SB 5784 — Encouraging agency demographic data collection.

S-4663.2S-1667.3 SUBSTITUTE SENATE BILL 5784 State of Washington 69th Legislature 20262025 Regular Session By SenateSenator StateHasegawa Government,AN TribalACT AffairsRelating &to Electionsagency (originallydemographic sponsoreddata bycollection; Senator Hasegawa) READ FIRST TIME 02/04/26.

AN ACT Relating to agency demographic data collection;

1 SSBSB 5784 categories that all federal agencies must use when collecting information on race and ethnicity, that minimum is insufficient for the state of Washington because of its great diversity of ethnicities, cultures, backgrounds, and experiences.

2 SSBSB 5784 (i) An individual's first name or first initial and last name in combination with any one or more of the following data elements:

(A) Social security number or the last four digits of the social security number;

(1) Each agency shall collect voluntary self-identification demographic data using the United States office of management and budget statistical policy directive number 15 as p.

3 SSBSB 5784 of management and budget statistical policy directive number 15 as published on March 29, 2024, that provides common language for uniformity and comparability in the collection and use of race and ethnicity data, minimum categories, and corresponding detailed categories and subcategoriessubcategories. used by the United States census bureau for Washington state population estimates, or other more granular demographic data as the agency may deem appropriate and necessary for its intended purpose.

(3) The data collected under subsection (1) of this section must be included in every demographic report on race or ethnic origin by the state agency, board, or commission published or released after June 30, 2030.2025.

The data must be made available to the public in accordance with state and federal lawlaw, including,except butfor not limited to, the health insurance portability and accountability act and family educational rights and privacy act, and privacy protection standards including, but not limited to, data aggregation and suppression necessary to protect individual identities, and excluding personal information, which shall be deemed confidential.

(5) An agency must comply with the requirements of this section as early as possible following the effective date of this section, but at the latest by June 30, 2030.2026.

(1) TheAn agency may submit a request to the office of financial management shallfor convenean andexemption manageto athe multiagencyrequirement committeeto thatcollect includesmore representativesdetailed fromdata beyond the stateminimum ethniccategories commissions,if the governor'sagency officedetermines ofthat Indianthe affairs,potential officebenefit of equity,the anddetailed office of privacy and data protectionwould tonot reviewjustify andthe approveadditional requestsburden for exemptions to the requirementagency toand collectthe morepublic detailedor datathe beyondadditional therisk minimumto p.privacy or confidentiality.

4(2) SSBAn 5784agency may submit a request to the office of financial management for a variance to the detailed categories if the agency determines that collecting different detailed data categories than the ones listed in United States office of management and budget statistical policy directive number 15.15 provides more useful or accurate data for the collection's specific context and intended uses.

An agency may submit a request to the multiagency committee for an exemption to the requirement to collect more detailed data beyond the minimum categories if the agency determines that the potential benefit of the detailed data would not justify the additional burden to the agency and the public or the additional risk to privacy or confidentiality.

(2) An agency may submit a request to the multiagency committee for a variance to the detailed categories used by the United States census bureau for Washington state if the agency determines that collecting different detailed data categories provides more useful or accurate data for the collection's specific context and intended uses.

(3) The multiagency committee must review agency requests for exemptions and variances, and only approve the requests if:

(a) The potential benefit of the detailed data would not justify the additional burden to the agency and the public or the additional risk to individual privacy or confidentiality;

(b) The agency demonstrates that the exemption or variance is appropriate for target demographic categories or subcategories of a program or agency;

(c) The agency is not the primary data collector;

(d) The agency is required to report demographic data to federal agencies using different categories;

or (e) They otherwise contain sufficient justification.

NEW SECTION.

Sec.

5.

(1) Each agency shall develop a multiyear phased plan for implementing the demographic data collection and reporting requirements in section 3 of this act.

Agency plans must address:

(a) Technology updates needed for technical implementation;

(b) Statutory and rule changes needed;

(c) Data security and guidelines for reporting that protect individual privacy;

(d) Data governance;

(e) Change management strategies including training and process modifications;

and (f) The staffing, technology, and other costs associated with each of the above plan components.

54 SSBSB 5784 (2)(3) EachThe agencyoffice mustof submitfinancial implementationmanagement plansmust toreview theagency multiagencyrequests committeefor byexemptions December 1, 2026, and thevariances, multiagency committee must submit a report summarizing statewide implementation needs and costsonly toapprove the governorrequests andif legislaturethey bycontain Junesufficient 30,justification. 2027.

(4) The office of financial management and agencies must consult with the ethnic commissions and the governor's office of Indian affairs regarding which demographic breakdown is most important and relevant to the program or programs being analyzed.

6.5.

White, Black, Hispanic, American Indian/Alaskan Native, Asian, Pacific Islander/Hawaiian Native, Middle Eastern/North African, low income, highly capable, transitional bilingual, migrant, special education, p.

65 SSBSB 5784 Black, Hispanic, American Indian/Alaskan Native, Asian, Pacific Islander/Hawaiian Native, Middle Eastern/North African, low income, highly capable, transitional bilingual, migrant, special education, and students covered by section 504 of the federal rehabilitation act of 1973, as amended (29 U.S.C.

(5) All student data-related reports required of the superintendent of public instruction regarding student suspensions p.

76 SSBSB 5784 (5) All student data-related reports required of the superintendent of public instruction regarding student suspensions and expulsions as required in RCW 28A.300.046 are subject to cross- tabulation at a minimum by the following:

7.6.

Sections 1 through 54 of this act constitute a new chapter in Title 42 RCW.