BILL NUMBER: AB 1088 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 27, 2011
AMENDED IN ASSEMBLY APRIL 25, 2011
INTRODUCED BY Assembly Member Eng
FEBRUARY 18, 2011
An act to amend Section 8310.5 of , and to add Section 8310.7
to, the Government Code, relating to state agencies.
LEGISLATIVE COUNSEL'S DIGEST
AB 1088, as amended, Eng. State agencies: collection of
demographic data.
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 each major Asian and Pacific Islander
group, including, but not limited to, Chinese, Japanese, Filipino,
Korean, Vietnamese, Asian Indian, Hawaiian, Guamanian, Samoan,
Laotian, and Cambodian.
This bill would revise and recast the specified categories. This
bill would require a state agency, board, or commission that directly
or by contract collects demographic data 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 on or after July 1, 2012.
This bill would require every state agency, board, or
commission specified agencies to use additional
separate collection categories and tabulations for other major Asian
groups and Native Hawaiian and other Pacific Islander groups,
including, but not limited to, Asian Indian, Bangladeshi, Cambodian,
Chinese, Filipino, Hmong, Indonesian, Japanese, Korean, Laotian,
Malaysian, Pakistani, Sri Lankan, Taiwanese, Thai, Vietnamese,
Fijian, Native Hawaiian, Guamanian (also known as Chamorro), Samoan,
and Tongan. This bill would also require that a state
agency, board, or commission these agencies to
update their data collection categories to match those used by the
United States Census Bureau. This bill would further require
a state agency, board, or commission that directly or by contract
collects demographic data, include data on specified collection
categories and tabulations in every demographic report on ancestry or
ethnic origins of Californians that it publishes or releases on or
after July 1, 2012. This bill would further require
a state agency, board, or commission these
agencies to make the collected data available to the public, in
accordance with state and federal law, except for personal
identifying information, which shall be deemed confidential
. The bill would also require specified , by
requiring these state agencies, on or before July 1, 2012, to
post, and annually update, the demographic data on its
their Internet Web site
sites .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and declares all of the
following:
(a) One-third of the nation's Asians and Pacific Islanders,
totaling 5.4 million people, live in California, making the state
home to more Asians and Pacific Islanders than any other state in the
nation.
(b) Asians and Pacific Islanders represent 15.5 percent of the
state's population, and grew by 33.6 percent from 2000 to 2010.
(c) Asians and Pacific Islanders are an incredibly diverse group.
Due to this diversity, the United States Office of Management and
Budget's Statistical Policy Directive No. 15, entitled Race and
Ethnic Standards for Federal Statistics and Administrative Reporting,
separated the "Asian and Pacific Islander" category into two
distinct and separate categories, now called "Asians" and "Native
Hawaiians and Other Pacific Islanders," and these two distinct
categories were used in the 2000 United States Census. The United
States Census Bureau currently reports data for more than 20
different ethnicities within these two categories.
(d) While Asians and Pacific Islanders are often misrepresented as
a homogeneous group, they are an extremely diverse group, with
ethnicities from over 30 different countries. Although Asian and
Pacific Islander communities in this state share geographical and
cultural commonalities, they also experience diverse social,
educational, health, and economic differences that are unique to
their respective communities.
(e) Existing state law requires state demographic data to be
collected for Asian and some Native Hawaiian and Pacific Islander
ethnic groups. However, additional ethnic groups reported by the
United States Census Bureau are not included that reflect changing
demographics and intrastate migration patterns. Most state agencies
are currently not in compliance with existing state law or have not
made the collected data accessible. Data should be updated on a
regular basis and made accessible to the public so that regional and
local governments, elected officials, decisionmakers, and other
stakeholders can use the information to strategically target programs
for those most in need.
(f) Given the diversity of languages and cultures, separating data
for additional Asian and additional Native Hawaiian and Pacific
Islander ethnic groups and making the data publicly accessible are
critical for enhancing our state's understanding of the needs and
experiences of these different communities.
SEC. 2. Section 8310.5 of the Government Code is amended to read:
8310.5. (a) Every A state agency,
board, or commission that directly or by contract collects
demographic data as to the ancestry or ethnic origin of Californians
shall use separate collection categories and tabulations for each
major Asian group, including, but not limited to, Asian
Indian, Bangladeshi, Cambodian, Chinese, Filipino, Hmong, Indonesian,
Japanese, Korean, Laotian, Malaysian, Pakistani, Sri Lankan,
Taiwanese, Thai, and Vietnamese, and each major Native Hawaiian and
Pacific Islander group, including, but not limited to, Fijian, Native
Hawaiian, Guamanian (also known as Chamorro), Samoan, and Tongan.
group, including, but not limited to, Chinese,
Japanese, Filipino, Korean, Vietnamese, Asian Indian, Laotian, and
Cambodian, and each major Native Hawaiian and Pacific Islander group,
including, but not limited to, Native Hawaiian, Guamanian (also
known as Chamorro), and Samoan.
(b) The data collected pursuant to the different collection
categories and tabulations described in subdivision (a) shall be
included in every demographic report on ancestry or ethnic origins of
Californians by the state agency, board, or commission published or
released on or after July 1, 2012. The data shall be made available
to the public in accordance with state and federal law, except for
personal identifying information, which shall be deemed confidential.
SEC. 3. Section 8310.7 is added to the Government Code,
to read:
8310.7. (a) In addition to the duties imposed
under Section 8310.5, the following state agencies, 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 additional major Asian groups, including, but not
limited to, Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani, Sri
Lankan, Taiwanese, and Thai, and additional major Native Hawaiian
and other Pacific Islander groups, including, but not limited to,
Fijian and Tongan:
(1) The State Department of Health Care Services.
(2) The State Department of Public Health.
(3) The Department of Industrial Relations.
(4) The Department of Fair Employment and Housing.
(c) The State Department of Health Care Services, the State
Department of Public Health, the Department of Industrial Relations,
and the Department of Fair Employment and Housing
(b) The state agencies identified in
subdivision (a) shall make any data collected pursuant to
subdivision (a) publicly available, 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 (a) on the agency's Internet Web site, in the manner
prescribed by this section.
(d) A state agency
(c) The state agencies identified in
subdivision (a) shall, within 18 months after the 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.