BILL NUMBER: AB 1088 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 15, 2011
AMENDED IN SENATE JUNE 21, 2011
AMENDED IN ASSEMBLY MAY 27, 2011
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 revise and recast the specified categories. This
bill would require a state agency, board, or commission that directly
or by contract collects demographic data to include data on
specified collection categories and tabulations in every demographic
report on ancestry or ethnic origins of California residents that it
publishes or releases on or after July 1, 2012.
This bill would require specified agencies 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, 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 these agencies to update
their data collection categories to match those used by the United
States Census Bureau. This bill would further require these agencies
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, by requiring these
state agencies, on or before July 1, 2012, to post, and annually
update, the demographic data on their Internet Web sites.
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) One-third of the nation's Asians and
Asian Americans as well as Native Hawaiians and other Pacific
Islanders, totaling 5.4 million people, live in California, making
the state home to more Asians and Asian
Americans as well as Native Hawaiians and other Pacific
Islanders than any other state in the nation.
(b) Asians and Asian Americans as well as
Native Hawaiians and other Pacific Islanders represent 15.5
percent of the state's population, and grew by 33.6
growing by nearly 34 percent from 2000 to 2010.
(c) Asians and 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 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 Asian Americans as
well as Native Hawaiians and other 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 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, 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 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) A 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.
tabulations for the following:
(1) Each major Asian group, including, but not limited to,
Chinese, Japanese, Filipino, Korean, Vietnamese, Asian Indian,
Laotian, and Cambodian.
(2) Each major Native Hawaiian and other Pacific Islander group,
including, but not limited to, Native Hawaiian, Guamanian (also known
as Chamorro), and Samoan.
(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.
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 California residents, 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 Department of Industrial Relations.
(4) The Department of Fair Employment and Housing.
8310.7. (a) This section shall only apply to the
following state agencies:
(1) The State Department of Health Care Services.
(2) The State Department of Public Health.
(3) The Department of Industrial Relations.
(4) The Department of Fair Employment and Housing.
(b) In addition to the duties imposed under Section 8310.5, the
state agencies described in subdivision (a), in the course of
collecting demographic data directly or by contract as to the
ancestry or ethnic origin of California residents, shall collect and
tabulate data for the following:
(1) Additional major Asian groups, including, but not limited to,
Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani, Sri Lankan,
Taiwanese, and Thai.
(2) Additional major Native Hawaiian and other Pacific Islander
groups, including, but not limited to, Fijian and Tongan.
(b)
(c) The state agencies identified in subdivision (a)
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.
(c)
(d) The state agencies identified in subdivision (a)
shall, within 18 months after the decennial United States Census for
the year 2020 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.