Bill Text: CA AB532 | 2015-2016 | Regular Session | Chaptered

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Bill Title: State agencies: collection of data: race or ethnic origin.

Sponsorship: Moderate Partisan Bill (Democrat 6-1)

Status: (Passed) 2015-10-02 - Chaptered by Secretary of State - Chapter 433, Statutes of 2015. [AB532 Detail]

Download: California-2015-AB532-Chaptered.html

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BILL NUMBER: AB 532	CHAPTERED
	BILL TEXT

	CHAPTER  433
	FILED WITH SECRETARY OF STATE  OCTOBER 2, 2015
	APPROVED BY GOVERNOR  OCTOBER 2, 2015
	PASSED THE SENATE  SEPTEMBER 8, 2015
	PASSED THE ASSEMBLY  SEPTEMBER 9, 2015
	AMENDED IN SENATE  SEPTEMBER 3, 2015
	AMENDED IN SENATE  AUGUST 31, 2015
	AMENDED IN ASSEMBLY  MAY 20, 2015
	AMENDED IN ASSEMBLY  APRIL 20, 2015

INTRODUCED BY   Assembly Member McCarty
   (Coauthors: Assembly Members Bonta, Campos, Gonzalez, Linder,
Thurmond, and Williams)

                        FEBRUARY 23, 2015

   An act to add Section 8310.9 to the Government Code, relating to
state agencies.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 532, McCarty. State agencies: collection of data: race or
ethnic origin.
   Existing law requires state agencies, boards, or commissions that
directly or by contract collect demographic data as to the ancestry
or ethnic origin of Californians, and state agencies conducting
surveys as to the ancestry or ethnic origin of state civil service
employees, to use separate collection categories for each major Asian
and Pacific Islander group.
   This bill would require any state agency, board, or commission
that directly or by contract collects demographic data, as soon as
reasonably feasible and in no event later than January 1, 2022, to
provide forms that offer respondents the option of selecting one more
ethnic or racial designations.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 8310.9 is added to the Government Code, to
read:
   8310.9.  (a) The Legislature hereby finds and declares all of the
following:
   (1) The State of California currently has the largest population
of people in the United States who identify with more than one
ethnicity or race. This population of Californians who identify as
multiracial is rapidly growing.
   (2) Many state forms that currently require respondents to choose
only a single ethnicity or race force multiracial Californians to
deny a significant part of their heritage. Information collected in
this manner often deprives the state of accurate data with which to
meet the needs of its diverse communities.
   (3) It is in the best interest of the State of California to
respect, embrace, and understand the full diversity of its citizens.
   (4) Since 1997, the federal Office of Management and Budget's
"Standards for Maintaining, Collecting, and Presenting Federal Data
on Race and Ethnicity" have required federal agencies to ensure that
individuals have the option of selecting one or more ethnic or racial
designations on federal government forms requesting this
information.
   (b) Any state agency, board, or commission that directly or by
contract collects demographic data on the ethnic origin, ethnicity,
or race of Californians shall do all of the following:
   (1) Provide forms that offer respondents the option of selecting
one or more ethnic or racial designations. Recommended forms for the
instruction accompanying a multiple response question are "mark one
or more" or "select one or more."
   (2) Ensure in cases when data on respondents' ethnic origin,
ethnicity, or race is reported to any other state agency, board, or
commission that it is neither tabulated nor reported without all of
the following:
   (A) The number or percentage of respondents who identify with each
ethnic or racial designation alone and not in combination with any
other ethnic or racial designation.
   (B) The number or percentage of respondents who identify with each
ethnic or racial designation, whether alone or in combination with
other ethnic or racial designations.
   (C) The number or percentage of respondents who identify with
multiple ethnic or racial designations.
   (D) For civil rights monitoring and enforcement, complying with
the rules for multiple race response allocation issued by the federal
Office of Management and Budget Bulletin No. 00-02 in cases of state
or federally mandated actions related to an ethnic or a racial
community, or to assessing disparate impact or discriminatory
patterns. In these cases, the requirement of subparagraph (C) shall
not be considered satisfied without also complying with the
requirements of subparagraphs (A), (B), and (D).
   (c) Each state agency, board, or commission required to comply
with subdivision (b) shall comply as early as reasonably feasible
when updating forms, software, hardware, or information collection
procedures, and in no event later than January 1, 2022.
   (d) Notwithstanding any other provision of this section, any state
agency, board, or commission that collects demographic data from a
local agency may continue to collect and report that data to any
other state agency, board, or commission in the form that the local
agency submits it.
   (e) Notwithstanding any other provision of this section, any state
agency, board, or commission that collects ethnic or racial data
solely to comply with federal requirements may continue to collect
and report that data to any other state agency, board, or commission
in the form required by the federal government.