BILL ANALYSIS                                                                                                                                                                                                    






                                                       Bill No:  AB  
          394
          
                 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
                       Senator Roderick D. Wright, Chair
                           2009-2010 Regular Session
                                 Staff Analysis



          AB 394  Author:  Fuentes
          As Amended:  April 13, 2009
          Hearing Date:  July 8, 2009
          Consultant:  Chris Lindstrom


                                     SUBJECT  

                                    Census.

                                   DESCRIPTION
           
          AB 394 requires the Governor to appoint a task force to  
          make recommendations on how to maximize the number of  
          Californians counted in the 2010 census and to implement a  
          census outreach program, taking into account the successes  
          and problems with the 2000 California Complete Count  
          Campaign.

                                   EXISTING LAW

           Existing federal law, pursuant to the United States  
          Constitution, requires a census of the United States  
          population to be taken once every 10 years.

                                    BACKGROUND
           
          Purpose of the bill.  According to the author's office,  
          "The 2010 Census represents a once-a-decade chance for  
          California to conduct a complete count of its citizens.   
          Census results dictate federal representation, federal and  
          state funding formulas, and state redistricting changes.   
          We need to ensure that California does everything it can to  
          enact an accurate count, building on our previous successes  
          and acknowledging the challenges that are still present."





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          2010 California Complete Count Committee.  On June 12,  
          2009, Governor Schwarzenegger issued Executive Order  
          D-10-09, establishing the California Complete Count  
          Committee to ensure a complete count for the 2010 Census.   
          The Committee will serve without compensation and at the  
          pleasure of the Governor.  

          In the order, the Governor directs the Committee to  
          "develop, recommend, and assist in the administration of, a  
          census outreach strategy to encourage full participation in  
          the 2010 federal decennial census of population" as  
          required by federal law.  The census strategy shall  
          include, but not be limited to, State agency initiatives to  
          encourage participation in the 2010 Census, the  
          establishment and support of school-based outreach  
          programs, partnerships with non-profit community-based  
          organizations, and a multi-lingual, multi-media campaign  
          designed to ensure an accurate and complete count of  
          California's population.

          The order requires the Committee submit an interim report  
          to the Governor by November 30, 2009, containing its  
          recommended outreach strategy to encourage full  
          participation and avoid an undercount in the 2010 Census.   
          The Order requires the Committee to submit supplemental  
          quarterly reports and a final report to the Governor no  
          later than June 30, 2011, specifying actual outreach  
          efforts and results which were implemented for the 2010  
          Census.

          In carrying out its duties, the order authorizes the  
          Committee to appoint working groups as it deems  
          appropriate, and to solicit participation from relevant  
          experts and practitioners involved in census issues.

          The order provides that the California Complete Count  
          effort will be coordinated out of the Governor's Office of  
          Planning and Research (OPR), which is directed to enlist  
          all State agencies and departments within the  
          administration to identify effective methods of outreach to  
          Californians, and to provide resources to ensure the  
          outreach program is successful and that all Californians  
          are counted.  Each agency and department within the  
          administration is directed to inform OPR of their  
          designated census coordinator for purposes of this  
          California Complete Count effort.  All agencies and  




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          departments within the administration are directed to  
          cooperate with the Committee and provide support to the  
          Committee.

          Further, the order requests other entities of state  
          government outside of the Governor's administration,  
          including other constitutional offices, the offices of the  
          legislative and judicial branches, and local agencies, to  
          cooperate fully and provide support to the Committee.

          In the Governor's press release announcing the creation of  
          the California Complete Count Committee, the Governor said,  
          "The Census determines how the distribution of more than  
          $300 billion in federal funds goes to local, state and  
          tribal governments each year in California. We must reach  
          out to all Californians across the state to make certain  
          everyone is counted so that California gets its fair share  
          of federal dollars and representation in congress."

          2000 California Complete Count Committee.  On November 4,  
          1999, Governor Davis issued Executive Order D-11-99,  
          establishing the California Complete Count Committee  
          (Committee).  In the order, the Governor directed the  
          Committee to "develop, recommend and assist in the  
          administration of an outreach strategy to encourage full  
          participation in the 2000 federal decennial census of  
          population."  The order required the outreach strategy to  
          include "[s]tate agency initiatives to encourage  
          participation in the 2000 Census, the establishment and  
          support of county complete count committees as well as  
          school-based outreach programs, the creation and operation  
          of non-profit Questionnaire Assistance Centers, and a media  
          campaign designed to ensure an accurate and complete count  
          of California's population."  The Legislature appropriated  
          approximately $25 million for these activities, making  
          California the only state in the nation to approve a census  
          outreach program of this magnitude.

          Like the U.S. Census Bureau's paid advertisements, the  
          campaign's main focus was to encourage people to send in  
          their form by mail.  However, the campaign targeted  
          undercounted groups in specific local areas in California.   
          For people who needed help filling out the form, the  
          campaign funded questionnaire assistance centers and  
          publicized their locations.  These state-funded centers  
          were resources available to people in addition to the  




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          questionnaire assistance centers operated by the U.S.  
          Census Bureau.  During the period of non-response  
          follow-up, the campaign message was to encourage people to  
          cooperate and "open your door" to U.S. Census Bureau  
          enumerators.

          In California, the mail response rate rose from 65 percent  
          in the 1990 Census to 70 percent in Census 2000.   
          California's 70 percent response was also significantly  
          higher than the rates obtained in other large states:  
          Texas's Census 2000 response rate was 64 percent; Florida  
          and New York's rates were both 63 percent.

          Budgeting for the 2010 Census.  The 2008-09 Budget Act  
          contained a $1 million appropriation to OPR for the Count  
          Every Californian Effort, aimed at ensuring California is  
          fully and accurately represented in the 2010 census and  
          receives all of the federal funds and Congressional  
          representatives to which it is entitled.  OPR has since  
          formed a state agency working group to identify outreach  
          efforts using existing state agency resources.  According  
          to OPR, although the Governor has not yet appointed a  
          California Complete Count Committee to work with the U.S.  
          Census Bureau for the 2010 Census, such a committee is in  
          the process of being formed.
           
                             PRIOR/RELATED LEGISLATION
           
           ACR 44 (Fuentes), Resolution Chapter 12, Statutes of 2009  .   
          Declared April 1, 2009 to be California Census Awareness  
          Day, to promote awareness of the upcoming federal decennial  
          census in order to advance the goal of a complete and  
          accurate count of all Californians.

           ACR 13 (Fuentes), 2009-2010 Legislative Session  .   
          Recognizes April 10, 2010 as the United States Census Day  
          and urges the Governor to act immediately to commence  
          planning for outreach efforts for the 2010 decennial census  
          so as to achieve a complete count of all Californians.  (In  
          Assembly Governmental Organization Committee)

           AB 2314 (Fuentes), 2007-2008 Legislative Session  .   
          Identical to AB 394 of 2009.  (Never heard in Assembly  
          Governmental Organization Committee)

           ACR 123 (Fuentes), 2007-2008 Legislative Session  .  Would  




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          have urged the Governor to act immediately to commence  
          planning for outreach efforts for the 2010 decennial census  
          so as to achieve a complete count of all Californians.   
          (Held in Senate Appropriations Committee)

           SB 711 (Burton), Chapter 86, Statutes of 1999  .  Among other  
          things, requested the Governor to appoint a task force to  
          make recommendations on how to maximize the number of  
          California's counted in the 2000 census and to implement a  
          census outreach program, among other provisions.

           AB 1660 (Shelley), Chapter 85, Statutes of 1999  .  Among  
          other things, established the California Complete Count  
          Committee.

           SUPPORT:   As of July 6, 2009:

          City of Los Angeles

           OPPOSE:   None on file as of July 6, 2009.

           FISCAL COMMITTEE:   Senate Appropriations Committee



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