Relates to the collection of certain demographic information by certain state agencies, boards, departments and commissions, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    811
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law, 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
   2024  amending the executive law relating to the collection of certain
   demographic information by certain state agencies, boards, departments
   and commissions, as proposed in legislative bills  numbers  S.  6584-C
   and A.  6219-B, in relation to the effectiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 170-h of the executive law, as added by  a  chapter
 of  the  laws  of  2024  amending  the  executive  law  relating  to the
 collection of certain demographic information by certain state agencies,
 boards, departments and commissions, as proposed  in  legislative  bills
 numbers S.  6584-C and A. 6219-B, is amended 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] FOLLOWING MIDDLE EASTERN AND NORTH AFRICAN
 GROUPS 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,] SHALL INCLUDE Egyptian, Moroccan, Algerian, SUDANESE, Tunisian, and
 Libyan; and
   (b) Each major Middle Eastern (ME) group[, including, but not  limited
 to,] SHALL INCLUDE Yemeni, Iranian, Palestinian, Iraqi, Lebanese, Israe-
 li, JORDANIAN, Syrian, Armenian, and Saudi; and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02855-01-5
 S. 811                              2
 
   (c)  [Other Middle Eastern and North African (MENA) groups, including,
 but not limited  to,  transnational  indigenous  MENA  communities  like
 Amazigh and Syriac people] COLLECTION CATEGORIES SHALL INCLUDE A CATEGO-
 RY FOR OTHER MIDDLE EASTERN OR NORTH AFRICAN GROUPS.
   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] JANUARY first, two thousand
 [twenty-five; 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-six] TWENTY-SEVEN. 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  agen-
 cy,  board,  department,  or  commission on or before [December] JANUARY
 first, two thousand [twenty-five] TWENTY-SEVEN, and  annually  thereaft-
 er[;  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]. 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  avail-
 able  to the public.  This subdivision shall not be construed to prevent
 any other state agency from posting data collected pursuant to  subdivi-
 sion  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.]
   3.  A  STATE  AGENCY, BOARD, OR COMMISSION THAT CANNOT COMPLY WITH THE
 REQUIREMENTS  OF THIS SECTION SHALL, AT  LEAST  SIXTY  DAYS  BEFORE  THE
 APPLICABLE  DEADLINE,  POST PUBLICLY ON ITS WEB SITE A WRITTEN  PROGRESS
 REPORT THAT DESCRIBES WITH SPECIFICITY THE STEPS THE AGENCY,  BOARD,  OR
 COMMISSION  HAS TAKEN TO COMPLY WITH THIS SECTION, THE IMPEDIMENTS  THAT
 PREVENTED COMPLIANCE, THE EFFORTS UNDERTAKEN BY THE  AGENCY,  BOARD,  OR
 COMMISSION  TO  COME  INTO  COMPLIANCE,  AND  AN ESTIMATED TIMEFRAME FOR
 COMPLIANCE. THE WRITTEN REPORT SHALL BE UPDATED EVERY  SIX  MONTHS  FROM
 THE DATE OF THE ORIGINAL POSTING.
   § 2. Section 2 of a chapter of the laws of 2024 amending the executive
 law  relating  to  the  collection of certain demographic information by
 certain state agencies, boards, departments and commissions, as proposed
 in legislative bills numbers S. 6584-C and A. 6219-B, is amended to read
 as follows:
   § 2. This act shall take effect [on  the  one  hundred  twentieth  day
 after  it  shall have become a law] JULY 1, 2026. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.
 S. 811                              3
 
   § 3. This act shall take effect immediately;  provided  however,  that
 section  one  of  this act shall take effect on the same date and in the
 same manner as a chapter of the laws of 2024 amending the executive  law
 relating to the collection of certain demographic information by certain
 state  agencies,  boards,  departments  and  commissions, as proposed in
 legislative bills numbers S. 6584-C and A. 6219-B, takes effect.