BILL NUMBER: AB 1088 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 25, 2011
INTRODUCED BY Assembly Member Eng
FEBRUARY 18, 2011
An act to amend Section 8310.5 of , and to add Section
8310.7 to, the Government Code, relating to state agencies.
LEGISLATIVE COUNSEL'S DIGEST
AB 1088, as amended, Eng. State agencies: collection of
demographic data.
Existing law requires any state agency, board, or commission that
directly or by contract collects demographic data as to the ancestry
or ethnic origin of Californians to use separate collection
categories and tabulations for each major Asian and Pacific Islander
group, including, but not limited to, Chinese, Japanese, Filipino,
Korean, Vietnamese, Asian Indian, Hawaiian, Guamanian, Samoan,
Laotian, and Cambodian.
This bill would require specified state agencies
every state agency, board, or commission to use
additional separate collection categories and tabulations for other
major Asian groups and Native Hawaiian and other Pacific Islander
groups, including, but not limited to, Bangladeshi, Fijian,
Hmong, Indonesian, Malaysian, Pakistani, Sri Lankan, Taiwanese, Thai,
and Tongan Asian Indian, Bangladeshi, Cambodian,
Chinese, Filipino, Hmong, Indonesian, Japanese, Korean, Laotian,
Malaysian, Pakistani, Sri Lankan, Taiwanese, Thai, Vietnamese,
Fijian, Native Hawaiian, Guamanian (also known as Chamorro), Samoan,
and Tongan . This bill would also require that these
specified state agencies a state agency, board, or
commission update their data collection categories to match
those used by the United States Census Bureau. This bill would
further require a state agency, board, or commission that directly or
by contract collects demographic data, include data on specified
collection categories and tabulations in every demographic report on
ancestry or ethnic origins of Californians that it publishes or
releases on or after July 1, 2012. This bill would further require a
state agency, board, or commission to make the collected data
available to the public, in accordance with state and federal law,
except for personal identifying information, which shall be deemed
confidential. The bill would also require a state agency,
board, or commission specified state agencies, on or
before July 1, 2012, to post, and annually update, the
demographic data on its Internet Web site.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and declares all of the
following:
(a) More than one-third One-third of
the nation's Asians and Pacific Islanders , totaling 5.4
million people, live in California, making the state home to
more Asians and Pacific Islanders than any other state in the nation.
(b) Asians and Pacific Islanders represent 14
15.5 percent of the state's population, and grew by
52 percent from 1990 to 2000 33.6 percent
from 2000 to 2010 .
(c) Asians and 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 Statistics 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.
(d) While Asians and Pacific Islanders are often misrepresented as
a homogeneous group, they actually represent dozens of different
cultures, languages, and ethnic groups and have a wide range of
economic, educational, and social needs.
(e) Existing state law requires state demographic data to be
divided into some Asian and some Native Hawaiian and Pacific Islander
ethnic groups. However, additional groups reported by the United
States Census Bureau are not included in state demographic data.
(d) While Asians and Pacific Islanders are often misrepresented as
a homogeneous group, they are an extremely diverse group, with
ethnicities from over 30 different countries. Although Asian and
Pacific Islander communities in this state share geographical and
cultural commonalities, they also experience diverse social,
educational, health, and economic differences that are unique to
their respective communities.
(e) 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 intrastate 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 accessible to the public so that regional and
local governments, elected officials, decisionmakers, and other
stakeholders can use the information to strategically target programs
for those most in need.
(f) Given the diversity of languages and cultures, separating data
for additional Asian and additional Native Hawaiian and Pacific
Islander ethnic groups is and making the data
publicly accessible are critical for enhancing our state's
understanding of the needs and experiences of these different
communities.
SEC. 2. Section 8310.5 of the Government Code is amended to read:
8310.5. (a) Every state agency, board, or commission that
directly or by contract collects demographic data as to the ancestry
or ethnic origin of Californians shall use separate collection
categories and tabulations for each major Asian group,
including, but not limited to, Chinese, Japanese, Filipino, Korean,
Vietnamese, Asian Indian, Laotian, and Cambodian, and each major
Native Hawaiian and Pacific Islander group, including, but not
limited to, Native Hawaiian, Guamanian (also known as Chamorro), and
Samoan. group, including, but not limited to, Asian
Indian, Bangladeshi, Cambodian, Chinese, Filipino, Hmong,
Indonesian, Japanese, Korean, Laotian, Malaysian, Pakistani, Sri
Lankan, Taiwanese, Thai, and Vietnamese, and each major Native
Hawaiian and Pacific Islander group, including, but not limited to,
Fijian, Native Hawaiian, Guamanian (also known as Chamorro), Samoan,
and Tongan.
(b) 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
Californians by the state agency, board, or commission published or
released on or after July 1, 2012. 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.
(c) Every state agency, board, or commission that directly or by
contract collects the demographic data in the manner prescribed by
subdivision (a) shall make the data publicly available, except for
personal identifying information, which shall be deemed confidential,
by posting the data on its Internet Web site by July 1, 2012, and
annually thereafter.
(c) The State Department of Health Care Services, the State
Department of Public Health, the Department of Industrial Relations,
and the Department of Fair Employment and Housing shall make any data
collected pursuant to subdivision (a) publicly available, 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 1, 2012, and annually thereafter. This
subdivision shall not be construed to prevent any other state agency
from posting data collected pursuant to subdivision (a) on the agency'
s Internet Web site, in the manner prescribed by this section.
(d) A state agency shall, within 18 months after the United States
Census is released to the public, update their data collection to
reflect the additional Asian groups and additional Native Hawaiian
and Pacific Islander groups as they are reported by the United States
Census Bureau.
SEC. 3. Section 8310.7 is added to the
Government Code, to read:
8310.7. (a) In addition to the duties imposed under Section
8310.5, the following state agencies, in the course of collecting
demographic data directly or by contract as to the ancestry or ethnic
origin of Californians, shall collect and tabulate data for
additional major Asian groups, including, but not limited to,
Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani, Sri Lankan,
Taiwanese, and Thai, and additional major Native Hawaiian and other
Pacific Islander groups, including, but not limited to, Fijian and
Tongan:
(1) The State Department of Health Care Services.
(2) The State Department of Public Health.
(3) The State Department of Social Services.
(4) The Employment Development Department.
(5) The Department of Industrial Relations.
(6) The State Personnel Board.
(7) The Department of Fair Employment and Housing.
(8) The State Department of Education.
(b) During the normal process of reporting demographic data, the
state agencies identified in subdivision (a) shall report the
collected data according to each Asian group and each Native Hawaiian
and Pacific Islander group specified in subdivision (a) and make
that data available to the public in accordance with state and
federal law, except for personal identifying information, which shall
be deemed confidential.
(c) The state agencies set forth in subdivision (a) shall comply
as early as possible, but no later than July 1, 2012.
(d) Any state agency identified in subdivision (a) shall make the
collected demographic data described in subdivision (a) publicly
available, except for personal identifying information, which shall
be deemed confidential, by posting the data on the agency's Internet
Web site by July 1, 2012, and annually thereafter.
(e) Notwithstanding subdivision (c), the state agencies pursuant
to subdivision (a) shall, within 18 months after the United States
Census is released to the public, update their data collection to
reflect the additional Asian groups and additional Native Hawaiian
and Pacific Islander groups as they are reported by the United States
Census Bureau.