HOUSE DOCKET, NO. 3732        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2681

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Tackey Chan

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act ensuring equitable representation in the Commonwealth.

_______________

PETITION OF:

 

Name:

District/Address:

Tackey Chan

2nd Norfolk

Donald H. Wong

9th Essex

Rady Mom

18th Middlesex

Tram T. Nguyen

18th Essex

Maria Duaime Robinson

6th Middlesex

Paul A. Schmid, III

8th Bristol

José F. Tosado

9th Hampden

Dylan A. Fernandes

Barnstable, Dukes and Nantucket

Steven Ultrino

33rd Middlesex

Adrian C. Madaro

1st Suffolk

Mike Connolly

26th Middlesex

Daniel J. Hunt

13th Suffolk

Marjorie C. Decker

25th Middlesex

Natalie M. Higgins

4th Worcester

Daniel Cahill

10th Essex

Joseph A. Boncore

First Suffolk and Middlesex

Bud L. Williams

11th Hampden

Carlos González

10th Hampden

Daniel J. Ryan

2nd Suffolk

Sal N. DiDomenico

Middlesex and Suffolk

Liz Miranda

5th Suffolk

Russell E. Holmes

6th Suffolk

Mary S. Keefe

15th Worcester

James B. Eldridge

Middlesex and Worcester

Mindy Domb

3rd Hampshire

Daniel R. Cullinane

12th Suffolk

Elizabeth A. Malia

11th Suffolk

Nika C. Elugardo

15th Suffolk

Tami L. Gouveia

14th Middlesex

Michael O. Moore

Second Worcester

Chynah Tyler

7th Suffolk

Jack Patrick Lewis

7th Middlesex

Jon Santiago

9th Suffolk

Sean Garballey

23rd Middlesex

David Henry Argosky LeBoeuf

17th Worcester

Andres X. Vargas

3rd Essex

Jay D. Livingstone

8th Suffolk

Aaron Vega

5th Hampden

Marcos A. Devers

16th Essex

Frank A. Moran

17th Essex

Edward J. Kennedy

First Middlesex

Rebecca L. Rausch

Norfolk, Bristol and Middlesex

Nick Collins

First Suffolk


HOUSE DOCKET, NO. 3732        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2681

By Mr. Chan of Quincy, a petition (accompanied by bill, House, No. 2681) of Tackey Chan and others for legislation to require that government agencies make certain demographic data available to the public.  State Administration and Regulatory Oversight.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

An Act ensuring equitable representation in the Commonwealth.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 6A of the General Laws is hereby amended by inserting after section 104 the following section:-

Section 105.

For the purposes of this section “government agency” shall be defined as any state agency, quasi-state agency, sub-divisions of a state agency, or board, commission or entity created by the Commonwealth of Massachusetts.

Every government agency that collects demographic data  as to the race or ethnicity of residents of the Commonwealth of Massachusetts, shall use separate collection and tabulations for the following: (i) each major Asian group, as reported by the United States Census Bureau, including but not limited to, Chinese, Japanese, Filipino, Korean, Vietnamese, Asian Indian, Laotian, Cambodian, Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani, Sri Lankan, Taiwanese, Nepalese, Burmese, Tibetan, and Thai; (ii) each major Pacific Islander group, as reported by the United States Census Bureau, including but not limited to, Native Hawaiian, Guamanian, Samoan, Fijian and Tongan; (iii) other Asian or Pacific Islander group; (iv) each major Black or African American group, as reported by the United States Census Bureau, including but not limited to African American, Jamaican, Haitian, Nigerian, Ethiopian, Cape Verdean, and Somali; (v) each major Latino group, as reported by the United States Census Bureau, including but not limited to, Mexican, Puerto Rican, Cuban, Salvadoran, Dominican and Colombian; and (vi) each major White or Caucasian group, as reported by the United States Census Bureau, including but not limited to, German, Irish, English, Italian, Polish, and French. Individuals may choose more than one subgroup, write in their own, or choose the aggregate category.  If collection of data on race or ethnicity was not previously conducted or required then the information in this section shall not apply. Individuals not participating in this data collection shall not be denied services. No government agency shall fill out racial or ethnic information unless directed by the individual.  

Except for Personal Identifying Information, which shall be deemed confidential, each government agency shall make the data available to the public in accordance with state and federal law. Personal Identifying Information is defined as information: (i) that directly identifies an individual (e.g., name, address, social security number or other identifying number or code) or (ii) by which an agency intends to identify specific individuals in conjunction with other data elements, which shall include indirect identification which can compile an identity, such as a combination of gender, race, birth date, geographic indicator, and other descriptors. Additionally, information permitting the physical or online contacting of a specific individual is the same as personally identifiable information. This information can be maintained in either paper, electronic or other media. To prevent identification of individuals, the information may be aggregated into data categories at a state, county, city, census tract, or ZIP code to facilitate comparisons, identify disparities, and be part of studies and reports. This paragraph shall not be construed to prevent any other government agency from posting data collected on the agency’s website, in a manner prescribed in this section.

The Executive Office of Administration and Finance shall establish regulations and guidelines on the collection of demographic data, which may include a standardized form for information collection, expanding the categories of race or ethnicity, a standard format for agencies to make data publicly available and to update said data on an annual basis, a method to ensure no personal identifying information is publically released, a standardized written disclosure to the individual filling the form out that this information collected is voluntary, nonparticipation of completing the form will have no impact of eligibility on state services, annual cost impact and annual review on the successfulness of collecting information. There shall at least be one annual public hearing about the implementation or changes in the regulations and guidelines. A report on the progress of data collection shall be provided to the House and Senate Clerks and the Joint Committee on State Administration and Regulatory Oversight every August 1st of each year.      

All data collected by the state shall be subject to both state and federal privacy laws; including Title 13 of the U.S. Code and Massachusetts General Laws Chapter 93H, Section 2(c).

SECTION 2.  Paragraph  4 of Section 1 shall go into effect on January 1, 2021.  The remainder of the act shall go into effect on January 1, 2022.