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A08743 Summary:

BILL NOA08743
 
SAME ASSAME AS S07821
 
SPONSORNiou
 
COSPNSRBurdick
 
MLTSPNSR
 
Amd 170-e, Exec L; amd 1 & 3, Chap of 2021 (as proposed in S.6639-A & A.6896-A)
 
Relates to the collection of certain demographic information by certain state agencies, boards, departments and commissions; provides that the requirements shall not be effective for the department of labor, the division of criminal justice services, the office of mental health or office of temporary and disability assistance until July 1, 2024.
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A08743 Actions:

BILL NOA08743
 
01/11/2022referred to governmental operations
01/25/2022reported
01/27/2022advanced to third reading cal.327
02/14/2022substituted by s7821
 S07821 AMEND= SALAZAR
 01/12/2022REFERRED TO RULES
 01/24/2022ORDERED TO THIRD READING CAL.288
 02/01/2022PASSED SENATE
 02/01/2022DELIVERED TO ASSEMBLY
 02/01/2022referred to governmental operations
 02/14/2022substituted for a8743
 02/14/2022ordered to third reading cal.327
 02/14/2022passed assembly
 02/14/2022returned to senate
 02/24/2022DELIVERED TO GOVERNOR
 02/24/2022SIGNED CHAP.123
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A08743 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8743
 
SPONSOR: Niou
  TITLE OF BILL: 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 demo- graphic 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 demograph- ic 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   PURPOSE OR GENERAL IDEA OF BILL:, The purpose of this bill is to make amendments to Chapter 745 of the Laws of 2021.   SUMMARY OF PROVISIONS: This chapter amendment makes technical changes that determine which demographic groups have information collected and changes the effective date of the act.   JUSTIFICATION: While Asian Americans as well as Native Hawaiians and other Pacific Islanders are often misrepresented as a homogeneous group, they are an extremely diverse group, with ethnicities from over 30 different coun- tries. Although Asian American as well as Native Hawaiian and other Pacific Islander communities in this state share geographical and cultural commonalities, they also experience diverse social, educa- tional, health, and economic differences that are unique to their respective communities. Given the diversity of languages and cultures, separating data for additional Asian and additional Native Hawaiian and Pacific Islander ethnic groups and making the data publicly accessible are critical for enhancing our state's understanding of the needs and experiences of these different communities.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: 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 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. 6896A, takes effect.
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A08743 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8743
 
                   IN ASSEMBLY
 
                                    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:
 
     1    Section  1.  Section 170-e of the executive law, as added by a chapter
     2  of the laws of 2021, amending the executive law  relating  to  requiring
     3  the collection of certain demographic information by certain state agen-
     4  cies,  boards,  departments  and commissions, as proposed in legislative
     5  bills numbers S. 6639-A and A. 6896-A, is amended to read as follows:
     6    § 170-e. Collection of demographic information. 1. Every state agency,
     7  board, department, or commission that directly [or by contract] collects
     8  demographic data as to the ancestry or ethnic origin of residents of the
     9  state of New York shall use separate  collection  categories  and  tabu-
    10  lations  for the following Asian and Pacific Islander groups in New York
    11  state:
    12    (a) each major Asian group[, including, but  not  limited  to,]  shall
    13  include  Chinese,  Japanese, Filipino, Korean, Vietnamese, Asian Indian,
    14  [Laotian,  Cambodian,]  Bangladeshi,  [Hmong,  Indonesian,   Malaysian,]
    15  Pakistani, [Sri Lankan, Taiwanese, Nepalese, Burmese, Tibetan, and Thai]
    16  and  all  of the ten most populous Asian groups in the most recent five-
    17  year American community survey published by  the  United  States  Census
    18  Bureau; and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10834-04-2

        A. 8743                             2
 
     1    (b)  each  major  Pacific  Islander group[, including, but not limited
     2  to,] shall include Native Hawaiian, Guamanian and Chamorro, and Samoan[,
     3  Fijian and Tongan]; or
     4    (c)  collection categories shall include a category for other Asian or
     5  Pacific Island group.
     6    2. Every state agency, board, department, or commission that  directly
     7  [or  by contract] collects demographic data as to the ancestry or ethnic
     8  origin of residents  of  the  state  of  New  York  shall  use  separate
     9  collection categories and tabulations for the following:
    10    (a) the primary language spoken at home; and
    11    (b) the [ethic] ethnic group or ancestry.
    12    3.  Upon  the  release  of  a  new five-year American community survey
    13  published by the United States Census Bureau, every state agency, board,
    14  department or commission shall update their data collection and  report-
    15  ing  practices as required by this section and shall continue to collect
    16  and report on any demographic group no longer included in the  ten  most
    17  populous  groups  until  the release of the following five-year American
    18  community survey, at which time state agencies, boards,  departments  or
    19  commissions  may  cease to collect and report on such demographic groups
    20  provided they remain outside the ten most populous groups.
    21    4. The data collected pursuant to the different collection  categories
    22  and  tabulations  described  in  subdivision one of this section, to the
    23  degree that the data quality is sufficient, shall be included  in  every
    24  demographic  report  on  ancestry  or ethnic origins of residents of the
    25  state of New York by the state agency, board, department, or  commission
    26  published  or  released  on or after [July] December first, two thousand
    27  [twenty-two] twenty-three; provided, however, that for the department of
    28  labor, division of criminal justice services, office  of  mental  health
    29  and  office  of  temporary  and  disability assistance such requirements
    30  shall be effective July first, two thousand twenty-four. The data  shall
    31  be  made  available  to  the public in accordance with state and federal
    32  law, except for personal identifying information, which shall be  deemed
    33  confidential,  by posting the data on the internet web site of the agen-
    34  cy, board, department, or commission on or before [July] December first,
    35  two  thousand  [twenty-two]  twenty-three,  and   annually   thereafter;
    36  provided,  however, that for the department of labor, division of crimi-
    37  nal justice services, office of mental health and  office  of  temporary
    38  and  disability  assistance  such  requirements  shall be effective July
    39  first, two thousand twenty-four.  If the data quality is  determined  to
    40  be  insufficient for publication, an explanation of the problem with the
    41  data quality shall be included in any report or publication made  avail-
    42  able  to  the public. This subdivision shall not be construed to prevent
    43  any other state agency from posting data collected pursuant to  subdivi-
    44  sion  one  of  this  section  on  the agency's internet web site, in the
    45  manner prescribed by this section.
    46    5. The requirements of this section shall not apply to the  department
    47  of  labor,  the  division  of  criminal  justice services, the office of
    48  mental health or the office of temporary and disability assistance until
    49  two years after this section shall have become a law.
    50    § 2. Subdivision (c) of section 1 of a chapter of  the  laws  of  2021
    51  amending  the  executive  law  relating  to  requiring the collection of
    52  certain demographic  information  by  certain  state  agencies,  boards,
    53  departments and commissions, as proposed in legislative bills numbers S.
    54  6639-A and A. 6896-A, is amended to read as follows:
    55    (c) Existing state law requires state demographic data to be collected
    56  for  Asian  and some Native Hawaiian and Pacific Islander ethnic groups.

        A. 8743                             3
 
     1  However, additional ethnic groups reported by the United  States  Census
     2  Bureau  are  not  included that reflect changing demographics and intra-
     3  state migration patterns. [Most state  agencies  are  currently  not  in
     4  compliance  with  existing state law or have not made the collected data
     5  accessible.  Data should be updated on a regular basis and made accessi-
     6  ble to the public so that regional and local governments, elected  offi-
     7  cials,  decision  makers, and other stakeholders can use the information
     8  to strategically target programs for those most in need.]
     9    § 3. Section 3 of a chapter of the laws of 2021 amending the executive
    10  law relating to requiring the collection of certain demographic informa-
    11  tion by certain state agencies, boards, departments and commissions,  as
    12  proposed  in  legislative  bills  numbers  S.  6639-A  and A. 6896-A, is
    13  amended to read as follows:
    14    § 3. This act shall take effect on the one hundred [twentieth]  eight-
    15  ieth day after it shall have become a law.
    16    §  4.  This act shall take effect immediately; provided, however, that
    17  sections one and two of this act shall take effect on the same date  and
    18  in the same manner as a chapter of the laws of 2021, relating to requir-
    19  ing  the  collection of certain demographic information by certain state
    20  agencies, boards, departments and commissions, as proposed  in  legisla-
    21  tive bills numbers S. 6639-A and A. 6896-A, takes effect.
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