California Legislature—2015–16 Regular Session

Assembly Bill No. 176

Introduced by Assembly Member Bonta

January 26, 2015

An act to add Section 66027.1 to the Education Code, and to amend Section 8310.7 of the Government Code, relating to data collection.

LEGISLATIVE COUNSEL’S DIGEST

AB 176, as introduced, Bonta. Data collection.

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 specified Asian groups and Pacific Island groups, and requires a state agency, board, or commission 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. Existing law requires specified agencies to use additional separate collection categories and other tabulations for major Asian groups and Native Hawaiian and other Pacific Islander groups, and also requires those agencies to take additional actions, including, among other things, posting, and annually updating, the demographic data collected on their Internet Web sites, and updating the reporting categories to reflect these Asian and Pacific Islander groups as they are reported for the 2020 census.

This bill would add the State Department of Public Health to the list of agencies that are required to use the additional separate collection categories and other tabulations, and to take additional actions as specified above, including posting the demographic data collected on its Internet Web site. It would also require the updating of the reporting categories for future decennial censuses.

This bill would require the Board of Governors of the California Community Colleges, the Trustees of the California State University, the Regents of the University of California, and each campus of the California Community Colleges, the California State University, and the University of California, whenever they collect demographic data as to the ancestry or ethnic origin of students, to use specified collection categories and tabulations for each major Asian group and each major Pacific Island group, as specified, and to include that data using those categories in every demographic report on ancestry or ethnic origins of students. The bill would require the data collected to be made publicly available by posting the data by those categories on the applicable campus or entity’s Internet Web site and would require the updating of the reporting categories for each decennial census. The bill would specify that the bill’s provisions would be applicable to the University of California only if the Regents of the University of California, by resolution, make the provisions applicable.

To the extent the bill would impose additional requirements on community colleges, the bill would impose a state-mandated local program.

The California Constitution requires the State to reimburse local agencies and school districts for certain costs mandated by the State. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the State, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 66027.1 is added to the Education Code,
to read:

66027.1.  

(a) Whenever the Board of Governors of the
California Community Colleges, the Trustees of the California
State University, the Regents of the University of California, or
any campus of the California Community Colleges, the California
State University, and the University of California collects
demographic data as to the ancestry or ethnic origin of students,
separate collection categories and tabulations shall be used for the
following:

(1) Each major Asian group, including, but not limited to, Asian
Indian, Bangladeshi, Cambodian, Chinese, Filipino, Hmong,
Indonesian, Japanese, Korean, Laoatian, Malaysian, Pakistani, Sri
Lankan, Taiwanese, Thai, and Vietnamese.

(2) Each major Pacific Island group, including, but not limited
to, Fijian, Guamanian, Hawaiian, Samoan, and Tongan.

(3) The data collected as provided in this subdivision shall be
included in every demographic report on ancestry or ethnic origins
of students that is published or released by the applicable campus
or entity on or after July 1, 2016.

(b) Data collected as specified in subdivision (a) shall be made
publicly available, except for personal identifying information,
which shall be deemed confidential, by posting the data on the
Internet Web site of the applicable campus or entity by July 1,
2016, and shall be updated annually thereafter. This subdivision
shall not be construed to prevent any other state agency from
posting data collected as specified in subdivision (a) on the
agency’s Internet Web site, in a manner prescribed by this section
or Section 8310.5 or 8310.7 of the Government Code.

(c) Each entity and campus specified in subdivision (a) shall,
within 18 months after a decennial United States Census is released
to the public, update their data collection to reflect the Asian groups
and Native Hawaiian and Pacific Islander groups as they are
reported by the United States Census Bureau.

(d) The provisions of this section shall apply to the University
of California only if the Regents of the University of California,
by resolution, make it applicable.

SEC. 2.  

Section 8310.7 of the Government Code is amended
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.

begin insert

(3) The State Department of Public Health.

end insert

(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 (b) 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 begin insert thereafter, except
for the State Department of Public Health, which shall post the
data on its Internet Web site by July 1, 2016, and annually end insert
thereafter. This subdivision shall not be construed to prevent any
other state agency from posting data collected pursuant to
subdivision (b) 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 begin delete the end delete begin insert a end insert decennial United States Census begin delete for the year
2020 end delete 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.  

If the Commission on State Mandates determines that
this act contains costs mandated by the State, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.