The Rules Committee had a Zoom briefing on the topic, which Vargas introduced last year as a resolution (LR217). Over the interim, the committee has worked with the Creighton University Social Science Data Lab on how the impact statements could be developed.

They would give lawmakers important information as they consider, debate and enact public policy, Vargas told the committee. 

Iowa passed such a law in 2008 as a response to a growing concern that Iowa's prison population was disproportionately full of Blacks and Latinos. And Nebraska has that problem, as well, Vargas said. 

A recent report from University of Nebraska at Omaha researchers backed that up, showing that Black Nebraskans are grossly overrepresented in statewide arrest and incarceration numbers.

Other states that have passed similar legislation are Connecticut, Oregon and New Jersey. And bills have been introduced in Arkansas, Florida, Mississippi and Wisconsin. 

The Vargas proposal would require an impact statement for any bill or resolution that would significantly affect criminal or juvenile law, and it would allow a bill's sponsor or the chair of a committee to request an impact statement regardless of the bill's subject. 

Members of the Creighton data lab appeared at the virtual briefing to offer information on the feasibility, structure and process of creating such statements. As an academic source for well researched, nonpartisan and nonpolitical information, it would be well equipped to produce such statements, Vargas said. 

A fiscal note is required for every bill introduced, which are in the hundreds each session. But an impact statement would not be required in such a way, he said, but instead for bills that have to do with criminal law, sentencing and the like. 

Pierce Greenberg, sociology assistant professor at Creighton, said longstanding research shows that state lawmaker decisions can influence disparities. 

Greenberg showed the committee a sample of an impact statement that would include the bill summary, prior research, data and methods of the research. 

"These need to be fairly accessible and readable," Greenberg said. 

Rebecca Murray of Creighton said the impact statements would not be meant to be numerically predictive, but rather just to help legislators be more thoughtful about bills and their potential for disproportional impact.

Lawmakers could become more aware of how a change could lead to an unintentional consequence. 

In answer to a question on how much it would cost to have Creighton do the impact statements rather than the legislative research office, Vargas said that if the impact statements would come to be, it's possible a contract would be necessary to outsource the creation of the statements. Right now, the committee is just exploring the feasibility and framework. 

Greenberg said Creighton is open to different options of involvement, but there's been no discussion of what that would look like. 

"We see this as part of Creighton's mission and doing work in the community," he said. "There are mutual benefits for us to be involved in this."