New York City Council Header
File #: Int 1937-2020    Version: * Name: Expanding the collection of certain demographic data by city agencies.
Type: Introduction Status: Committee
Committee: Committee on Education
On agenda: 5/13/2020
Enactment date: Law number:
Title: A Local Law to amend the New York city charter, in relation to expanding the collection of certain demographic data by city agencies
Sponsors: Daniel Dromm , Ben Kallos
Council Member Sponsors: 2
Summary: This bill would amend existing requirements for certain city agencies to collect demographic data about ancestry and languages spoken, multiracial ancestry or ethnic origin, and gender identity and sexual orientation so that the requirement would be extended to any agency that collects demographic data on forms from city residents. In addition, these demographic questions would have to be incorporated into any existing forms of these agencies that include demographic questions unless there is a law or court order preventing the amendment of any such form. If there is a law or court order preventing amendment of a form but there is a waiver available allowing amendment, the agency would be required to request a waiver.
Indexes: Report Required
Attachments: 1. Summary of Int. No. 1937, 2. Int. No. 1937, 3. May 13, 2020 - Stated Meeting Agenda with Links to Files, 4. Hearing Transcript - Stated Meeting 5-13-20, 5. Minutes of the Stated Meeting - May 13, 2020

Int. No. 1937

By Council Members Dromm and Kallos

 

A Local Law to amend the New York city charter, in relation to expanding the collection of certain demographic data by city agencies

 

Be it enacted by the Council as follows:

                     Section 1. Subdivisions i, j and k of section 15 of the New York city charter, as amended by local law number 76 for the year 2018, are amended to read as follows:

i. 1. [The department of social services, the administration for children's services, the department of homeless services, the department of health and mental hygiene, the department for the aging, the department for youth and community development, the department of education and any other agencies designated by the mayor] Any agency that directly or by contract [collect] collects demographic information via form documents from city residents [seeking social services] shall provide all [such] persons [seeking such services] completing such form documents with a standardized, anonymous and voluntary demographics information survey form that contains questions regarding ancestry and languages spoken.

2. The questions shall include options allowing respondents to select from:

(a) at least the top 30 largest ancestry groups and languages spoken in the city of New York based on data from the United States census bureau; and

(b) “other,” with an option to write in a response.

3. Such survey form shall be created by the office of operations and office of immigrant affairs, or such offices or agencies as may be designated by the mayor, and may be updated as deemed necessary by those agencies based on changing demographics.

4. Beginning no later than six months after the effective date of the local law that added this subdivision, and annually thereafter, the office of operations, or the office or agency designated by the mayor, shall conduct a review of all forms issued by the agencies described in paragraph 1 of this subdivision [and any other agencies so designated by the mayor] that[:] collect demographic information [addressing the questions contained on the survey form, are completed by persons seeking services and contain content and/or language in relation to collecting such information that is within the administering city agency's authority to edit or amend] from city residents. The office of operations, or the office or agency designated by the mayor, shall submit to the council, within 60 days of such review, a [list of] report listing all forms reviewed [and all forms eligible for updating and for forms not eligible for updating an explanation of why such forms are not eligible for updating, and indicate which forms shall be updated.] and indicating whether each such form is within the administering city agency's authority to edit or amend. A form shall be considered to be within the administering city agency's authority to edit or amend if there is no law or court order prohibiting amendment of such form. If a form is not within the administering city agency’s authority to edit or amend, the report shall identify the law or court order that prohibits such amendment, whether there is any waiver that would permit amendment of such form, and, if so, any efforts made to obtain such a waiver. When [practicable, when] such forms are updated they shall request voluntary responses to questions about ancestry and languages spoken. All forms identified as [eligible for updating] within the administering city agency's authority to edit or amend during the review required pursuant to this paragraph shall be updated to invite responses to questions about ancestry and languages spoken no later than five years from the effective date of the local law that added this subdivision. All forms not [eligible for updating] within the administering city agency's authority to edit or amend shall be provided in conjunction with the standardized, anonymous and voluntary demographics information survey form as established by paragraph 1 of subdivision i of this section, provided that, if there is any waiver that would permit such form to be amended, the administering city agency shall apply for such waiver, and, if such wavier is granted, such form shall be updated to invite responses to questions about ancestry and languages spoken.

5. Beginning no later than 18 months after the effective date of the local law that added this subdivision, and annually thereafter, the office of operations, or the office or agency designated by the mayor, shall make available to the public data for the prior fiscal year that includes but is not limited to the total number of individuals who have identified their ancestry or languages spoken on the survey form described in paragraph 1 of this subdivision and any forms updated pursuant to paragraph 4 of this subdivision, disaggregated by response option, agency and program. Such data shall be made available to the public through the single web portal provided for in section 23-502 of the administrative code.

6. Each agency that provides the survey form required pursuant to paragraph 1 of this subdivision shall evaluate its provision of services in consideration of the data collected pursuant to this subdivision and the office of operations, or the office or agency designated by the mayor, shall submit to the council a report on any new or modified services developed by any agencies based on such data. Such report shall be submitted no earlier than 18 months after the effective date of the local law that added this paragraph.

7. No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of information respecting students and families serviced by the New York city department of education. If any category requested contains between 1 and 5, or allows another category to be narrowed to between 1 and 5, the number shall be replaced with a symbol.

j. 1. [The department of social services, the administration for children's services, the department of homeless services, the department of health and mental hygiene, the department for the aging, the department for youth and community development, the department of education and any other agencies designated by the mayor] Any agency that directly or by contract [collect] collects demographic information via form documents from city residents [seeking social services] shall provide all persons [seeking such services] completing such form documents with a standardized, anonymous and voluntary demographic information survey form that contains an option for multiracial ancestry or ethnic origin. Such survey form shall be created by the office of operations and office of immigrant affairs, or such offices or agencies as may be designated by the mayor, and may be updated as deemed necessary by those agencies based on changing demographics.

2. Beginning no later than six months after the effective date of the local law that added this subdivision, and annually thereafter, the office of operations, or an office or agency designated by the mayor, shall conduct a review of all forms issued by the agencies described in paragraph 1 of this subdivision [and any other agencies so designated by the mayor] that[:] collect demographic information [addressing the questions contained on the survey form, are completed by persons seeking services and contain content and/or language in relation to collecting such information that is within the administering city agency's authority to edit or amend] from city residents. The office of operations, or the office or agency designated by the mayor, shall submit to the council, within 60 days of such review, a [list of] report listing all forms reviewed [and all forms eligible for updating, and for forms not eligible for updating an explanation of why such forms are not eligible for updating, and indicate which forms shall be updated.] and indicating whether each such form is within the administering city agency's authority to edit or amend. A form shall be considered to be within the administering city agency's authority to edit or amend if there is no law or court order prohibiting amendment of such form. If a form is not within the administering city agency’s authority to edit or amend, the report shall identify the law or court order that prohibits such amendment, whether there is any waiver that would permit amendment of such form, and, if so, any efforts made to obtain such a waiver. When [practicable, the office of operations, or the office or agency designated by the mayor, shall ensure that when] such forms are updated they shall request voluntary responses to questions about multiracial ancestry or ethnic origin. All forms identified as [eligible for updating] within the administering city agency’s authority to edit or amend during the review required pursuant to this paragraph shall be updated to invite responses to questions about multiracial ancestry or ethnic origin no later than five years from the effective date of the local law that added this subdivision. All forms not [eligible for updating] within the administering city agency’s authority to edit or amend shall be provided in conjunction with the standardized, anonymous and voluntary demographics information survey form as established by paragraph 1 of subdivision j of this section, provided that, if there is any waiver that would permit such form to be amended, the administering city agency shall apply for such waiver, and, if such wavier is granted, such form shall be updated to invite responses to questions about multiracial ancestry or ethnic origin.

3. Beginning no later than 18 months after the effective date of the local law that added this subdivision, and annually thereafter, the office of operations, or the office or agency designated by the mayor, shall make available to the public data for the prior fiscal year that includes but is not limited to the total number of individuals who have identified their multiracial ancestry or ethnic origin on the survey form described in paragraph 1 of this subdivision and any forms updated pursuant to paragraph 4 of this subdivision, disaggregated by response option, agency and program. Such data shall be made available to the public through the single web portal provided for in section 23-502 of the administrative code.

4. Each agency that provides the survey form required pursuant to paragraph 1 of this subdivision shall evaluate its provision of services in consideration of the data collected pursuant to this subdivision and the office of operations, or the office or agency designated by the mayor, shall submit to the council a report on any new or modified services developed by any agencies based on such data. Such report shall be submitted no earlier than 18 months after the effective date of the local law that added this paragraph.

5. No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of information respecting students and families serviced by the New York city department of education. If any category requested contains between 1 and 5, or allows another category to be narrowed to between 1 and 5, the number shall be replaced with a symbol.

k. 1. [The department of social services, the administration for children's services, the department of homeless services, the department of health and mental hygiene, the department for the aging, the department for youth and community development, the department of education and any other agencies designated by the mayor] Any agency that directly or by contract [collect] collects demographic information via form documents from city residents [seeking social services] shall provide all persons [seeking such services] completing such form documents who are either at least 14 years old or identify as the heads of their own households with a standardized, anonymous and voluntary demographics information survey form that contains questions regarding sexual orientation, including heterosexual, lesbian, gay, bisexual or asexual status or other, with an option to write in a response and gender identity, including transgender, cisgender or intersex status or other, with an option to write in a response.

2. Such survey form shall be created by the office of operations and office of immigrant affairs, or such offices or agencies as may be designated by the mayor, and may be updated as deemed necessary by those agencies based on changing demographics.

3. (a) No later than 60 days after the effective date of the local law that added this subdivision, the office of operations shall submit to the mayor and the speaker of the city council a plan to provide a mandatory training program and develop a manual for agency staff on how to [invite] encourage persons served by such agencies to complete the [survey] questions described in paragraph 1 of this subdivision on the survey form described in paragraph 1 of this subdivision and any forms updated pursuant to paragraph 4 of this subdivision. Such training and manual shall include, but not be limited to, the following:

[(a)] (1) an overview of the categories of sexual orientation and gender identity;

[(b)] (2) providing constituents the option of completing the [survey] questions in a private space and filling out any paperwork without oral guidance from city agency staff;

[(c)] (3) explaining to constituents that completing the [survey] questions is voluntary;

[(d)] (4) explaining to constituents that any data collected from such [survey] questions will not be connected to the individual specifically; and

[(e)] (5) discussions regarding addressing constituents by their self-identified gender.

(b) No later than 90 days after the effective date of the local law that added this subparagraph, the office of operations shall submit to the mayor and the speaker of the city council the mandatory training program and manual developed pursuant to subparagraph (a) of this paragraph.

4. Beginning no later than six months after the effective date of the local law that added this subdivision, and annually thereafter, the office of operations, or an office or agency designated by the mayor, shall conduct a review of all forms issued by the agencies described in paragraph 1 of this subdivision [and any other agencies so designated by the mayor] that[:] collect demographic information [addressing the questions contained on the survey form, are completed by persons seeking services and contain content and/or language in relation to collecting such information that is within the administering city agency's authority to edit or amend] from city residents. The office of operations, or the office or agency designated by the mayor, shall submit to the council, within 60 days of such review, a [list of] report listing all forms reviewed [and all forms eligible for updating, and for forms not eligible for updating an explanation of why such forms are not eligible for updating, and indicate which forms shall be updated.] and indicating whether each such form is within the administering city agency's authority to edit or amend. A form shall be considered to be within the administering city agency's authority to edit or amend if there is no law or court order prohibiting amendment of such form. If a form is not within the administering city agency’s authority to edit or amend, the report shall identify the law or court order that prohibits such amendment, whether there is any waiver that would permit amendment of such form, and, if so, any efforts made to obtain such a waiver. When [practicable, when] such forms are updated they shall request voluntary responses to questions about sexual orientation, including heterosexual, lesbian, gay, bisexual or asexual status, or other; gender identity, including transgender, cisgender and intersex status or other; and the gender pronoun or pronouns that an individual identifies with and that others should use when talking to or about that individual. All forms identified as [eligible for updating] within the administering city agency’s authority to edit or amend during the review required pursuant to this paragraph shall be updated to invite responses to questions about sexual orientation, gender identity and the gender pronoun or pronouns that an individual identifies with and that others should use when talking to or about that individual no later than five years from the effective date of the local law that added this subdivision. All forms not [eligible for updating] within the administering city agency’s authority to edit or amend shall be provided in conjunction with the standardized, anonymous and voluntary demographics information survey form as established by paragraph 1 of subdivision k of this section, provided that, if there is any waiver that would permit such form to be amended, the administering city agency shall apply for such waiver, and, if such wavier is granted, such form shall be updated to invite responses to questions about sexual orientation, gender identity and the gender pronoun or pronouns that an individual identifies with and that others should use when talking to or about that individual.

5. Beginning no later than 18 months after the effective date of the local law that added this subdivision, and annually thereafter, the office of operations, or the office or agency designated by the mayor, shall make available to the public data for the prior fiscal year that includes but is not limited to the total number of individuals who have identified their sexual orientation or gender identity on the survey form described in paragraph 1 of this subdivision and any forms updated pursuant to paragraph 4 of this subdivision, disaggregated by response option, agency and program. Such data shall be made available to the public through the single web portal provided for in section 23-502 of the administrative code.

6. Each agency that provides the survey form required pursuant to paragraph 1 of this subdivision shall evaluate its provision of services in consideration of the data collected pursuant to this local law and the office of operations shall submit to the council a report on any new or modified services developed by any agencies based on such data. Such report shall be submitted no earlier than 18 months after the effective date of the local law that added this paragraph.

7. No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of information respecting students and families serviced by the New York city department of education. If any category requested contains between 1 and 5, or allows another category to be narrowed to between 1 and 5, the number shall be replaced with a symbol.

§ 2. This local law takes effect 90 days after becoming law.

 

NAB

LS #13766

3/26/20 3:30PM