Bill Text: NY A04187 | 2023-2024 | General Assembly | Introduced


Bill Title: Establishes the office of racial equity and social justice 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.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2023-06-05 - substituted by s1359 [A04187 Detail]

Download: New_York-2023-A04187-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          4187

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 10, 2023
                                       ___________

        Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
          Committee on Governmental Operations

        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:

     1    Section 1. The executive law is amended by adding a new  article  15-D
     2  to read as follows:
     3                                ARTICLE 15-D
     4                 OFFICE OF RACIAL EQUITY AND SOCIAL JUSTICE

     5  Section 328-e. Definitions.
     6          328-f. Office  of  racial  equity  and social justice; director,
     7                   organization and employees.
     8          328-g. Functions, powers and duties of the office.
     9          328-h. Reporting.
    10    § 328-e. Definitions. As used in this  article,  the  following  terms
    11  shall have the following meanings:
    12    1. "Office" means the office of racial equity and social justice.
    13    2.  "Director"  means  the director of the office of racial equity and
    14  social justice.
    15    3.  "Equity" means fair and just opportunities and  outcomes  for  all
    16  individuals.
    17    4.  "Social  justice"  means every individual deserves to benefit from
    18  the same economic, political and social rights and  opportunities,  free
    19  from  health disparities, regardless of race; socioeconomic status; age;
    20  sex, including on the basis of gender identity or orientation; religion;
    21  disability; or other characteristics.
    22    5. "Race" means a social construct that  artificially  divides  people
    23  into  distinct  groups based on characteristics such as physical appear-
    24  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

        A. 4187                             2

     1  cultural  history;  ethnic  classification; and the social, economic and
     2  political needs of a society at a given period.
     3    6. "Inequity" means systematic and patterned differences in well-being
     4  that  disadvantage  one  group  in  favor  of another caused by past and
     5  current decisions, systems of power and privilege, and policies.
     6    7. "Individual racism" means explicit or implicit pre-judgment bias or
     7  discrimination by an individual based on race.
     8    8. "Institutional racism" means policies,  practices,  and  procedures
     9  that  work  better  for some members of a community than others based on
    10  race.
    11    9. "Racial equity and social justice" means changes in  policy,  prac-
    12  tice  and  allocation  of state resources so that race or social justice
    13  constructs do not predict an individual's success, while also  improving
    14  opportunities and outcomes for all people.
    15    §  328-f. Office of racial equity and social justice; director, organ-
    16  ization and employees. 1. The office of racial equity and social justice
    17  is hereby created within the executive department to have  and  exercise
    18  the  functions,  powers  and  duties  provided by the provisions of this
    19  article and any other provision of law.
    20    2. The head of the office shall be the director, who  shall  serve  as
    21  the  chief equity officer for the state of New York.  The director shall
    22  be appointed by the governor with the consent and approval of the senate
    23  and receive a salary to be fixed by  the  governor  within  the  amounts
    24  appropriated therefor.
    25    3.  The director may, from time to time, create, abolish, transfer and
    26  consolidate bureaus and other units  within  the  office  not  expressly
    27  established by law as the director may determine necessary for the effi-
    28  cient  operation  of the office, subject to the approval of the director
    29  of the budget.
    30    4. The director may appoint assistants, and other officers and employ-
    31  ees, committees and consultants as  the  director  may  deem  necessary,
    32  prescribe  their  powers  and  duties, fix their compensation within the
    33  amounts appropriated therefor.
    34    5. The director may request and receive from any department, division,
    35  board, bureau, commission or other agency of the state  any  information
    36  and  resources  that  will  enable  the office to properly carry out its
    37  functions, powers and duties.
    38    § 328-g. Functions, powers and duties of the office. The office  shall
    39  have the following functions, powers and duties:
    40    1.  To  act as the official state planning and coordinating office for
    41  changes in policy, practice and allocation of state  resources  so  that
    42  race  or  social  justice  constructs  do  not  predict  an individual's
    43  success, while also improving opportunities and outcomes for all people,
    44  and performing  all  necessary  and  appropriate  services  required  to
    45  fulfill these duties.
    46    2.  To establish, oversee, manage, coordinate and facilitate the plan-
    47  ning, design and implementation of the state's racial equity and  social
    48  justice action plan, such plan shall incorporate and embed racial equity
    49  and  social justice principles and strategies into operations, programs,
    50  service policies and community engagement to eliminate inequity,  insti-
    51  tutional  racism  and  individual racism in the state, and shall include
    52  racial equity and social justice training for all state employees.
    53    3. To advise and assist the state  agencies  in  developing  policies,
    54  plans  and  programs  for eliminating institutional racism and improving
    55  racial equity and social justice.

        A. 4187                             3

     1    4. To perform racial equity and social justice reviews and make recom-
     2  mendations for improving management and program effectiveness pertaining
     3  to racial equity and social justice, including, but not limited  to,  an
     4  annual  racial  equity  and  social justice impact statement which shall
     5  accompany the executive budget.
     6    5.  To  establish,  oversee, manage a racial equity and social justice
     7  advisory committee, the composition and  duties  of  such  committee  as
     8  determined by the director.
     9    § 328-h. Reporting.  The office shall submit a report to the governor,
    10  the speaker of the assembly and the temporary president of the senate no
    11  later than one year after the effective date of this article and annual-
    12  ly  thereafter.  Such  report  shall  contain,  at  minimum, information
    13  related to policy recommendations of the office and  the  activities  of
    14  the  racial  equity  and  social justice advisory committee. Such report
    15  shall also be published on the website of the office of the governor.
    16    § 2. This act shall take effect July 1, 2024.
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