BILL ANALYSIS Ó
AB 1726
Page 1
ASSEMBLY THIRD READING
AB
1726 (Bonta)
As Amended May 31, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Higher |10-2 |Medina, Bloom, Irwin, |Baker, Chávez |
|Education | | | |
| | | | |
| | | | |
| | |Jones-Sawyer, Levine, | |
| | |Linder, Low, | |
| | |Santiago, Weber, | |
| | |Williams | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Health |13-3 |Wood, Burke, Campos, |Maienschein, |
| | |Chiu, Dababneh, |Patterson, |
| | |Gomez, |Steinorth |
| | | | |
| | | | |
| | |Roger Hernández, | |
| | |Lackey, | |
| | |Ridley-Thomas, | |
| | |Rodriguez, Santiago, | |
| | |Thurmond, Waldron | |
AB 1726
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| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |14-6 |Gonzalez, Bloom, |Bigelow, Chang, |
| | |Bonilla, Bonta, |Gallagher, Jones, |
| | |Calderon, Daly, |Obernolte, Wagner |
| | |Eggman, Eduardo | |
| | |Garcia, Roger | |
| | |Hernández, Holden, | |
| | |Quirk, Santiago, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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SUMMARY: Requires the California Community Colleges (CCC) Board
of Governors (BOG), the California State University (CSU)
Trustees, California Department of Public Health (DPH), and
California Department of Health Care Services (DHCS), and
requests the University of California (UC) Regents, to
disaggregate demographic information for Native Hawaiian, Asian,
and Pacific Islander (API) groups. Specifically, this bill:
1)Requires that on or after July 1, 2017, the CSU Trustees, or
the UC Regents, and on or after July 1, 2020, the CCC BOG,
whenever each 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, each entity shall do all of the following:
a) Ensure that in the course of collecting demographic data
directly or by contract as to the ancestry or ethnic origin
of California residents, each entity shall collect and
tabulate data for the following:
i) Additional major Asian groups, including but not
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limited to, Bangladeshi, Hmong, Indonesian, Malaysian,
Pakistani, Sri Lankan, Taiwanese, and Thai; and,
ii) Additional major Native Hawaiian and other Pacific
Islander groups, including, but not limited to, Fijian
and Tongan.
b) No later than 18 months after a decennial United States
Census is released to the public, each entity, except the
CCC BOG, shall update their data collection to reflect the
additional API and Native Hawaiian groups as they are
reported by the United States Census Bureau. The CCC BOG
shall update their data, as specified, 18 months after the
2030 decennial United States Census is released to the
public; and,
c) Make any data publically available except for personal
identifying and confidential information, by posting the
data on the Internet Web site.
2)Specifies that where applicable, the CCC, CSU, and UC shall
comply with the federal Family Educational Rights and Privacy
Act and shall observe criteria for ensuring statistical
significance of data collected and published.
3)Specifies that should the UC Regents resolve to adhere to the
requirements as set forth in this measure that it shall not
apply to demographic data of UC graduate or professional
schools.
4)Requires, that on or after July 1, 2017, whenever DPH and DHCS
collect demographic data as to the ancestry or ethnic origin
of persons for a report that includes the type and amount of
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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, the entity shall do all of the following as outlined
in all of number one above.
EXISTING LAW:
1)Requires state agencies, boards, and commissions that directly
or by contract collect demographic data as to the ancestry or
ethnic origin of Californians to use separate collection
categories and tabulations for each major API group,
including, but not limited to, Chinese, Japanese, Filipino,
Korean, Vietnamese, Asian Indian, Laotian, Cambodian,
Hawaiian, Guamanian, and Samoan (Government Code (GOV) Section
8310.5).
2)Requires the Department of Industrial Relations (DIR) and the
Department of Fair Employment and Housing (DFEH) to collect
and tabulate data for additional major API groups (GOV Section
8310.7).
FISCAL EFFECT: According to the Assembly Appropriations
Committee:
1)UC. The system already collects the additional data for
undergraduate students, as required in the bill.
2)CSU. Minor absorbable costs.
3)CCC. Minor absorbable costs.
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4)DPH. Will be impacted in several areas, incurring total costs
of about $600,000 for two years and $80,000 every 10 years
following release of a new census.
a) The Center for Health Statistics and Informatics would
need two additional research positions to include vital
records data currently collected but not reported and to
ensure statistical reliability and privacy of individuals.
The workload includes the need for development of new
statistical coding of data to produce the strata specified
for the data files, and to ensure the integrity and quality
of the data produced. In addition, staff will need to
determine if the disaggregated data produced is
statistically reliable and ensure that re-identification of
individuals was not possible for confidential data. This
work applies to County Health Status Profiles, Death Data
Trend Summaries, Birth Profiles and other statistical
tables derived from birth and death data prepared with
breakdowns by race/ethnicity. According to the Department,
the analysis to prevent re-identification of individuals is
rigorous and becomes complex and time-consuming at the
level of detail proposed by this bill.
b) The California Reportable Disease Information Exchange
(CalREDIE) system would require additional staff time to
modify the system and update paper forms to collect the
additional race/ethnicity data. The Division of
Communicable Disease Control (DCDC) would require one
position over two years to modify the CalREDIE system, work
with the CalREDIE vendor to populate the race sub-category
information, update and publish the Electronic Laboratory
Reporting (ELR) specification guide to reflect that the
race sub-category information is required/mandatory,
canvass ELR submitters to comply with the new standard, and
update approximately 60 paper forms in order to comply with
the bill's.
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c) The Office of AIDS (OA) would require on position to
lead the reprogramming of OA data systems and the
production of statistical reports with the required
categories (as allowed under HIV confidentiality laws) and
to provide consultation in the amendment of regulation.
d) The Response and Surveillance System for Childhood Lead
Exposures (RASSCLE) blood lead reporting system would
require one-half position ($80,000) initially), within 18
months of the 2020 census, and again within 18 months of
each succeeding census to update the data system.
e) The Maternal Child and Adolescent Health (MCAH) program
data collection system would need to be updated for the
racial/ethnic populations not currently in the system and
required in the bill, which would then be added to reports
from the Adolescent Family Life Program (AFLP) that include
the type and amount of health care coverage, pregnancy
rates, and housing numbers. One-time costs to update these
systems would range between $5,000 and $10,000.
5)DHCS. Based on similar legislation last year, the Department
would incur one-time costs of at least $150,000 to make
computer system upgrades. Current computer systems used to
manage enrollment and benefits for the Medi-Cal program do not
allow for the collection of demographic information at the
level of detail required in the bill. The computer systems
that would require modification include three state operated
systems and three county-operated systems used to enroll
individuals in Medi-Cal
COMMENTS: Background. According to the California Commission
on Asian and Pacific Islander American Affairs' Issue Paper on
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September 5, 2014, data disaggregation is imperative for
uncovering economic, educational, and social disparities
inherent not only in API American communities, but in all ethnic
populations. The Commission finds that the need to disaggregate
data is often exemplified by the needs of Southeast Asian
American students; often categorized as "Asian," their "lower
academic achievement rates are overshadowed by the stereotype
that all Asian students excel in academics."
According to information provided by the author's office, many
of the communities within the API population face similar
challenges in California, such as language barriers and
immigration; however, they differ on many issues. This is most
evident with respect to education and public health, where the
outcomes of some of the largest API groups within the API
population raise the average outcome of the greater API
population as a whole. For example, although data related to
the average API student demonstrates high academic achievements,
disaggregated data sheds light on the harsh reality that
Southeast Asian subgroups suffer from much lower achievement
rates than other API groups. Similarly, data from a 2013 report
done by the Asian American Center for Advancing Justice
demonstrates that 14% of Asian Americans are uninsured;
disaggregated data demonstrates that Korean, Tongan, and Thai
populations have uninsured rates higher than 22% whereas only
eight-10% of Japanese and Asian Indian populations are
uninsured.
Purpose of the measure. According to the author, "despite the
diversity of California's large API population, state agencies
only disaggregate demographic data for a few of the major API
groups. By failing to measure a large portion of the API
population, California is unable to track the progress of the
most disadvantaged segments of that population."
The author contends that without disaggregated data,
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policymakers and researchers have to rely on data in the
aggregate as released by various state and local agencies. Said
data is not consistent and varies in different jurisdictions.
This measure will require the CCC, CSU, DPH, and DHCS, and
request the UC, to collect and release disaggregated demographic
data for specified groups of the API and Native Hawaiian
ethnicities.
Data collection at CCC, CSU and UC. The CCC collects
information on 11 different API communities on its application
CCC Apply. It is unclear how the data is reported or if it is
published for public access. As of 2009, the CSU application
was modified to provide applicants with over 50 different API
categories from which to self-identify. Additionally, the
existing practices of the UC on data collection exceed what is
required in this measure.
Previous legislation. Several pieces of legislation have gone
through the Legislative Process related to the collection and
disaggregation of API data:
1)AB 176 (Bonta) of 2015, which was vetoed by the Governor, was
similar in nature to this measure.
2)AB 1088 (Eng), Chapter 689, Statutes of 2011, required the DIR
and DFEH to collect and tabulate data for additional major API
groups.
3)AB 1737 (Eng) of 2010, which was held on the Suspense File of
the Assembly Appropriations Committee, would have required
certain state agencies to use additional separate collection
categories and tabulations for major Native Hawaiian and API
groups.
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4)AB 295 (Lieu) of 2007, which was vetoed by the Governor, would
have required various state entities to report collected
demographic data according to each major API group and make
that data available to the public to the extent that
disclosure did not violate confidentiality.
5)AB 2420 (Lieu) of 2006, which was held on the Suspense File of
the Senate Appropriations Committee, would have expanded from
11 to 23 the ancestry or ethnic origin collection categories
required to be collected by any state agency, board,
commission, CCC, or CSU; and, would have required the above
entities to collect, tabulate, report, and make available to
the public any data collected on the groups.
Analysis Prepared by:
Jeanice Warden / HIGHER ED. / (916) 319-3960
FN: 0003391