Amended in Senate June 30, 2015

Amended in Assembly May 28, 2015

Amended in Assembly April 14, 2015

Amended in Assembly March 23, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 176


Introduced by Assembly Member Bonta

(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, the State Department of Health Carebegin delete Services,end deletebegin insert Servicesend insert and the Department of Managed Health Care 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, 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 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 be applicable to the University of California only if the Regents of the University of California, by resolution, make 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 thebegin delete Stateend deletebegin insert stateend insert to reimburse local agencies and school districts for certain costs mandated by thebegin delete State.end deletebegin insert state.end insert 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:

P3    1

SECTION 1.  

Section 66027.1 is added to the Education Code,
2to read:

3

66027.1.  

(a) On or after July 1, 2016, whenever the Board of
4Governors of the California Community Colleges, the Trustees of
5the California State University, or the Regents of the University
6of California collects demographic data as to the ancestry or ethnic
7origin of students for a report that includes student admission,
8enrollment, completion, or graduation rates, the entity shall use
9separate collection categories and tabulations in accordance with
10the following:

11(1) No later than 18 months after a decennial United States
12Census is released to the public, each entity shall use the collection
13and tabulation categories for Asian, Native Hawaiian, and Pacific
14Islander groups as they are reported by the United States Census
15Bureau.

begin insert

16(2) The categories used by each entity for Asian, Native
17American, and Pacific Islander groups, to the extent not already
18required pursuant to paragraph (1), shall also include the
19following:

end insert
begin insert

20(A) Additional major Asian groups, including, but not limited
21to, Bangladeshi, Cambodian, Hmong, Indonesian, Laotian,
22Malaysian, Pakistani, Sri Lankan, Taiwanese, and Thai.

end insert
begin insert

23(B) Additional major Native Hawaiian and Pacific Islander
24groups, including, but not limited to, Fijian and Tongan.

end insert
begin delete

25(2)

end delete

26begin insert(3)end insert Until the release of the next decennial United States Census
27following the enactment of this section, each entity shall use the
28collection and tabulation categories for Asian, Native Hawaiian,
29and Pacific Islander groups that the entity used as of January 1,
302015.

begin delete

31(3)

end delete

32begin insert(4)end insert Each entity shall observe current standards regarding
33compliance with the Family Educational Rights and Privacy Act
34and shall observe criteria for ensuring statistical significance of
35data collected and published.

36(b) Each entity shall make the demographic data specified in
37subdivision (a) publicly available, except for personal identifying
38information, which shall be deemed confidential, by posting the
P4    1data on the applicable entity’s Internet Web site by July 1, 2016,
2and shall update the data annually thereafter. This subdivision shall
3not be construed to prevent any other state agency from posting
4data collected as specified in subdivision (a) on the state agency’s
5Internet Web site, in a manner prescribed by this section or Section
68310.5 or 8310.7 of the Government Code.

7(c) As used in this section, “entity” means the Board of
8Governors of the California Community Colleges, the Trustees of
9the California State University, and the Regents of the University
10of California.

11(d) This section shall not apply to demographic data of graduate
12or professional schools of the University of California.

13(e) This section shall apply to the University of California only
14if the Regents of the University of California, by resolution, make
15it applicable.

16

SEC. 2.  

Section 8310.6 is added to the Government Code, to
17read:

18

8310.6.  

On or after July 1, 2016, whenever the State
19Department of Health Care Services or the Department of Managed
20Health Care collects demographic data as to the ancestry or ethnic
21origin of persons for a report that includes the type and amount of
22health care coverage, rates for major diseases, leading causes of
23death per demographic, subcategories for leading causes of death
24in California overall, pregnancy rates, or housing numbers, that
25entity shall use separate collection categories and tabulations in
26accordance with subdivision (b) of Section 8310.7, and shall
27comply with the requirements of subdivision (c) and (d) of Section
288310.7.

29

SEC. 3.  

Section 8310.7 of the Government Code is amended
30to read:

31

8310.7.  

(a) This section shall only apply to the following state
32agencies:

33(1) The Department of Industrial Relations.

34(2) The Department of Fair Employment and Housing.

35(b) In addition to the duties imposed under Section 8310.5, the
36state agencies described in subdivision (a), in the course of
37collecting demographic data directly or by contract as to the
38ancestry or ethnic origin of California residents, shall collect and
39tabulate data for the following:

P5    1(1) Additional major Asian groups, including, but not limited
2to, Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani, Sri
3Lankan, Taiwanese, and Thai.

4(2) Additional major Native Hawaiian and other Pacific Islander
5groups, including, but not limited to, Fijian and Tongan.

6(c) The state agencies identified in subdivision (a) shall make
7any data collected pursuant to subdivision (b) publicly available,
8except for personal identifying information, which shall be deemed
9confidential, by posting the data on the Internet Web site of the
10agency on or before July 1, 2012, and annually thereafter. This
11subdivision shall not be construed to prevent any other state agency
12from posting data collected pursuant to subdivision (b) on the
13agency’s Internet Web site, in the manner prescribed by this
14section.

15(d) The state agencies identified in subdivision (a) shall, within
1618 months after a decennial United States Census is released to
17the public, update their data collection to reflect the additional
18Asian groups and additional Native Hawaiian and Pacific Islander
19groups as they are reported by the United States Census Bureau.

20

SEC. 4.  

If the Commission on State Mandates determines that
21this act contains costs mandated by the State, reimbursement to
22local agencies and school districts for those costs shall be made
23pursuant to Part 7 (commencing with Section 17500) of Division
244 of Title 2 of the Government Code.



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