BILL NUMBER: AB 176	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 28, 2015
	AMENDED IN ASSEMBLY  APRIL 14, 2015
	AMENDED IN ASSEMBLY  MARCH 23, 2015

INTRODUCED BY   Assembly Member Bonta
   (  Coauthor:   Assembly Member 
 Thurmond   Coauthors:   Assembly
Members   Chiu,   Gonzalez,   and Thurmond
 )

                        JANUARY 26, 2015

   An act to add Section 66027.1 to the Education Code, and to amend
Section 8310.7 of, and to add Section 8310.6 to, 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
decennial census.
   This bill would require the updating of the reporting categories
for future decennial censuses. 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   and  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   under certain
circumstances  .
   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 
 this  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 not apply these categorization requirements to
demographic data of graduate and professional schools of the
University of California.  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   it 
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) This section shall not apply to demographic data of graduate
or professional schools of the University of California. 

   (d) The provisions of this 
    (e)     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 8310.6 is added to the Government Code, to read:
   8310.6.  On or after July 1, 2016, whenever the  State
Department of Public Health, the  State Department of Health
Care  Services,   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.
  SEC. 3.  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.
   (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 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.
  SEC. 4.  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.