S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6341--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2025
                                ___________
 
 Introduced  by M. of A. LUCAS -- read once and referred to the Committee
   on Governmental Operations  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 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) Black Americans/African Americans, Afro-Caribbeans and Continental
 Africans  are  an  incredibly diverse group. Despite this diversity, the
 United States Office  of  Management  and  Budget's  Statistical  Policy
 Directive No. 15, entitled Race and Ethnic Standards for Federal Statis-
 tics and Administrative Reporting, has combined all the various ethnici-
 ties that are a part of those demographics into one "Black/African Amer-
 ican" category. This category was used in the 2020 United States Census.
 The  United  States  Census  Bureau  currently  reports data for all the
 different ethnicities under this category. Moreover, this simplification
 extends to other Afro-descendant populations, such as Afro-Latinos  from
 Central  and  South America. These individuals can choose to identify as
 either "Black/African American" or "Hispanic" according  to  the  direc-
 tive's  definition.  This  approach  has led to challenges in accurately
 representing the unique political and social needs within  this  broadly
 defined  category.  The  majority  of this group includes descendants of
 individuals who were enslaved and later emancipated in the U.S., while a
 smaller portion consists of people who have  immigrated  to  the  United
 States voluntarily and navigate its immigration laws.
   (b)  While  "Black/African  Americans"  are  often misrepresented as a
 homogeneous group, they are an extremely diverse group, with ethnicities
 from over 87 different countries. Although Black American/African Ameri-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08262-02-5
              

 A. 6341--A                          2
 
 can, Afro-Caribbean, Continental African communities and all other afro-
 population groups in this state share geographical  commonalities,  they
 also  experience  diverse  social,  educational,  health,  and  economic
 differences that are unique to their respective communities.
   (c) Existing state law requires state demographic data to be collected
 for  the  "Black/African  American"  ethnic/racial group. However, addi-
 tional ethnic groups reported by the United States Census Bureau are not
 included that reflect changing demographics  and  intra-state  migration
 patterns.  Most  state  agencies  are  currently  not in compliance with
 existing state law or have not made the collected data accessible.  Data
 should  be  updated on a regular basis and made accessible to the public
 so that regional and  local  governments,  elected  officials,  decision
 makers,  and other stakeholders can use the information to strategically
 target programs for those most in need.
   (d) Precedent has been set by the recent passing of chapter 745 of the
 laws of 2021, requiring the collection of certain  demographic  informa-
 tion  by certain state agencies, boards and commissions within the Asian
 American Pacific Islander communities. Precedent 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.
   (e) On January 26th, 2023, Dr. Karin Orvis, the Chief Statistician  of
 The United States, made an important announcement. She released a state-
 ment titled "Initial Proposals for Revising the Federal Race and Ethnic-
 ity Standards." This marks a significant step by the Office of the Chief
 Statistician  to  update  the  Office  of  Management and Budget's (OMB)
 statistical standards for race and ethnicity data collection and report-
 ing across Federal agencies, as outlined in Directive No. 15. Key points
 from Dr. Orvis's statement include:
   (i) The publication  of  initial  recommended  revisions.  These  were
 proposed by an Interagency Technical Working Group.
   (ii)  A call for public input. Dr. Orvis emphasized the desire to hear
 directly from the American public. Feedback from non-governmental stake-
 holders and the general public is crucial. It will  assist  the  Working
 Group in refining and finalizing its recommendations.
   (iii)  An  invitation  for everyone to share their thoughts. Dr. Orvis
 encourages individuals to provide personal insights and reactions to the
 proposals. This includes thoughts on how the changes may impact  differ-
 ent communities.
   "In  the  subsequent  report  from  the OMB, titled 'Major Themes From
 Initial Public Listening Sessions' on page 6, it is stated, 'Data Disag-
 gregation For The Black  Or  African  American  Population.'  Presenters
 supported  adding detailed categories within the Black or African Ameri-
 can minimum reporting category to enable identification  of  descendants
 of  enslaved Americans. Most presenters requested a new detailed catego-
 ry, such as 'American Freedmen' or  'American  Descendant  of  Slavery.'
 Disaggregated  data could then be used to allocate benefits for programs
 or initiatives."
   The overwhelming feedback  from  the  American  people  regarding  the
 "Black/African  American"  category was that it was unable to accurately
 collect the data necessary to adequately serve the different and diverse
 ethnic groups that fall under that single category.
   (f) In the New York City report titled "How  Communities  of  Interest
 Are  Evolving  in  New  York  City Today: Communities of Interest 2023,"
 submitted to the New York City Districting Commission during the  tenure
 A. 6341--A                          3
 
 of  the  late Dr. John Flateau as Executive Director, data were analyzed
 by ethnic group,  revealing  stark  differences  in  various  measurable
 metrics  for  each group. Outcomes like those highlighted in the report,
 along  with  their  solutions,  will continue to be overlooked and unad-
 dressed until New York State adopts a similar approach to data  compila-
 tion.
   (g) Given the diversity of languages and cultures, separating data for
 the  multiple  ethnic  groups that fall under the Black/African American
 category and making  the  data  publicly  accessible  are  critical  for
 enhancing  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
 A. 6341--A                          4
 
 shall  be  deemed  confidential, by posting the data on the internet web
 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 AFRO  GROUPS  IN
 NEW YORK STATE:
   (I)  "DESCENDANTS  OF  PERSONS  ENSALVED  IN  THE UNITED STATES" MEANS
 DESCENDANTS OF PERSONS ENSLAVED IN THE UNITED STATES AS DEFINED AS INDI-
 VIDUALS HISTORICALLY CLASSIFIED  AS  NEGROS,  COLORED,  MULATTO,  BLACK,
 BLACK-AMERICAN,  AND AFRICAN-AMERICAN 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.
   (II)  "CONTINENTAL  AFRICANS"  MEANS  INDIVIDUALS WITH ANCESTRY AND/OR
 CITIZENSHIP FROM THE CONTINENT OF AFRICA, INCLUDING, BUT NOT LIMITED TO,
 ONE OR MORE OF THE FOLLOWING COUNTRIES: ALGERIA, ANGOLA, BENIN,  BOTSWA-
 NA,  BURKINA FASO, BURUNDI, CABO VERDE, CAMEROON, CENTRAL AFRICAN REPUB-
 LIC, 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,
 MADAGASCAR,  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)  "AFRO-CARIBBEANS"  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 AFRO-LATINOS" MEANS INDIVIDUALS  WITH
 ANCESTRY  AND/OR  CITIZENSHIP FROM CENTRAL AND SOUTH AMERICAN COUNTRIES,
 INCLUDING, 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.
 A. 6341--A                          5
 
   (V) "OTHER AFRO GROUPS" MEANS INDIVIDUALS WHO IDENTIFY AS HAVING AFRI-
 CAN  ANCESTRY  OR  ETHNIC ORIGIN BUT DO NOT IDENTIFY AS ONE OF THE OTHER
 AFRO GROUPS DEFINED IN THIS PARAGRAPH.
   (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:
   (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-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 JULY FIRST, TWO THOUSAND TWENTY-SIX 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.