BILL NUMBER: S6898
SPONSOR: COONEY
 
TITLE OF BILL:
An act to amend the executive law, in relation to establishing the
office of census counts and providing for its powers and duties and
establishing the New York state census counts commission and providing
for its powers and duties; to amend the penal law, in relation to estab-
lishing the offense of impersonation of a census enumerator; and making
an appropriation therefor
 
PURPOSE:
Establishes the office of census counts and provides for its powers and
duties and the New York state census counts commission and provides for
its powers and duties; appropriation.
 
SUMMARY:
Section 1: Names the act: New York Counts Act.
Section 2: Provides the legislative intent.
Section 3: Amends the executive law by adding two new sections:
- 95-d: - Subsection 1. Defines terms
- Subsection 2. Establishes the Office of Census Services
- Subsection 3: Organizes the Office of Census Services
- Subsection 4: Powers and duties of the Office of Census Services
- Subsection 5: Additional responsibilities of the Office of Census
Services
- 95-e:
- Subsection 1: Establishes the Census Counts Commission
- Subsection 2: Details the membership of the Census Counts Commission
- Subsection 3: Powers and duties of the Census Counts Commission
- Subsection 4: Additional powers of the Census Counts Commission
- Subsection 5: Details the Commission's relationship with the Office of
Census Services
Section 4: Amends the penal law by adding one new section: - 190.95:
Impersonation of a census enumerator
Section 5: Appropriates $15 million to the Department of State to carry
out the provisions.
Section 6: Sets the effective date.
 
JUSTIFICATION:
Legislative intent:
1. It is the intent of the legislature to ensure that all New Yorkers
have information access and knowledge about accurate, timely information
about the United States government census and that all New Yorkers have
the opportunity to participate in the census freely and without fear of
fraud, intimidation, or harm.
2. New York State's future depends on accurate census data. The census
provides critical and timely information and data to help inform busi-
nesses, educators, governments, faith-based communities, nonprofit
organizations, foundations, researchers, and the public about the
state's demographic features, where people live, and how they live.
Accurate, ongoing, and consistent census data helps provide for sound
and objective policy decisions, allocates resources, helps target
investments, and evaluates programs for a healthier economy, communi-
ties, and better living. From congressional representation in Washing-
ton, D.C. to billions of dollars in federal funding, the census matters.
3. New York must address the loss of population that has resulted in the
loss of congressional representation after each federal decennial census
since 1950. While the state had 45 members of Congress after the 1940
census, the loss after each subsequent decennial census now leaves the
state with only 26 members of Congress. Current projections suggest New
York losing at least two seats after the 2030 census. State government,
working with key stakeholders, has an obligation to step in and help
stem future losses. By ensuring a fair and complete decennial census,
New York State can address this challenge.
4. By expanding partnerships between the Census Bureau, state and local
community leaders, community-based organizations, education, business,
labor, philanthropies, and stakeholders, New York State cannot only help
develop accurate census counts through the decennial census, American
Community Survey, the Local Update of Census Addresses program, and
other census data reports, but help avoid the undercounts that have hurt
the state in past decades by directing resources to improve population
counts in communities that have been historically undercounted. Key
elements of this strategy include:
a. making awareness of the census part of the state's civic culture,
integrating census data usage into schools, business, social, good
government, economic planning, and other venues where census data helps
drive decision-making;
b. providing educational efforts to community activists, industry lead-
ers, constituents, and the public to increase awareness, support, and
participation in an accurate census. Better knowledge of and use of
census data helps informed decision-making in all sectors and helps
drive stronger economic improvement strategies and improves and benefits
all New Yorkers;
c. promoting the American Community Survey that is taken every year and
provides data about local communities annually, providing an excellent
source of local information for social and economic planning purposes;
d. helping to coordinate, plan for, and fund Local Update of Census
Addresses (LUCA) type efforts on an annual basis to ensure that LUCA
submissions are strong across the state so that we are not missing
households in census counting efforts;
e. evaluating hard-to-count communities to develop better
outreach/education strategies;
f. inventorying resources within all levels of government and
academic/private sectors to "hit the ground running" leading up to the
2030 and future censuses; and
g. development of a grant program to support local governments and
community-based organizations, academic institutions, and non-profit
organizations to insure a complete 2030 decennial count and for subse-
quent decades.
5. New York State needs a comprehensive coordinated census effort unlike
past decades where state government efforts were insufficient. Updated
strategies and approaches should focus on census data analysis, accurate
address lists, information about demographic trends, outreach, state and
local project planning, and follow up to meet the challenges of the next
census.
6. To ensure that every New York resident is counted in the census,
planning must start now with a dedicated, multi-faceted approach.
Census data informs us of who we are, our populations by age, sex, race,
and ethnicity, our housing units and types, and advises of trends and
how the state is changing. A well planned and coordinated state census
strategy consists of many parts.
 
RACIAL JUSTICE IMPACT:
Communities of color are often undercounted in the national census, due
to combined lack of sufficient enumerator access and lack of interest in
or knowledge of the purpose of the census. Due to this, communities of
color lose representation. By enacting the New York Counts Act, these
communities will be more fairly represented at all levels of government.
 
GENDER JUSTICE IMPACT:
TBD.
 
FISCAL IMPACT:
TBD.
 
LEGISLATIVE HISTORY:
New bill.
 
EFFECTIVE DATE:
This act shall take effect immediately.