SB811 SD1

SECTION 1. The legislature finds that Asian Americans, Native Hawaiians, and other Pacific Islanders represent 46.5 per cent of the State's population. While Asian Americans, Native Hawaiians, and other Pacific Islanders are often misrepresented as a homogeneous group, they are an extremely diverse group, with ethnicities from over thirty different countries. Asian American, 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, Native Hawaiians, and other Pacific Islanders, Hawaii's state agencies do not all 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, Native Hawaiian, and other Pacific Islander ethnic groups is imperative and making this data publicly accessible is critical for enhancing 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 Pacific Islanders; and

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

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, 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 as to ancestry or ethnic origin shall use separate collection categories and tabulations for the following:

(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 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, unless the report is governed by federal standards requiring the use of other categories and tabulations, then federal standards 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.

(c) The department of health, department of labor and industrial relations, department of human services, and county police departments shall compile and share existing disaggregated data pursuant to this section on Native Hawaiians, Pacific Islanders, and Asians with the office of Hawaiian affairs, the office of health equity, and the general public, subject to all applicable state and federal laws regarding personal identifying information, by posting the data on the website of the agency 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 standards shall govern.

(e) Nothing herein shall limit the ability of any state agency, board, or commission from using 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 the current data collection, processing, retention, and sharing procedures; needs; and challenges across state agencies.

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

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

(3) The chief executive officer of the office of Hawaiian affairs or their designee;

(4) The director of the office of health equity or their 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 regular session of 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. 1
STATE OF HAWAII