S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3662
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2019
                                ___________
 
 Introduced  by  Sen. SALAZAR -- 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  requiring  the
   collection  of  certain demographic information by certain state agen-
   cies, boards and commissions

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  intent.  The  legislature  hereby  finds and
 declares the following:
   (a) Asian Americans as well as  Native  Hawaiians  and  other  Pacific
 Islanders  are  an  incredibly diverse group. Due to this diversity, the
 United States Office  of  Management  and  Budget's  Statistical  Policy
 Directive No. 15, entitled Race and Ethnic Standards for Federal Statis-
 tics  and  Administrative  Reporting,  separated  the "Asian and Pacific
 Islander" category into two distinct and separate categories, now called
 "Asians" and "Native Hawaiians and Other Pacific Islanders,"  and  these
 two distinct categories were used in the 2000 United States Census.  The
 United  States  Census  Bureau  currently  reports data for more than 20
 different ethnicities within these two categories.
   (b) While Asian Americans as well as Native Hawaiians and other Pacif-
 ic Islanders are often misrepresented as a homogeneous group,  they  are
 an  extremely  diverse  group,  with  ethnicities from over 30 different
 countries. Although Asian American as well as Native Hawaiian and  other
 Pacific  Islander  communities  in  this  state  share  geographical and
 cultural commonalities, they  also  experience  diverse  social,  educa-
 tional,  health,  and  economic  differences  that  are  unique to their
 respective communities.
   (c) Existing state law requires state demographic data to be collected
 for Asian and some Native Hawaiian and Pacific Islander  ethnic  groups.
 However,  additional  ethnic groups reported by the United States Census
 Bureau are not included that reflect changing  demographics  and  intra-

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

                                                            LBD02242-01-9

 S. 3662                             2
 
 state  migration  patterns.  Most  state  agencies  are currently not in
 compliance with existing state law or have not made the  collected  data
 accessible.  Data should be updated on a regular basis and made accessi-
 ble  to the public so that regional and local governments, elected offi-
 cials, decision makers, and other stakeholders can use  the  information
 to strategically target programs for those most in need.
   (d) Given the diversity of languages and cultures, separating data for
 additional  Asian  and  additional  Native Hawaiian and Pacific Islander
 ethnic groups and making the data publicly accessible are  critical  for
 enhancing  our  state's  understanding  of  the needs and experiences of
 these different communities.
   § 2. The executive law is amended by adding a  new  section  170-c  to
 read as follows:
   §  170-C. COLLECTION OF DEMOGRAPHIC INFORMATION.  1. EVERY STATE AGEN-
 CY, BOARD, OR COMMISSION THAT DIRECTLY OR  BY  CONTRACT  COLLECTS  DEMO-
 GRAPHIC  DATA  AS  TO  THE ANCESTRY OR ETHNIC ORIGIN OF RESIDENTS OF THE
 STATE OF NEW YORK SHALL USE SEPARATE  COLLECTION  CATEGORIES  AND  TABU-
 LATIONS FOR THE FOLLOWING:
   (A)  EACH  MAJOR  ASIAN GROUP, INCLUDING, BUT NOT LIMITED TO, CHINESE,
 JAPANESE, FILIPINO, KOREAN, VIETNAMESE, ASIAN INDIAN, LAOTIAN,  CAMBODI-
 AN,  BANGLADESHI,  HMONG,  INDONESIAN, MALAYSIAN, PAKISTANI, SRI LANKAN,
 TAIWANESE, NEPALESE, BURMESE, TIBETAN, AND THAI; AND
   (B) EACH MAJOR PACIFIC ISLANDER GROUP, INCLUDING, BUT NOT LIMITED  TO,
 HAWAIIAN, GUAMANIAN, SAMOAN, FIJIAN AND TONGAN; OR
   (C) OTHER ASIAN OR PACIFIC ISLAND GROUP.
   2.    EVERY  STATE  AGENCY,  BOARD,  OR COMMISSION THAT DIRECTLY OR BY
 CONTRACT 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; AND
   (B) THE PLACE OF BIRTH OR COUNTRY OF ORIGIN.
   3. THE DATA COLLECTED PURSUANT TO THE DIFFERENT COLLECTION  CATEGORIES
 AND  TABULATIONS DESCRIBED IN SUBDIVISION (A) 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, OR COMMISSION PUBLISHED OR
 RELEASED  ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY. 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
 ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY, AND  ANNUALLY  THEREAFTER.
 THIS SUBDIVISION SHALL NOT BE CONSTRUED TO PREVENT ANY OTHER STATE AGEN-
 CY  FROM POSTING DATA COLLECTED PURSUANT TO SUBDIVISION (A) ON THE AGEN-
 CY'S INTERNET WEB SITE, IN THE MANNER PRESCRIBED BY THIS SECTION.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.