SB 953

SENATE BILL NO. 953
A bill to require a public body to use certain criteria in
certain writings relating to race and ethnicity data collection; and to provide
for the powers and duties of certain state and local governmental officers and
entities.
the people of the state of michigan enact:
Sec. 1. This act may be
cited as the "Michigan data collection
act".
Sec. 3. As used in this
act:
(a) "American Indian or Alaska Native" means an
individual with origins in any of the original peoples of North, Central, and
South America, including, but not limited to, the Navajo Nation, Blackfeet
Tribe of the Blackfeet Indian Reservation of Montana, Native Village of Barrow
Inupiat Traditional Government, Nome Eskimo Community, Aztec, and Maya.
(b) "Asian" means an individual with origins in any
of the original peoples of Central or East Asia, Southeast Asia, or South Asia,
including, but not limited to, Chinese, Asian Indian, Filipino, Vietnamese,
Korean, and Japanese.
(c) "Black or African American" means an individual
with origins in any of the Black racial groups of Africa, including, but not
limited to, African American, Jamaican, Haitian, Nigerian, Ethiopian, and
Somali.
(d) "Hispanic or Latino" means an individual of
Mexican, Puerto Rican, Salvadoran, Cuban, Dominican, Guatemalan, and other
Central or South American or Spanish culture or origin.
(e) "Middle Eastern or North African" means an
individual with origins in any of the original peoples of the Middle East or
North Africa, including, but not limited to, Lebanese, Iranian, Egyptian,
Syrian, Iraqi, and Israeli.
(f) "Native Hawaiian or Pacific Islander" means an
individual with origins in any of the original peoples of Hawaii, Guam, Samoa,
or other Pacific Islands, including, but not limited to, Native Hawaiian,
Samoan, Chamorro, Tongan, Fijian, and Marshallese.
(g) "Public body" means any of the following:
(i)
The executive office of the governor, or a state
agency, department, division, bureau, board, commission, council, authority, or
other body in the executive branch of state government.
(ii)
The legislature or an agency, board, commission, or council in the legislative
branch of state government.
(iii)
A county, city, township, village, intercounty, intercity, or regional
governing body.
(iv) A
council, school district, special district, or municipal corporation.
(v) A board,
department, commission, or council or an agency of a board, department,
commission, or council.
(vi) A
state public university.
(vii) Any
other body that is created by state or local authority or is primarily funded
by or through state or local authority, if the body exercises governmental or
proprietary authority or performs a governmental or proprietary function.
(h) "State public
university" means a university described in section 4, 5, or 6 of article
VIII of the state constitution of 1963.
(i) "White" means
an individual with origins in any of the original peoples of Europe, including,
but not limited to, English, German, Irish, Italian, Polish, and Scottish.
(j) "Writing" means
that term as defined in section 2 of the freedom of information act, 1976 PA
442, MCL 15.232.
Sec. 5. (1) Except as
otherwise provided under federal law, if a public body lists racial or ethnic
categories in a writing and the public body requests that an individual
designate the individual's race or ethnicity, not
later than 3 years after the effective date of this act the writing must
meet all of the following criteria:
(a) The writing must use a single combined race and ethnicity
question for the collection of the data.
(b) The writing must include the following minimum categories
and initial subcategories of races and
ethnicities and a write-in option for the purpose of designating an additional
subcategory for each minimum category:
(i)
The term "White" as a minimum category, and,
except as otherwise provided under subsection (5), all of the following
subcategories of that minimum category:
(A) English.
(B) German.
(C) Irish.
(D) Polish.
(E) Dutch.
(F) Italian.
(ii)
The term "Black or African American" as a minimum category, and, except as otherwise provided under subsection (5),
all of the following subcategories of that minimum category:
(A) Nigerian.
(B) Jamaican.
(C) Congolese.
(D) Haitian.
(E) Ethiopian.
(F) Somali.
(iii)
The term "American Indian or Alaska Native" as a minimum category,
and, except as otherwise provided under subsection
(5), all of the following subcategories of that minimum category:
(A) Sault Ste. Marie Tribe of
Chippewa Indians.
(B) Saginaw Chippewa Indian Tribe.
(C) Pokagon Band of Potawatomi
Indians.
(D) Nottawaseppi
Huron Band of the Potawatomi.
(E) Match-e-be-nash-she-wish Band of
Pottawatomi Indians.
(F) Little Traverse Bay Bands of
Odawa Indians.
(iv)
The term "Asian" as a minimum category, and,
except as otherwise provided under subsection (5), all of the following
subcategories of that minimum category:
(A) Asian Indian.
(B) Chinese.
(C) Vietnamese.
(D) Filipino.
(E) Korean.
(F) Pakistani.
(v)
The term "Native Hawaiian or Pacific Islander" as a minimum category,
and, except as otherwise provided under subsection
(5), all of the following subcategories of that minimum category:
(A) Polynesian.
(B) Native Hawaiian.
(C) Micronesian.
(D) Samoan.
(E) Chamorro.
(F) Melanesian.
(vi)
The term "Hispanic or Latino" as a minimum category, and, except as otherwise provided under subsection (5),
all of the following subcategories of that minimum category:
(A) Mexican.
(B) Puerto Rican.
(C) Cuban.
(D) Guatemalan.
(E) Dominican.
(F) Colombian.
(vii)
The term "Middle Eastern or North African" as a minimum category, except as otherwise provided under subsection (5),
and all of the following subcategories of that minimum category:
(A) Lebanese.
(B) Chaldean.
(C) Iraqi.
(D) Yemeni.
(E) Syrian.
(F) Palestinian.
(c) The writing must include the following instructions:
"Select all that apply and enter additional details in
the spaces below. Note, you may report more than one group.".
(2) A public body that develops or prints a writing described
in subsection (1) for the purpose of reporting or compiling workforce and
hiring data is not required to use the categories described in subsection (1)
until 3 years after the effective date of this act.
(3) Not later than 18 months after
the effective date of this act, each public body that develops or prints
a writing described in subsection (1) shall create, and post on its website or, if the public body does not have a website, in a
prominent and conspicuous place at the public body's principal office that is
accessible to the public, an action plan on race and ethnicity data,
which must include both of the following:
(a) A description of the actions taken by the public body to
comply with this section.
(b) A description of potential risks associated with the
collection of the race and ethnicity data.
(4) The race and ethnicity data
collected under this act is exempt from disclosure under section 13(1)(d) of
the freedom of information act, 1976 PA 442, MCL 15.243.
(5) Not later than 4 years after the
date that the data for a federal decennial census are made available to the
public, a public body that develops or prints a writing described in subsection
(1) shall, as necessary, update the writing using the detailed demographic and
housing characteristics data of the census so that the list of subcategories of
each minimum category contains the 6 most populous subcategories of that
minimum category in this state. This subsection applies beginning January 1,
2032.