House Concurrent Resolution 35

A CONCURRENT RESOLUTION TO CREATE NEW JOINT RULE NO. 41 TO PROVIDE A PROCEDURE FOR THE ISSUANCE OF A RACIAL AND ETHNIC DISPARITY IMPACT STATEMENT FOR EVERY BILL, CONCURRENT RESOLUTION AND AMENDMENT WHICH PROPOSES A CHANGE IN THE LAW THAT CREATES A PUBLIC OFFENSE.

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, THE SENATE CONCURRING THEREIN, That a new Joint Rule No. 41 is created to read as follows:

41. When a bill, concurrent resolution, or amendment proposes a change in the law that 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, the purpose or effect of which is to impact the racial and ethnic population of the state, either directly or indirectly, a brief explanatory statement which shall include a reliable estimate of the anticipated impact towards the racial and ethnic population of the state shall be attached to it at the time that it is being reported by any committee of either House of the Legislature.

These statements or notes shall be known as racial and ethnic disparity impact statements. They shall be attached to the original of each proposed bill or resolution but shall be separate therefrom, shall be clearly designated as an impact statement, and shall not constitute a part of the law proposed by the bill or resolution. The author of each bill or any committee considering the same shall present a copy of the bill or resolution, with his or her request for an impact statement, to either the state agency with which the bill or resolution is concerned, the state agency having jurisdiction over the subject of the bill or resolution, the Department of Public Safety's Office of Public Safety Planning, the Joint Committee on Performance Evaluation and Expenditure Review, or the Legislative Reference Bureau.

The impact statement shall be prepared by the Department of Public Safety's Office of Public Safety Planning and furnished to the author of the bill or committee considering same within seven (7) days after the request is made. If the author of, or committee considering, the bill disagrees with the findings of the impact statement, then the author or committee may also attach and furnish an impact statement, based upon his or her or its information, research, study and belief which shall then be incorporated in and become a part of the impact statement.

If the appropriate agency does not furnish an impact statement, after seven (7) days' request, then the author or committee may furnish the impact statement, based upon his or her or its information, research, study and belief. If, after careful investigation, it is determined that no impact estimate is possible, the statement shall contain a statement to that effect, setting forth the reasons why no impact estimate can be given.

No comment or opinion shall be included in the impact statement with regard to the merit, or lack thereof, of the measure for which the statement is prepared. Whenever the author of any measure or the committee considering same is of the opinion that no impact statement is necessary and the measure is considered by either House of the Legislature without an impact statement, any Mississippi Legislature member of either House may thereafter request an impact statement be obtained, and in such case the matter shall be decided by majority vote of those present and voting in the house of which he or she is a member.

This rule shall not apply to general appropriation bills, conference reports and local and private bills.