An Act To Require the Inclusion of Racial Impact Statements in the Legislative Process
Maine Legislature, Session 130, LD 0002
Committee: State and Local Government
Sponsors: TALBOT ROSS

Legislative Document
No. 2
H.P. 5
House of Representatives, January 13, 2021
An Act To Require the Inclusion of Racial Impact Statements in the 
Legislative Process
Received by the Clerk of the House on January 11, 2021.  Referred to the Committee on 
State and Local Government pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative TALBOT ROSS of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  2 MRSA c. 7 is enacted to read:
CHAPTER 7
RACIAL IMPACT STATEMENTS
§201.  Information regarding racial impact statements
1. Definitions.  As used in this chapter, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Legislative committee" means a joint standing committee of the Legislature, a 
joint select committee of the Legislature, a task force, commission or council or any 
other committee established by the Legislature and composed wholly or partly of 
Legislators for the purpose of conducting legislative business.  
B.  "Racial impact statement" means an assessment of the potential impact that 
legislation could have on historically disadvantaged racial populations.
C.  "State agency" means a state department, agency, office, board or commission or a 
quasi-independent agency, board, commission, authority or institution.
2.  Racial impact statement information.  Upon the request of a legislative 
committee, a commissioner or director of a state agency or the commissioner's or director's 
designee shall provide to that legislative committee data, analysis and other information 
necessary to prepare a racial impact statement for legislation before that legislative 
committee or legislation being prepared by that legislative committee.  The racial impact 
statement information must be provided in a timely manner.
Sec. 2.  Implementation of racial impact statement process pilot project.  
The Legislative Council or its delegate shall perform a study to determine the best method 
to establish and implement a system of using racial impact statements for legislation.  For 
purposes of this section, "racial impact statement" means an assessment of the potential 
impact that legislation could have on historically disadvantaged racial populations.
1.  Study.  In making the determination required by this section, the Legislative Council 
shall study and consider:
A.  What has been done in other states to accomplish the development and use of racial 
impact statements;  
B.  What data, analysis or other information is needed to produce a racial impact 
statement and what the best source of that data, analysis or other information is, such 
as, but not limited to, an executive branch department or agency; 
C.  Specific policy areas that would benefit from the use of racial impact statements, 
including, but not limited to, education; health care; employment, including wages; 
housing, including home ownership; and criminal justice and public safety; 
D.  The costs of implementing the use of racial impact statements, either on a limited 
basis, such as for certain committees, policy areas or instruments, such as committee 
or floor amendments, or for all joint standing committees and all legislation; and
E.  Anything else the Legislative Council considers relevant.
2.  Findings; recommendations for limited pilot project.  The Legislative Council 
shall complete its study under subsection 1 no later than November 1, 2021 and compile a 
report with its findings.  Based on the information gathered pursuant to subsection 1 and 
its findings, the Legislative Council shall implement, no later than December 1, 2021, a 
pilot project for the limited use of racial impact statements in the Second Regular Session 
of the 130th Legislature.  
In determining the scope of the pilot project, the Legislative Council shall consider:
A.  Which joint standing committees will participate in the pilot project, which must 
be at least one but not more than 4;  
B.  What legislation, such as bills, committee amendments and floor amendments, will 
be subject to racial impact statement review; 
C.  What standards will be used to review legislation under paragraph B; 
D. What resources or adjustments to the committee process will be needed to facilitate 
the inclusion of racial impact statements; 
E. The cost required to implement such a pilot project; 
F. Information or other resources needed to compile racial impact statements; and 
G.  Any other information relevant to the Legislative Council.
3.  Report by pilot project committees.  The chairs of each joint standing committee 
that was a part of the pilot project established pursuant to subsection 2 shall provide a report 
to the Legislative Council no later than 30 days following adjournment of the Second 
Regular Session of the 130th Legislature. The report must include:
A.  The number of pieces of legislation and the types of legislation for which racial 
impact statements were requested and used;
B.  The manner in which the racial impact statements were obtained or developed;
C. The amount of time, both as an average and individually, needed to develop each 
racial impact statement; and
D.  The cost, if any, to the joint standing committee from obtaining or developing racial 
impact statements.
Based on the report of the joint standing committees, the Legislative Council shall 
determine whether to expand or eliminate the use of racial impact statements and make that 
recommendation to the Legislative Council of the 131st Legislature no later than December 
15, 2022.
SUMMARY
This bill requires, upon the request of a committee of the Legislature, the commissioner 
of a department or director of an agency to provide to that legislative committee data, 
analysis and other information necessary to prepare a racial impact statement, which is an 
assessment of the potential impact that legislation could have on historically disadvantaged 
racial populations.
This bill also requires the Legislative Council to conduct a study to determine the best 
method to establish and implement a system of using racial impact statements for 
legislation.  Based on its findings, the Legislative Council is directed to establish a limited 
pilot project for the use of racial impact statements for the Second Regular Session of the 
130th Legislature.  A joint standing committee that participates in the pilot project is 
required to report to the Legislative Council regarding the use of racial impact statements 
and, based on that report, the Legislative Council is required to make a recommendation 
for the use of racial impact statements in the 131st Legislature.