Bill Text: NY S06639 | 2021-2022 | General Assembly | Amended


Bill Title: Requires the collection of certain demographic information by certain state agencies, boards, departments and commissions.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2021-06-10 - SUBSTITUTED BY A6896A [S06639 Detail]

Download: New_York-2021-S06639-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6639--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                      May 10, 2021
                                       ___________

        Introduced  by  Sens.  SALAZAR, GAUGHRAN, GOUNARDES, REICHLIN-MELNICK --
          read twice and ordered printed, and when printed to  be  committed  to
          the  Committee  on  Finance  --  committee  discharged,  bill amended,
          ordered reprinted as amended and recommitted to said committee

        AN ACT to  amend  the  executive  law,  in  relation  to  requiring  the
          collection  of  certain demographic information by certain state agen-
          cies, boards, departments and commissions

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Legislative  intent.  The  legislature  hereby  finds and
     2  declares the following:
     3    (a) Asian Americans as well as  Native  Hawaiians  and  other  Pacific
     4  Islanders  are  an  incredibly diverse group. Due to this diversity, the
     5  United States Office  of  Management  and  Budget's  Statistical  Policy
     6  Directive No. 15, entitled Race and Ethnic Standards for Federal Statis-
     7  tics  and  Administrative  Reporting,  separated  the "Asian and Pacific
     8  Islander" category into two distinct and separate categories, now called
     9  "Asians" and "Native Hawaiians and Other Pacific Islanders,"  and  these
    10  two distinct categories were used in the 2000 United States Census.  The
    11  United  States  Census  Bureau  currently  reports data for more than 20
    12  different ethnicities within these two categories.
    13    (b) While Asian Americans as well as Native Hawaiians and other Pacif-
    14  ic Islanders are often misrepresented as a homogeneous group,  they  are
    15  an  extremely  diverse  group,  with  ethnicities from over 30 different
    16  countries. Although Asian American as well as Native Hawaiian and  other
    17  Pacific  Islander  communities  in  this  state  share  geographical and
    18  cultural commonalities, they  also  experience  diverse  social,  educa-
    19  tional,  health,  and  economic  differences  that  are  unique to their
    20  respective communities.
    21    (c) Existing state law requires state demographic data to be collected
    22  for Asian and some Native Hawaiian and Pacific Islander  ethnic  groups.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10834-03-1

        S. 6639--A                          2

     1  However,  additional  ethnic groups reported by the United States Census
     2  Bureau are not included that reflect changing  demographics  and  intra-
     3  state  migration  patterns.  Most  state  agencies  are currently not in
     4  compliance  with  existing state law or have not made the collected data
     5  accessible. Data should be updated on a regular basis and made  accessi-
     6  ble  to the public so that regional and local governments, elected offi-
     7  cials, decision makers, and other stakeholders can use  the  information
     8  to strategically target programs for those most in need.
     9    (d) Given the diversity of languages and cultures, separating data for
    10  additional  Asian  and  additional  Native Hawaiian and Pacific Islander
    11  ethnic groups and making the data publicly accessible are  critical  for
    12  enhancing  our  state's  understanding  of  the needs and experiences of
    13  these different communities.
    14    § 2. The executive law is amended by adding a  new  section  170-e  to
    15  read as follows:
    16    §  170-e. Collection of demographic information.  1. Every state agen-
    17  cy, board, department,  or  commission  that  directly  or  by  contract
    18  collects  demographic  data as to the ancestry or ethnic origin of resi-
    19  dents of the state of New York shall use separate collection  categories
    20  and tabulations for the following:
    21    (a)  each  major  Asian group, including, but not limited to, Chinese,
    22  Japanese, Filipino, Korean, Vietnamese, Asian Indian, Laotian,  Cambodi-
    23  an,  Bangladeshi,  Hmong,  Indonesian, Malaysian, Pakistani, Sri Lankan,
    24  Taiwanese, Nepalese, Burmese, Tibetan, and Thai; and
    25    (b) each major Pacific Islander group, including, but not limited  to,
    26  Hawaiian, Guamanian, Samoan, Fijian and Tongan; or
    27    (c) other Asian or Pacific Island group.
    28    2.  Every state agency, board, department, or commission that directly
    29  or  by  contract  collects demographic data as to the ancestry or ethnic
    30  origin of residents  of  the  state  of  New  York  shall  use  separate
    31  collection categories and tabulations for the following:
    32    (a) the primary language spoken at home; and
    33    (b) the ethic group or ancestry.
    34    3.  The data collected pursuant to the different collection categories
    35  and tabulations described in subdivision one of this  section  shall  be
    36  included  in  every  demographic report on ancestry or ethnic origins of
    37  residents of the state of New York by the state agency,  board,  depart-
    38  ment,  or  commission  published or released on or after July first, two
    39  thousand twenty-two. The data shall be made available to the  public  in
    40  accordance  with  state and federal law, except for personal identifying
    41  information, which shall be deemed confidential, by posting the data  on
    42  the internet web site of the agency, board, department, or commission on
    43  or  before July first, two thousand twenty-two, and annually thereafter.
    44  This subdivision shall not be construed to prevent any other state agen-
    45  cy from posting data collected  pursuant  to  subdivision  one  of  this
    46  section  on  the agency's internet web site, in the manner prescribed by
    47  this section.
    48    § 3. This act shall take effect on the one hundred twentieth day after
    49  it shall have become a law.
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