs and expenditures, ongoing or newly proposed, increase equity. For 29 |
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184 | 184 | | purposes of this section, "equity" means efforts, regulations, policies, programs, standards, 30 |
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185 | 185 | | processes and any other functions of government or principles of law and governance intended to: 31 |
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186 | 186 | | identify and remedy past and present patterns of discrimination or inequality against and disparities 32 |
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187 | 187 | | in outcome for any class protected in § 28-5-7(1)(i); ensure that such patterns of discrimination, 33 |
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188 | 188 | | inequality and disparities in outcome, whether intentional or unintentional, are neither reinforced 34 |
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189 | 189 | | |
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190 | 190 | | |
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191 | 191 | | LC002657 - Page 6 of 7 |
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192 | 192 | | nor perpetuated; and prevent the emergence and persistence of foreseeable future patterns of 1 |
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193 | 193 | | discrimination against or disparities in outcome for any class protected in § 28-5-7(1)(i). 2 |
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194 | 194 | | SECTION 4. This act shall take effect on July 1, 2025. 3 |
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196 | 196 | | LC002657 |
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199 | 199 | | |
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200 | 200 | | LC002657 - Page 7 of 7 |
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201 | 201 | | EXPLANATION |
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202 | 202 | | BY THE LEGISLATIVE COUNCIL |
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203 | 203 | | OF |
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204 | 204 | | A N A C T |
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205 | 205 | | RELATING TO GENERAL ASSEMBLY -- THE EQUITY IMPACT STATEMENT AND |
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206 | 206 | | BUDGET EQUITY IMPACT ACT |
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207 | 207 | | *** |
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208 | 208 | | This act would require statements as to whether a bill is likely to increase equity, decrease 1 |
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209 | 209 | | equity or have no impact on equity to be included on up to twenty (20) pieces of legislation. Five 2 |
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210 | 210 | | (5) pieces requested by the speaker, five (5) pieces requested by senate president and five (5) pieces 3 |
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211 | 211 | | in each chamber to be requested by the Rhode Island Black, Latino, Indigenous, Asian-American 4 |
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212 | 212 | | and Pacific Islander Caucus. The act would also require such equity impact statements in the state 5 |
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213 | 213 | | budget. 6 |
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214 | 214 | | This act would take effect on July 1, 2025. 7 |
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216 | 216 | | LC002657 |
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