BILL ANALYSIS Ó Bill No: AB 1088 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION Senator Roderick D. Wright, Chair 2011-2012 Regular Session Staff Analysis AB 1088 Author: Eng As Amended: June 21, 2011 Hearing Date: June 28, 2011 Consultant: Art Terzakis SUBJECT State Agencies: collection of demographic data DESCRIPTION AB 1088 requires certain state agencies to collect and tabulate data for additional major Asian groups, as listed, in order to better reflect the diversity of Asian American, Native Hawaiian and Pacific Islander communities in California. Specifically, this measure: 1. Makes various legislative findings and declarations relative to the fact that Asians and Pacific Islanders, an extremely diverse group, represent approximately 15.5% of the state's population and that demographic data should be revised on a regular basis and made accessible to the public so that local governments, elected officials, decision makers and other stakeholders can use the information to strategically target programs for those in need. 2. Requires the Department of Health Care Services (DHCS), the Department of Public Health (DPH), the Department of Industrial Relations (DIR), and the Department of Fair Employment and Housing (DFEH), in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of California residents, to 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 AB 1088 (Eng) continued Page 2 additional major Native Hawaiian and other Pacific Islander groups, including, but not limited to Fijian and Tongan. 3. Requires DHCS, DPH, DIR, and DFEH to make any data collected pursuant to this measure, publicly available, except for personal identifying information, which shall be deemed confidential, by posting the data on the Internet Web site of the agency by July 1, 2012, and annually thereafter. 4. Requires DHCS, DPH, DIR, and DFEH to update their data collection to reflect the additional Asian, Native Hawaiian, and Pacific Islander groups as they are reported by the United States Census Bureau within 18 months after the decennial U.S. Census for the year 2020 is released to the public. 5. Revises and recasts existing major Asian group categories for purposes of collecting demographic data and adds a new provision that stipulates the data collected by state agencies, boards, and commissions pursuant to the different collection categories must be included in every demographic report on ancestry or ethnic origins of Californians published or released on or after 7/1/2012. EXISTING LAW Existing law requires state agencies, boards, and commissions which directly or by contract collect 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. BACKGROUND Purpose of AB 1088: The author's office notes that currently the law requires state agencies that collect demographic data on the ethnic origin of Californians to disaggregate that information for each Asian Pacific Islander (API) group, including, but not limited to, Chinese, Japanese, Filipino, Korean, Vietnamese, Asian Indian, Hawaiian, Guamanian, Samoan, Laotian, and AB 1088 (Eng) continued Page 3 Cambodian. The author's office points out that this measure would require state agencies to collect demographic data for additional API ethnic groups, including, but not limited to, Bangladeshi, Fijian, Hmong, Indonesian, Malaysian, Pakistani, Sri Lankan, Taiwanese, Thai, and Tongan. Proponents of this measure state that the API community is extremely diverse and its different ethnicities face their own unique challenges in areas such as education, language, employment, health, and incarceration. Proponents believe that disaggregation of demographics data for these diverse API ethnicities would enable state agencies and social service providers to analyze who is and is not benefitting from the vast array of services provided by the state. Utilizing this disaggregated data to develop targeted programs for underserved populations would reduce future costs to the state by providing these populations with assistance and access to government programs before conditions arise to impact whole regions across the state. Proponents cite the fact that Asian American, Native Hawaiian, and Pacific Islander (AANHPI) communities are not a homogenous group, but instead encompass a great variety of social and economic conditions. While overall data may show that AANHPI are doing better than average on certain social indicators, data that is separated out by ethnic group clearly shows that certain communities, especially among Pacific Islander and Southeast Asian ethnic groups, have some of the greatest needs, including some of the highest poverty rates and lowest educational attainment rates in California. Laotians, Cambodians, and Hmong, for example, have some of the highest poverty rates of all ethnic groups. Similarly, AANHPI overall have a low mortality rate from homicides, but particular ethnic groups, including Cambodians and Vietnamese, have rates that are two to four times greater than average. In the health care arena, specific AANHPI ethnic groups are more likely to face certain conditions, a fact that is masked when looking only at overall data for all AANHPI. For example, Vietnamese, Native Hawaiians, and Pacific Islanders, experience frequent mental distress at higher rates than other AANHPI groups, yet the Vietnamese represent the highest proportion AB 1088 (Eng) continued Page 4 of insured Californians who are without mental health coverage. Proponents claim that AANHPI make up 15.5% of the state's population and continue to grow. From 1990 to 2000, the combined AANHPI population grew by as much as 52%. AANHPIs are now the second largest major racial or ethnic group in four counties and the majority of the population in eight cities across California. PRIOR/RELATED LEGISLATION AB 1737 (Eng) 2009-10 Session. Would have required certain state agencies to use additional separate collection categories and tabulations for major Asian, Native Hawaiian, and Pacific Islander groups. (Held on Suspense in Assembly Appropriations) SB 26 (Simitian) 2007-08 Session. Would have enacted the "Ethnic Heritage Respect and Recognition Act of 2007" modeled after the Clinton Administration's "Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity." It required any state entity that collects demographic data on the ancestry, ethnic origin, ethnicity, or race of Californians to provide forms that offer respondents the option of selecting one or more ethnic or racial designations. (Held in Assembly Appropriations) AB 295 (Lieu) of 2007-08 Session. Would have required various state entities to report collected demographic data according to each major API group and make that data available to the public to the extent that disclosure did not violate confidentiality. (Vetoed by the Governor on the basis that existing law gives state agencies the flexibility to expand upon current demographic categories if necessary. The Governor encouraged the proponents to work with individual agencies if they believe a circumstance exists where expanding the number of ethnic categories for the purposes of data collection is warranted.). SB 1615 (Simitian) of 2005-06 Session. Would have required state entities that collect demographic data on the ancestry, ethnic origin, ethnicity, or race of Californians to provide forms that offer respondents the option of AB 1088 (Eng) continued Page 5 selecting one or more ethnic or racial designations. (Held on Suspense in Senate Appropriations) AB 2420 (Lieu) 2005-06 Session. Would have expanded from 11 to 23 the ancestry or ethnic origin collection categories required to be collected by any state agency, board, commission, California Community Colleges, or the California State University. Also, would have required the above entities to collect, tabulate, report, and make available to the public data collected on the groups. (Held in Senate Appropriations) SB 301 (Alarcon) of 2003-04 Session. Would have created the Commission on Latino/Latina Affairs consisting of 15 members. Also, provided that the duties of the commission include advising the Governor, the Legislature, and state agencies, departments, and commissions on issues relating to the social and economic development, and the rights and interests of Latino/Latina communities. (Vetoed by the Governor on the basis that the Legislature and the Administration can create commissions to advise them without the need for legislation.) AB 116 (Nakano) Chapter 716 of 2002. Created the Commission on Asian and Pacific Islander American Affairs consisting of 13 members appointed, as specified. The duties of the commission include advising the Governor, the Legislature, and state agencies, departments and commissions on issues relating to the social and economic development, and the rights and interests of APIA communities. SUPPORT: As of June 24, 2011: Asian Americans for Civil Rights and Equality (co-sponsor) Asian Pacific American Legal Center (APALC) (co-sponsor) Asian and Pacific Islanders California Action Network (co-sponsor) Advancement Project American Cancer Society American Lung Association Asian & Pacific Islander Health Forum Asian Alliance Law Asian Americans for Community Involvement Asian Business Association Asian Law Caucus AB 1088 (Eng) continued Page 6 Asian Pacific American Medical Student Association Asian Pacific Environment Network Asian Pacific Islander Caucus for Public Health Asian Pacific Islander School Board Members Association Asian Pacific Liver Center California Immigrant Policy Center California Pan-Ethnic Health Network Californians Together Communities for Clean Ports CSU Sacramento Polynesian Club CSULB Pacific Islanders Association Empowering Pacific Islander Communities Filipino American Service Group Inc. Guam Communities Network Housing and Economic Rights Advocates Institute for Social Research, University of Michigan International Children Assistance Network Japanese American Citizen's League Kaleponi Advocates for Hawaiian Affairs Korean Resource Center Korea Town Immigrant Workers Alliance Kutturan Chamoru Foundation Mainland Council: Association of Hawaiian Civic Clubs Maintenance Cooperation Trust Fund Montebello Unified School District National Asian Pacific American Families Against Substance Abuse National Association of Social Workers - California Chapter SUPPORT (continued) One East Palo Alto Neighborhood Improvement Initiative Pacific Asian Counseling Services PAC BIZ Pacific Clinics Pacific Health Pacific Islander Health Partnership Pacific Links Foundation Samoan Solutions Search to Involve Pilipino Americans SF Samoa and Samoa Parents in Action Sikh American Legal Defense and Education Fund Strategic Actions for a Just Economy Tafesilafa'i Inc. Taiwanese American Citizens League Tau Omega Alpha - First Asian American Fraternity Thai Community Development Center AB 1088 (Eng) continued Page 7 The Asian American Education Institute The Samoan Community Development Center The Second Samoan Congregation Church The Sorority of Oceania The Wage Justice Center TOA Institute TOFA (To'utupu'o e 'Otu Felenite Association) Inc Tongan American Youth Foundation Tongan Community Service Center Urban Islanders Vietnamese for Health Coalition Youth of Samoa California (Tupulaga A Samoa Kalifonia) OPPOSE: None on file as of June 24, 2011 FISCAL COMMITTEE: Senate Appropriations Committee **********