BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
                              Senator Isadore Hall, III
                                        Chair
                                2015 - 2016  Regular 

          Bill No:           AB 532           Hearing Date:    6/29/2015
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          |Author:    |McCarty                                              |
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          |Version:   |5/20/2015    Amended                                 |
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          |Urgency:   |No                     |Fiscal:      |Yes             |
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          |Consultant:|Arthur Terzakis                                      |
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          SUBJECT: State agencies: collection of data: race or ethnic  
          origin


           DIGEST:    This bill requires any state agency, board, or  
          commission that collects demographic data to provide forms that  
          offer respondents the option of identifying as "multiracial" and  
          selecting one or more ethnic or racial designations.

          ANALYSIS:
          
          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 each major Asian group  
          and each major Pacific Islander group.  This data is required to  
          be made available to the public in accordance with state and  
          federal law, except for personal identifying information, which  
          shall be deemed confidential.

          This bill:

          1)Requires state agencies, boards, or commissions that directly  
            or by contract collect demographic data on ethnic origin,  
            ethnicity, or race of Californians to provide forms that offer  
            respondents the option of identifying as multiracial and  
            selecting one or more ethnic or racial designations.

          2)Requires state agencies, boards, or commissions when reporting  







          AB 532 (McCarty)                                   Page 2 of ?
          
          
            respondent data to any other state agency, board, or  
            commission to tabulate and report 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)   Federally mandated actions related to civil rights  
               monitoring and enforcement.

          3)Requires state agencies, boards, or commissions to comply as  
            early as reasonably feasible when updating forms, software,  
            hardware, or collection procedures, but no later than January  
            1, 2022.

          4)Permits any state agency, board, or commission that collects  
            demographic data from a local entity to continue to collect  
            and report that data in the form the local entity submits.

          5)Contains legislative findings and declarations relative to the  
            fact that California has the largest population of people in  
            the United States who identify with more than one ethnicity  
            race and that many state forms require respondents to choose  
            only a single ethnicity or race which forces multiracial  
            Californians to deny a significant portion of their heritage  
            which in turn deprives the state of accurate data with which  
            to meet the needs of its diverse communities. 

          Background

          Purpose of AB 532.  Existing law sets minimum requirements but  
          does not limit the amount of demographic data state entities may  
          collect.  Current collection forms seek to provide multiple  
          racial designations from which an individual may select more  
          than one designation to express their racial identity.   
          Difficulty arises, however, when an individual finds that their  
          racial identity cannot be accurately expressed through the  
          limited number of racial designations listed on the forms. 








          AB 532 (McCarty)                                   Page 3 of ?
          
          

          The author's office points out that, "in 1997 the federal  
          government revised its Standards for Maintaining, Collecting,  
          and Presenting Federal Data on Race and Ethnicity - since then,  
          federal agencies have been required to ensure that multiracial  
          individuals have the option of selecting one or more ethnic or  
          racial designations on federal government forms requesting such  
          data."  The author's office also reports that "over the past ten  
          years, considerable research has been conducted on the  
          population segment reporting multiple races, and the fact that  
          people may identify themselves as being more than one race has  
          become a common part of discussions and understanding of race  
          and ethnicity.   Results from the 2010 Census provided new  
          information on the two or more races population in the United  
          States and, for the first time, enabled comparisons of this  
          population from two major data points."

          According to the author's office, "current data collection  
          practices can be unfair and offensive to the rapidly increasing  
          population of Californians who identify with more than one  
          ethnicity or race.  Roughly one in six births overall in the  
          state and one in four births to native-born mothers is  
          multiracial/ethnic.  While many state agencies have taken the  
          initiative to put in place measures to recognize this reality,  
          many multiracial Californians are still forced to deny  
          significant parts of their racial and ethnic identity on state  
          forms when they are required to select only one ethnic or racial  
          designation."  

          The author's office emphasizes that "by allowing multiracial  
          Californians the choice of selecting one multiracial box and  
          providing a selection of one or more ethnic/racial designations,  
          AB 532 will give policymakers, service providers, health  
          practitioners and others a truer picture of the state's  
          diversity."

          Prior/Related Legislation
          
          AB 176 (Bonta, 2015) places certain requirements regarding the  
          collection of demographic data, by the state's public segments  
          of postsecondary education and by state health-related  
          departments, pertaining to tabulation categories of Native  
          Hawaiian, Asian, and Pacific Islander groups.  (Pending in  
          Senate policy committee)









          AB 532 (McCarty)                                   Page 4 of ?
          
          
          AB 1088 (Eng, Chapter 689, Statutes of 2011) required certain  
          state agencies to collect and tabulate data for additional major  
          Asian groups, as listed, in order to better reflect the  
          diversity of Asian American, Hawaiian and Pacific Islander  
          communities in California. 

          AB 1281 (Portantino, 2009) would have enacted the California  
          School Racial Equality Designation Act and required any state  
          agency, board, or commission that directly, or by contract,  
          collects demographic data on the race or ethnicity of pupils in  
          any elementary or secondary school to provide written  
          instructions for reporting racial information that specify that  
          multiracial pupils may select 2 or more racial categories.   
          (Vetoed - Governor's message stated the California Department of  
          Education has already put into place processes to update forms  
          and instructions to accommodate the inclusion of multiracial  
          students. Therefore, this bill is unnecessary.)

          SB 26 (Simitian, 2007) would have enacted the "Ethnic Heritage  
          Respect and Recognition Act of 2007" requiring any state entity  
          that collects demographic data on the ancestry, ethnic origin,  
          ethnicity, or race of Californians to provide forms that offer  
          respondents the option of selecting one or more ethnic or racial  
          designations.  (Died in Assembly Appropriations)

          SB 1615 (Simitian, 2006) would have enacted the Ethnic Heritage  
          Respect and Recognition Act to 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, 2014, to provide forms that offer respondents the  
          option of selecting one more ethnic or racial designation  
          according to specified federal standards.  (Died in Senate  
          Appropriations) 

          AB 2324 (Chan, 2004), among other things, would have required  
          each state program directly involved in furnishing information  
          to, or rendering services to, the public to collect data  
          regarding the race, ethnicity, and primary language of all  
          participants, on a voluntary basis.  (Died in Assembly  
          Appropriations)

          FISCAL EFFECT:                 Appropriation:  No    Fiscal  
          Com.:             Yes          Local:          No










          AB 532 (McCarty)                                   Page 5 of ?
          
          
            SUPPORT:  

          California Immigrant Policy Center
          Project RACE

          OPPOSITION:

          None received

          ARGUMENTS IN SUPPORT:  Writing in support, the California  
          Immigrant Policy Center states that "Current data collection  
          practices not only create a false picture of the state's  
          diversity but also set up a situation where accurate, reliable  
          information is not available to doctors, teachers, service  
          providers, and policymakers.  For example, there is an  
          increasing awareness in the healthcare community that intake  
          forms requiring people to mark 'only one race' can prevent  
          doctors from providing culturally appropriate and medically  
          relevant information to their multiracial patients."

          Also writing in support, Project RACE states, "We support  
          legislation that includes self-identification and a multiracial  
          identifier or check box on forms that require racial and ethnic  
          information.  We support AB 532 as written."