BILL NUMBER: AB 1088 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 6, 2011
PASSED THE ASSEMBLY SEPTEMBER 8, 2011
AMENDED IN SENATE AUGUST 30, 2011
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
(Coauthor: Senator Lieu)
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, 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, Hawaiian, Guamanian, 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.
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 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 Asian Americans as
well as Native Hawaiians and other Pacific Islanders than any other
state in the nation.
(b) Asian Americans as well as Native Hawaiians and other Pacific
Islanders represent 15.5 percent of the state's population, growing
by nearly 34 percent from 2000 to 2010.
(c) 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 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 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 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 Pacific Islander group, including, but not limited
to, Hawaiian, Guamanian, 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) This section shall only apply to the following state
agencies:
(1) The Department of Industrial Relations.
(2) 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.
(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.
(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.