Bill Text: CA SB435 | 2023-2024 | Regular Session | Enrolled

California Senate Bill 435

Bill Title: Collection of demographic data: CalFresh program and State Department of Public Health.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Vetoed) 2024-01-25 - Veto sustained. [SB435 Detail]

Download: California-2023-SB435-Enrolled.html

Enrolled September 13, 2023

Passed IN Senate September 11, 2023

Passed IN Assembly September 07, 2023

Amended IN Assembly September 01, 2023

Amended IN Senate May 18, 2023

Amended IN Senate March 16, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 435

Introduced by Senator Gonzalez
(Coauthor: Senator Rubio)
(Coauthor: Assembly Member Arambula)

February 13, 2023

An act to add Section 8310.4 to the Government Code, relating to data collection.

LEGISLATIVE COUNSEL'S DIGEST

SB 435, Gonzalez. Collection of demographic data: CalFresh program and State Department of Public Health.

(1) Existing law requires specified state agencies, boards, and commissions, in the course of collecting demographic data as to the ancestry or ethnic origin of Californians, to use separate collection categories and tabulations for specified groups. Existing federal law provides for the Supplemental Nutrition Assistance Program, known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Under existing law, the State Department of Social Services (department) administers the CalFresh program. Existing law requires the department to publicly report specified information, including certain data specific to students enrolled in an institution of higher learning who receive CalFresh benefits, as specified.

This bill would require the department, in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of California residents for any report on the CalFresh program, to use separate collection categories and tabulations for each major Latino group, Mesoamerican Indigenous nation, and Mesoamerican Indigenous language group, as specified.

Existing law requires specific state agencies, boards, and commissions to report, as specified, data on collection categories and tabulations for specified groups. Existing law requires the collected data to be made available to the public except for personal identifying information, which shall be deemed confidential.

This bill would require the department to include the collected data in every demographic report on ancestry or ethnic origins of California residents that the department publishes or releases on or after July 1, 2027. On or before July 1, 2027, and annually thereafter, the bill would require the department to report to the Legislature on the above-described data collection and methods used to collect that data. The bill would require the department to make available to the public the collected data, except for personal identifying information, as specified. The bill would require the department to update its data collection to reflect additional Latino groups, Mesoamerican Indigenous nations, and Mesoamerican Indigenous language groups as they are reported by the United States Census Bureau, as specified. The bill would require the department to comply with the bill’s requirements as early as possible, but no later than July 1, 2027.

On or after January 1, 2026, the bill would require the State Department of Public Health to comply with the bill’s requirements if funding is appropriated for this express purpose, as specified.

(2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 8310.4 is added to the Government Code, to read:

8310.4.

(a) For purposes of this section, “department” means the State Department of Social Services whenever collecting demographic data as to the ancestry or ethnic origin of California residents for any report on the CalFresh program established pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code.

(b) This section shall be known, and may be cited, as the Latino and Indigenous Disparities Reduction Act.

(c) The department, in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of California residents, shall use separate collection categories in the provided forms that offer respondents the option of selecting one or more ethnic or racial designations or languages and tabulations for all of the following:

(1) Each major Latino group, including, but not limited to, Mexican, Guatemalan, Salvadoran, Honduran, Nicaraguan, Costa Rican, Panamanian, Belizean, Puerto Rican, Dominican, Cuban, Argentinean, Bolivian, Brazilian, Chilean, Colombian, Ecuadorian, Guyanese, Paraguayan, Peruvian, Surinamese, Uruguayan, and Venezuelan.

(2) Each major Mesoamerican Indigenous nation, including, but not limited to, Maya, Aztec, Mixteco, Zapoteco, and Triqui.

(3) Each major Mesoamerican Indigenous language group, including, but not limited to, Zapoteco, Chinanteco, K’iche, Nahuatl, Mixteco, Purépecha, Tzotzil, Mayan, Amuzgo, Ayuujk (Mixe), Mam, Popti’, Q’anjob’al, Triqui, and Chatino.

(d) The data collected pursuant to subdivision (c) shall be included in every demographic report on ancestry or ethnic origins of Californians by the department published or released on or after July 1, 2027.

(e) (1) On or before July 1, 2027, and annually thereafter, the department shall report to the Legislature both of the following:

(A) The data collected pursuant to subdivision (c).

(B) The methods used to collect that data.

(2) The department shall make the data available to the public in accordance with state and federal law, including by posting the data on the internet website of the department, except for personal identifying information, which shall be deemed confidential and shall not be disclosed.

(A) The department shall not report demographic data that would permit identification of individuals. The department may, to prevent identification of individuals, aggregate data categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities.

(B) The department shall not report demographic data that would result in statistical unreliability.

(f) A report to be submitted pursuant to paragraph (1) of subdivision (e) shall be submitted in compliance with Section 9795.

(g) Within 18 months after a decennial United States Census is released to the public, the department shall update its data collection to reflect the additional Latino groups, major specific Mesoamerican Indigenous nations, and major Mesoamerican Indigenous language groups as they are reported by the United States Census Bureau.

(h) The department shall comply with this section as early as possible following the effective date of this section, but no later than July 1, 2027.

(i) To the extent funding is specifically appropriated for the purpose of implementing this section, on or after January 1, 2026, the State Department of Public Health shall comply with the requirements specified in subdivisions (c) to (g), inclusive, whenever collecting demographic data as to the ancestry or ethnic origin of California residents 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, housing, and mental health rates.

SEC. 2.

The Legislature finds and declares that Section 1 of this act, which adds Section 8310.4 to the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:

In order to protect the privacy of California residents, while also gathering and publicizing useful demographic data, it is necessary that personal identifying information remain confidential.