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 ----------------------------------------------------------------- |Author: |McCarty | |-----------+-----------------------------------------------------| |Version: |5/20/2015 Amended | ----------------------------------------------------------------- ------------------------------------------------------------------ |Urgency: |No |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant:|Arthur Terzakis | | | | ----------------------------------------------------------------- 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."