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H.407

Introduced by Representative Kainen of Hartford

Referred to Committee on

Date:

Subject: Racial profiling; task force

Statement of purpose: This bill proposes to create a task force to examine the issue of racial profiling, the disparate treatment of any person on the basis of race or ethnic origin by any law enforcement officer acting in an official capacity, in Vermont. The task force will report its findings and recommendations to the general assembly and the governor.

AN ACT RELATING TO THE ESTABLISHMENT OF A RACIAL PROFILING TASK FORCE

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. LEGISLATIVE FINDINGS

The general assembly finds that:

(1) The practice of "racial profiling", the disparate treatment of any person on the basis of race or ethnic origin by a law enforcement officer acting in an official capacity, has become a significant problem in many areas of the country.

(2) Vermont has become, and will continue to become, more racially and ethnically diverse.

(3) Tolerance and concern for all people regardless of race or ethnicity has long been part of the legacy of Vermont; the first state to outlaw slavery and a leader in prohibiting discrimination in employment, education, and housing.

(4) It is important that officials assess the extent of racial profiling in Vermont so that if racial profiling is found to be occurring, remedies can be fashioned to address it promptly and effectively.

Sec. 2. TASK FORCE

(a) The Racial Profiling Task Force is established for a term commencing on the effective date of this act and continuing until March 1, 2003. The task force shall be comprised of 13 members, consisting of the chair of the House Committee on Judiciary or designee, one member of the House of Representatives designated by the Speaker of the House, the chair of the Senate Committee on Judiciary or designee, one member of the Senate appointed by the Senate Committee on Committees, two members appointed by the Governor, the chair of the Human Rights Commission or designee, the Attorney General or designee, the commissioner of the Department of Public Safety or designee, the director of the Vermont Criminal Information Center or designee, the president of the Police Chiefs’ Association or designee, the president of the Vermont Sheriffs’ Association or designee, and the Defender General or designee.

(b) The task force members shall be appointed for the entire term of the task force. Members who were members of the House of Representatives or the Senate at the time of their appointment shall continue as members of the task force, notwithstanding a change in their status as elected officials. A member who resigns, dies or takes up residence in another state or country shall be replaced in the same manner as the member was initially selected.

(c) The task force shall acquire accurate and comprehensive information about the existence and extent of racial profiling in Vermont. The task force may hold public hearings in the Southern, Central, and Northern regions of Vermont to receive testimony concerning treatment of racial and ethnic minorities by law enforcement officers acting in an official capacity in Vermont. Such hearings shall be preceded by publicity in each region and outreach to groups or organizations that may have special knowledge or interest in racial profiling.

(d) The task force shall utilize any state and federal programs and funding available to assist with its charge.

(e) The task force shall report to the general assembly and the governor by January 15, 2003. The report shall include the task force’s findings concerning the existence, scope, and extent of racial profiling in Vermont, as well as its recommendations to address such findings.

(f) The task force shall elect a chair and a vice-chair, shall conduct its meetings pursuant to Robert’s Rules of Order, and shall be subject to the open meetings laws pursuant to subchapter 2 of chapter 5 of Title 1.

(g) Members of the task force who are members of the general assembly shall be entitled to compensation and expenses as provided in 2 V.S.A. § 406. Members of the task force who are not state employees shall be entitled to compensation and expenses as provided in 32 V.S.A. § 1010.

(h) The task force shall have the assistance of the staff of legislative council and the joint fiscal office.