SB811 HD1

SECTION 1. The legislature finds that Asian Americans and Native Hawaiians and other Pacific Islanders represent 46.5 per cent of the State's population. While Asian Americans and Native Hawaiians and other Pacific Islanders are often misrepresented as a homogeneous group, they are an extremely diverse group, comprising ethnicities from over thirty different countries. Asian American and Native Hawaiian and other Pacific Islander communities in this State experience diverse social, educational, health, and economic differences that are unique to their respective communities.

The legislature also finds that, due to this diversity, the United States Office of Management and Budget's Statistical Policy Directive No. 15, entitled "Race and Ethnic Standards for Federal Statistics and Administrative Reporting", separated the "Asian and Pacific Islander" category into two distinct and separate categories, now called "Asians" and "Native Hawaiians and Other Pacific Islanders", and these two distinct categories were used in the 2020 United States Census. The United States Census Bureau currently reports data for more than twenty different ethnicities within these two categories.

Despite the federal government's current policy and practice of disaggregating data related to Asian Americans and Native Hawaiians and other Pacific Islanders, not all of Hawaii's state agencies keep demographic data in a standard or uniform manner that comports with these prevailing federal standards. Moreover, most state agencies do not make collected demographic data accessible to the public so that regional and local governments, elected officials, decision makers, and other stakeholders can use the information to strategically target programs for those most in need.

Given the diversity of languages and cultures, separating data for Asian American and Native Hawaiian and other Pacific Islander ethnic groups is imperative and making this data publicly accessible is critical for enhancing an understanding of the needs and experiences of these different communities. Disaggregating race data for collection, analysis and evaluation, access, and dissemination can aid in shaping programs and policies to advance more equitable outcomes for all communities in the State.

In particular, the State has unique trust responsibilities with respect to Native Hawaiians which are administered by a variety of state agencies, including but not limited to the office of Hawaiian affairs. The uniform collection and sharing of data specific to Native Hawaiians is critical to the proper administration of the State's trust responsibilities and improving the conditions of Native Hawaiians through other similar initiatives.

The purpose of this Act is to:

(1) Ascertain the current status of demographic data collection and reporting;

(2) Increase and improve the collection and reporting of demographic data for Asian Americans, Native Hawaiians, and other Pacific Islanders; and

(3) Facilitate timely reporting of demographic data to the public,

by requiring all state agencies, boards, and commissions to use certain categories and tabulations for demographic data collected and establishing a task force on twenty-first century data governance.

SECTION 2. Chapter 27, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§27- Asian American and Native Hawaiian and other Pacific Islander groups; collection of demographic data. (a) Any state agency, board, or commission that directly or by contract collects demographic data regarding ancestry or ethnic origin shall use the following separate collection categories and tabulations:

(1) Native Hawaiian;

(2) Each major Asian group, including but not limited to Chinese, Filipino, Japanese, and Korean; and

(3) Each other major Pacific Islander group, including but not limited to Chamorro, Samoan, Tongan, Fijian, Tahitian, Marshallese, Chuukese, Kosraean, Pohnpeian, Yapese, Palauan, Nauruan, and I-Kiribati.

(b) The data collected pursuant to the collection categories and tabulations described in subsection (a) shall be included in every demographic report on ancestry or ethnic origins by a state agency, board, or commission published or released on or after July 1, 2023; provided that if the report is governed by federal laws requiring the use of other categories and tabulations, the federal laws shall govern. The data shall be made available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential. State agencies, boards, or commissions shall not be required to publicly report data if prevented from doing so by federal or state law; provided that these entities shall make a good faith effort to redact information that is not available for disclosure so that the rest of the data can be made public.

(c) In accordance with this section and subject to all applicable state and federal laws regarding personal identifying information, the department of health, department of labor and industrial relations, department of human services, and each county police department shall compile and share with the office of Hawaiian affairs, office of health equity of the department of health, and general public each department's disaggregated data on Native Hawaiians, Pacific Islanders, and Asians by posting the data on the department's website on or before July 1, 2024, and annually thereafter.

(d) To the extent that federal law requires the use of categories and tabulations that are more specific than those contained in subsection (a), the more specific federal law shall govern.

(e) Nothing herein shall limit the ability of any state agency, board, or commission to use categories and tabulations that are more specific than those described in subsection (a) or any other applicable state or federal law."

SECTION 3. (a) There is established a task force on twenty-first century data governance.

(b) The task force shall assess current demographic data collection, processing, retention, and sharing procedures used and the needs of and challenges faced by all state agencies.

(1) The director of the office of planning and sustainable development, or the director's designee;

(2) The chief information officer of the office of enterprise technology services, or the chief information officer's designee;

(3) The chief executive officer of the office of Hawaiian affairs, or the chief executive officer's designee;

(4) The director of the department of health's office of health equity, or the director's designee; and

(5) Other relevant members to be identified by the task force.

(d) The task force shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2024.

(e) The task force shall be dissolved on June 30, 2024.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2112.

THE SENATE	S.B. NO.	811
THIRTY-SECOND LEGISLATURE, 2023		S.D. 2
STATE OF HAWAII		H.D. 1