Bill Text: NY S03468 | 2021-2022 | General Assembly | Amended


Bill Title: Establishes the office of racial equity and social justice to act as the official state planning and coordinating office for changes in policy, practice and allocation of state resources so that race or social justice constructs do not predict an individual's success, while also improving opportunities and outcomes for all people, and performing all necessary and appropriate services required to fulfill these duties.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Vetoed) 2022-12-23 - VETOED MEMO.163 [S03468 Detail]

Download: New_York-2021-S03468-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         3468--B
            Cal. No. 259

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 29, 2021
                                       ___________

        Introduced by Sens. KENNEDY, ADDABBO, COONEY, HARCKHAM, HINCHEY, KAPLAN,
          KRUEGER,  MAY,  MAYER,  REICHLIN-MELNICK,  SANDERS,  SEPULVEDA -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee  on  Finance  -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee --  recommitted
          to  the  Committee on Finance in accordance with Senate Rule 6, sec. 8
          -- reported favorably from said committee, ordered to first and second
          report, ordered to a third reading, passed by Senate and delivered  to
          the  Assembly, recalled, vote reconsidered, restored to 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 establishing the
          office of racial equity and social justice

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The executive law is amended by adding a new article 15-D
     2  to read as follows:
     3                                ARTICLE 15-D
     4                 OFFICE OF RACIAL EQUITY AND SOCIAL JUSTICE

     5  Section 328-e. Definitions.
     6          328-f. Office of racial equity  and  social  justice;  director,
     7                   organization and employees.
     8          328-g. Functions, powers and duties of the office.
     9          328-h. Reporting.
    10    §  328-e.  Definitions.  As  used in this article, the following terms
    11  shall have the following meanings:
    12    1. "Office" means the office of racial equity and social justice.
    13    2. "Director" means the director of the office of  racial  equity  and
    14  social justice.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02437-05-2

        S. 3468--B                          2

     1    3.    "Equity"  means fair and just opportunities and outcomes for all
     2  individuals.
     3    4.  "Social  justice"  means every individual deserves to benefit from
     4  the same economic, political and social rights and  opportunities,  free
     5  from  health disparities, regardless of race; socioeconomic status; age;
     6  sex, including on the basis of gender identity or orientation; religion;
     7  disability; or other characteristics.
     8    5. "Race" means a social construct that  artificially  divides  people
     9  into  distinct  groups based on characteristics such as physical appear-
    10  ance,  including  color;  ancestral  heritage;   cultural   affiliation;
    11  cultural  history;  ethnic  classification; and the social, economic and
    12  political needs of a society at a given period.
    13    6. "Inequity" means systematic and patterned differences in well-being
    14  that disadvantage one group in favor  of  another  caused  by  past  and
    15  current decisions, systems of power and privilege, and policies.
    16    7. "Individual racism" means explicit or implicit pre-judgment bias or
    17  discrimination by an individual based on race.
    18    8.  "Institutional  racism"  means policies, practices, and procedures
    19  that work better for some members of a community than  others  based  on
    20  race.
    21    9.  "Racial  equity and social justice" means changes in policy, prac-
    22  tice and allocation of state resources so that race  or  social  justice
    23  constructs  do not predict an individual's success, while also improving
    24  opportunities and outcomes for all people.
    25    § 328-f. Office of racial equity and social justice; director,  organ-
    26  ization and employees. 1. The office of racial equity and social justice
    27  is  hereby  created within the executive department to have and exercise
    28  the functions, powers and duties provided  by  the  provisions  of  this
    29  article and any other provision of law.
    30    2.  The  head  of the office shall be the director, who shall serve as
    31  the chief equity officer for the state of New York.  The director  shall
    32  be appointed by the governor with the consent and approval of the senate
    33  and  receive  a  salary  to  be fixed by the governor within the amounts
    34  appropriated therefor.
    35    3. The director may, from time to time, create, abolish, transfer  and
    36  consolidate  bureaus  and  other  units  within the office not expressly
    37  established by law as the director may determine necessary for the effi-
    38  cient operation of the office, subject to the approval of  the  director
    39  of the budget.
    40    4. The director may appoint assistants, and other officers and employ-
    41  ees,  committees  and  consultants  as  the director may deem necessary,
    42  prescribe their powers and duties, fix  their  compensation  within  the
    43  amounts appropriated therefor.
    44    5. The director may request and receive from any department, division,
    45  board,  bureau,  commission or other agency of the state any information
    46  and resources that will enable the office  to  properly  carry  out  its
    47  functions, powers and duties.
    48    §  328-g. Functions, powers and duties of the office. The office shall
    49  have the following functions, powers and duties:
    50    1. To act as the official state planning and coordinating  office  for
    51  changes  in  policy,  practice and allocation of state resources so that
    52  race or  social  justice  constructs  do  not  predict  an  individual's
    53  success, while also improving opportunities and outcomes for all people,
    54  and  performing  all  necessary  and  appropriate  services  required to
    55  fulfill these duties.

        S. 3468--B                          3

     1    2. To establish, oversee, manage, coordinate and facilitate the  plan-
     2  ning,  design and implementation of the state's racial equity and social
     3  justice action plan, such plan shall incorporate and embed racial equity
     4  and social justice principles and strategies into operations,  programs,
     5  service  policies and community engagement to eliminate inequity, insti-
     6  tutional racism and individual racism in the state,  and  shall  include
     7  racial equity and social justice training for all state employees.
     8    3.  To  advise  and  assist the state agencies in developing policies,
     9  plans and programs for eliminating institutional  racism  and  improving
    10  racial equity and social justice.
    11    4. To perform racial equity and social justice reviews and make recom-
    12  mendations for improving management and program effectiveness pertaining
    13  to  racial  equity and social justice, including, but not limited to, an
    14  annual racial equity and social justice  impact  statement  which  shall
    15  accompany the executive budget.
    16    5.  To  establish,  oversee, manage a racial equity and social justice
    17  advisory committee, the composition and  duties  of  such  committee  as
    18  determined by the director.
    19    § 328-h. Reporting.  The office shall submit a report to the governor,
    20  the speaker of the assembly and the temporary president of the senate no
    21  later than one year after the effective date of this article and annual-
    22  ly  thereafter.  Such  report  shall  contain,  at  minimum, information
    23  related to policy recommendations of the office and  the  activities  of
    24  the  racial  equity  and  social justice advisory committee. Such report
    25  shall also be published on the website of the office of the governor.
    26    § 2. This act shall take effect July 1, 2023.
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