House Resolution 23

A RESOLUTION TO CREATE NEW HOUSE RULE NO. 104C TO PROVIDE A PROCEDURE FOR ISSUANCE OF RACIAL AND ETHNIC IMPACT STATEMENTS THAT EXAMINE HOW PROPOSED LEGISLATION WILL AFFECT CERTAIN POPULATIONS.

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, That a new House Rule No. 104C is created to read as follows:

104C. (1) Prior to debate on the floor of either house of the Legislature, a racial and ethnic impact statement shall be attached to any bill, concurrent resolution, or amendment which proposes a change in the law which creates a public offense, significantly changes an existing public offense or the penalty for an existing offense, or changes existing sentencing, parole, or probation procedures.

(2) The Department of Public Safety's Office of Public Safety Planning, in consultation with the Mississippi Department of Corrections, is authorized to prepare and provide the racial and ethnic impact statements described in this section. Upon request, any state agency shall provide information to the office for the purposes of preparing an impact statement. The office may adopt rules to carry out the provisions of this section.

(3) If a racial and ethnic impact statement described in this section is not attached to the bill, a member of the Mississippi Legislature may make a proper motion on the floor during debate of the proposed legislation. Upon approval of the request, the Office of Public Safety Planning shall prepare a racial and ethnic impact statement that describes the effects of proposed legislation on the racial and ethnic populations of the state.

(4) A racial and ethnic impact statement must be factual, impartial, simple and understandable and must include, for racial and ethnic groups for which data are available, the following:

(a) An estimate of how the proposed legislation would change the racial and ethnic composition of the criminal offender population;

(b) A statement of the methodologies and assumptions used in preparing the estimate; and

(c) An estimate of the racial and ethnic composition of the crime victims who may be affected by the proposed legislation.

(5) The following words shall have the following meaning, unless the context indicates otherwise:

(a) "Minority persons" includes women, individuals with disabilities, African Americans, Hispanics, Asians or Pacific Islanders, American Indians and Alaskan Natives.

(b) "State agency" means every state institution, board, commission, council, department or unit thereof created by the Mississippi Constitution or statutes.

(6) A state agency that awards grants shall require that each grant application include a racial and ethnic impact statement that must contain the following information:

(a) Any disproportionate or unique impact of proposed policies or programs on minority persons in this state;

(b) A rationale for the existence of policies or programs having a disproportionate or unique impact on minority persons in this state; and

(c) Evidence of consultation with representatives of minority persons in cases in which a proposed policy or program has a disproportionate or unique impact on minority persons in this state.

(7) The Department of Finance and Administration, in consultation with the Mississippi Department of Public Safety's Office of Public Safety Planning, shall create and distribute a racial and ethnic impact statement form for state agencies and shall ensure that the statement is included in applications for grants awarded by state agencies.

(8) The racial and ethnic impact statement shall be used for informational purposes.

(9) The requirements of this section apply only to grants awarded to corporations or other legal entities other than natural persons.