S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6219
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced  by  M. of A. GONZALEZ-ROJAS -- read once and referred to the
   Committee on Governmental Operations
 
 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:
 
   Section  1.  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. 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 Asian and Pacific Islander groups in New York state:
   (a) 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) each major Pacific Islander group shall include  Native  Hawaiian,
 Guamanian and Chamorro, and Samoan; or
   (c)  collection categories shall include a category for other Asian or
 Pacific Island group.
   2. EVERY STATE AGENCY, BOARD, DEPARTMENT, OR COMMISSION THAT  DIRECTLY
 COLLECTS  DEMOGRAPHIC  DATA AS TO THE ANCESTRY OR ETHNIC ORIGIN OF RESI-
 DENTS OF THE STATE OF NEW YORK SHALL USE SEPARATE COLLECTION  CATEGORIES
 AND TABULATIONS FOR THE WHITE GROUP IN NEW YORK STATE.
   3.  EVERY STATE AGENCY, BOARD, DEPARTMENT, OR COMMISSION THAT DIRECTLY
 COLLECTS DEMOGRAPHIC DATA AS TO THE ANCESTRY OR ETHNIC ORIGIN  OF  RESI-
 DENTS  OF THE STATE OF NEW YORK SHALL USE SEPARATE COLLECTION CATEGORIES
 AND TABULATIONS FOR THE FOLLOWING MIDDLE EASTERN OR NORTH AFRICAN GROUPS
 IN NEW YORK STATE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10311-02-3
              

 A. 6219                             2
 
   (A) EACH MAJOR MIDDLE EASTERN OR NORTH  AFRICAN  GROUP  SHALL  INCLUDE
 LEBANESE,  EGYPTIAN, ISRAELI, TURKISH, IRANIAN, SYRIAN, MOROCCAN, PALES-
 TINIAN, AND ALL OF THE TEN MOST POPULOUS MIDDLE EASTERN OR NORTH AFRICAN
 GROUPS IN THE MOST RECENT FIVE-YEAR AMERICAN COMMUNITY SURVEY  PUBLISHED
 BY THE UNITED STATES CENSUS BUREAU; OR
   (B)  COLLECTION  CATEGORIES  SHALL INCLUDE A CATEGORY FOR OTHER MIDDLE
 EASTERN OR NORTH AFRICAN GROUP.
   4. Every state agency, board, department, or commission that  directly
 collects  demographic  data as to the ancestry or ethnic origin of resi-
 dents of the state of New York shall use separate collection  categories
 and tabulations for the following:
   (a) the primary language spoken at home; and
   (b) the ethnic group or ancestry.
   [3.]  5. 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 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 agencies, boards,  departments  or
 commissions  may  cease to collect and report on such demographic groups
 provided they remain outside the ten most populous groups.
   [4.] 6. The data collected pursuant to the different collection  cate-
 gories  and tabulations described in subdivision one of this section, to
 the degree that the data quality is sufficient,  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, department, or commis-
 sion published or released on or  after  December  first,  two  thousand
 twenty-three; provided, however, that for the department of labor, divi-
 sion 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 site of the agency, board, depart-
 ment, or commission on or before December first,  two  thousand  twenty-
 three,  and annually thereafter; provided, however, that for the depart-
 ment of labor, division of criminal justice services, office  of  mental
 health  and  office of temporary and disability assistance such require-
 ments shall be effective July first, two thousand  twenty-four.  If  the
 data quality is determined to be insufficient for publication, an expla-
 nation  of  the  problem  with the data quality shall be included in any
 report or publication made available to the public.    This  subdivision
 shall  not  be  construed to prevent any other state agency from posting
 data collected pursuant to subdivision one of this section on the  agen-
 cy's internet web site, in the manner prescribed by this section.
   [5.]  7.  The  requirements  of  this  section  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 shall have become a law.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6219--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced  by M. of A. GONZALEZ-ROJAS, MAMDANI, RAGA, GALLAGHER, GLICK,
   SILLITTI, SIMON, BURDICK, FORREST, SEAWRIGHT,  FALL,  SHIMSKY,  LEVEN-
   BERG,  SAYEGH, BICHOTTE HERMELYN, CLARK, SIMONE, SHRESTHA -- read once
   and referred to the Committee on Governmental Operations --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  recommitted  to the Committee on Governmental
   Operations in accordance with Assembly Rule 3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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:
 
   Section 1. The executive law is amended by adding a new section  170-h
 to read as follows:
   §  170-H.  ADDITIONAL COLLECTION OF DEMOGRAPHIC INFORMATION.  1. 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 TABU-
 LATIONS FOR THE WHITE GROUP IN NEW YORK STATE, INCLUDING  THE  FOLLOWING
 MIDDLE EASTERN OR NORTH AFRICAN GROUPS IN NEW YORK STATE:
   (A)  EACH  MAJOR  NORTH AFRICAN (NA) GROUP, INCLUDING, BUT NOT LIMITED
 TO, EGYPTIAN, MOROCCAN, ALGERIAN, TUNISIAN, AND LIBYAN; AND
   (B) EACH MAJOR MIDDLE EASTERN (ME) GROUP, INCLUDING, BUT  NOT  LIMITED
 TO,  YEMENI,  IRANIAN,  PALESTINIAN,  IRAQI,  LEBANESE, ISRAELI, SYRIAN,
 ARMENIAN, AND SAUDI; AND
   (C) OTHER MIDDLE EASTERN AND NORTH AFRICAN (MENA)  GROUPS,  INCLUDING,
 BUT  NOT  LIMITED  TO,  TRANSNATIONAL  INDIGENOUS  MENA COMMUNITIES LIKE
 AMAZIGH AND SYRIAC PEOPLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10311-07-4
 A. 6219--B                          2
              

 
   2. EVERY STATE AGENCY, BOARD, DEPARTMENT, OR COMMISSION THAT  DIRECTLY
 COLLECTS  DEMOGRAPHIC  DATA AS TO THE ANCESTRY OR ETHNIC ORIGIN OF RESI-
 DENTS OF THE STATE OF NEW YORK SHALL ALLOW MULTIPLE  COLLECTION  CATEGO-
 RIES TO BE SELECTED.
   3.  THE DATA COLLECTED PURSUANT TO THE DIFFERENT COLLECTION CATEGORIES
 AND TABULATIONS DESCRIBED IN SUBDIVISION ONE OF  THIS  SECTION,  TO  THE
 DEGREE  THAT  THE DATA QUALITY IS SUFFICIENT, 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, DEPARTMENT, OR COMMISSION
 PUBLISHED OR RELEASED ON OR AFTER DECEMBER FIRST, TWO  THOUSAND  TWENTY-
 FIVE;  PROVIDED,  HOWEVER, THAT FOR THE DEPARTMENT OF LABOR, DIVISION OF
 CRIMINAL JUSTICE SERVICES, OFFICE OF MENTAL HEALTH AND OFFICE OF  TEMPO-
 RARY AND DISABILITY ASSISTANCE SUCH REQUIREMENTS SHALL BE EFFECTIVE JULY
 FIRST,  TWO THOUSAND TWENTY-SIX. 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 DECEMBER FIRST, TWO THOUSAND TWENTY-FIVE, 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-SIX. 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 SHALL NOT BE
 CONSTRUED  TO PREVENT ANY OTHER STATE AGENCY FROM POSTING DATA COLLECTED
 PURSUANT TO SUBDIVISION ONE OF THIS SECTION ON THE AGENCY'S INTERNET WEB
 SITE, IN THE MANNER PRESCRIBED BY THIS SECTION.
   4. THE REQUIREMENTS OF THIS SECTION 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 SHALL HAVE BECOME A LAW.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.