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This entry was published on 2022-06-24
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SECTION 170-E*2
Collection of demographic information
Executive (EXC) CHAPTER 18, ARTICLE 7
* § 170-e. 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
tabulations for the following Asian and Pacific Islander groups in New
York state:

(a) 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) each major Pacific Islander group shall include Native Hawaiian,
Guamanian and Chamorro, and Samoan; 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
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 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
reporting 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 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 December 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 shall not be construed to prevent any other state
agency from posting data collected pursuant to subdivision 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.

* NB There are 2 § 170-e's