House Amendment 8280


PAG LIN




     1  1    Amend House File 2393 as follows:
     1  2 #1.  By striking everything after the enacting
     1  3 clause and inserting the following:
     1  4    <Section 1.  Section 2.56, subsection 1, Code 2007,
     1  5 is amended to read as follows:
     1  6    1.  Prior to debate on the floor of a chamber of
     1  7 the general assembly, a correctional impact statement
     1  8 shall be attached to any bill, joint resolution, or
     1  9 amendment which proposes a change in the law which
     1 10 creates a public offense, significantly changes an
     1 11 existing public offense or the penalty for an existing
     1 12 offense, or changes existing sentencing, parole, or
     1 13 probation procedures.  The statement shall include
     1 14 information concerning the estimated number of
     1 15 criminal cases per year that the legislation will
     1 16 impact, the fiscal impact of confining persons
     1 17 pursuant to the legislation, the impact of the
     1 18 legislation on minorities, the impact of the
     1 19 legislation upon existing correctional institutions,
     1 20 community=based correctional facilities and services,
     1 21 and jails, the likelihood that the legislation may
     1 22 create a need for additional prison capacity, and
     1 23 other relevant matters.  The statement shall be
     1 24 factual and shall, if possible, provide a reasonable
     1 25 estimate of both the immediate effect and the
     1 26 long=range impact upon prison capacity.
     1 27    Sec. 2.  Section 2.56, Code 2007, is amended by
     1 28 adding the following new subsection:
     1 29    NEW SUBSECTION.  4A.  The legislative services
     1 30 agency in cooperation with the division of criminal
     1 31 and juvenile justice planning of the department of
     1 32 human rights shall develop a protocol for analyzing
     1 33 the impact of the legislation on minorities.
     1 34    Sec. 3.  NEW SECTION.  8.11  GRANT APPLICATIONS ==
     1 35 MINORITY IMPACT STATEMENTS.
     1 36    1.  Each application for a grant from a state
     1 37 agency shall include a minority impact statement that
     1 38 contains the following information:
     1 39    a.  Any disproportionate or unique impact of
     1 40 proposed policies or programs on minority persons in
     1 41 this state.
     1 42    b.  A rationale for the existence of programs or
     1 43 policies having an impact on minority persons in this
     1 44 state.
     1 45    c.  Evidence of consultation of representatives of
     1 46 minority persons in cases where a policy or program
     1 47 has an identifiable impact on minority persons in this
     1 48 state.
     1 49    2.  For the purposes of this section, the following
     1 50 definitions shall apply:
     2  1    a.  "Disability" means the same as provided in
     2  2 section 15.102, subsection 5, paragraph "b",
     2  3 subparagraph (1).
     2  4    b.  "Minority persons" includes individuals who are
     2  5 women, persons with a disability, Blacks, Latinos,
     2  6 Asians or Pacific Islanders, American Indians, and
     2  7 Alaskan Native Americans.
     2  8    c.  "State agency" means a department, board,
     2  9 bureau, commission, or other agency or authority of
     2 10 the state of Iowa.
     2 11    3.  The office of grants enterprise management
     2 12 shall create and distribute a minority impact
     2 13 statement form for state agencies and ensure its
     2 14 inclusion with applications for grants.
     2 15    4.  The directives of this section shall be carried
     2 16 out to the extent consistent with federal law.
     2 17    5.  The minority impact statement shall be used for
     2 18 informational purposes.
     2 19    Sec. 4.  EFFECTIVE AND APPLICABILITY DATES.  This
     2 20 Act takes effect July 1, 2008, and shall apply to
     2 21 grants for which applications are due beginning
     2 22 January 1, 2009.>
     2 23 #2.  Title page, by striking lines 1 through 4 and
     2 24 inserting the following:  <An Act providing
     2 25 requirements for minority impact statements in
     2 26 relation to state grant applications and correctional
     2 27 impact statements for legislation, and providing
     2 28 effective and applicability dates.>
     2 29 #3.  By renumbering as necessary.
     2 30
     2 31
     2 32                               
     2 33 FORD of Polk
     2 34
     2 35
     2 36                               
     2 37 SMITH of Marshall
     2 38
     2 39
     2 40                               
     2 41 SWAIM of Davis
     2 42
     2 43
     2 44                               
     2 45 ABDUL-SAMAD of Polk
     2 46
     2 47
     2 48                               
     2 49 TOMENGA of Polk
     2 50
     3  1
     3  2                               
     3  3 HEATON of Henry
     3  4 HF 2393.501 82
     3  5 ak/nh/11231

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