Senate Bill S3468B

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3468
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2021
                                ___________
 
 Introduced  by  Sens.  KENNEDY, ADDABBO, HARCKHAM, KAPLAN, KRUEGER, MAY,
   MAYER -- read twice and  ordered  printed,  and  when  printed  to  be
   committed to the Committee on Finance
 
 AN  ACT  to  amend  the  executive  law, in relation to establishing the
   office of racial equity and social justice

   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 article 15-D
 to read as follows:
                                ARTICLE 15-D
                OFFICE OF RACIAL EQUITY AND SOCIAL JUSTICE
 
 SECTION 328-E. DEFINITIONS.
         328-F. OFFICE OF RACIAL EQUITY  AND  SOCIAL  JUSTICE;  DIRECTOR,
                  ORGANIZATION AND EMPLOYEES.
         328-G. FUNCTIONS, POWERS AND DUTIES OF THE OFFICE.
   §  328-E.  DEFINITIONS.  AS  USED IN THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "OFFICE" MEANS THE OFFICE OF RACIAL EQUITY AND SOCIAL JUSTICE.
   2. "DIRECTOR" MEANS THE DIRECTOR OF THE OFFICE OF  RACIAL  EQUITY  AND
 SOCIAL JUSTICE.
   3.    "EQUITY"  MEANS FAIR AND JUST OPPORTUNITIES AND OUTCOMES FOR ALL
 INDIVIDUALS.
   4. "SOCIAL JUSTICE" MEANS EVERY INDIVIDUAL DESERVES  TO  BENEFIT  FROM
 THE  SAME  ECONOMIC, POLITICAL AND SOCIAL RIGHTS AND OPPORTUNITIES, FREE
 FROM HEALTH DISPARITIES, REGARDLESS OF RACE; SOCIOECONOMIC STATUS;  AGE;
 SEX, INCLUDING ON THE BASIS OF GENDER IDENTITY OR ORIENTATION; RELIGION;
 DISABILITY; OR OTHER CHARACTERISTICS.
   5.  "RACE"  MEANS  A SOCIAL CONSTRUCT THAT ARTIFICIALLY DIVIDES PEOPLE
 INTO DISTINCT GROUPS BASED ON CHARACTERISTICS SUCH AS  PHYSICAL  APPEAR-
 ANCE,   INCLUDING   COLOR;  ANCESTRAL  HERITAGE;  CULTURAL  AFFILIATION;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02437-01-1

 S. 3468                             2
 
 CULTURAL HISTORY; ETHNIC CLASSIFICATION; AND THE  SOCIAL,  ECONOMIC  AND
 POLITICAL NEEDS OF A SOCIETY AT A GIVEN PERIOD.
   6. "INEQUITY" MEANS SYSTEMATIC AND PATTERNED DIFFERENCES IN WELL-BEING
 THAT  DISADVANTAGE  ONE  GROUP  IN  FAVOR  OF ANOTHER CAUSED BY PAST AND
 CURRENT DECISIONS, SYSTEMS OF POWER AND PRIVILEGE, AND POLICIES.
   7. "INDIVIDUAL RACISM" MEANS EXPLICIT OR IMPLICIT PRE-JUDGMENT BIAS OR
 DISCRIMINATION BY AN INDIVIDUAL BASED ON RACE.
   8. "INSTITUTIONAL RACISM" MEANS POLICIES,  PRACTICES,  AND  PROCEDURES
 THAT  WORK  BETTER  FOR SOME MEMBERS OF A COMMUNITY THAN OTHERS BASED ON
 RACE.
   9. "RACIAL EQUITY AND SOCIAL JUSTICE" MEANS CHANGES IN  POLICY,  PRAC-
 TICE  AND  ALLOCATION  OF STATE RESOURCES SO THAT RACE OR SOCIAL JUSTICE
 CONSTRUCTS DO NOT PREDICT AN INDIVIDUAL'S SUCCESS, WHILE ALSO  IMPROVING
 OPPORTUNITIES AND OUTCOMES FOR ALL PEOPLE.
   §  328-F. OFFICE OF RACIAL EQUITY AND SOCIAL JUSTICE; DIRECTOR, ORGAN-
 IZATION AND EMPLOYEES. 1. THE OFFICE OF RACIAL EQUITY AND SOCIAL JUSTICE
 IS HEREBY CREATED WITHIN THE EXECUTIVE DEPARTMENT TO HAVE  AND  EXERCISE
 THE  FUNCTIONS,  POWERS  AND  DUTIES  PROVIDED BY THE PROVISIONS OF THIS
 ARTICLE AND ANY OTHER PROVISION OF LAW.
   2. THE HEAD OF THE OFFICE SHALL BE THE DIRECTOR  OF  THE  OFFICE,  WHO
 SHALL  SERVE  AS  THE CHIEF EQUITY OFFICER FOR THE STATE OF NEW YORK AND
 SHALL BE DESIGNATED AS MANAGEMENT  CONFIDENTIAL  IN  THE  NONCOMPETITIVE
 CLASS  IN  ACCORDANCE  WITH THE CIVIL SERVICE LAW. THE DIRECTOR SHALL BE
 THE CHIEF EXECUTIVE OFFICER OF AND IN SOLE CHARGE OF THE  ADMINISTRATION
 OF  THE  OFFICE. THE DIRECTOR SHALL BE ENTITLED TO RECEIVE REIMBURSEMENT
 FOR EXPENSES ACTUALLY AND NECESSARILY INCURRED BY  HIM  OR  HER  IN  THE
 PERFORMANCE OF HIS OR HER DUTIES.
   3.  THE DIRECTOR MAY, FROM TIME TO TIME, CREATE, ABOLISH, TRANSFER AND
 CONSOLIDATE BUREAUS AND OTHER UNITS  WITHIN  THE  OFFICE  NOT  EXPRESSLY
 ESTABLISHED  BY  LAW  AS HE OR SHE MAY DETERMINE NECESSARY FOR THE EFFI-
 CIENT OPERATION OF THE OFFICE, SUBJECT TO THE APPROVAL OF  THE  DIRECTOR
 OF THE BUDGET.
   4. THE DIRECTOR MAY APPOINT, IN ACCORDANCE WITH THE CIVIL SERVICE LAW,
 SUCH  DEPUTIES, ASSISTANTS, AND OTHER OFFICERS AND EMPLOYEES, COMMITTEES
 AND CONSULTANTS AS HE OR SHE MAY DEEM NECESSARY, PRESCRIBE THEIR  POWERS
 AND  DUTIES,  FIX  THEIR  COMPENSATION, AND PROVIDE FOR REIMBURSEMENT OF
 THEIR EXPENSES WITHIN THE AMOUNTS APPROPRIATED THEREFOR.
   5. THE DIRECTOR MAY REQUEST AND RECEIVE FROM ANY DEPARTMENT, DIVISION,
 BOARD, BUREAU, COMMISSION OR OTHER AGENCY OF THE STATE OR ANY  POLITICAL
 SUBDIVISION THEREOF OR ANY PUBLIC AUTHORITY, STAFF AND OTHER ASSISTANCE,
 INFORMATION,  AND  RESOURCES AS WILL ENABLE THE OFFICE TO PROPERLY CARRY
 OUT ITS FUNCTIONS, POWERS AND DUTIES.
   § 328-G. FUNCTIONS, POWERS AND DUTIES OF THE OFFICE. THE OFFICE  SHALL
 HAVE THE FOLLOWING FUNCTIONS, POWERS AND DUTIES:
   1.  TO  ACT AS THE OFFICIAL STATE PLANNING AND COORDINATING OFFICE FOR
 CHANGES IN POLICY, PRACTICE AND ALLOCATION OF STATE  RESOURCES  SO  THAT
 RACE  OR  SOCIAL  JUSTICE  CONSTRUCTS  DO  NOT  PREDICT  AN INDIVIDUAL'S
 SUCCESS, WHILE ALSO IMPROVING OPPORTUNITIES AND OUTCOMES FOR ALL PEOPLE,
 AND PERFORMING  ALL  NECESSARY  AND  APPROPRIATE  SERVICES  REQUIRED  TO
 FULFILL THESE DUTIES.
   2.  TO ESTABLISH, OVERSEE, MANAGE, COORDINATE AND FACILITATE THE PLAN-
 NING, DESIGN AND IMPLEMENTATION OF THE STATE'S RACIAL EQUITY AND  SOCIAL
 JUSTICE ACTION PLAN, SUCH PLAN SHALL INCORPORATE AND EMBED RACIAL EQUITY
 AND  SOCIAL JUSTICE PRINCIPLES AND STRATEGIES INTO OPERATIONS, PROGRAMS,
 SERVICE POLICIES AND COMMUNITY ENGAGEMENT TO ELIMINATE INEQUITY,  INSTI-

 S. 3468                             3
 
 TUTIONAL  RACISM  AND  INDIVIDUAL RACISM IN THE STATE, AND SHALL INCLUDE
 RACIAL EQUITY AND SOCIAL JUSTICE TRAINING FOR ALL STATE EMPLOYEES.
   3.  TO  ADVISE  AND  ASSIST THE STATE AGENCIES IN DEVELOPING POLICIES,
 PLANS AND PROGRAMS FOR ELIMINATING INSTITUTIONAL  RACISM  AND  IMPROVING
 RACIAL EQUITY AND SOCIAL JUSTICE.
   4. TO PERFORM RACIAL EQUITY AND SOCIAL JUSTICE REVIEWS AND MAKE RECOM-
 MENDATIONS FOR IMPROVING MANAGEMENT AND PROGRAM EFFECTIVENESS PERTAINING
 TO  RACIAL  EQUITY AND SOCIAL JUSTICE, INCLUDING, BUT NOT LIMITED TO, AN
 ANNUAL RACIAL EQUITY AND SOCIAL JUSTICE  IMPACT  STATEMENT  WHICH  SHALL
 ACCOMPANY THE EXECUTIVE BUDGET.
   5.  TO  ESTABLISH,  OVERSEE, MANAGE A RACIAL EQUITY AND SOCIAL JUSTICE
 ADVISORY COMMITTEE, THE COMPOSITION AND  DUTIES  OF  SUCH  COMMITTEE  AS
 DETERMINED BY THE DIRECTOR.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3468--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2021
                                ___________
 
 Introduced  by  Sens.  KENNEDY, ADDABBO, HARCKHAM, KAPLAN, KRUEGER, MAY,
   MAYER, REICHLIN-MELNICK -- read twice and ordered  printed,  and  when
   printed  to  be  committed  to  the  Committee on Finance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the executive  law,  in  relation  to  establishing  the
   office of racial equity and social justice
 
   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  article  15-D
 to read as follows:
                               ARTICLE 15-D
                OFFICE OF RACIAL EQUITY AND SOCIAL JUSTICE
 
 SECTION 328-E. DEFINITIONS.
         328-F. OFFICE  OF  RACIAL  EQUITY  AND SOCIAL JUSTICE; DIRECTOR,
                  ORGANIZATION AND EMPLOYEES.
         328-G. FUNCTIONS, POWERS AND DUTIES OF THE OFFICE.
   § 328-E. DEFINITIONS. AS USED IN THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "OFFICE" MEANS THE OFFICE OF RACIAL EQUITY AND SOCIAL JUSTICE.
   2.  "DIRECTOR"  MEANS  THE DIRECTOR OF THE OFFICE OF RACIAL EQUITY AND
 SOCIAL JUSTICE.
   3.  "EQUITY" MEANS FAIR AND JUST OPPORTUNITIES AND  OUTCOMES  FOR  ALL
 INDIVIDUALS.
   4.  "SOCIAL  JUSTICE"  MEANS EVERY INDIVIDUAL DESERVES TO BENEFIT FROM
 THE SAME ECONOMIC, POLITICAL AND SOCIAL RIGHTS AND  OPPORTUNITIES,  FREE
 FROM  HEALTH DISPARITIES, REGARDLESS OF RACE; SOCIOECONOMIC STATUS; AGE;
 SEX, INCLUDING ON THE BASIS OF GENDER IDENTITY OR ORIENTATION; RELIGION;
 DISABILITY; OR OTHER CHARACTERISTICS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02437-02-1
              

 S. 3468--A                          2
 
   5. "RACE" MEANS A SOCIAL CONSTRUCT THAT  ARTIFICIALLY  DIVIDES  PEOPLE
 INTO  DISTINCT  GROUPS BASED ON CHARACTERISTICS SUCH AS PHYSICAL APPEAR-
 ANCE,  INCLUDING  COLOR;  ANCESTRAL  HERITAGE;   CULTURAL   AFFILIATION;
 CULTURAL  HISTORY;  ETHNIC  CLASSIFICATION; AND THE SOCIAL, ECONOMIC AND
 POLITICAL NEEDS OF A SOCIETY AT A GIVEN PERIOD.
   6. "INEQUITY" MEANS SYSTEMATIC AND PATTERNED DIFFERENCES IN WELL-BEING
 THAT  DISADVANTAGE  ONE  GROUP  IN  FAVOR  OF ANOTHER CAUSED BY PAST AND
 CURRENT DECISIONS, SYSTEMS OF POWER AND PRIVILEGE, AND POLICIES.
   7. "INDIVIDUAL RACISM" MEANS EXPLICIT OR IMPLICIT PRE-JUDGMENT BIAS OR
 DISCRIMINATION BY AN INDIVIDUAL BASED ON RACE.
   8. "INSTITUTIONAL RACISM" MEANS POLICIES,  PRACTICES,  AND  PROCEDURES
 THAT  WORK  BETTER  FOR SOME MEMBERS OF A COMMUNITY THAN OTHERS BASED ON
 RACE.
   9. "RACIAL EQUITY AND SOCIAL JUSTICE" MEANS CHANGES IN  POLICY,  PRAC-
 TICE  AND  ALLOCATION  OF STATE RESOURCES SO THAT RACE OR SOCIAL JUSTICE
 CONSTRUCTS DO NOT PREDICT AN INDIVIDUAL'S SUCCESS, WHILE ALSO  IMPROVING
 OPPORTUNITIES AND OUTCOMES FOR ALL PEOPLE.
   §  328-F. OFFICE OF RACIAL EQUITY AND SOCIAL JUSTICE; DIRECTOR, ORGAN-
 IZATION AND EMPLOYEES. 1. THE OFFICE OF RACIAL EQUITY AND SOCIAL JUSTICE
 IS HEREBY CREATED WITHIN THE EXECUTIVE DEPARTMENT TO HAVE  AND  EXERCISE
 THE  FUNCTIONS,  POWERS  AND  DUTIES  PROVIDED BY THE PROVISIONS OF THIS
 ARTICLE AND ANY OTHER PROVISION OF LAW.
   2. THE HEAD OF THE OFFICE SHALL BE THE DIRECTOR  OF  THE  OFFICE,  WHO
 SHALL  SERVE  AS  THE CHIEF EQUITY OFFICER FOR THE STATE OF NEW YORK AND
 SHALL BE DESIGNATED AS MANAGEMENT  CONFIDENTIAL  IN  THE  NONCOMPETITIVE
 CLASS  IN  ACCORDANCE  WITH THE CIVIL SERVICE LAW. THE DIRECTOR SHALL BE
 THE CHIEF EXECUTIVE OFFICER OF AND IN SOLE CHARGE OF THE  ADMINISTRATION
 OF  THE  OFFICE. THE DIRECTOR SHALL BE ENTITLED TO RECEIVE REIMBURSEMENT
 FOR EXPENSES ACTUALLY AND NECESSARILY INCURRED BY  HIM  OR  HER  IN  THE
 PERFORMANCE OF HIS OR HER DUTIES.
   3.  THE DIRECTOR MAY, FROM TIME TO TIME, CREATE, ABOLISH, TRANSFER AND
 CONSOLIDATE BUREAUS AND OTHER UNITS  WITHIN  THE  OFFICE  NOT  EXPRESSLY
 ESTABLISHED  BY  LAW  AS HE OR SHE MAY DETERMINE NECESSARY FOR THE EFFI-
 CIENT OPERATION OF THE OFFICE, SUBJECT TO THE APPROVAL OF  THE  DIRECTOR
 OF THE BUDGET.
   4. THE DIRECTOR MAY APPOINT, IN ACCORDANCE WITH THE CIVIL SERVICE LAW,
 SUCH  DEPUTIES, ASSISTANTS, AND OTHER OFFICERS AND EMPLOYEES, COMMITTEES
 AND CONSULTANTS AS HE OR SHE MAY DEEM NECESSARY, PRESCRIBE THEIR  POWERS
 AND  DUTIES,  FIX  THEIR  COMPENSATION, AND PROVIDE FOR REIMBURSEMENT OF
 THEIR EXPENSES WITHIN THE AMOUNTS APPROPRIATED THEREFOR.
   5. THE DIRECTOR MAY REQUEST AND RECEIVE FROM ANY DEPARTMENT, DIVISION,
 BOARD, BUREAU, COMMISSION OR OTHER AGENCY OF THE STATE OR ANY  POLITICAL
 SUBDIVISION THEREOF OR ANY PUBLIC AUTHORITY, STAFF AND OTHER ASSISTANCE,
 INFORMATION,  AND  RESOURCES AS WILL ENABLE THE OFFICE TO PROPERLY CARRY
 OUT ITS FUNCTIONS, POWERS AND DUTIES.
   § 328-G. FUNCTIONS, POWERS AND DUTIES OF THE OFFICE. THE OFFICE  SHALL
 HAVE THE FOLLOWING FUNCTIONS, POWERS AND DUTIES:
   1.  TO  ACT AS THE OFFICIAL STATE PLANNING AND COORDINATING OFFICE FOR
 CHANGES IN POLICY, PRACTICE AND ALLOCATION OF STATE  RESOURCES  SO  THAT
 RACE  OR  SOCIAL  JUSTICE  CONSTRUCTS  DO  NOT  PREDICT  AN INDIVIDUAL'S
 SUCCESS, WHILE ALSO IMPROVING OPPORTUNITIES AND OUTCOMES FOR ALL PEOPLE,
 AND PERFORMING  ALL  NECESSARY  AND  APPROPRIATE  SERVICES  REQUIRED  TO
 FULFILL THESE DUTIES.
   2.  TO ESTABLISH, OVERSEE, MANAGE, COORDINATE AND FACILITATE THE PLAN-
 NING, DESIGN AND IMPLEMENTATION OF THE STATE'S RACIAL EQUITY AND  SOCIAL
 JUSTICE ACTION PLAN, SUCH PLAN SHALL INCORPORATE AND EMBED RACIAL EQUITY

 S. 3468--A                          3
 
 AND  SOCIAL JUSTICE PRINCIPLES AND STRATEGIES INTO OPERATIONS, PROGRAMS,
 SERVICE POLICIES AND COMMUNITY ENGAGEMENT TO ELIMINATE INEQUITY,  INSTI-
 TUTIONAL  RACISM  AND  INDIVIDUAL RACISM IN THE STATE, AND SHALL INCLUDE
 RACIAL EQUITY AND SOCIAL JUSTICE TRAINING FOR ALL STATE EMPLOYEES.
   3.  TO  ADVISE  AND  ASSIST THE STATE AGENCIES IN DEVELOPING POLICIES,
 PLANS AND PROGRAMS FOR ELIMINATING INSTITUTIONAL  RACISM  AND  IMPROVING
 RACIAL EQUITY AND SOCIAL JUSTICE.
   4. TO PERFORM RACIAL EQUITY AND SOCIAL JUSTICE REVIEWS AND MAKE RECOM-
 MENDATIONS FOR IMPROVING MANAGEMENT AND PROGRAM EFFECTIVENESS PERTAINING
 TO  RACIAL  EQUITY AND SOCIAL JUSTICE, INCLUDING, BUT NOT LIMITED TO, AN
 ANNUAL RACIAL EQUITY AND SOCIAL JUSTICE  IMPACT  STATEMENT  WHICH  SHALL
 ACCOMPANY THE EXECUTIVE BUDGET.
   5.  TO  ESTABLISH,  OVERSEE, MANAGE A RACIAL EQUITY AND SOCIAL JUSTICE
 ADVISORY COMMITTEE, THE COMPOSITION AND  DUTIES  OF  SUCH  COMMITTEE  AS
 DETERMINED BY THE DIRECTOR.
   § 2. This act shall take effect April 1, 2022.