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A02358 Summary:

BILL NOA02358
 
SAME ASSAME AS S03468
 
SPONSORPeoples-Stokes
 
COSPNSRSolages, Simon, Epstein, Barron, Fall, Bichotte Hermelyn, Stern, Seawright, Reyes, Hunter, Dickens, De La Rosa, Perry, Paulin, Gottfried, Glick, Rosenthal L, Englebright, McMahon, Galef, Pretlow, Sillitti, Otis
 
MLTSPNSR
 
Add Art 15-D 328-e - 328-g, Exec L
 
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.
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A02358 Actions:

BILL NOA02358
 
01/19/2021referred to governmental operations
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A02358 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2358
 
SPONSOR: Peoples-Stokes
  TITLE OF BILL: An act to amend the executive law, in relation to establishing the office of racial equity and social justice   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to create an Office of Racial Equity and Social Justice.   SUMMARY OF PROVISIONS: The legislation would add a new article 15-D to the executive law. Section one provides definitions and outlines the functions of the Office of Racial Equity and Social Justice. The Official of Racial Equi- ty and Social Justice would: Serve as the official state planning and coordinating office for changes in policy, practice and allocation of state resources so that racial or social justice constructs do not predict an individual's success; * Establish, oversee, manage, coordinate and facilitate the development of the state's racial equity and social justice action plan; * Facilitate racial equity and social justice training for all state employees; * Advise and assist the state agencies developing policies, plans and programs for improving racial equity and social justice; * Perform racial equity and social justice reviews and make recommenda- tions for improving management and program effectiveness pertaining to racial equity and social justice, including an annual racial equity and social justice impact statement, which shall accompany the Executive Budget; and *Establish, oversee and manage racial equity and social justice advisory committee. Section two establishes the effective date. JUSTIFICATION: This bill would create a new office within the Executive Branch called the Office of Racial Equity and Social Justice. Although the Executive and Legisla- ture may take actions to acknowledge or support racial equity and social justice, there is not a central entity within state government specif- ically created to further this critical goal. Decisions made by agencies throughout the government can have an enormously positive or detrimental effect on either reducing or exacerbating disparities that already exist. Sometimes by design, but more often unintentionally, actions by the state government have a direct impact on health, educational, and socioeconomic disparities. This legislation creates a mechanism within state government to ensure race or social justice constructs do not predict an individual's success, while also improving opportunities and outcomes for all people. Local jurisdictions such as King County, Wash- ington and Montgomery County, Maryland have established similar offices focusing on Equity and Social Justice. This legislation would put the state of New York at the forefront of addressing systemic racism, inequality, and disparities nation-wide.   PRIOR LEGISLATIVE HISTORY: A.10319 of 2019/20.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect on the thirtieth day after becoming law.
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A02358 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2358
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 19, 2021
                                       ___________
 
        Introduced  by M. of A. PEOPLES-STOKES, SOLAGES, SIMON, EPSTEIN, BARRON,
          FALL, BICHOTTE HERMELYN, STERN,  SEAWRIGHT,  REYES,  HUNTER,  DICKENS,
          DE LA ROSA,  PERRY,  PAULIN,  GOTTFRIED,  GLICK,  L. ROSENTHAL, ENGLE-
          BRIGHT, McMAHON, GALEF, PRETLOW --  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-e.  Definitions.  As  used in this article, the following terms
    10  shall have the following meanings:
    11    1. "Office" means the office of racial equity and social justice.
    12    2. "Director" means the director of the office of  racial  equity  and
    13  social justice.
    14    3.    "Equity"  means fair and just opportunities and outcomes for all
    15  individuals.
    16    4. "Social justice" means every individual deserves  to  benefit  from
    17  the  same  economic, political and social rights and opportunities, free
    18  from health disparities, regardless of race; socioeconomic status;  age;
    19  sex, including on the basis of gender identity or orientation; religion;
    20  disability; or other characteristics.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02437-01-1

        A. 2358                             2
 
     1    5.  "Race"  means  a social construct that artificially divides people
     2  into distinct groups based on characteristics such as  physical  appear-
     3  ance,   including   color;  ancestral  heritage;  cultural  affiliation;
     4  cultural history; ethnic classification; and the  social,  economic  and
     5  political needs of a society at a given period.
     6    6. "Inequity" means systematic and patterned differences in well-being
     7  that  disadvantage  one  group  in  favor  of another caused by past and
     8  current decisions, systems of power and privilege, and policies.
     9    7. "Individual racism" means explicit or implicit pre-judgment bias or
    10  discrimination by an individual based on race.
    11    8. "Institutional racism" means policies,  practices,  and  procedures
    12  that  work  better  for some members of a community than others based on
    13  race.
    14    9. "Racial equity and social justice" means changes in  policy,  prac-
    15  tice  and  allocation  of state resources so that race or social justice
    16  constructs do not predict an individual's success, while also  improving
    17  opportunities and outcomes for all people.
    18    §  328-f. Office of racial equity and social justice; director, organ-
    19  ization and employees. 1. The office of racial equity and social justice
    20  is hereby created within the executive department to have  and  exercise
    21  the  functions,  powers  and  duties  provided by the provisions of this
    22  article and any other provision of law.
    23    2. The head of the office shall be the director  of  the  office,  who
    24  shall  serve  as  the chief equity officer for the state of New York and
    25  shall be designated as management  confidential  in  the  noncompetitive
    26  class  in  accordance  with the civil service law. The director shall be
    27  the chief executive officer of and in sole charge of the  administration
    28  of  the  office. The director shall be entitled to receive reimbursement
    29  for expenses actually and necessarily incurred by  him  or  her  in  the
    30  performance of his or her duties.
    31    3.  The director may, from time to time, create, abolish, transfer and
    32  consolidate bureaus and other units  within  the  office  not  expressly
    33  established  by  law  as he or she may determine necessary for the effi-
    34  cient operation of the office, subject to the approval of  the  director
    35  of the budget.
    36    4. The director may appoint, in accordance with the civil service law,
    37  such  deputies, assistants, and other officers and employees, committees
    38  and consultants as he or she may deem necessary, prescribe their  powers
    39  and  duties,  fix  their  compensation, and provide for reimbursement of
    40  their expenses within the amounts appropriated therefor.
    41    5. The director may request and receive from any department, division,
    42  board, bureau, commission or other agency of the state or any  political
    43  subdivision thereof or any public authority, staff and other assistance,
    44  information,  and  resources as will enable the office to properly carry
    45  out its functions, powers and duties.
    46    § 328-g. Functions, powers and duties of the office. The office  shall
    47  have the following functions, powers and duties:
    48    1.  To  act as the official state planning and coordinating office for
    49  changes in policy, practice and allocation of state  resources  so  that
    50  race  or  social  justice  constructs  do  not  predict  an individual's
    51  success, while also improving opportunities and outcomes for all people,
    52  and performing  all  necessary  and  appropriate  services  required  to
    53  fulfill these duties.
    54    2.  To establish, oversee, manage, coordinate and facilitate the plan-
    55  ning, design and implementation of the state's racial equity and  social
    56  justice action plan, such plan shall incorporate and embed racial equity

        A. 2358                             3
 
     1  and  social justice principles and strategies into operations, programs,
     2  service policies and community engagement to eliminate inequity,  insti-
     3  tutional  racism  and  individual racism in the state, and shall include
     4  racial equity and social justice training for all state employees.
     5    3.  To  advise  and  assist the state agencies in developing policies,
     6  plans and programs for eliminating institutional  racism  and  improving
     7  racial equity and social justice.
     8    4. To perform racial equity and social justice reviews and make recom-
     9  mendations for improving management and program effectiveness pertaining
    10  to  racial  equity and social justice, including, but not limited to, an
    11  annual racial equity and social justice  impact  statement  which  shall
    12  accompany the executive budget.
    13    5.  To  establish,  oversee, manage a racial equity and social justice
    14  advisory committee, the composition and  duties  of  such  committee  as
    15  determined by the director.
    16    §  2.  This  act shall take effect on the thirtieth day after it shall
    17  have become a law.
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