2023 New York Laws › EXC - Executive › Article 7 - Miscellaneous Provisions › 170-E*2 - Collection of Demographic Information.

* §  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