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AB-1682 Data collection: demographics: Hispanic and Latino groups.(2023-2024)

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Date Published: 03/23/2023 09:00 PM
AB1682:v98#DOCUMENT

Amended  IN  Assembly  March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1682

Introduced by Assembly Member Wendy Carrillo

February 17, 2023

An act to amend Section 1044 of add Section 8310.55 to the Government Code, relating to public officers and employees. data collection.


LEGISLATIVE COUNSEL'S DIGEST


AB 1682, as amended, Wendy Carrillo. Public officers and employees. Data collection: demographics: Hispanic and Latino groups.
Existing law requires any 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 and Pacific Islander group, including, but not limited to, Chinese, Japanese, Filipino, Korean, Vietnamese, Asian Indian, Hawaiian, Guamanian, Samoan, Laotian, and Cambodian.
This bill would require the Department of Housing and Community Development, when it directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians, to use separate collection categories and tabulations for Hispanic and Latino groups. The bill would further require the department to make the collected data available to the public, except for personal identifying information, which would be deemed confidential, by requiring the department, on or before July 1, 2024, to post, and annually update, the demographic data on the department’s internet website.
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.

Existing law requires a state entity or its designee to conduct criminal background checks to comply with applicable federal requirements, as specified. Existing law requires a state entity or its designee that receives federal tax information, as defined, to submit to the Department of Justice, for the purpose of conducting state and federal criminal background checks, fingerprint images and related information of an employee, prospective employee, contractor, agent, volunteer, vendor, subcontractor, or employee of a contractor whose duties include having access to federal tax information received by the state entity or its designee.

This bill would make a nonsubstantive change to these provisions.

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

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


SECTION 1.

 Section 8310.55 is added to the Government Code, to read:

8310.55.
 (a) The Department of Housing and Community Development, when it directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians, shall use separate collection categories and tabulations for Hispanic and Latino groups.
(b) The department shall make any data collected pursuant to subdivision (a) publicly available, except for personal identifying information, which shall be deemed confidential, by posting the data on the internet website of the agency on or before July 1, 2024, and annually thereafter. This subdivision shall not be construed to prevent any other state agency from posting data collected pursuant to subdivision (a) on the agency’s internet website, in the manner prescribed by this section.

SEC. 2.

 The Legislature finds and declares that Section 1 of this act, which adds Section 8310.55 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 rights of individuals, it is necessary that this act limit the public’s right of access to that information.
SECTION 1.Section 1044 of the Government Code is amended to read:
1044.

(a)(1)A state entity or its designee shall conduct criminal background checks, as provided in this section, to comply with applicable federal requirements.

(2)(A)The state entity or its designee shall submit to the Department of Justice fingerprint images, and any other related information required by the Department of Justice, of an employee, prospective employee, contractor, agent, volunteer, vendor, subcontractor, or employee of a contractor of the state entity or its designee whose duties or responsibilities include having access to federal tax information received by the state entity or its designee. The fingerprint images and any other related information of an employee, prospective employee, contractor, agent, volunteer, vendor, subcontractor, or employee of a contractor of the state entity or its designee shall be furnished to the Department of Justice for the purpose of obtaining information as to the existence and nature of a record of state or federal level convictions and state or federal level arrests for which the Department of Justice establishes that the applicant was released on bail or on the person’s own recognizance pending trial.

(B)The state shall meet and confer with impacted state collective bargaining units regarding the impact of this section on terms and conditions of employment. Any violation of this meet-and-confer requirement shall be a matter within the exclusive jurisdiction of the Public Employment Relations Board subject to the provisions of Chapter 10.3 (commencing with Section 3512).

(3)A state entity or its designee shall require that any services contract or interagency agreement entered into, renewed, or amended on or after July 1, 2017, that includes access to federal tax information shall include a provision requiring the agency or contractor to agree to criminal background checks of its employees, contractors, agents, volunteers, vendors, or subcontractors who will have access to federal tax information as part of their services contract or interagency agreement with the state entity or its designee.

(b)The Department of Justice shall forward to the Federal Bureau of Investigation requests for federal level criminal offender record information received pursuant to subdivision (a). The Department of Justice shall review the information returned by the Federal Bureau of Investigation and compile and disseminate a response to the requesting state entity.

(c)The Department of Justice shall respond to the state entity or its designee that has requested the information as provided under subdivision (p) of Section 11105 of the Penal Code.

(d)A state entity or its designee shall request state and federal subsequent arrest notification from the Department of Justice, as provided under Section 11105.2 of the Penal Code, for individuals described in subdivision (a).

(e)The Department of Justice may charge a fee sufficient to cover the cost of processing requests pursuant to this section.

(f)For purposes of this section:

(1)“Federal tax information” means return and return information as defined in Section 6103(b) of the Internal Revenue Code, relating to definitions, that is received either from the Internal Revenue Service or from secondary sources, or through an Internal Revenue Service-approved exchange agreement, and that is subject to the requirements set forth in Section 6103(p)(4) of the Internal Revenue Code, relating to safeguards.

(2)“State entity” means an agency or officer of the state that is subject to the requirements set forth in Section 6103(p)(4) of the Internal Revenue Code, relating to safeguards.

(3)“Designee” is as defined in subdivision (b) of Section 17202 of the Family Code.