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 the State Department of Public Health, the State Department of Health 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 thebegin delete State,end deletebegin insert state,end insert 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 8310.7 of the Government Code is
2amended to read:
(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 Publicbegin delete Health and the State begin insert Health,end insert on or after July 1,
8Department of Health Care Services,end delete
9begin delete 2017,end deletebegin insert
2018,end insert whenever collecting demographic data as to the
10ancestry or ethnic origin of persons for a report that includesbegin delete the rates for major diseases,
P3 1type and amount of health care coverage,end delete
2leading causes of death per demographic, subcategories for leading
3causes of death in California overall, pregnancy rates, or housing
4numbers.
5
(4) The State Department of Health Care Services, on or after
6July 1, 2018, whenever collecting demographic data as to the
7ancestry or ethnic origin of persons.
8(4)
end delete
9begin insert(end insertbegin insert5)end insert The Trustees of the California State University or the
10Regents of the University of California, on or after July 1, 2017,
11whenever the entity collects demographic data as to the ancestry
12or ethnic origin of students for a report that includes student
13admission, enrollment, completion, or graduation rates.
14(5)
end delete
15begin insert(end insertbegin insert6)end insert The Board of Governors of the California Community
16
Colleges, on or after July 1, 2020, whenever the entity collects
17demographic data as to the ancestry or ethnic origin of students
18for a report that includes student enrollment, completion, or
19graduation rates.
20(b) In addition to the duties imposed under Section 8310.5, the
21state agencies described in subdivision (a), in the course of
22collecting demographic data directly or by contract as to the
23ancestry or ethnic origin of California residents, shall collect and
24tabulate data for the following:
25(1) Additional major Asian groups, including, but not limited
26to, Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani, Sri
27Lankan, Taiwanese, and Thai.
28(2) Additional major Native Hawaiian and other Pacific
Islander
29groups, including, but not limited to, Fijian and Tongan.
30(c) (1) The state agencies identified in subdivision (a) shall
31make any data collected pursuant to subdivision (b) publicly
32available, except as described in paragraph (2) for the entities
33identified in paragraphbegin delete (4) or (5)end deletebegin insert (5) or (6)end insert of subdivision (a),begin insert and
34except as described in paragraph (3) for departments identified
35in paragraphs (3) and (4) of subdivision (a),end insert and except for
36personal identifying information, which shall be deemed
37confidential, by posting the data on the Internet Web site of the
38agency
on or before July 1, 2012, and annually thereafter. This
39subdivision shall not be construed to prevent any other state agency
40from posting data collected pursuant to subdivision (b) on the
P4 1agency’s Internet Web site, in the manner prescribed by this
2section.
3(2) Where applicable, each entity identified in paragraphbegin delete (4) or begin insert (5) or (6)end insert of subdivision (a) shall comply with the federal
4(5)end delete
5Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g)
6and shall observe federal criteria for ensuring statistical significance
7of data collected and published.
8
(3) The state departments identified in paragraphs (3) and (4)
9of subdivision (a) shall not report demographic data that would
10permit identification of individuals. These departments may, to
11prevent identification of individuals, aggregate data categories at
12a state, county, city, census tract, or ZIP Code level to facilitate
13comparisons and identify disparities.
14(d) (1) Except as provided in paragraph (2) for the Board of
15Governors of the California Community Colleges, the state
16agencies identified in subdivision (a) shall, within 18 months after
17a decennial United States Census is released to the public, update
18their data collection to reflect the additional Asian groups and
19additional Native Hawaiian and Pacific Islander groups as they
20are reported by the United States Census Bureau.
21(2) Paragraph (1) shall not apply to the Board of Governors of
22the California Community Colleges until 18 months after the 2030
23decennial United States Census is released to the public.
24
(e) The state departments identified in paragraphs (3) and (4)
25of subdivision (a) shall not report demographic data that would
26result in statistical unreliability.
27
(f) The state department identified in paragraph (3) of
28subdivision (a) may, but is not required to, collect demographic
29data pursuant to this section under either of the following
30circumstances:
31
(1) Pursuant to federal programs or surveys, whereby the
32guidelines for demographic data collection categories are defined
33by the federal program or survey.
34
(2) Demographic data collected by other entities, including
35either of the following:
36
(A) State offices, departments, and agencies not included in
37subdivision (a).
38
(B) Third-party entity administered surveys not solely funded
39by the state department.
40(e)
end delete
P5 1begin insert(end insertbegin insertg)end insert This section shall not apply to demographic data of graduate
2or professional schools of the University of California.
3(f)
end delete
4begin insert(end insertbegin inserth)end insert This section shall apply to the University of California only
5if the Regents of the University of California, by resolution, make
6it
applicable.
If the Commission on State Mandates determines that
8this act contains costs mandated by the State, reimbursement to
9local agencies and school districts for those costs shall be made
10pursuant to Part 7 (commencing with Section 17500) of Division
114 of Title 2 of the Government Code.
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96