House File 2393 - Enrolled

PAG LIN



  1  1                                             HOUSE FILE 2393
  1  2
  1  3                             AN ACT
  1  4 PROVIDING REQUIREMENTS FOR MINORITY IMPACT STATEMENTS IN
  1  5    RELATION TO STATE GRANT APPLICATIONS AND CORRECTIONAL
  1  6    IMPACT STATEMENTS FOR LEGISLATION, AND PROVIDING EFFECTIVE
  1  7    AND APPLICABILITY DATES.
  1  8
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 10
  1 11    Section 1.  Section 2.56, subsection 1, Code 2007, is
  1 12 amended to read as follows:
  1 13    1.  Prior to debate on the floor of a chamber of the
  1 14 general assembly, a correctional impact statement shall be
  1 15 attached to any bill, joint resolution, or amendment which
  1 16 proposes a change in the law which creates a public offense,
  1 17 significantly changes an existing public offense or the
  1 18 penalty for an existing offense, or changes existing
  1 19 sentencing, parole, or probation procedures.  The statement
  1 20 shall include information concerning the estimated number of
  1 21 criminal cases per year that the legislation will impact, the
  1 22 fiscal impact of confining persons pursuant to the
  1 23 legislation, the impact of the legislation on minorities, the
  1 24 impact of the legislation upon existing correctional
  1 25 institutions, community=based correctional facilities and
  1 26 services, and jails, the likelihood that the legislation may
  1 27 create a need for additional prison capacity, and other
  1 28 relevant matters.  The statement shall be factual and shall,
  1 29 if possible, provide a reasonable estimate of both the
  1 30 immediate effect and the long=range impact upon prison
  1 31 capacity.
  1 32    Sec. 2.  Section 2.56, Code 2007, is amended by adding the
  1 33 following new subsection:
  1 34    NEW SUBSECTION.  4A.  The legislative services agency in
  1 35 cooperation with the division of criminal and juvenile justice
  2  1 planning of the department of human rights shall develop a
  2  2 protocol for analyzing the impact of the legislation on
  2  3 minorities.
  2  4    Sec. 3.  NEW SECTION.  8.11  GRANT APPLICATIONS == MINORITY
  2  5 IMPACT STATEMENTS.
  2  6    1.  Each application for a grant from a state agency shall
  2  7 include a minority impact statement that contains the
  2  8 following information:
  2  9    a.  Any disproportionate or unique impact of proposed
  2 10 policies or programs on minority persons in this state.
  2 11    b.  A rationale for the existence of programs or policies
  2 12 having an impact on minority persons in this state.
  2 13    c.  Evidence of consultation of representatives of minority
  2 14 persons in cases where a policy or program has an identifiable
  2 15 impact on minority persons in this state.
  2 16    2.  For the purposes of this section, the following
  2 17 definitions shall apply:
  2 18    a.  "Disability" means the same as provided in section
  2 19 15.102, subsection 5, paragraph "b", subparagraph (1).
  2 20    b.  "Minority persons" includes individuals who are women,
  2 21 persons with a disability, Blacks, Latinos, Asians or Pacific
  2 22 Islanders, American Indians, and Alaskan Native Americans.
  2 23    c.  "State agency" means a department, board, bureau,
  2 24 commission, or other agency or authority of the state of Iowa.
  2 25    3.  The office of grants enterprise management shall create
  2 26 and distribute a minority impact statement form for state
  2 27 agencies and ensure its inclusion with applications for
  2 28 grants.
  2 29    4.  The directives of this section shall be carried out to
  2 30 the extent consistent with federal law.
  2 31    5.  The minority impact statement shall be used for
  2 32 informational purposes.
  2 33    Sec. 4.  EFFECTIVE AND APPLICABILITY DATES.  This Act takes
  2 34 effect July 1, 2008, and shall apply to grants for which
  2 35 applications are due beginning January 1, 2009.
  3  1
  3  2
  3  3                                                             
  3  4                               PATRICK J. MURPHY
  3  5                               Speaker of the House
  3  6
  3  7
  3  8                                                             
  3  9                               JOHN P. KIBBIE
  3 10                               President of the Senate
  3 11
  3 12    I hereby certify that this bill originated in the House and
  3 13 is known as House File 2393, Eighty=second General Assembly.
  3 14
  3 15
  3 16                                                             
  3 17                               MARK BRANDSGARD
  3 18                               Chief Clerk of the House
  3 19 Approved                , 2008
  3 20
  3 21
  3 22                            
  3 23 CHESTER J. CULVER
  3 24 Governor