BILL NUMBER: S4338

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act relating to establishing a joint legislative committee on racial
equity in New York state

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to provide a joint racial equity impact
assessment on all legislation that is favorable to New York state.

 
SUMMARY OF PROVISIONS:

Section I a. There is hereby created the joint legislative committee on
racial equity in New York State. The committee shall provide a racial
equity impact assessment on all legislation that is favorably reported
from both houses of the legislature. The committee shall solicit input
from members of the public, especially those individuals with expertise
related to racial equity issues, to aid the committee in its work.

              

b. The committee shall consist of the majority leaders and minority
leaders from both houses of the legislature, ten members appointed by
the president of the senate and ten members appointed by the temporary
president of the assembly who are representative of the racial diversity
that exists in New York State. Any vacancies occurring among the members
of the committee shall be filled in the manner of the original appoint-
ment.

c. The committee shall (1) prepare a racial equity impact assessment on
all legislation that is reported favorably to both houses of the legis-
lature to minimize unanticipated adverse consequences by utilizing
resources that have a:

(i) history of expertise and positive outcomes in racial equity; and

(ii) a deep understanding of ameliorating disproportionate outcomes and
unintended costs; (2) hold a hearing on any matter relating to the func-
tions of the committee; (3) identify state policies and actions that, in
conjunction with public and private partners and in support of, racial
equity, can work to achieve conditions of such;

(4) review and make recommendations to align state statutes, regu-
lations, programs, services and budget priorities; (5) search for any
interdepartmental gaps, inconsistencies and inefficiencies in the imple-
mentation or attainment of the state policies and actions; (6) identify
any new laws, regulations, programs, services, and budgetary priorities
that are needed to ensure and promote desired conditions of racial equi-
ty; (7) serve as an informational resource for the legislature; and (8)
perform other activities, including public awareness.

d. The committee shall have the same powers as other standing or select
committees of the legislature.

Section two: Provides for an effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:

N/A

 
JUSTIFICATION:

This initiative provides New York with a mechanism to ensure that
proposed legislation will consider racial equity. Numerous studies (such
as Clark, Tims) have shown the disproportionate negative outcomes for
people of color across systems and while legislation is often enacted
with the intention of ameliorating social issues, it often, does not
recognize the unintended consequences for people of color or the inher-
ently embedded racial inequities faced by such populations. New Yorkers
have firsthand knowledge of the differential and negative impact on
communities of color as a result of legislation and policies that aimed
at tackling problems, but resulted in negative outcomes with intergener-
ational ramifications.  During the 2016 election, the 1994 Crime Bill
became a focal issue directly linked to the disproportionate negative
outcomes and mass incarnation of people of color. A racial equity impact
assessment would have examined potential differential outcomes embedded
in the proposed legislation prior to it becoming law.

Economic and Environmental Impact Statements are commonly used for
legislative and policy, systemic, decision making. Such assessments are
used to evaluate potential harm and ensure fiscal and environmental
protections in the face of limited resources. In the same fashion, the
REIA will be a vital tool for preventing institutional racism and for
identifying new options to remedy long-standing inequities.

 
PRIOR LEGISLATION HISTORY:

S. 3067 of 2012-22: Referred to Investigations and Government Oper-
ations;

S. 1739-A of 2019-20: Referred to Investigations and Government Oper-
ations;

S. 8703 of 2018: Referred to Investigations and Government Operations

 
FISCAL IMPLICATIONS:

N/A

 
EFFECTIVE DATE:
This act shall take effect immediately.