Amended in Senate August 19, 2016

Amended in Senate August 15, 2016

Amended in Assembly May 31, 2016

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, O’Donnell, Ting, Weber, and Williams)

(Coauthor: Senator De León)

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 the State Department of Publicbegin delete 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 Californiaend deletebegin insert Healthend insert 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.begin delete 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.end delete

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To the extent the bill would impose additional requirements on community colleges, the bill would impose a state-mandated local program.

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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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

The people of the State of California do enact as follows:

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) begin deleteThe end deletebegin insertTo the extent funding is specifically appropriated for
8this purpose, the end insert
State Department of Public Health, on or after
P3    1July 1, begin delete 2018,end delete begin insert 2022,end insert whenever collecting demographic data as to
2the ancestry or ethnic origin of persons for a report that includes
3rates for major diseases, leading causes of death per demographic,
4subcategories for leading causes of death in California overall,
5pregnancy rates, or housing numbers.

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6(4) The State Department of Health Care Services, on or after
7July 1, 2018, whenever collecting demographic data as to the
8ancestry or ethnic origin of persons.

9(5) 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(6) The Board of Governors of the California Community
15 Colleges, on or after July 1, 2020, whenever the entity collects
16demographic data as to the ancestry or ethnic origin of students
17for a report that includes student enrollment, completion, or
18graduation rates.

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19(b) In addition to the duties imposed under Section 8310.5, the
20state agencies described in subdivision (a), in the course of
21collecting demographic data directly or by contract as to the
22ancestry or ethnic origin of California residents, shall collect and
23tabulate data for the following:

24(1) Additional major Asian groups, including, but not limited
25to, Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani, Sri
26Lankan, Taiwanese, and Thai.

27(2) Additional major Native Hawaiian and other Pacific Islander
28groups, including, but not limited to, Fijian and Tongan.

29(c) (1) The state agencies identified in subdivision (a) shall
30make any data collected pursuant to subdivision (b) publicly
31available,begin delete except as described in paragraph (2) for the entities
32identified in paragraph (5) or (6) of subdivision (a), andend delete
except as
33described in paragraphbegin delete (3) for departments identified in paragraphs
34(3) and (4)end delete
begin insert (2) for the department identified in paragraph (3)end insert of
35subdivision (a), and except for personal identifying information,
36which shall be deemed confidential, by posting the data on the
37Internet Web site of the agency on or before July 1, 2012, and
38annually thereafter. This subdivision shall not be construed to
39prevent any other state agency from posting data collected pursuant
P4    1to subdivision (b) on the agency’s Internet Web site, in the manner
2prescribed by this section.

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3(2) Where applicable, each entity identified in paragraph (5) or
4(6) of subdivision (a) shall comply with the federal Family
5Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and
6shall observe federal criteria for ensuring statistical significance
7of data collected and published.

end delete
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8(3)

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9begin insert(end insertbegin insert2)end insert The statebegin delete departmentsend deletebegin insert departmentend insert identified inbegin delete paragraphsend delete
10begin insert paragraphend insert (3)begin delete and (4)end delete of subdivision (a) shall not report
11demographic data that would permit identification of individuals.
12begin delete These departmentsend deletebegin insert The departmentend insert may, to prevent identification
13of individuals, aggregate data categories at a state, county, city,
14census tract, or ZIP Code level to facilitate comparisons and
15identify disparities.

16(d) begin delete(1)end deletebegin deleteend deletebegin deleteExcept as provided in paragraph (2) for the Board of
17Governors of the California Community Colleges, the end delete
begin insertThe end insertstate
18agencies identified in subdivision (a) shall, within 18 months after
19a decennial United States Census is released to the public, update
20their data collection to reflect the additional Asian groups and
21additional Native Hawaiian and Pacific Islander groups as they
22are reported by the United States Census Bureau.

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23(2) Paragraph (1) shall not apply to the Board of Governors of
24the California Community Colleges until 18 months after the 2030
25decennial United States Census is released to the public.

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26(e) The statebegin delete departmentsend deletebegin insert departmentend insert identified inbegin delete paragraphsend delete
27begin insert paragraphend insert (3)begin delete and (4)end delete of subdivision (a) shall not report
28demographic data that would result in statistical unreliability.

29(f) The state department identified in paragraph (3) of
30subdivision (a)begin delete may, but is not required to, collect demographic
31data pursuant to this sectionend delete
begin insert may continue to collect and report
32demographic data in the form that the data was submitted if the
33data was collectedend insert
under either of the following circumstances:

34(1) Pursuant to federal programs or surveys, whereby the
35guidelines for demographic data collection categories are defined
36by the federal program or survey.

37(2) Demographic data collected by other entities, including
38either of the following:

39(A) State offices, departments, and agencies not included in
40subdivision (a).

P5    1(B) Third-party entity administered surveys not solely funded
2by the state department.

begin delete

3(g) This section shall not apply to demographic data of graduate
4or professional schools of the University of California.

5(h) This section shall apply to the University of California only
6if the Regents of the University of California, by resolution, make
7it applicable.

end delete
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8

SEC. 2.  

If the Commission on State Mandates determines that
9this act contains costs mandated by the State, reimbursement to
10local agencies and school districts for those costs shall be made
11pursuant to Part 7 (commencing with Section 17500) of Division
124 of Title 2 of the Government Code.

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