2025 -- H 6287 | |
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LC002657 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2025 | |
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A N A C T | |
RELATING TO GENERAL ASSEMBLY -- THE EQUITY IMPACT STATEMENT AND | |
BUDGET EQUITY IMPACT ACT | |
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Introduced By: Representatives Morales, Felix, and Batista | |
Date Introduced: April 30, 2025 | |
Referred To: House State Government & Elections | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Legislative findings and purpose. |
2 | (1) Persistent, widespread, and unacceptable disparities exist in Rhode Island for |
3 | individuals and families due to structural inequities and past discrimination. Such disparities |
4 | include the racial wealth gap, the gender pay gap, and incarceration policies that have |
5 | disproportionately impacted communities of color. |
6 | (2) Rhode Island has already enacted legislation prohibiting discrimination based on race, |
7 | color, ethnicity, religion, sex, sexual orientation, gender identity or expression, disability, age, or |
8 | country of ancestral origin, including in employment and housing matters. |
9 | (3) Discrimination and inequities based on these classifications is inconsistent with the |
10 | protections outlined in the State constitution and Rhode Island legislation. These inequities affect |
11 | the quality of life, access to services, access to safe and affordable housing, and access to capital, |
12 | as well as educational and economic attainment for some Rhode Island populations differently than |
13 | for others. |
14 | (4) For the most part, legislation in Rhode Island has been implemented without attention |
15 | to disparities and equity. Some of this legislation has had disparate impacts on some of our |
16 | communities. Because some legislation might have unanticipated negative impacts, it is important |
17 | that legislators, when hearing and considering proposed legislation, have tools to understand the |
18 | likely effects of such legislation on existing disparities. |
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1 | (5) Equity Impact Statements can serve as a tool to inform legislators of potential |
2 | consequences of policies that may have a disproportionate impact on historically disadvantaged |
3 | populations prior to enacting new legislation, thus assuring that the general assembly takes each |
4 | opportunity available to increase equity and decrease disparities. |
5 | (6) Beginning in 2007, some states, including Connecticut and Massachusetts, began |
6 | implementing racial impact statements to address racial disparities in their criminal justice systems. |
7 | In 2019, Maine created a permanent commission to address historic and pervasive racial inequity |
8 | in legislation. This act aims to build on that foundation here in Rhode Island, proposing the |
9 | inclusion of a new legislative tool, a broad Equity Impact Statement accounting for race, color, |
10 | ethnicity, religion, sex, sexual orientation, gender identity or expression, disability, age, or country |
11 | of ancestral origin. |
12 | (7) It is therefore the desire of the General Assembly to address the impacts of our |
13 | legislation moving forward, and to do so with attention to equity and the impact our legislation will |
14 | have on our diverse and varied communities. This chapter aims to add equity impact statements |
15 | into the legislative process to contribute to the development of sound and fair policies. |
16 | SECTION 2. Title 22 of the General Laws entitled "GENERAL ASSEMBLY" is hereby |
17 | amended by adding thereto the following chapter: |
18 | CHAPTER 20 |
19 | THE EQUITY IMPACT STATEMENT AND BUDGET EQUITY IMPACT ACT |
20 | 22-20-1. Short title. |
21 | This chapter shall be known and may be cited as the "Equity Impact Statement and Budget |
22 | Equity Impact Act". |
23 | 22-20-2. Definitions. |
24 | As used in this chapter, the following words and phrases shall have the following meanings: |
25 | (1) “Disparities” means economic, employment, health, education, public safety, and other |
26 | differences between the state population as a whole and subgroups of the population as defined by |
27 | race, color, ethnicity, religion, sex, sexual orientation, gender identity or expression, disability, age, |
28 | and/or country of ancestral origin. |
29 | (2) “Equity” means providing access and opportunities for all Rhode Island residents by |
30 | ensuring that policies, programs, and the state budget correct historic disparities. |
31 | (3) “Equity impact statement” means documents intended to help legislators evaluate |
32 | whether a public bill is likely to increase equity, decrease equity, or have no impact on equity, with |
33 | equity considered in terms of one or more of the following categories: race, color, ethnicity, |
34 | religion, sex, sexual orientation, gender identity or expression, disability, age, and/or country of |
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1 | ancestral origin. |
2 | (4) “State agency” means a state department, agency, office, or board of the state or any |
3 | agency, office, or board of a quasi-public agency of the state. |
4 | 22-20-3. Pilot study of equity impact statements. |
5 | (a) During the pilot study, beginning with the January 2026 general assembly session and |
6 | ending in December 2028, equity impact statements may be requested for up to twenty (20) pieces |
7 | of proposed legislation: |
8 | (1) The speaker of the house may request equity impact statements for up to five (5) pieces |
9 | of proposed legislation in the house; |
10 | (2) The president of the senate may request equity impact assessment statements for up to |
11 | five (5) pieces of proposed legislation in the senate; and |
12 | (3) The Rhode Island Black, Latino, Indigenous, Asian-American and Pacific Islander |
13 | Caucus (RIBLIA) may request equity impact statements for up to five (5) pieces of proposed |
14 | legislation in the house and up to five (5) pieces of proposed legislation in the senate. |
15 | (b) The request for an equity impact statement shall identify which one or more of the |
16 | following categories should be considered: race, color, ethnicity, religion, sex, sexual orientation, |
17 | gender identity or expression, disability, age, and/or country of ancestral origin. |
18 | 22-20-4. Responsibility to complete equity impact statements. |
19 | (a) Requests for equity impact statements shall be sent to the commission on health |
20 | advocacy & equity (CHAE). The CHAE shall coordinate with whichever state agency or agencies |
21 | possess subject matter expertise proposed legislation. The CHAE shall be responsible for |
22 | completing equity impact statements. |
23 | (b) At the request of the CHAE, all state agencies shall furnish such advice and information, |
24 | documentary and otherwise, to said commission and its agents as is deemed necessary or desirable |
25 | by the CHAE to facilitate the purposes of this section. |
26 | (c) The CHAE assigned to complete an equity impact statement may seek expertise or |
27 | assistance from to provide information or otherwise help produce equity impact statements. |
28 | (d) The legislative council shall coordinate with the CHAE and oversee the formatting of |
29 | equity impact statements and attach statements to the corresponding bills. |
30 | (e) Equity impact statements shall be made available to the public at the time that bills are |
31 | posted for hearing in committees to ensure that the public and legislators have the information |
32 | available in advance to inform testimony and hearings. |
33 | (f) Equity impact statements shall be deemed public records under the provisions of chapter |
34 | 2 of title 38 (“access to public records”). |
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1 | 22-20-5. Content of Equity Impact Statements. |
2 | (a) Where possible, equity impact statements shall include data as to historical and/or |
3 | existing disparities and as to likely demographic impacts of proposed legislation; Such data could |
4 | include, for example, differential healthcare outcomes, graduation rates, incarceration rates, or |
5 | siting of pollution-producing businesses. |
6 | (b) Where possible, equity impact statements must include data as to historical and/or |
7 | existing economic disparities and as to likely fiscal and/or economic impacts of proposed |
8 | legislation; such data could include, for example, differential support for minority-owned |
9 | businesses or for businesses owned by individuals with disabilities. |
10 | (c) For any particular protected category, the statement should include a conclusion as to |
11 | whether the proposed legislation is likely to increase equity, likely to decrease equity, or likely to |
12 | have no effect on equity. |
13 | 22-20-6. Responsibility to complete pilot study of equity impact statements. |
14 | The CHAE shall be empowered to: |
15 | (1) Oversee a pilot study of equity impact statements as established in § 22-20-3. |
16 | (2) Conduct an evaluation of the pilot study of equity impact statements including, but not |
17 | limited to, a survey or other method of assessing the extent to which legislators took equity and |
18 | disparities into account prior to the pilot study and took equity and disparities into account |
19 | following the pilot study. |
20 | (3) Have the authority to conduct hearings and interviews and receive testimony regarding |
21 | matters pertinent to its purpose. |
22 | (4) Issue a report with recommendations to speaker of the house, the president of the senate, |
23 | and the general assembly as to which processes and tools would enable policymakers to avoid |
24 | creating or continuing, even unintentionally, disparities resulting from enacted legislation. |
25 | SECTION 3. Sections 35-3-3 and 35-3-4 of the General Laws in Chapter 35-3 entitled |
26 | "State Budget" are hereby amended to read as follows: |
27 | 35-3-3. Responsibility of budget officer for budget. |
28 | (a) The budget officer shall, under the supervision of the governor, prepare the annual state |
29 | budget, assembling, correlating, and revising the estimates of revenues and requests for |
30 | appropriations of the various departments of the state government. |
31 | (b) The budget officer shall, under the supervision of the governor, include in the annual |
32 | state budget an explanation of the manner in which provisions of the budget further the governor's |
33 | efforts to ensure equity in the state. For purposes of this section, "equity" means efforts, regulations, |
34 | policies, programs, standards, processes and any other functions of government or principles of law |
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1 | and governance intended to: identify and remedy past and present patterns of discrimination or |
2 | inequality against and disparities in outcome for any class protected in §28-5-7(1)(i); ensure that |
3 | such patterns of discrimination, inequality and disparities in outcome, whether intentional or |
4 | unintentional, are neither reinforced nor perpetuated; and prevent the emergence and persistence of |
5 | foreseeable future patterns of discrimination against, or disparities in, outcome for any class |
6 | protected in § 28-5-7(1)(i). |
7 | 35-3-4. Estimates submitted by department heads. |
8 | (a) On dates determined by the budget officer, but not later than the first day of October in |
9 | each year, each head of a department of the state government, not including the general assembly |
10 | or the judiciary, shall assemble, correlate, and revise, with power to increase or decrease, the |
11 | estimates for expenditures and requests for appropriations for the next ensuing fiscal year of each |
12 | of the divisions, boards, commissions, officers, bureaus, institutions, or agencies of the state |
13 | included within his or her department, and, after this revision, shall prepare an itemized |
14 | departmental estimate of the appropriations necessary to meet the financial needs of the department, |
15 | including a statement in detail of all moneys for which any general or special appropriation is |
16 | desired at the ensuing session of the general assembly. The estimate shall be in such form, and in |
17 | such number of copies, and with such explanation as the budget officer may require, and, on dates |
18 | determined by the budget officer, but not later than the first day of October in each year, shall be |
19 | submitted to the governor through the budget officer and to the fiscal advisors of the house and |
20 | senate. |
21 | (b) The estimates shall also include a supplemental presentation of estimates of |
22 | expenditures for information resources and information technologies as defined in § 29-8-2 |
23 | [repealed], regardless of source of financing. The estimate shall include a detailed listing and |
24 | explanation of expenses and the source of funds and shall be in such form, and in such number of |
25 | copies, and with such explanation as the budget officer may require. Copies shall be provided |
26 | directly to the house fiscal advisor, the senate fiscal advisor, and the Rhode Island information |
27 | resources management board. |
28 | (c) The estimates shall also include a supplemental presentation identifying which |
29 | departmental programs and expenditures, ongoing or newly proposed, increase equity. For |
30 | purposes of this section, "equity" means efforts, regulations, policies, programs, standards, |
31 | processes and any other functions of government or principles of law and governance intended to: |
32 | identify and remedy past and present patterns of discrimination or inequality against and disparities |
33 | in outcome for any class protected in § 28-5-7(1)(i); ensure that such patterns of discrimination, |
34 | inequality and disparities in outcome, whether intentional or unintentional, are neither reinforced |
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1 | nor perpetuated; and prevent the emergence and persistence of foreseeable future patterns of |
2 | discrimination against or disparities in outcome for any class protected in § 28-5-7(1)(i). |
3 | SECTION 4. This act shall take effect on July 1, 2025. |
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LC002657 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO GENERAL ASSEMBLY -- THE EQUITY IMPACT STATEMENT AND | |
BUDGET EQUITY IMPACT ACT | |
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1 | This act would require statements as to whether a bill is likely to increase equity, decrease |
2 | equity or have no impact on equity to be included on up to twenty (20) pieces of legislation. Five |
3 | (5) pieces requested by the speaker, five (5) pieces requested by senate president and five (5) pieces |
4 | in each chamber to be requested by the Rhode Island Black, Latino, Indigenous, Asian-American |
5 | and Pacific Islander Caucus. The act would also require such equity impact statements in the state |
6 | budget. |
7 | This act would take effect on July 1, 2025. |
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LC002657 | |
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