The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1359
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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-H. REPORTING.
   § 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.
                                                            LBD03131-01-3

 S. 1359                             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, WHO  SHALL  SERVE  AS
 THE  CHIEF EQUITY OFFICER FOR THE STATE OF NEW YORK.  THE DIRECTOR SHALL
 BE APPOINTED BY THE GOVERNOR WITH THE CONSENT AND APPROVAL OF THE SENATE
 AND RECEIVE A SALARY TO BE FIXED BY  THE  GOVERNOR  WITHIN  THE  AMOUNTS
 APPROPRIATED THEREFOR.
   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 THE DIRECTOR 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 ASSISTANTS, AND OTHER OFFICERS AND EMPLOY-
 EES, COMMITTEES AND CONSULTANTS AS  THE  DIRECTOR  MAY  DEEM  NECESSARY,
 PRESCRIBE  THEIR  POWERS  AND  DUTIES, FIX THEIR COMPENSATION 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  ANY  INFORMATION
 AND  RESOURCES  THAT  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-
 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.
 S. 1359                             3
 
   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.
   § 328-H. REPORTING.  THE OFFICE SHALL SUBMIT A REPORT TO THE GOVERNOR,
 THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE NO
 LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS ARTICLE AND ANNUAL-
 LY  THEREAFTER.  SUCH  REPORT  SHALL  CONTAIN,  AT  MINIMUM, INFORMATION
 RELATED TO POLICY RECOMMENDATIONS OF THE OFFICE AND  THE  ACTIVITIES  OF
 THE  RACIAL  EQUITY  AND  SOCIAL JUSTICE ADVISORY COMMITTEE. SUCH REPORT
 SHALL ALSO BE PUBLISHED ON THE WEBSITE OF THE OFFICE OF THE GOVERNOR.
   § 2. This act shall take effect July 1, 2024.