MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Corrections; Accountability, Efficiency, Transparency
By: Senator(s) Jackson (11th), Dawkins, Butler (36th), Jordan, Frazier, Jackson (32nd), Norwood, Jones, Horhn, Simmons (12th)
AN ACT TO PROVIDE A PROCEDURE FOR THE ISSUANCE OF RACIAL AND ETHNIC IMPACT STATEMENTS THAT EXAMINE HOW PROPOSED LEGISLATION OR PROPOSED BALLOT MEASURES WILL AFFECT CERTAIN POPULATIONS; TO AUTHORIZE THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY'S OFFICE OF PUBLIC SAFETY PLANNING, IN CONSULTATION WITH THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, TO PREPARE AND PROVIDE THESE IMPACT STATEMENTS; TO AMEND SECTION 23-17-45, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
Section 1. (1) As used in this section, "criminal offender population" means all persons who are convicted of a crime or adjudicated for an act that, if committed by an adult, would constitute a crime.
(2) The Department of Public Safety's Office of Public Safety Planning, in consultation with the Mississippi Department of Corrections, is authorized to prepare and provide the racial and ethnic impact statements described in this section. Upon request, any state agency shall provide information to the office for the purposes of preparing an impact statement. The office may adopt rules to carry out the provisions of this section.
(3) To obtain a racial and ethnic impact statement described in this Section, one (1) member of the Mississippi Legislature from each major political party must sign a written request. Upon receipt of the written request, the Office of Public Safety Planning shall prepare a racial and ethnic impact statement that describes the effects of proposed legislation on the racial and ethnic composition of the criminal offender population.
(4) A racial and ethnic impact statement must be impartial, simple and understandable and must include, for racial and ethnic groups for which data are available, the following:
(a) An estimate of how the proposed legislation would change the racial and ethnic composition of the criminal offender population;
(b) A statement of the methodologies and assumptions used in preparing the estimate; and
(c) An estimate of the racial and ethnic composition of the crime victims who may be affected by the proposed legislation.
(5) If the Office of Public Safety Planning has prepared a racial and ethnic impact statement for a state ballot measure, not later than the 99th day before a special election held on the date of a primary election or any general election at which the state ballot measure is to be submitted to the people, the office shall file the statement with the Secretary of State.
(6) Not later than the 95th day before the election, the Secretary of State shall hold a hearing in Jackson, Mississippi upon reasonable statewide notice to receive suggestions for changes to the statement or to receive other information. At the hearing, any person may submit suggested changes or other information orally or in writing. Written suggestions and any other information also may be submitted at any time before the hearing.
(7) The office shall consider suggestions and any other information submitted under subsection (5) of this section and may file a revised statement with the Secretary of State not later than the 90th day before the election at which the measure is to be voted upon.
(8) The Secretary of State shall certify the statement not later than the 90th day before the election at which the measure is to be voted upon, and all statements prepared under this section shall be made available to the public.
(9) A failure to prepare, file or certify a statement does not prevent inclusion of the measure in the voters' ballot.
Section 2. (1) As used in this section:
(a) "Minority persons" includes individuals who are women, persons with disabilities, African-Americans, Hispanics, Asians or Pacific Islanders, American Indians and Alaskan Natives.
(b) "State agency" means every state institution, board, commission, council, department or unit thereof created by the Mississippi Constitution or statutes.
(2) A state agency that awards grants shall require that each grant application include a racial and ethnic impact statement that must contain the following information:
(a) Any disproportionate or unique impact of proposed policies or programs on minority persons in this state;
(b) A rationale for the existence of policies or programs having a disproportionate or unique impact on minority persons in this state; and
(c) Evidence of consultation with representatives of minority persons in cases in which a proposed policy or program has a disproportionate or unique impact on minority persons in this state.
(3) The Department of Finance and Administration, in consultation with the Mississippi Department of Public Safety's Office of Public Safety Planning, shall create and distribute a racial and ethnic impact statement form for state agencies and shall ensure that the statement is included in applications for grants awarded by state agencies.
(4) The racial and ethnic impact statement shall be used for informational purposes.
(5) The requirements of this section apply only to grants awarded to corporations or other legal entities other than natural persons.
SECTION 3. Section 23-17-45, Mississippi Code of 1972, is amended as follows:
23-17-45. (1) A pamphlet containing a copy of all initiative measures and legislative alternatives, including the ballot title and ballot summary, arguments or explanations for and against each measure and alternative, any racial and ethnic impact statement prepared for the measure under Section 1 of this act, and the fiscal analysis prepared by the chief legislative budget officer shall be compiled by the Secretary of State. The sponsor may prepare the argument or explanation on the measure. If the sponsor does not prepare the argument or explanation, then the Secretary of State shall do so. Each argument or explanation shall not exceed three hundred (300) words. The Secretary of State shall publish the ballot title, ballot summary, full text of each measure and arguments or explanations for and against each measure and alternative once a week for three (3) consecutive weeks immediately preceding the election in at least one (1) newspaper of general circulation in each county of the state. The costs of such printing and publication shall be borne by the Secretary of State from funds appropriated by the Legislature.
(2) The Secretary of State shall conduct at least one (1) public hearing in each congressional district on each measure to be placed on the ballot and shall give public notice thereof at least thirty (30) days before a hearing.
SECTION 4. This act shall take effect and be in force from and after July 1, 2014.