S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8743
 
                           I N  A S S E M B L Y
 
                             January 11, 2022
                                ___________
 
 Introduced  by  M. of A. NIOU -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the executive law and a chapter  of  the  laws  of  2021
   amending  the  executive  law  relating to requiring the collection of
   certain demographic information by  certain  state  agencies,  boards,
   departments  and commissions, as proposed in legislative bills numbers
   S. 6639-A and A. 6896-A, 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 2021 amending
   the executive law relating to  requiring  the  collection  of  certain
   demographic information by certain state agencies, boards, departments
   and  commissions,  as  proposed in legislative bills numbers S. 6639-A
   and A. 6896-A, 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-e of the executive law, as added by a chapter
 of the laws of 2021, amending the executive law  relating  to  requiring
 the collection of certain demographic information by certain state agen-
 cies,  boards,  departments  and commissions, as proposed in legislative
 bills numbers S. 6639-A and A. 6896-A, is amended to read as follows:
   § 170-e. Collection of demographic information. 1. 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  tabu-
 lations  for the following ASIAN AND PACIFIC ISLANDER GROUPS IN NEW YORK
 STATE:
   (a) each major Asian group[, including, but  not  limited  to,]  SHALL
 INCLUDE  Chinese,  Japanese, Filipino, Korean, Vietnamese, Asian Indian,
 [Laotian,  Cambodian,]  Bangladeshi,  [Hmong,  Indonesian,   Malaysian,]
 Pakistani, [Sri Lankan, Taiwanese, Nepalese, Burmese, Tibetan, and Thai]
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10834-04-2
              

 A. 8743                             2
 
   (b)  each  major  Pacific  Islander group[, including, but not limited
 to,] SHALL INCLUDE NATIVE Hawaiian, Guamanian AND CHAMORRO, AND Samoan[,
 Fijian and Tongan]; 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
 [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) the primary language spoken at home; and
   (b) the [ethic] ETHNIC group or ancestry.
   3.  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. 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 [July] DECEMBER first, two thousand
 [twenty-two] 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 site of the agen-
 cy, board, department, or commission on or before [July] DECEMBER first,
 two  thousand  [twenty-two]  TWENTY-THREE,  and   annually   thereafter;
 PROVIDED,  HOWEVER, THAT FOR THE DEPARTMENT OF LABOR, DIVISION OF CRIMI-
 NAL 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  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.
   5. 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. Subdivision (c) of section 1 of a chapter of  the  laws  of  2021
 amending  the  executive  law  relating  to  requiring the collection of
 certain demographic  information  by  certain  state  agencies,  boards,
 departments and commissions, as proposed in legislative bills numbers S.
 6639-A and A. 6896-A, is amended to read as follows:
   (c) Existing state law requires state demographic data to be collected
 for  Asian  and some Native Hawaiian and Pacific Islander ethnic groups.
 A. 8743                             3
 
 However, additional 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 accessi-
 ble to the public so that regional and local governments, elected  offi-
 cials,  decision  makers, and other stakeholders can use the information
 to strategically target programs for those most in need.]
   § 3. Section 3 of a chapter of the laws of 2021 amending the executive
 law relating to requiring the collection of certain demographic informa-
 tion by certain state agencies, boards, departments and commissions,  as
 proposed  in  legislative  bills  numbers  S.  6639-A  and A. 6896-A, is
 amended to read as follows:
   § 3. This act shall take effect on the one hundred [twentieth]  EIGHT-
 IETH day after it shall have become a law.
   §  4.  This act shall take effect immediately; provided, however, that
 sections one and two of this act shall take effect on the same date  and
 in the same manner as a chapter of the laws of 2021, relating to requir-
 ing  the  collection of certain demographic information by certain state
 agencies, boards, departments and commissions, as proposed  in  legisla-
 tive bills numbers S. 6639-A and A. 6896-A, takes effect.