BILL NUMBER: AB 1726	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 1, 2016

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 Health  care   Care 
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:
   
  SECTION 1.    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.
   (3) The State Department of Public Health and the State Department
of Health Care Services, on or after July 1, 2017, whenever
collecting 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.
   (4) The Board of Governors of the California Community Colleges,
the Trustees of the California State University, or the Regents of
the University of California, on or after July 1, 2017, whenever the
entity collects demographic data as to the ancestry or ethnic origin
of students for a report that includes student admission, enrollment,
completion, or graduation rates.
   (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) (1) The state agencies identified in subdivision (a) shall
make any data collected pursuant to subdivision (b) publicly
available, except as described in paragraph (2) for the entities
identified in paragraph (4) of subdivision (a), and 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.
   (2) Where applicable, each entity identified in paragraph (4) of
subdivision (a) shall comply with the federal Family Educational
Rights and Privacy Act (20 U.S.C. Sec. 1232g) and shall observe
federal criteria for ensuring statistical significance of data
collected and published.
   (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.
   (e) This section shall not apply to demographic data of graduate
or professional schools of the University of California.
   (f) This section shall apply to the University of California only
if the Regents of the University of California, by resolution, make
it applicable. 
   SECTION 1.    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. 
   (3) The State Department of Public Health and the State Department
of Health Care Services, on or after July 1, 2017, whenever
collecting 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.  
   (4) The Board of Governors of the California Community Colleges,
the Trustees of the California State University, or the Regents of
the University of California, on or after July 1, 2017, whenever the
entity collects demographic data as to the ancestry or ethnic origin
of students for a report that includes student admission, enrollment,
completion, or graduation rates. 
   (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)  (1)    The state agencies identified in
subdivision (a) shall make any data collected pursuant to subdivision
(b) publicly available,  except as described in paragraph (2)
for the entities identified in paragraph (4) of subdivision (a), and
 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. 
   (2) Where applicable, each entity identified in paragraph (4) of
subdivision (a) shall comply with the federal Family Educational
Rights and Privacy Act (20 U.S.C. Sec. 1232g) and shall observe
federal criteria for ensuring statistical significance of data
collected and published. 
   (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. 
   (e) This section shall not apply to demographic data of graduate
or professional schools of the University of California.  
   (f) 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.  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.