2021 -- H 6484

========

LC003107

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

____________

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- RACE, ETHNICITY AND

GENDER IMPACT STATEMENT ACT

     Introduced By: Representatives Cassar, Williams, Henries, Alzate, Morales, Kislak,
Barros, Felix, Kazarian, and Tanzi

     Date Introduced: June 29, 2021

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

GOVERNMENT" is hereby amended by adding thereto the following chapter:

CHAPTER 160

RACE, ETHNICITY AND GENDER IMPACT STATEMENT ACT

     42-160-1. Short title.

     This act shall be known as the "Race, Ethnicity and Gender Impact Statement Act."

     42-160-2. Findings.

     (1) Race, ethnicity and gender disparities in economic opportunity and wealth, health

outcomes, educational attainment, justice involvement and access to affordable, safe housing exist

in Rhode Island. While evidence is abundant, a few key findings make clear the need for deliberate

action to reverse historic injustice that has resulted in disadvantages for communities of color and

women.

     (2) Data from 2016-2020 from the department of children, youth and families; department

of education; and Rhode Island Kids Count demonstrate key racial and ethnic disparities:

     (i) Racial and ethnic disparities in the state show up in disproportionately high rates of

poverty among Black, Hispanic and Native American children at twenty-seven percent (27%),

thirty-three percent (33%) and fifty-five (55%), in contrast to the thirteen percent (13%) poverty

rate among white children.

     (ii) Racial and ethnic disparities in Rhode Island in lower rates of homeownership; thirty-

one percent (31%) for Blacks, twenty-eight percent (28%) for Hispanics, and twenty-two percent

(22%) for Native Americans as compared to sixty-five percent (65%) for Whites.

     (iii) Racial and ethnic disparities in Rhode Island exist in educational attainment with four

(4) year high school graduation rates at eighty percent (80%), seventy-six percent (76%) and sixty-

nine percent (69%) for Black, Hispanic and Native American students, while the rate is eighty-

eight percent (88%) for White students. Lack of educational attainment leads to lower likelihood

to pursue a college degree, which directly impacts economic attainment and employment rates.

     (iv) Black and Hispanic children are more likely than White and Asian children to live in

neighborhoods that lack the resources needed for them to grow up healthy and successful.

     (3) According to a 2017 report from the Economic Progress Institute of Rhode Island, "The

State of Black Families in Rhode Island" key indicators show that Black Rhode Islanders are being

left behind.

     (i) The Black unemployment rate is approximately double the White unemployment rate.

     (ii) The median Black wage is seventy-one percent (71%) of the median White wage.

     (iii) Black Rhode Islanders comprise a disproportionately large share of the department of

corrections population at thirty percent (30%) when Blacks make up five and three tenths percent

(5.3%) of the overall population.

     (4) According to the Women's Fund of Rhode Island Women's Well-being Index, there are

gender disparities in economic and educational attainment among other areas which means that

policy-making for programs regarding economic security, such as Rhode Island Works, childcare

expenditures and affordable housing have larger impacts, positive or negative, on women in the

state.

     (i) Homeownership rate for single women is the second lowest in the nation.

     (ii) Sixty percent (60%) of women in Rhode Island are food insecure and fourteen percent

(14%) of women live in poverty statewide.

     (iii) The ratio of women's to men's median earnings for full-time employment in 2018 was

eighty-four (84%) and sixty-four percent (64%) of women are working in low-wage jobs.

     42-160-3. Legislative purpose.

     (a) The general assembly recognizes that from criminal justice policies and housing

policies to social welfare and health care policies that state legislation has disproportionally

impacted women, Black, Latino, indigenous and other communities of color across our country and

within the state of Rhode Island. This disproportional impact has led to poor health outcomes, low

educational attainment and low socioeconomic levels. In turn it has exacerbated increased rates of

LC003107 - Page 2 of 5

incarceration, increased public health risk and increased involvement with state agencies and

monitoring resulting in disenfranchisement and distrust of systems and government.

     (b) Starting in 2007 and 2008, a handful of states, including Connecticut and

Massachusetts, began implementing racial impact statements to address racial disparities in their

criminal justice systems. This act aims to build on that foundation proposing the establishment of

a new legislative tool, a race, ethnicity and gender impact statement. A race, ethnicity and gender

impact statement will join fiscal notes and environmental impact statements as tools to inform

policy debate and improve the general assembly's ability to ensure racial and gender equity and to

avoid perpetuating disparities.

     (c) This act aims to take steps to correct historical injustices in policymaking through

raising awareness of race and gender impacts of proposed legislation. This act will add race,

ethnicity and gender impact statements into the legislative process to contribute to the development

of sound and fair policy. Race, ethnicity and gender impact statements will inform legislators of

potential consequences of policies that may have a disproportionate impact on historically

disadvantaged populations prior to enacting new legislation. Race, ethnicity and gender impact

statements will provide policy makers with data to assure that when the opportunities are available,

they are informed to take steps to reverse trends that have disadvantaged individuals and

communities with an understanding of potential impacts, positive or negative. While legislative

efforts have attempted to right the wrongs of a few disparities over the past few years, this more

proactive approach can serve to prevent further injustices.

     42-160-4. Goals of race, ethnicity and gender impact statements.

     (a) Based on the prevention principle, the development of race, ethnicity and gender impact

statements aims to reduce the need to correct statutes after the fact and prevents harm, or informs

of potential harm or disproportionate impact, to specific demographics during the legislative

process.

     (b) A race, ethnicity and gender impact statement must be an impartial, simple and

understandable statement demonstrating that the bill sponsor has taken into account the impact that

the legislation will have on underrepresented and historically disadvantaged communities

throughout the state. The statement shall include:

     (1) A list of the communities, demographically, that will be impacted by the legislation;

and

     (2) A description of historical disparities and any existing efforts to address them or efforts

the legislation offers to rectify those disparities; or

     (3) A statement indicating that the legislation will either address disparities or will not have

LC003107 - Page 3 of 5

desperate impact on the communities that have been historically disadvantaged by previous policy

or the legislation does not impact individuals directly.

     42-160-5. Parameters for statements.

     (a) The sponsor of the legislation or the chair of the committee to which the legislation is

assigned shall assure that the bill explanation (the final page of each bill, which provides a brief

explanation of the purposes of the legislation) contains a description of the way in which the

legislation will or will not provide corrective action for policies that have previously resulted in

disparities by race, ethnicity or gender that have disadvantaged one community or gender that has

previously been disadvantaged. Race, ethnicity and gender impact statements shall be required

when proposed legislation pertains to recipients of human services, medical, dental or behavioral

health care, disability services, housing or housing assistance; legislation that will have economic

or environmental impacts; or legislation that pertains to individuals impacted by the criminal justice

system; and expenditures of grants and resources.

     (b) Race, ethnicity and gender impact statements must be made available to the public at

the time that bills are posted for hearing in committees to ensure that the public and legislators have

the information available to inform testimony and hearings. Race, ethnicity and gender impact

statements shall be deemed public records under the provisions of chapter 2 of title 38 ("access to

public records").

     SECTION 2. This act shall take effect upon passage.

========

LC003107

========

LC003107 - Page 4 of 5

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- RACE, ETHNICITY AND

GENDER IMPACT STATEMENT ACT

***

     This act would require the general assembly to provide race, ethnicity and gender impact

statements as to all legislation, addressing the disproportionate impact of the legislation on people

of color and gender.

     This act would take effect upon passage.

========

LC003107

========

LC003107 - Page 5 of 5