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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 435

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Introduced by Senator Gonzalez

February 13, 2023

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An act to add Section 8310.4 to the Government Code, relating to state agencies.

LEGISLATIVE COUNSEL'S DIGEST

SB 435, as introduced, Gonzalez. State agencies: collection of demographic data.

(1) Existing law requires specified state agencies, boards, or 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.

This bill would require specified state agencies, in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of California residents, to use separate collection categories and tabulations for each major Latino, Latin American Indigenous, and Latin American Indigenous language groups, as specified.

Existing law requires specific state agencies, boards, or 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 specified state agencies to include the collected data in every demographic report on ancestry or ethnic origins of California residents that the state agencies publish or release on or after July 1, 2025. On or before July 1, 2025, and annually thereafter, the bill would require specified state agencies to report to the Legislature on the above-described data collection and methods used to collect that data. The bill would require those state agencies to make available to the public the collected data, except for personal identifying information, as specified. The bill would require those state agencies to update their data collection to reflect additional Latino groups, major specific Latin American Indigenous groups, and major Latin American Indigenous language groups as they are reported by the United States Census Bureau, as specified. The bill would require those state agencies to comply with the bill’s requirements as early as possible, but no later than July 1, 2025.

(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.

Digest Key

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

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Bill Text

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) (1) For purposes of this section, “state agency” means any of the following state entities:

(A) The State Department of Health Care Services.

(B) To the extent funding is specifically appropriated for the purpose of implementing this section, on or after January 1, 2024, the State Department of Public Health, whenever collecting demographic data as to the ancestry or ethnic origin of persons 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.

(C) The State Department of Social Services.

(D) The California Department of Aging.

(E) The Department of Health Care Access and Information.

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

(b) A state agency, 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, Salvadoran, Guatemalan, Honduran, Nicaraguan, Costa Rican, Panamanian, Belizean, Puerto Rican, Dominican, Cuban, and South American.

(2) Each major Latin American Indigenous group, including, but not limited to, Oaxacan, Mayan, and Aztec.

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

(c) The data collected pursuant to subdivision (b) shall be included in every demographic report on ancestry or ethnic origins of Californians by the state agency published or released on or after July 1, 2025.

(d) (1) On or before July 1, 2025, and annually thereafter, a state agency shall report to the Legislature both the following:

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

(B) The methods used to collect that data.

(2) A state agency 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 state agency, except for personal identifying information, which shall be deemed confidential and shall not be disclosed.

(A) A state agency shall not report demographic data that would permit identification of individuals. A state agency 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) A state agency shall not report demographic data that would result in statistical unreliability.

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

(f) With 18 months after a decennial United States Census is released to the public, a state agency shall update the agency’s data collection to reflect the additional Latino groups, major specific Latin American Indigenous groups, and major Latin American Indigenous language groups as they are reported by the United States Census Bureau.

(g) A state agency shall comply with this section as early as possible following the effective date of this section, but no later than July 1, 2025.

SEC. 2.

 The Legislature finds and declares that Section 1 of this act, which adds Section 8310.4 of 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.