BILL NUMBER: AB 1726 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 19, 2016
AMENDED IN SENATE AUGUST 15, 2016
AMENDED IN ASSEMBLY MAY 31, 2016
AMENDED IN ASSEMBLY MARCH 1, 2016
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 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 Health
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 no .
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 To the extent funding is
specifically appropriated for this purpose, the State
Department of Public Health, on or after July 1, 2018,
2022, whenever collecting demographic data as to
the ancestry or ethnic origin of persons for a report that includes
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 State Department of Health Care Services, on or after July
1, 2018, whenever collecting demographic data as to the ancestry or
ethnic origin of persons.
(5) 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.
(6) The Board of Governors of the California Community Colleges,
on or after July 1, 2020, whenever the entity collects demographic
data as to the ancestry or ethnic origin of students for a report
that includes student 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 (5) or (6) of subdivision (a), and
except as described in paragraph (3) for
departments identified in paragraphs (3) and (4) (2)
for the department identified in paragraph (3) 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 (5) or
(6) 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.
(3)
( 2) The state departments
department identified in paragraphs
paragraph (3) and (4) of
subdivision (a) shall not report demographic data that would permit
identification of individuals. These departments
The department may, to prevent identification of
individuals, aggregate data categories at a state, county, city,
census tract, or ZIP Code level to facilitate comparisons and
identify disparities.
(d) (1) Except as
provided in paragraph (2) for the Board of Governors of the
California Community Colleges, the 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.
(2) Paragraph (1) shall not apply to the Board of Governors of the
California Community Colleges until 18 months after the 2030
decennial United States Census is released to the public.
(e) The state departments department
identified in paragraphs paragraph (3)
and (4) of subdivision (a) shall not report
demographic data that would result in statistical unreliability.
(f) The state department identified in paragraph (3) of
subdivision (a) may, but is not required to, collect
demographic data pursuant to this section may continue
to collect and report demographic data in the form that the data was
submitted if the data was collected under either of the
following circumstances:
(1) Pursuant to federal programs or surveys, whereby the
guidelines for demographic data collection categories are defined by
the federal program or survey.
(2) Demographic data collected by other entities, including either
of the following:
(A) State offices, departments, and agencies not included in
subdivision (a).
(B) Third-party entity administered surveys not solely funded by
the state department.
(g) This section shall not apply to demographic data of graduate
or professional schools of the University of California.
(h) 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.