BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1726|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: AB 1726
Author: Bonta (D), et al.
Amended: 8/15/16 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE: 7-2, 6/22/16
AYES: Liu, Block, Hancock, Leyva, Mendoza, Monning, Pan
NOES: Huff, Vidak
SENATE HEALTH COMMITTEE: 7-0, 6/29/16
AYES: Hernandez, Nguyen, Hall, Mitchell, Monning, Nielsen, Pan
NO VOTE RECORDED: Roth, Wolk
SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/11/16
AYES: Lara, Beall, Hill, McGuire, Mendoza
NOES: Bates, Nielsen
ASSEMBLY FLOOR: 54-22, 6/2/16 - See last page for vote
SUBJECT: Data collection
SOURCE: Asian & Pacific Islander American Health Forum
Empowering Pacific Islander Communities
Southeast Asia Resource Action Center
California Pan Ethnic Health Network
DIGEST: This bill requires the University of California (UC),
California State University (CSU), and the California Community
Colleges (CCC) to collect demographic data related to each major
Asian and Pacific Islander group when collecting data on the
ancestry or ethnic origin of students. This bill also applies
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these requirements to the Department of Public Health and the
Department of Health Care Services.
ANALYSIS:
Existing law:
1) Prohibits an application to any state department, board, or
commission from including any question relative to an
applicant's race, sex, marital status, or religion. However,
existing law authorizes the collection of data on gender and
marital status to be obtained subsequent to employment for
research and statistical purposes. (Government Code § 8310)
2) Requires a 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 the following:
a) Each major Asian group, including, but not limited to,
Chinese, Japanese, Filipino, Korean, Vietnamese, Asian
Indian, Laotian, and Cambodian.
b) Each major Pacific Islander group, including, but not
limited to, Hawaiian, Guamanian, and Samoan. (GC §
8310.5)
3) Requires the Department of Industrial Relations and the
Department of Fair Employment and Housing, in the course of
collecting demographic data directly or by contract as to the
ancestry or ethnic origin of California residents, to collect
and tabulate data for the following:
a) Additional major Asian groups, including, but not limited
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to, Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani,
Sri Lankan, Taiwanese, and Thai.
b) Additional major Native Hawaiian and other Pacific
Islander groups, including, but not limited to, Fijian and
Tongan. (GC § 8310.7)
This bill:
1)Requires the Trustees of the CSU or the Regents of the UC, by
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, to collect and tabulate data for the
following:
a) Additional major Asian groups, including, but
not limited to, Bangladeshi, Hmong, Indonesian, Malaysian,
Pakistani, Sri Lankan, Taiwanese, and Thai.
b) Additional major Native Hawaiian and other
Pacific Islander groups, including, but not limited to,
Fijian and Tongan.
2)Provides that this bill applies to the Board of Governors of the
CCC, by 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.
3)Requires the UC and CSU to, within 18 months after a United
States Census is released to the public, update their data
collection to reflect the additional Asian, Native Hawaiian
and Pacific Islander groups. This bill requires the CCC to
update its data collection 18 months after the 2030 United
States Census is released to the public.
4)Exempts the UC, CSU and CCC from the existing requirement for
state agencies to make any data collected publicly available.
5)Requires the UC, CSU and CCC, where applicable, to comply with
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the federal Family Educational Rights and Privacy Act and
requires those entities to observe federal criteria for
ensuring statistical significance of data collected and
published.
6)Provides that this bill does not apply to demographic data of UC
graduates or professional schools, and only applies to the UC
if the Regents, by resolution, make it applicable.
7)Provides that this bill applies to the Department of Health Care
Services, on or after July 1, 2018, whenever collecting
demographic data as to the ancestry or ethnic origin of
people.
8)Authorizes but does not require the Department of Public Health
to collect demographic data under either of the following
circumstances:
a) Pursuant to federal programs or surveys, whereby
the guidelines for demographic data collection categories
are defined by the federal program or survey.
b) Demographic data collected by other entities,
including either of the following:
i) State offices, department, and agencies
not included in this bill.
ii) Third-party entity administered surveys
not solely funded by the Department of Public Health.
9)Requires the Department of Public Health, by July 1, 2018, to
collect and tabulate data for the groups described above when
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.
10)Prohibits the Department of Public Health and the Department of
Health Care Services from reporting demographic data that
would permit identification of individuals. This bill
authorizes these departments to aggregate data categories at
a state, county, city, census tract, or ZIP code level to
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facilitate comparisons and identify disparities.
11)Prohibits the Department of Public Health and the Department of
Health Care Services from reporting demographic data that
would result in statistical unreliability.
Comments
Existing data collection. Existing law requires a 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 the following:
1) Each major Asian group, including, but not limited to,
Chinese, Japanese, Filipino, Korean, Vietnamese, Asian
Indian, Laotian, and Cambodian.
2) Each major Pacific Islander group, including, but not
limited to, Hawaiian, Guamanian, and Samoan. (Government
Code § 8310.5)
It appears that this requirement applies to the CSU and the CCC,
but not to the UC. However, all three segments are currently
collecting this information.
The CCC collects information on 11 different Asian Pacific
Islander (API) communities on its application CCC Apply. 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 bill.
A 2013 report of API students at CSU Fresno, "The Academic
Challenges of Southeast Asians at Fresno State," found
significant educational disparities within the API group and
Southeast Asian community. A closer look at the respective API
ethnic groups showed that 97% of Hmong students were first
generation college students who came from larger households and
62% came from a low income household.
[https://www.fresnostate.edu/academics/oie/documents/
documents-research/2014/SEA%20BRIEF_FINAL.pdf]
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FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee:
One-time costs of at least $150,000 to make computer system
upgrades by the Department of Health Care Services to allow
for the collection of more detailed demographic data (General
Fund and federal funds). According to the Department, 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.
One-time costs of about $600,000 per year for two years for
the Department of Public Health to make system changes to
several systems for collecting public health data, to meet the
requirements of the bill (General Fund).
One-time costs of about $10,000 and ongoing cost of about
$10,000 per year for the CSU to upgrade computer systems and
ensure proper reporting of student data (General Fund).
No significant costs are anticipated by the CCC, as the
Chancellor's Office anticipates that the delayed
implementation in the bill will allow community college
districts to incorporate the required data system changes as
part of their ongoing system maintenance (General Fund).
No significant costs are anticipated by the UC (General Fund).
SUPPORT: (Verified8/12/16)
Asian & Pacific Islander American Health Forum (co-source)
Empowering Pacific Islander Communities (co-source)
Southeast Asia Resource Action Center (co-source)
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California Pan Ethnic Health Network (co-source)
OPPOSITION: (Verified8/12/16)
None received
ASSEMBLY FLOOR: 54-22, 6/2/16
AYES: Achadjian, Alejo, Arambula, Atkins, Bloom, Bonilla,
Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Cooley,
Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Roger Hernández, Holden, Irwin, Jones-Sawyer,
Lackey, Levine, Linder, Lopez, Low, McCarty, Medina, Mullin,
O'Donnell, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago,
Mark Stone, Thurmond, Ting, Waldron, Weber, Williams, Wood,
Rendon
NOES: Travis Allen, Baker, Brough, Chang, Chávez, Dahle,
Gallagher, Grove, Hadley, Harper, Jones, Kim, Maienschein,
Mathis, Mayes, Melendez, Obernolte, Olsen, Patterson,
Steinorth, Wagner, Wilk
NO VOTE RECORDED: Bigelow, Chu, Beth Gaines, Nazarian
Prepared by:Lynn Lorber / ED. / (916) 651-4105
8/15/16 20:33:22
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