EXECUTIVE ORDER D-11-99


WHEREAS, the Constitution of the United States requires an enumeration of the population every ten years to apportion congressional representation among the states; and

WHEREAS, pursuant to Section 141 of Title 13 of the United States Code the next federal decennial census of the population will be taken on the first day of April, 2000; and

WHEREAS, a complete and accurate count of our population is critical to the State with respect to its effects on congressional representation, state redistricting, and federal formula grant allocations and the distribution of state subvention funds for an entire decade until the next decennial census is taken; and

WHEREAS, in the 1990 Census, there was a national undercount of four million people, 1.6% of the nation's population; and

WHEREAS, California had the largest population undercount in the nation pursuant to the 1990 Census, whereby 838,000 people, 2.7% of the State's population, were missed; and

WHEREAS, as a result of the 1990 Census undercount, California did not gain an additional congressional seat to which it was entitled and lost at least $2.2 billion in federal funds for education, health, and human services programs; and

WHEREAS, minority race and ethnic populations are most likely to be missed or undercounted, yet comprise the fastest growing groups in California between 1990 and 2000, totaling over 50 percent of the State's population in 2000; and

WHEREAS, the undercount in the 2000 Census potentially could be worse due to lower response rates to census surveys, a more mobile and diverse population, more varied housing and living arrangements, and difficulties in hiring and retaining the large, temporary census work force needed to follow-up on households that do not complete and return the census form; and

WHEREAS, if the 1990 Census undercount rates are not improved, the 2000 Census will miss more than 1,000,000 Californians, significantly and adversely affecting California with respect to congressional representation, state redistricting, the allocation of federal funds, and the distribution of state subvention funds; and

WHEREAS, the United States Census Bureau will endeavor to count every person in the nation, and many states will be initiating programs to promote the census; and

WHEREAS, the Legislature has expressed interest in increasing participation in the federal census by allocating funds for an intensive, short-term outreach program, which was initially placed in the Department of Consumer Affairs and will be transferred to the Business, Transportation & Housing Agency, to those groups that have been undercounted in the past; and

WHEREAS, by legislative action, SB711 (Burton) [Stats. 1999, ch. 86, sec. 8] the Governor is requested to appoint a task force to make recommendations on how to maximize the number of Californian's counted in the 2000 Census and to implement a census outreach program;

NOW, THEREFORE, I, GRAY DAVIS
, Governor of the State of California, by virtue of the power and authority vested in me by the Constitution and statutes of the State of California, do hereby issue this order to become effective immediately:


The California Complete Count Committee ("Committee") is hereby established and is directed to, as expeditiously as possible, develop, recommend and assist in the administration of an outreach strategy to encourage full participation in the 2000 federal decennial census of population required by Section 141 of Title 13 of the United States Code;

Secretary Maria Contreras-Sweet of the California Business, Transportation and Housing Agency shall serve as Chair of the Committee, and additional members shall be appointed by and serve at the pleasure of the Governor;

The census outreach strategy shall to the extent reasonably practicable include, but not be limited to, State agency initiatives to encourage participation in the 2000 Census, the establishment and support of county complete count committees as well as school-based outreach programs, the creation and operation of non-profit Questionnaire Assistance Centers, and a media campaign designed to ensure an accurate and complete count of California's population;

In carrying out its duties, the committee may appoint working groups as it deems appropriate, and shall solicit participation from a broad base of relevant experts and practitioners involved in census issues;

The Committee shall submit an interim report to the Governor by January 31, 2000, containing its recommended outreach strategy to encourage full participation and avoid an undercount in the 2000 Census. Thereafter, the Committee shall report periodically to the Governor, and shall submit its final report no later than June 30, 2001, specifying actual outreach efforts which were implemented for the 2000 Census, and

Pursuant to Section 11019.6(a) of the Government Code, I hereby designate the California Business, Transportation and Housing Agency as the principal state agency for coordination of the Committee (transferred from the Department of Consumer Affairs via an interagency agreement and a section 28.5 budget letter), and direct all State agencies and departments to cooperate fully as time is of the essence in this effort.

No part of this Order shall be construed to limit the authority of any agency to hold public hearings on any matter within its jurisdiction, and no part of this Order shall be construed to authorize any state agency to adopt or implement procedures, forms or deadlines in conflict with those exactly specified in statute or in conflict with the Administrative Procedures Act; and

Nothing in this Order shall be construed to confer upon any state agency decision-making authority over substantive matters within another agency's jurisdiction, including any informational and public hearing requirements needed to make regulatory and permitting decisions; and

This Order does not apply to any court or office of the judicial branch of government.