S T A T E   O F   N E W   Y O R K
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                                  7664--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 28, 2025
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08262-07-5
              

 S. 7664--A                          2
 
 from over 87 different countries. Although Black American/African Ameri-
 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) Precedent has also been set when California officially implemented
 a  policy,  effective  January  1, 2024, that requires state agencies to
 collect demographic data specifically for African  American  descendants
 of persons enslaved in the United States. This initiative is part of the
 states ongoing efforts to address reparations and acknowledge the unique
 experiences  of  these  individuals.  The  policy,  guided by California
 Government Code Section 8310.6, mandates  that  the  State  Controller's
 Office  and  the  Department  of Human Resources collect and report this
 data separately from other Black or  African  American  groups,  distin-
 guishing  between  those  who  are descendants of U.S. slavery and those
 whose ancestry does not include U.S. enslavement.
   (f) 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-
 S. 7664--A                          3

 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.
   (g) March 28, 2024 - The Office of Management and Budget  (OMB)  offi-
 cially  published  its  updated  standards  for  race  and ethnicity, as
 outlined in Statistical Policy Directive No.  15,  on  March  28,  2024.
 Federal  agencies  are now required to begin implementing these changes,
 which include the disaggregation of  the  "Black  or  African  American"
 category  into more specific identities such as African American, Jamai-
 can, Nigerian, Haitian, Ethiopian, and Somali, with an additional write-
 in option for identities  like  Trinidadian  and  Tobagonian,  Ghanaian,
 Congolese,  and others. African Americans, who were historically classi-
 fied as Negro, Colored, or Mulatto, now have their own distinct  catego-
 ry.  This  change reflects the diversity within the Black population and
 lays the groundwork for future advocacy around lineage-based identifica-
 tion for descendants of U.S. slavery. The final deadline for full imple-
 mentation and compliance-including integration into the  U.S.  Census-is
 set for March 28, 2029.
   (h)  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
 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.
   (i) 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.
 S. 7664--A                          4
 
   [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
 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) "DESCENDANT OF A PERSON ENSLAVED IN THE UNITED  STATES"  MEANS  AN
 INDIVIDUAL HISTORICALLY CLASSIFIED AS AMERICAN FREEDMEN, NEGRO, COLORED,
 MULATTO,  BLACK,  BLACK-AMERICAN, AND AFRICAN-AMERICAN WITH AT LEAST ONE
 ANCESTOR WHO WAS ENSLAVED OR SUBJECT TO CHATTEL SLAVERY  IN  THE  UNITED
 S. 7664--A                          5
 
 STATES,  WERE EMANCIPATED VIA THE 1863 EMANCIPATION PROCLAMATION AND THE
 THIRTEENTH AMENDMENT OF 1865 AND GIVEN THE STATUS OF FREEDMEN.
   (II)  "CONTINENTAL  AFRICAN"  MEANS AN INDIVIDUAL 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-CARIBBEAN" MEANS AN INDIVIDUAL 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-LATINO" MEANS AN INDIVIDUAL 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.
   (V) "OTHER AFRO GROUPS" MEANS AN INDIVIDUAL WHO IDENTIFIES  AS  HAVING
 AFRICAN  ANCESTRY  OR  ETHNIC ORIGIN BUT DOES 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.