Amended in Assembly April 14, 2015

Amended in Assembly March 23, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 176

Introduced by Assembly Member Bonta

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(Coauthor: Assembly Member Thurmond)

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January 26, 2015

An act to add Section 66027.1 to the Education Code, and to amend Section 8310.7 of begin insert , and to add Section 8310.6 to, end insert the Government Code, relating to data collection.

LEGISLATIVE COUNSEL’S DIGEST

AB 176, as amended, 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 begin insert decennial end insert census.

This bill would begin delete 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 end delete require the updating of the reporting categories for future decennial censuses. begin insert The bill would require, on or after July 1, 2016, whenever the State Department of Public Health, the State Department of Health Care Services, or the Department of Managed Health Care collects demographic data as to the ancestry or ethnic origin of persons for a report that includes specified categories of information, that entity to use the additional separate collection categories and other tabulations for specified Asian groups and Pacific Island groups, and to take additional actions as specified above, including posting the demographic data collected on its Internet Web site. end insert

This bill would, on and after July 1, 2016, require the Board of Governors of the California Community Colleges, the Trustees of the California State University, and the Regents of the University of California, whenever those entities collect demographic data as to the ancestry or ethnic origin of students for a report that includes student admission, enrollment, completion, or graduation rates, to use specified collection and tabulation categories for Asian, Native Hawaiian, and Pacific Islander groups, as specified. The bill would require each entity specified above to make the demographic data publicly available by posting the data on the applicable 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) On or after July 1, 2016, whenever the Board of
Governors of the California Community Colleges, the Trustees of
the California State University, or the Regents of the University
of California collects demographic data as to the ancestry or ethnic
origin of students for a report that includes student admission,
enrollment, completion, or graduation rates, the entity shall use
separate collection categories and tabulations in accordance with
the following:

(1) No later than 18 months after a decennial United States
Census is released to the public, each entity shall use the collection
and tabulation categories for Asian, Native Hawaiian, and Pacific
Islander groups as they are reported by the United States Census
Bureau.

(2) Until the release of the next decennial United States Census
following the enactment of this section, each entity shall use the
collection and tabulation categories for Asian, Native Hawaiian,
and Pacific Islander groups that the entity used as of January 1,
2015.

(3) Each entity shall observe current standards regarding
compliance with the Family Educational Rights and Privacy Act
and shall observe criteria for ensuring statistical significance of
data collected and published.

(b) Each entity shall make the demographic data specified in
subdivision (a) publicly available, except for personal identifying
information, which shall be deemed confidential, by posting the
data on the applicable entity’s Internet Web site by July 1, 2016,
and shall update the data 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 state agency’s
Internet Web site, in a manner prescribed by this section or Section
8310.5 or 8310.7 of the Government Code.

(c) As used in this section, “entity” means the Board of
Governors of the California Community Colleges, the Trustees of
the California State University, and the Regents of the University
of California.

(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.

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begin insert SEC. 2. end insert   

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begin insert Section 8310.6 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

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begin insert 8310.6. end insert   

On or after July 1, 2016, whenever the State
Department of Public Health, the State Department of Health Care
Services, or the Department of Managed Health Care collects
demographic data as to the ancestry or ethnic origin of persons
for a report that includes the type and amount of health care
coverage, rates for major diseases, leading causes of death per
demographic, subcategories for leading causes of death in
California overall, pregnancy rates, or housing numbers, that
entity shall use separate collection categories and tabulations in
accordance with subdivision (b) of Section 8310.7, and shall
comply with the requirements of subdivision (c) and (d) of Section
8310.7.

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begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

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.

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(3) The State Department of Public Health.

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(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 begin delete annually thereafter, except
for the State Department of Public Health, which shall post the
data on its Internet Web site by July 1, 2016, and end delete annually
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 a decennial United States Census 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.

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

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.