Assembly Bill A10245

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10245
 
                           I N  A S S E M B L Y
 
                               May 15, 2024
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Lucas) --
   read once and referred to the Committee on Governmental Operations
 
 AN ACT to  amend  the  executive  law,  in  relation  to  requiring  the
   collection  of  certain  demographic  information  by  state agencies,
   boards, departments and commissions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  intent.  The  legislature  hereby  finds and
 declares the following:
   (a) American Freedmen, descendants of persons enslaved in  the  United
 States,  Black Caribbean, Black African, and the Black Central and South
 American immigrant populations  are  the  most  diverse  in  the  United
 States.    The  vast majority of the group consist of American Freedmen,
 people who were trafficked against their will to the US via the Transat-
 lantic Slave Trade, a minority group consisting of persons who voluntar-
 ily immigrated to the United States.
   (b) While Black/African Americans are often misrepresented as a  homo-
 geneous  group,  they  are  an extremely diverse group, with ethnicities
 from over 87 different  countries.  Although  American  Freedmen,  Black
 Caribbean  Immigrants,  African  Immigrants,  and those from Central and
 South America in this state share geographical commonalities, they expe-
 rience different social, educational, health, and economic outcomes that
 are unique to their respective communities.
   (c) Existing state law requires state demographic data to be collected
 for Black/African American as a singular ethnic group. However,  preced-
 ence  has been set by both the recent passing of chapter 745 of the laws
 of 2021 requiring the collection of certain demographic  information  by
 certain state agencies, boards and commissions within the Asian American
 Pacific  Islander  communities.  Precedence  was also set on the 2020 US
 census which disaggregated both Asian  and  Latino  groups.  The  United
 States  Census  Bureau currently reports data for more than 20 different
 ethnicities within the "Asian" & "Native  Hawaiians  and  Other  Pacific
 Islanders" categories alone.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14485-01-4
              

 A. 10245                            2
 
   (d)  State  agencies should collect and update data on a regular basis
 and make it accessible to the public so that regional and local  govern-
 ments,  elected  officials,  decision makers, and other stakeholders can
 use the information to strategically target programs for those  most  in
 need.
   (e)  Given  the diversity of languages, cultures, and specific histor-
 ical oppression, separating data between Black/African  American  ethnic
 groups  and making the data publicly accessible are critical for enhanc-
 ing our state's understanding of the  needs  and  experiences  of  these
 different communities.
   §  2. Section 170-e of the executive law, as amended by chapter 123 of
 the laws of 2022, is amended to read as follows:
   § 170-e. Collection of demographic information.  1.  (A)  Every  state
 agency,  board,  department,  or commission that directly collects demo-
 graphic data as to the ancestry or ethnic origin  of  residents  of  the
 state  of  New  York  shall use separate collection categories and tabu-
 lations for the following Asian and Pacific Islander groups in New  York
 state:
   [(a)]  (I)  each  major  Asian  group shall include Chinese, Japanese,
 Filipino, Korean, Vietnamese, Asian Indian, Bangladeshi, Pakistani,  and
 all  of  the ten most populous Asian groups in the most recent five-year
 American community survey published by the United States Census  Bureau;
 and
   [(b)]  (II)  each  major  Pacific  Islander group shall include Native
 Hawaiian, Guamanian and Chamorro, and Samoan; or
   [(c)] (III) collection categories shall include a category  for  other
 Asian or Pacific Island group.
   [2.]  (B)  Every  state  agency, board, department, or commission that
 directly collects demographic data as to the ancestry or  ethnic  origin
 of  residents  of  the  state  of New York shall use separate collection
 categories and tabulations for the following:
   [(a)] (I) the primary language spoken at home; and
   [(b)] (II) the ethnic group or ancestry.
   [3.] (C) Upon the release of a new five-year American community survey
 published by the United States Census Bureau, every state agency, board,
 department or commission shall update their data collection and  report-
 ing  practices  as  required  by  this  [section]  SUBDIVISION and shall
 continue to collect and  report  on  any  demographic  group  no  longer
 included  in  the  ten  most  populous  groups  until the release of the
 following five-year American community survey, at which time state agen-
 cies, boards, departments or commissions may cease to collect and report
 on such demographic groups provided they remain  outside  the  ten  most
 populous groups.
   [4.] (D) The data collected pursuant to the different collection cate-
 gories  and  tabulations  described in PARAGRAPH (A) OF THIS subdivision
 [one of this section], to the degree that the  data  quality  is  suffi-
 cient,  shall  be  included  in  every demographic report on ancestry or
 ethnic origins of residents of the state of New York by the state  agen-
 cy,  board,  department, or commission published or released on or after
 December first, two thousand twenty-three; provided, however,  that  for
 the  department  of labor, division of criminal justice services, office
 of mental health and office of temporary and disability assistance  such
 requirements  shall  be  effective July first, two thousand twenty-four.
 The data shall be made available to the public in accordance with  state
 and  federal  law,  except  for  personal identifying information, which
 shall be deemed confidential, by posting the data on  the  internet  web
 A. 10245                            3
 
 site of the agency, board, department, or commission on or before Decem-
 ber first, two thousand twenty-three, and annually thereafter; provided,
 however,  that for the department of labor, division of criminal justice
 services, office of mental health and office of temporary and disability
 assistance such requirements shall be effective July first, two thousand
 twenty-four.  If  the  data quality is determined to be insufficient for
 publication, an explanation of the problem with the data  quality  shall
 be  included  in any report or publication made available to the public.
 This [subdivision] PARAGRAPH shall not be construed to prevent any other
 state agency from posting data collected pursuant to  PARAGRAPH  (A)  OF
 THIS  subdivision  [one  of  this  section] on the agency's internet web
 site, in the manner prescribed by this [section] SUBDIVISION.
   [5.] (E) The requirements of  this  [section]  SUBDIVISION  shall  not
 apply  to  the  department  of  labor,  the division of criminal justice
 services, the office of mental health or the  office  of  temporary  and
 disability  assistance  until two years after this [section] SUBDIVISION
 shall have become a law.
   2. (A) EVERY STATE  AGENCY,  BOARD,  DEPARTMENT,  OR  COMMISSION  THAT
 DIRECTLY  OR BY CONTRACT COLLECTS DEMOGRAPHIC DATA AS TO THE ANCESTRY OR
 ETHNIC ORIGIN OF RESIDENTS OF THE STATE OF NEW YORK SHALL  USE  SEPARATE
 COLLECTION  CATEGORIES AND TABULATIONS FOR THE FOLLOWING BLACK GROUPS IN
 NEW YORK STATE:
   (I) "BLACK/AFRICAN AMERICANS" MEANS DESCENDANTS OF PERSONS ENSLAVED IN
 THE UNITED STATES AS DEFINED AS INDIVIDUALS HISTORICALLY  CLASSIFIED  AS
 NEGROS,  COLORED,  MULATTO,  BLACK,  WITH  AT LEAST ONE ANCESTOR WHO WAS
 ENSLAVED OR SUBJECT TO CHATTEL SLAVERY IN THE UNITED STATES, WERE  EMAN-
 CIPATED VIA THE 1863 EMANCIPATION PROCLAMATION AND THE THIRTEENTH AMEND-
 MENT  OF  1865  AND  GIVEN THE STATUS OF FREEDMEN BY WAY OF THE FREEDMEN
 ACTS OF 1865.
   (II) "AFRICAN BLACKS" MEANS INDIVIDUALS WITH ANCESTRY AND  CITIZENSHIP
 FROM THE CONTINENT OF AFRICA, INCLUDING, BUT NOT LIMITED TO, ONE OR MORE
 OF  THE  FOLLOWING  COUNTRIES: ALGERIA, ANGOLA, BENIN, BOTSWANA, BURKINA
 FASO, BURUNDI, CABO VERDE, CAMEROON,  CENTRAL  AFRICAN  REPUBLIC,  CHAD,
 COMOROS,  COTE  D'IVOIRE,  DEMOCRATIC  REPUBLIC  OF THE CONGO, DJIBOUTI,
 EGYPT, EQUATORIAL GUINEA, ERITREA, ESWATINI,  ETHIOPIA,  GABON,  GAMBIA,
 GHANA,  GUINEA,  GUINEA-BISSAU, KENYA, LESOTHO, LIBERIA, LIBYA, MADAGAS-
 CAR, MALAWI, MALI, MAURITANIA, MAURITIUS, MOROCCO, MOZAMBIQUE,  NAMIBIA,
 NIGER,  NIGERIA,  REPUBLIC  OF THE CONGO, RWANDA, SAO TOME AND PRINCIPE,
 SENEGAL, SEYCHELLES, SIERRA LEONE, SOMALIA, SOUTH AFRICA,  SOUTH  SUDAN,
 SUDAN, TANZANIA, TOGO, TUNISIA, UGANDA, ZAMBIA, OR ZIMBABWE.
   (III)  "CARIBBEAN BLACKS" MEANS INDIVIDUALS WITH ANCESTRY AND CITIZEN-
 SHIP FROM CARIBBEAN COUNTRIES, INCLUDING, BUT NOT LIMITED TO ONE OR MORE
 OF THE FOLLOWING COUNTRIES: BELIZE, PUERTO RICO, CUBA,  JAMAICA,  HAITI,
 TRINIDAD  AND  TOBAGO,  GUYANA, BARBADOS, GRENADA, ST. CROIX, ST. KITTS,
 THE BAHAMAS, AND THE DOMINICAN REPUBLIC, ETC.
   (IV) "CENTRAL AND SOUTH AMERICAN BLACKS" MEANS INDIVIDUALS WITH ANCES-
 TRY AND CITIZENSHIP FROM CENTRAL AND SOUTH AMERICAN  COUNTRIES,  INCLUD-
 ING,  BUT NOT LIMITED TO ONE OR MORE OF THE FOLLOWING COUNTRIES: BELIZE,
 COSTA RICA, EL SALVADOR, GUATEMALA, HONDURAS, MEXICO, NICARAGUA, PANAMA,
 ARGENTINA, BOLIVIA, BRAZIL,  CHILE,  COLOMBIA,  ECUADOR,  FRENCH  GUIANA
 (DEPARTEMENT  OF  FRANCE), GUYANA, PARAGUAY, PERU, SURINAME, URUGUAY, OR
 VENEZUELA.
   (B) EVERY STATE AGENCY, BOARD, DEPARTMENT, OR COMMISSION THAT DIRECTLY
 OR BY CONTRACT COLLECTS DEMOGRAPHIC DATA AS TO THE  ANCESTRY  OR  ETHNIC
 ORIGIN  OF  RESIDENTS  OF  THE  STATE  OF  NEW  YORK  SHALL USE SEPARATE
 COLLECTION CATEGORIES AND TABULATIONS FOR THE FOLLOWING:
 A. 10245                            4
 
   (I) THE PRIMARY LANGUAGE SPOKEN AT HOME; AND
   (II) THE ETHNIC GROUP OR ANCESTRY.
   (C) THE DATA COLLECTED PURSUANT TO THE DIFFERENT COLLECTION CATEGORIES
 AND  TABULATIONS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE
 INCLUDED IN EVERY DEMOGRAPHIC REPORT ON ANCESTRY OR  ETHNIC  ORIGINS  OF
 RESIDENTS  OF  THE STATE OF NEW YORK BY THE STATE AGENCY, BOARD, DEPART-
 MENT, OR COMMISSION PUBLISHED OR RELEASED ON OR AFTER  JULY  FIRST,  TWO
 THOUSAND  TWENTY-FIVE. THE DATA SHALL BE MADE AVAILABLE TO THE PUBLIC IN
 ACCORDANCE WITH STATE AND FEDERAL LAW, EXCEPT FOR  PERSONAL  IDENTIFYING
 INFORMATION,  WHICH SHALL BE DEEMED CONFIDENTIAL, BY POSTING THE DATA ON
 THE INTERNET WEB SITE OF THE AGENCY, BOARD, DEPARTMENT, OR COMMISSION ON
 OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-FIVE AND ANNUALLY  THEREAFTER.
 THIS  PARAGRAPH SHALL NOT BE CONSTRUED TO PREVENT ANY OTHER STATE AGENCY
 FROM POSTING DATA COLLECTED PURSUANT TO PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION ON THE AGENCY'S INTERNET WEB SITE, IN THE MANNER PRESCRIBED BY THIS
 SUBDIVISION.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.