HF 9

as introduced - 91st Legislature, 2020 2nd Special Session (2020 - 2020) Posted on 07/14/2020 06:10pm

A bill for an act
relating to state government; providing for disparity impact analysis of proposed
legislation; requiring state agencies to biannually report actions taken to address
disparities; requiring each change item in the governor's budget proposal to include
a disparity analysis; amending Minnesota Statutes 2018, section 16A.10, subdivision
1c; proposing coding for new law in Minnesota Statutes, chapters 3; 15.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [3.99] DISPARITY IMPACT NOTES.
new text end

new text begin (a) The commissioner of management and budget shall coordinate the development of
a disparity impact note for any proposed legislation upon request of the chair or ranking
minority member of any standing committee if it appears enactment could significantly
increase or decrease disparities. Upon receipt of a request to prepare a disparity impact note,
the commissioner must notify the authors of the proposed legislation that the request has
been made. The commissioner may require the commissioner of an administrative state
agency to supply in a timely manner any information necessary to complete the disparity
impact note. The disparity impact note must be completed no later than ten days after the
initial request and must be made available to the public upon request. The commissioner
shall make a reasonable estimate of whether the proposed legislation will increase or decrease
disparities and identify any data gaps that impair the commissioner's ability to assess the
proposed legislation's impact. Upon completion of the disparity impact note, the
commissioner must provide a copy to the authors of the proposed legislation and to the chair
and ranking minority member of each committee to which the proposed legislation is referred.
new text end

new text begin (b) For purposes of this section, "disparities" means differences in economic, employment,
health, education, or public safety outcomes between the state population as a whole and
subgroups of the population defined by race, gender, and geography to the extent data is
available.
new text end

Sec. 2.

new text begin [15.996] DISPARITY IMPACT; NEW AND EXISTING STATE PROGRAMS.
new text end

new text begin Subdivision 1. new text end

new text begin New programs; definition. new text end

new text begin (a) Before a state agency may implement a
new program, the agency must certify to the commissioner of human rights the actions the
agency has taken to ensure, to the extent practicable, that the new program will decrease
or, at a minimum, not increase relevant disparities.
new text end

new text begin (b) For purposes of this section, "disparities" has the meaning given in section 3.99,
paragraph (b).
new text end

new text begin Subd. 2. new text end

new text begin Existing programs. new text end

new text begin No later than June 30 and December 15 each year, each
state agency must certify to the commissioner of human rights the actions the agency has
taken during the period to ensure, to the extent practicable, that the agency's administration
of existing laws and programs will decrease or, at a minimum, not increase existing
disparities.
new text end

new text begin Subd. 3. new text end

new text begin Evaluation and recommendation. new text end

new text begin For each agency, the commissioner of
human rights must evaluate the agency's actions certified under subdivisions 1 and 2, and
recommend to the agency any additional actions the agency should take to address or
decrease disparities.
new text end

new text begin Subd. 4. new text end

new text begin Annual report required. new text end

new text begin No later than February 15 each year, the commissioner
of human rights must report to the legislative committees with jurisdiction over government
operations each agency action certified pursuant to this section during the previous calendar
year as well as the commissioner's agency-specific recommendations and any
recommendations to the legislature.
new text end

Sec. 3.

Minnesota Statutes 2018, section 16A.10, subdivision 1c, is amended to read:

Subd. 1c.

Performance measures new text begin and disparity analysis new text end for change items.

For each
change item in the budget proposal requesting new or increased funding, the budget document
must new text begin :
new text end

new text begin (1) new text end present proposed performance measures that can be used to determine if the new or
increased funding is accomplishing its goals. To the extent possible, each budget change
item must identify relevant statewide goals and indicators related to the proposed initiative new text begin ;
and
new text end

new text begin (2) include a succinct analysis of whether the new or increased funding is likely to
increase or decrease disparities, as defined in section 3.99, paragraph (b) new text end .