STATE OF NEW YORK ________________________________________________________________________ 6584--A Cal. No. 1529 2023-2024 Regular Sessions IN SENATE April 27, 2023 ___________ Introduced by Sen. GIANARIS -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged and said bill committed to the Committee on Rules -- ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the executive law, in relation to the collection of certain demographic information by certain state agencies, boards, departments and commissions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 170-e of the executive law, as amended by chapter 2 123 of the laws of 2022, is amended to read as follows: 3 § 170-e. Collection of demographic information. 1. Every state agency, 4 board, department, or commission that directly collects demographic data 5 as to the ancestry or ethnic origin of residents of the state of New 6 York shall use separate collection categories and tabulations for the 7 following Asian and Pacific Islander groups in New York state: 8 (a) each major Asian group shall include Chinese, Japanese, Filipino, 9 Korean, Vietnamese, Asian Indian, Bangladeshi, Pakistani, and all of the 10 ten most populous Asian groups in the most recent five-year American 11 community survey published by the United States Census Bureau; and 12 (b) each major Pacific Islander group shall include Native Hawaiian, 13 Guamanian and Chamorro, and Samoan; or 14 (c) collection categories shall include a category for other Asian or 15 Pacific Island group. 16 2. Every state agency, board, department, or commission that directly 17 collects demographic data as to the ancestry or ethnic origin of resi- 18 dents of the state of New York shall use separate collection categories 19 and tabulations for the White group in New York state. 20 3. Every state agency, board, department, or commission that directly 21 collects demographic data as to the ancestry or ethnic origin of resi- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10311-03-3
S. 6584--A 2 1 dents of the state of New York shall use separate collection categories 2 and tabulations for the following Middle Eastern or North African groups 3 in New York state: 4 (a) Each major North African (NA) group, including, but not limited 5 to, Egyptian, Moroccan, Algerian, Tunisian, and Libyan; and 6 (b) Each major Middle Eastern (ME) group, including, but not limited 7 to, Yemeni, Iranian, Palestinian, Iraqi, Lebanese, Israeli, Syrian, 8 Armenian, and Saudi; and 9 (c) Other Middle Eastern and North African (MENA) groups, including, 10 but not limited to, transnational indigenous MENA communities like 11 Amazigh and Syriac people. 12 4. Every state agency, board, department, or commission that directly 13 collects demographic data as to the ancestry or ethnic origin of resi- 14 dents of the state of New York shall use separate collection categories 15 and tabulations for the following: 16 (a) the primary language spoken at home; and 17 (b) the ethnic group or ancestry. 18 [3.] 5. Upon the release of a new five-year American community survey 19 published by the United States Census Bureau, every state agency, board, 20 department or commission shall update their data collection and report- 21 ing practices as required by this section and shall continue to collect 22 and report on any demographic group no longer included in the ten most 23 populous groups until the release of the following five-year American 24 community survey, at which time state agencies, boards, departments or 25 commissions may cease to collect and report on such demographic groups 26 provided they remain outside the ten most populous groups. 27 6. Every state agency, board, department, or commission that directly 28 collects demographic data as to the ancestry or ethnic origin of resi- 29 dents of the state of New York shall allow multiple collection catego- 30 ries to be selected. 31 [4.] 7. The data collected pursuant to the different collection cate- 32 gories and tabulations described in subdivision one of this section, to 33 the degree that the data quality is sufficient, shall be included in 34 every demographic report on ancestry or ethnic origins of residents of 35 the state of New York by the state agency, board, department, or commis- 36 sion published or released on or after December first, two thousand 37 twenty-three; provided, however, that for the department of labor, divi- 38 sion of criminal justice services, office of mental health and office of 39 temporary and disability assistance such requirements shall be effective 40 July first, two thousand twenty-four. The data shall be made available 41 to the public in accordance with state and federal law, except for 42 personal identifying information, which shall be deemed confidential, by 43 posting the data on the internet web site of the agency, board, depart- 44 ment, or commission on or before December first, two thousand twenty- 45 three, and annually thereafter; provided, however, that for the depart- 46 ment of labor, division of criminal justice services, office of mental 47 health and office of temporary and disability assistance such require- 48 ments shall be effective July first, two thousand twenty-four. If the 49 data quality is determined to be insufficient for publication, an expla- 50 nation of the problem with the data quality shall be included in any 51 report or publication made available to the public. This subdivision 52 shall not be construed to prevent any other state agency from posting 53 data collected pursuant to subdivision one of this section on the agen- 54 cy's internet web site, in the manner prescribed by this section. 55 [5.] 8. The requirements of this section shall not apply to the 56 department of labor, the division of criminal justice services, the
S. 6584--A 3 1 office of mental health or the office of temporary and disability 2 assistance until two years after this section shall have become a law. 3 § 2. This act shall take effect on the one hundred twentieth day after 4 it shall have become a law. Effective immediately, the addition, amend- 5 ment and/or repeal of any rule or regulation necessary for the implemen- 6 tation of this act on its effective date are authorized to be made and 7 completed on or before such effective date.