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S03468 Summary:

BILL NOS03468
 
SAME ASSAME AS A02358
 
SPONSORKENNEDY
 
COSPNSRADDABBO, HARCKHAM, KAPLAN, KRUEGER, MAY, MAYER, REICHLIN-MELNICK
 
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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S03468 Actions:

BILL NOS03468
 
01/29/2021REFERRED TO FINANCE
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S03468 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3468
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    January 29, 2021
                                       ___________
 
        Introduced  by  Sens.  KENNEDY, ADDABBO, HARCKHAM, KAPLAN, KRUEGER, MAY,
          MAYER -- read twice and  ordered  printed,  and  when  printed  to  be
          committed to the Committee on Finance
 
        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.
    21    5.  "Race"  means  a social construct that artificially divides people
    22  into distinct groups based on characteristics such as  physical  appear-
    23  ance,   including   color;  ancestral  heritage;  cultural  affiliation;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02437-01-1

        S. 3468                             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  of  the  office,  who
    21  shall  serve  as  the chief equity officer for the state of New York and
    22  shall be designated as management  confidential  in  the  noncompetitive
    23  class  in  accordance  with the civil service law. The director shall be
    24  the chief executive officer of and in sole charge of the  administration
    25  of  the  office. The director shall be entitled to receive reimbursement
    26  for expenses actually and necessarily incurred by  him  or  her  in  the
    27  performance of his or her duties.
    28    3.  The director may, from time to time, create, abolish, transfer and
    29  consolidate bureaus and other units  within  the  office  not  expressly
    30  established  by  law  as he or she may determine necessary for the effi-
    31  cient operation of the office, subject to the approval of  the  director
    32  of the budget.
    33    4. The director may appoint, in accordance with the civil service law,
    34  such  deputies, assistants, and other officers and employees, committees
    35  and consultants as he or she may deem necessary, prescribe their  powers
    36  and  duties,  fix  their  compensation, and provide for reimbursement of
    37  their expenses within the amounts appropriated therefor.
    38    5. The director may request and receive from any department, division,
    39  board, bureau, commission or other agency of the state or any  political
    40  subdivision thereof or any public authority, staff and other assistance,
    41  information,  and  resources as will enable the office to properly carry
    42  out its functions, powers and duties.
    43    § 328-g. Functions, powers and duties of the office. The office  shall
    44  have the following functions, powers and duties:
    45    1.  To  act as the official state planning and coordinating office for
    46  changes in policy, practice and allocation of state  resources  so  that
    47  race  or  social  justice  constructs  do  not  predict  an individual's
    48  success, while also improving opportunities and outcomes for all people,
    49  and performing  all  necessary  and  appropriate  services  required  to
    50  fulfill these duties.
    51    2.  To establish, oversee, manage, coordinate and facilitate the plan-
    52  ning, design and implementation of the state's racial equity and  social
    53  justice action plan, such plan shall incorporate and embed racial equity
    54  and  social justice principles and strategies into operations, programs,
    55  service policies and community engagement to eliminate inequity,  insti-

        S. 3468                             3
 
     1  tutional  racism  and  individual racism in the state, and shall include
     2  racial equity and social justice training for all state employees.
     3    3.  To  advise  and  assist the state agencies in developing policies,
     4  plans and programs for eliminating institutional  racism  and  improving
     5  racial equity and social justice.
     6    4. To perform racial equity and social justice reviews and make recom-
     7  mendations for improving management and program effectiveness pertaining
     8  to  racial  equity and social justice, including, but not limited to, an
     9  annual racial equity and social justice  impact  statement  which  shall
    10  accompany the executive budget.
    11    5.  To  establish,  oversee, manage a racial equity and social justice
    12  advisory committee, the composition and  duties  of  such  committee  as
    13  determined by the director.
    14    §  2.  This  act shall take effect on the thirtieth day after it shall
    15  have become a law.
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