S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8209
 
                             I N  S E N A T E
 
                              April 17, 2020
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 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:

   Section 1. The executive law is amended by adding a new  article  15-D
 to read as follows:
                                ARTICLE 15-D
                OFFICE OF RACIAL EQUITY AND SOCIAL JUSTICE
 
 SECTION 328-E. DEFINITIONS.
         328-F. OFFICE  OF  RACIAL  EQUITY  AND SOCIAL JUSTICE; DIRECTOR,
                  ORGANIZATION AND EMPLOYEES.
         328-G. FUNCTIONS, POWERS AND DUTIES OF THE OFFICE.
   § 328-E. DEFINITIONS. AS USED IN THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "OFFICE" MEANS THE OFFICE OF RACIAL EQUITY AND SOCIAL JUSTICE.
   2.  "DIRECTOR"  MEANS  THE DIRECTOR OF THE OFFICE OF RACIAL EQUITY AND
 SOCIAL JUSTICE.
   3.  "EQUITY" MEANS FAIR AND JUST OPPORTUNITIES AND  OUTCOMES  FOR  ALL
 INDIVIDUALS.
   4.  "SOCIAL  JUSTICE"  MEANS EVERY INDIVIDUAL DESERVES TO BENEFIT FROM
 THE SAME ECONOMIC, POLITICAL AND SOCIAL RIGHTS AND  OPPORTUNITIES,  FREE
 FROM  HEALTH DISPARITIES, REGARDLESS OF RACE; SOCIOECONOMIC STATUS; AGE;
 SEX, INCLUDING ON THE BASIS OF GENDER IDENTITY OR ORIENTATION; RELIGION;
 DISABILITY; OR OTHER CHARACTERISTICS.
   5. "RACE" MEANS A SOCIAL CONSTRUCT THAT  ARTIFICIALLY  DIVIDES  PEOPLE
 INTO  DISTINCT  GROUPS BASED ON CHARACTERISTICS SUCH AS PHYSICAL APPEAR-
 ANCE,  INCLUDING  COLOR;  ANCESTRAL  HERITAGE;   CULTURAL   AFFILIATION;
 CULTURAL  HISTORY;  ETHNIC  CLASSIFICATION; AND THE SOCIAL, ECONOMIC AND
 POLITICAL NEEDS OF A SOCIETY AT A GIVEN PERIOD.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16132-02-0
              

 S. 8209                             2
 
   6. "INEQUITY" MEANS SYSTEMATIC AND PATTERNED DIFFERENCES IN WELL-BEING
 THAT DISADVANTAGE ONE GROUP IN FAVOR  OF  ANOTHER  CAUSED  BY  PAST  AND
 CURRENT DECISIONS, SYSTEMS OF POWER AND PRIVILEGE, AND POLICIES.
   7. "INDIVIDUAL RACISM" MEANS EXPLICIT OR IMPLICIT PRE-JUDGMENT BIAS OR
 DISCRIMINATION BY AN INDIVIDUAL BASED ON RACE.
   8.  "INSTITUTIONAL  RACISM"  MEANS POLICIES, PRACTICES, AND PROCEDURES
 THAT WORK BETTER FOR SOME MEMBERS OF A COMMUNITY THAN  OTHERS  BASED  ON
 RACE.
   9.  "RACIAL  EQUITY AND SOCIAL JUSTICE" MEANS CHANGES IN POLICY, PRAC-
 TICE 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.
   § 328-F. OFFICE OF RACIAL EQUITY AND SOCIAL JUSTICE; DIRECTOR,  ORGAN-
 IZATION AND EMPLOYEES. 1. THE OFFICE OF RACIAL EQUITY AND SOCIAL JUSTICE
 IS  HEREBY  CREATED WITHIN THE EXECUTIVE DEPARTMENT TO HAVE AND EXERCISE
 THE FUNCTIONS, POWERS AND DUTIES PROVIDED  BY  THE  PROVISIONS  OF  THIS
 ARTICLE AND ANY OTHER PROVISION OF LAW.
   2.  THE  HEAD  OF  THE OFFICE SHALL BE THE DIRECTOR OF THE OFFICE, WHO
 SHALL SERVE AS THE CHIEF EQUITY OFFICER FOR THE STATE OF  NEW  YORK  AND
 SHALL  BE  DESIGNATED  AS  MANAGEMENT CONFIDENTIAL IN THE NONCOMPETITIVE
 CLASS IN ACCORDANCE WITH THE CIVIL SERVICE LAW. THE  DIRECTOR  SHALL  BE
 THE  CHIEF EXECUTIVE OFFICER OF AND IN SOLE CHARGE OF THE ADMINISTRATION
 OF THE OFFICE. THE DIRECTOR SHALL BE ENTITLED TO  RECEIVE  REIMBURSEMENT
 FOR  EXPENSES  ACTUALLY  AND  NECESSARILY  INCURRED BY HIM OR HER IN THE
 PERFORMANCE OF HIS OR HER DUTIES.
   3. THE DIRECTOR MAY, FROM TIME TO TIME, CREATE, ABOLISH, TRANSFER  AND
 CONSOLIDATE  BUREAUS  AND  OTHER  UNITS  WITHIN THE OFFICE NOT EXPRESSLY
 ESTABLISHED BY LAW AS HE OR SHE MAY DETERMINE NECESSARY  FOR  THE  EFFI-
 CIENT  OPERATION  OF THE OFFICE, SUBJECT TO THE APPROVAL OF THE DIRECTOR
 OF THE BUDGET.
   4. THE DIRECTOR MAY APPOINT, IN ACCORDANCE WITH THE CIVIL SERVICE LAW,
 SUCH DEPUTIES, ASSISTANTS, AND OTHER OFFICERS AND EMPLOYEES,  COMMITTEES
 AND  CONSULTANTS AS HE OR SHE MAY DEEM NECESSARY, PRESCRIBE THEIR POWERS
 AND DUTIES, FIX THEIR COMPENSATION, AND  PROVIDE  FOR  REIMBURSEMENT  OF
 THEIR EXPENSES WITHIN THE AMOUNTS APPROPRIATED THEREFOR.
   5. THE DIRECTOR MAY REQUEST AND RECEIVE FROM ANY DEPARTMENT, DIVISION,
 BOARD,  BUREAU, COMMISSION OR OTHER AGENCY OF THE STATE OR ANY POLITICAL
 SUBDIVISION THEREOF OR ANY PUBLIC AUTHORITY, STAFF AND OTHER ASSISTANCE,
 INFORMATION, AND RESOURCES AS WILL ENABLE THE OFFICE TO  PROPERLY  CARRY
 OUT ITS FUNCTIONS, POWERS AND DUTIES.
   §  328-G. FUNCTIONS, POWERS AND DUTIES OF THE OFFICE. THE OFFICE SHALL
 HAVE THE FOLLOWING FUNCTIONS, POWERS AND DUTIES:
   1. 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.
   2. TO ESTABLISH, OVERSEE, MANAGE, COORDINATE AND FACILITATE THE  PLAN-
 NING,  DESIGN AND IMPLEMENTATION OF THE STATE'S RACIAL EQUITY AND SOCIAL
 JUSTICE ACTION PLAN, SUCH PLAN SHALL INCORPORATE AND EMBED RACIAL EQUITY
 AND SOCIAL JUSTICE PRINCIPLES AND STRATEGIES INTO OPERATIONS,  PROGRAMS,
 SERVICE  POLICIES AND COMMUNITY ENGAGEMENT TO ELIMINATE INEQUITY, INSTI-
 TUTIONAL RACISM AND INDIVIDUAL RACISM IN THE STATE,  AND  SHALL  INCLUDE
 RACIAL EQUITY AND SOCIAL JUSTICE TRAINING FOR ALL STATE EMPLOYEES.

 S. 8209                             3
 
   3.  TO  ADVISE  AND  ASSIST THE STATE AGENCIES IN DEVELOPING POLICIES,
 PLANS AND PROGRAMS FOR ELIMINATING INSTITUTIONAL  RACISM  AND  IMPROVING
 RACIAL EQUITY AND SOCIAL JUSTICE.
   4. TO PERFORM RACIAL EQUITY AND SOCIAL JUSTICE REVIEWS AND MAKE RECOM-
 MENDATIONS FOR IMPROVING MANAGEMENT AND PROGRAM EFFECTIVENESS PERTAINING
 TO  RACIAL  EQUITY AND SOCIAL JUSTICE, INCLUDING, BUT NOT LIMITED TO, AN
 ANNUAL RACIAL EQUITY AND SOCIAL JUSTICE  IMPACT  STATEMENT  WHICH  SHALL
 ACCOMPANY THE EXECUTIVE BUDGET.
   5.  TO  ESTABLISH,  OVERSEE, MANAGE A RACIAL EQUITY AND SOCIAL JUSTICE
 ADVISORY COMMITTEE, THE COMPOSITION AND  DUTIES  OF  SUCH  COMMITTEE  AS
 DETERMINED BY THE DIRECTOR.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.