Amended in Assembly March 1, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1726


Introduced by Assembly Member Bonta

(Coauthors: Assembly Members Chiu, Low, Ting, Weber, and Williams)

January 28, 2016


An act to amend Section 8310.7 of the Government Code, relating to data collection.

LEGISLATIVE COUNSEL’S DIGEST

AB 1726, 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 Islander 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, 2017, the State Department of Public Health, the State Department of Healthbegin delete careend deletebegin insert Careend insert Services, the Board of Governors of the California Community Colleges, the Trustees of the California State University, and the Regents of the University of California to use the additional separate collection categories and other tabulations for specified Asian groups and Pacific Islander groups, and to take additional actions as specified above, under certain circumstances. The bill would not apply its 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 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:

begin delete
P2    1

SECTION 1.  

Section 8310.7 of the Government Code is
2amended to read:

3

8310.7.  

(a) This section shall only apply to the following state
4agencies:

5(1) The Department of Industrial Relations.

6(2) The Department of Fair Employment and Housing.

7(3) The State Department of Public Health and the State
8Department of Health Care Services, on or after July 1, 2017,
9whenever collecting demographic data as to the ancestry or ethnic
10origin of persons for a report that includes the type and amount of
11health care coverage, rates for major diseases, leading causes of
12death per demographic, subcategories for leading causes of death
13in California overall, pregnancy rates, or housing numbers.

P3    1(4) The Board of Governors of the California Community
2Colleges, the Trustees of the California State University, or the
3Regents of the University of California, on or after July 1, 2017,
4whenever the entity collects demographic data as to the ancestry
5or ethnic origin of students for a report that includes student
6admission, enrollment, completion, or graduation rates.

7(b) In addition to the duties imposed under Section 8310.5, the
8state agencies described in subdivision (a), in the course of
9collecting demographic data directly or by contract as to the
10ancestry or ethnic origin of California residents, shall collect and
11tabulate data for the following:

12(1) Additional major Asian groups, including, but not limited
13to, Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani, Sri
14Lankan, Taiwanese, and Thai.

15(2) Additional major Native Hawaiian and other Pacific Islander
16groups, including, but not limited to, Fijian and Tongan.

17(c) (1) The state agencies identified in subdivision (a) shall
18 make any data collected pursuant to subdivision (b) publicly
19available, except as described in paragraph (2) for the entities
20identified in paragraph (4) of subdivision (a), and except for
21personal identifying information, which shall be deemed
22confidential, by posting the data on the Internet Web site of the
23agency on or before July 1, 2012, and annually thereafter. This
24subdivision shall not be construed to prevent any other state agency
25from posting data collected pursuant to subdivision (b) on the
26agency’s Internet Web site, in the manner prescribed by this
27section.

28(2) Where applicable, each entity identified in paragraph (4) of
29subdivision (a) shall comply with the federal Family Educational
30Rights and Privacy Act (20 U.S.C. Sec. 1232g) and shall observe
31federal criteria for ensuring statistical significance of data collected
32 and published.

33(d) The state agencies identified in subdivision (a) shall, within
3418 months after a decennial United States Census is released to
35the public, update their data collection to reflect the additional
36Asian groups and additional Native Hawaiian and Pacific Islander
37groups as they are reported by the United States Census Bureau.

38(e) This section shall not apply to demographic data of graduate
39or professional schools of the University of California.

P4    1(f) This section shall apply to the University of California only
2 if the Regents of the University of California, by resolution, make
3it applicable.

end delete
4begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 8310.7 of the end insertbegin insertGovernment Codeend insertbegin insert is
5amended to read:end insert

6

8310.7.  

(a) This section shall only apply to the following state
7agencies:

8(1) The Department of Industrial Relations.

9(2) The Department of Fair Employment and Housing.

begin insert

10(3) The State Department of Public Health and the State
11Department of Health Care Services, on or after July 1, 2017,
12whenever collecting demographic data as to the ancestry or ethnic
13origin of persons for a report that includes the type and amount
14of health care coverage, rates for major diseases, leading causes
15of death per demographic, subcategories for leading causes of
16death in California overall, pregnancy rates, or housing numbers.

end insert
begin insert

17(4) The Board of Governors of the California Community
18Colleges, the Trustees of the California State University, or the
19Regents of the University of California, on or after July 1, 2017,
20whenever the entity collects demographic data as to the ancestry
21or ethnic origin of students for a report that includes student
22admission, enrollment, completion, or graduation rates.

end insert

23(b) In addition to the duties imposed under Section 8310.5, the
24state agencies described in subdivision (a), in the course of
25collecting demographic data directly or by contract as to the
26ancestry or ethnic origin of California residents, shall collect and
27tabulate data for the following:

28(1) Additional major Asian groups, including, but not limited
29to, Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani, Sri
30Lankan, Taiwanese, and Thai.

31(2) Additional major Native Hawaiian and other Pacific Islander
32groups, including, but not limited to, Fijian and Tongan.

33(c) begin insert(1)end insertbegin insertend insert The state agencies identified in subdivision (a) shall
34make any data collected pursuant to subdivision (b) publicly
35available,begin insert except as described in paragraph (2) for the entities
36identified in paragraph (4) of subdivision (a), andend insert
except for
37personal identifying information, which shall be deemed
38confidential, by posting the data on the Internet Web site of the
39agency on or before July 1, 2012, and annually thereafter. This
40subdivision shall not be construed to prevent any other state agency
P5    1from posting data collected pursuant to subdivision (b) on the
2agency’s Internet Web site, in the manner prescribed by this
3section.

begin insert

4(2) Where applicable, each entity identified in paragraph (4)
5of subdivision (a) shall comply with the federal Family Educational
6Rights and Privacy Act (20 U.S.C. Sec. 1232g) and shall observe
7federal criteria for ensuring statistical significance of data
8collected and published.

end insert

9(d) The state agencies identified in subdivision (a) shall, within
1018 months after a decennial United States Census is released to
11the public, update their data collection to reflect the additional
12Asian groups and additional Native Hawaiian and Pacific Islander
13groups as they are reported by the United States Census Bureau.

begin insert

14(e) This section shall not apply to demographic data of graduate
15or professional schools of the University of California.

end insert
begin insert

16(f) This section shall apply to the University of California only
17if the Regents of the University of California, by resolution, make
18it applicable.

end insert
19

SEC. 2.  

If the Commission on State Mandates determines that
20this act contains costs mandated by the State, reimbursement to
21local agencies and school districts for those costs shall be made
22pursuant to Part 7 (commencing with Section 17500) of Division
234 of Title 2 of the Government Code.



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