Bill Text: NY S07821 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to the collection of certain demographic information by certain state agencies, boards, departments and commissions; provides that the requirements shall not be effective for the department of labor, the division of criminal justice services, the office of mental health or office of temporary and disability assistance until July 1, 2024.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-02-24 - SIGNED CHAP.123 [S07821 Detail]
Download: New_York-2021-S07821-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7821 IN SENATE January 12, 2022 ___________ Introduced by Sen. SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the executive law and a chapter of the laws of 2021 amending the executive law relating to requiring the collection of certain demographic information by certain state agencies, boards, departments and commissions, as proposed in legislative bills numbers S. 6639-A and A. 6896-A, in relation to the collection of certain demographic information by certain state agencies, boards, departments and commissions; and to amend a chapter of the laws of 2021 amending the executive law relating to requiring the collection of certain demographic information by certain state agencies, boards, departments and commissions, as proposed in legislative bills numbers S. 6639-A and A. 6896-A, in relation to the effectiveness thereof 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 added by a chapter 2 of the laws of 2021, amending the executive law relating to requiring 3 the collection of certain demographic information by certain state agen- 4 cies, boards, departments and commissions, as proposed in legislative 5 bills numbers S. 6639-A and A. 6896-A, is amended to read as follows: 6 § 170-e. Collection of demographic information. 1. Every state agency, 7 board, department, or commission that directly [or by contract] collects 8 demographic data as to the ancestry or ethnic origin of residents of the 9 state of New York shall use separate collection categories and tabu- 10 lations for the following Asian and Pacific Islander groups in New York 11 state: 12 (a) each major Asian group[, including, but not limited to,] shall 13 include Chinese, Japanese, Filipino, Korean, Vietnamese, Asian Indian, 14 [Laotian, Cambodian,] Bangladeshi, [Hmong, Indonesian, Malaysian,] 15 Pakistani, [Sri Lankan, Taiwanese, Nepalese, Burmese, Tibetan, and Thai] 16 and all of the ten most populous Asian groups in the most recent five- 17 year American community survey published by the United States Census 18 Bureau; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10834-04-2S. 7821 2 1 (b) each major Pacific Islander group[, including, but not limited2to,] shall include Native Hawaiian, Guamanian and Chamorro, and Samoan[,3Fijian and Tongan]; or 4 (c) collection categories shall include a category for other Asian or 5 Pacific Island group. 6 2. Every state agency, board, department, or commission that directly 7 [or by contract] collects demographic data as to the ancestry or ethnic 8 origin of residents of the state of New York shall use separate 9 collection categories and tabulations for the following: 10 (a) the primary language spoken at home; and 11 (b) the [ethic] ethnic group or ancestry. 12 3. Upon the release of a new five-year American community survey 13 published by the United States Census Bureau, every state agency, board, 14 department or commission shall update their data collection and report- 15 ing practices as required by this section and shall continue to collect 16 and report on any demographic group no longer included in the ten most 17 populous groups until the release of the following five-year American 18 community survey, at which time state agencies, boards, departments or 19 commissions may cease to collect and report on such demographic groups 20 provided they remain outside the ten most populous groups. 21 4. The data collected pursuant to the different collection categories 22 and tabulations described in subdivision one of this section, to the 23 degree that the data quality is sufficient, shall be included in every 24 demographic report on ancestry or ethnic origins of residents of the 25 state of New York by the state agency, board, department, or commission 26 published or released on or after [July] December first, two thousand 27 [twenty-two] twenty-three; provided, however, that for the department of 28 labor, division of criminal justice services, office of mental health 29 and office of temporary and disability assistance such requirements 30 shall be effective July first, two thousand twenty-four. The data shall 31 be made available to the public in accordance with state and federal 32 law, except for personal identifying information, which shall be deemed 33 confidential, by posting the data on the internet web site of the agen- 34 cy, board, department, or commission on or before [July] December first, 35 two thousand [twenty-two] twenty-three, and annually thereafter; 36 provided, however, that for the department of labor, division of crimi- 37 nal justice services, office of mental health and office of temporary 38 and disability assistance such requirements shall be effective July 39 first, two thousand twenty-four. If the data quality is determined to 40 be insufficient for publication, an explanation of the problem with the 41 data quality shall be included in any report or publication made avail- 42 able to the public. This subdivision shall not be construed to prevent 43 any other state agency from posting data collected pursuant to subdivi- 44 sion one of this section on the agency's internet web site, in the 45 manner prescribed by this section. 46 5. The requirements of this section shall not apply to the department 47 of labor, the division of criminal justice services, the office of 48 mental health or the office of temporary and disability assistance until 49 two years after this section shall have become a law. 50 § 2. Subdivision (c) of section 1 of a chapter of the laws of 2021 51 amending the executive law relating to requiring the collection of 52 certain demographic information by certain state agencies, boards, 53 departments and commissions, as proposed in legislative bills numbers S. 54 6639-A and A. 6896-A, is amended to read as follows: 55 (c) Existing state law requires state demographic data to be collected 56 for Asian and some Native Hawaiian and Pacific Islander ethnic groups.S. 7821 3 1 However, additional ethnic groups reported by the United States Census 2 Bureau are not included that reflect changing demographics and intra- 3 state migration patterns. [Most state agencies are currently not in4compliance with existing state law or have not made the collected data5accessible. Data should be updated on a regular basis and made accessi-6ble to the public so that regional and local governments, elected offi-7cials, decision makers, and other stakeholders can use the information8to strategically target programs for those most in need.] 9 § 3. Section 3 of a chapter of the laws of 2021 amending the executive 10 law relating to requiring the collection of certain demographic informa- 11 tion by certain state agencies, boards, departments and commissions, as 12 proposed in legislative bills numbers S. 6639-A and A. 6896-A, is 13 amended to read as follows: 14 § 3. This act shall take effect on the one hundred [twentieth] eight- 15 ieth day after it shall have become a law. 16 § 4. This act shall take effect immediately; provided, however, that 17 sections one and two of this act shall take effect on the same date and 18 in the same manner as a chapter of the laws of 2021, relating to requir- 19 ing the collection of certain demographic information by certain state 20 agencies, boards, departments and commissions, as proposed in legisla- 21 tive bills numbers S. 6639-A and A. 6896-A, takes effect.