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 




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               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 




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          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 




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          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 




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          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




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          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




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          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

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