101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4428

 

Introduced 2/3/2020, by Rep. Camille Y. Lilly

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Racial Impact Note Act. Provides that every bill which has or could have a disparate impact on racial and ethnic minorities, upon the request of any member, shall have prepared for it, before second reading in the house of introduction, a brief explanatory statement or note that shall include a reliable estimate of the anticipated impact on those racial and ethnic minorities likely to be impacted by the bill. Specifies the contents and provides for the preparation of each racial impact note. Provides that no comment or opinion shall be included in the racial impact note with regard to the merits of the measure for which the racial impact note is prepared. Provides that the fact that a racial impact note is prepared for any bill shall not preclude or restrict the appearance before any committee of the General Assembly of any official or authorized employee of the responding agency or agencies, or any other impacted State agency, who desires to be heard in support of or in opposition to the measure. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Racial
5Impact Note Act.
 
6    Section 5. Racial impact note.
7    (a) Every bill which has or could have a disparate impact
8on racial and ethnic minorities, upon the request of any
9member, shall have prepared for it, before second reading in
10the house of introduction, a brief explanatory statement or
11note that shall include a reliable estimate of the anticipated
12impact on those racial and ethnic minorities likely to be
13impacted by the bill. Each racial impact note must include, for
14racial and ethnic minorities for which data are available: (i)
15an estimate of how the proposed legislation would impact racial
16and ethnic minorities; (ii) a statement of the methodologies
17and assumptions used in preparing the estimate; (iii) an
18estimate of the racial and ethnic composition of the population
19who may be impacted by the proposed legislation, including
20those persons who may be negatively impacted and those persons
21who may benefit from the proposed legislation; and (iv) any
22other matter that a responding agency considers appropriate in
23relation to the racial and ethnic minorities likely to be

 

 

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1affected by the bill.
 
2    Section 10. Preparation.
3    (a) The sponsor of each bill for which a request under
4Section 5 has been made shall present a copy of the bill with
5the request for a racial impact note to the appropriate
6responding agency or agencies under subsection (b). The
7responding agency or agencies shall prepare and submit the note
8to the sponsor of the bill within 5 calendar days, except that
9whenever, because of the complexity of the measure, additional
10time is required for the preparation of the racial impact note,
11the responding agency or agencies may inform the sponsor of the
12bill, and the sponsor may approve an extension of the time
13within which the note is to be submitted, not to extend,
14however, beyond June 15, following the date of the request. If,
15in the opinion of the responding agency or agencies, there is
16insufficient information to prepare a reliable estimate of the
17anticipated impact, a statement to that effect can be filed and
18shall meet the requirements of this Act.
19    (b) If a bill concerns arrests, convictions, or law
20enforcement, a statement shall be prepared by the Illinois
21Criminal Justice Information Authority specifying the impact
22on racial and ethnic minorities. If a bill concerns
23corrections, sentencing, or the placement of individuals
24within the Department of Corrections, a statement shall be
25prepared by the Department of Corrections specifying the impact

 

 

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1on racial and ethnic minorities. If a bill concerns local
2government, a statement shall be prepared by the Department of
3Commerce and Economic Opportunity specifying the impact on
4racial and ethnic minorities. If a bill concerns education, one
5of the following agencies shall prepare a statement specifying
6the impact on racial and ethnic minorities: (i) the Illinois
7Community Colleges Board, if the bill affects community
8colleges; (ii) the Illinois State Board of Education, if the
9bill affects primary and secondary education; or (iii) the
10Illinois Board of Higher Education, if the bill affects State
11universities. Any other State agency impacted or responsible
12for implementing all or part of this bill shall prepare a
13statement of the racial and ethnic impact of the bill as it
14relates to that agency.
 
15    Section 15. Requisites and contents. The note shall be
16factual in nature, as brief and concise as may be, and, in
17addition, it shall include both the immediate effect and, if
18determinable or reasonably foreseeable, the long range effect
19of the measure on racial and ethnic minorities. If, after
20careful investigation, it is determined that such an effect is
21not ascertainable, the note shall contain a statement to that
22effect, setting forth the reasons why no ascertainable effect
23can be given.
 
24    Section 20. Comment or opinion; technical or mechanical

 

 

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1defects. No comment or opinion shall be included in the racial
2impact note with regard to the merits of the measure for which
3the racial impact note is prepared; however, technical or
4mechanical defects may be noted.
 
5    Section 25. Appearance of State officials and employees in
6support or opposition of measure. The fact that a racial
7impact note is prepared for any bill shall not preclude or
8restrict the appearance before any committee of the General
9Assembly of any official or authorized employee of the
10responding agency or agencies, or any other impacted State
11agency, who desires to be heard in support of or in opposition
12to the measure.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.