BILL NUMBER: SB 416 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 17, 2011
AMENDED IN SENATE MARCH 23, 2011
INTRODUCED BY Senator Kehoe
FEBRUARY 16, 2011
An act to amend Section 14771 of the Government Code,
relating to state government forms. An act to add
Chapter 5 (commencing with Section 103950) to Part 2 of Division 102
of the Health and Safety Code, related to health.
LEGISLATIVE COUNSEL'S DIGEST
SB 416, as amended, Kehoe. Statewide forms management:
personal data. Health: survey.
Existing law creates the State Department of Public Health and
requires it to carry out various duties related to public health
programs. Existing law creates the State Department of Health Care
Services and requires it to carry out various duties related to
health purchasing programs.
This bill would require the State Department of Public Health and
the State Department of Health Care Services to collorborate with the
University of California, Los Angeles, to include specified
information related to gender into the California Health Interview
Survey.
This bill would require the State Department of Public Health and
the State Department of Health Care Services to collorborate with the
California state coordinator for the Behavioral Risk Factor
Surveillance System to include specified information related to
gender into the system.
Existing law requires the Director of General Services, through
the forms management center within the Department of General
Services, to provide notice to state agencies, form management
representatives, and departmental forms coordinators that in the
usual course of reviewing and revising all public-use forms that
refer to or use the terms spouse, husband, wife, father, mother,
marriage, or marital status, appropriate references to
state-registered domestic partner, parent, or state-registered
domestic partnership are to be included.
This bill would additionally require the director to provide
notice to these individuals and entities that, in the usual course of
reviewing and revising all surveys that collect demographic data and
that are administered, or funded fully or in part, by the state,
appropriate voluntary self-identification information shall be
collected by the surveys pertaining to sexual orientation and gender
identity and gender expression. It would specify that surveys that
ask about marital status shall also ask about registered domestic
partnership status and about the sex of the spouse or partner.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 5 (commencing with Section
103950) is added to Part 2 of Division 102 of the Health
and Safety Code , to read:
CHAPTER 5. HEALTH CARE SURVEYS
103950. (a) Notwithstanding any other provision of state law, and
to the extent permitted by federal law, the State Department of
Public Health and the State Department of Health Care Services shall,
no later than January 1, 2013, collaborate with the University of
California, Los Angeles, to include appropriate voluntary
self-identification information pertaining to sexual orientation,
gender identity, and gender expression into the questions asked by
the California Health Interview Survey. If the survey includes any
question about marital status, the State Department of Public Health
and the State Department of Health Care Services shall also, no later
than January 1, 2013, collaborate with the University of California,
Los Angeles, to also include questions about registered domestic
partnership status and about the gender of the spouse or partner into
the California Health Interview Survey.
(b) Notwithstanding any other provision of state law, and to the
extent permitted by federal law, the State Department of Public
Health and the State Department of Health Care Services shall, no
later than January 1, 2013, collaborate with the California state
coordinator for the Behavioral Risk Factor Surveillance System to
include appropriate voluntary self-identification information
pertaining to sexual orientation, gender identity, and gender
expression into the system. If the survey includes any question about
marital status, the State Department of Public Health and the State
Department of Health Care Services shall also, no later than January
1, 2013, collaborate with the California state coordinator for the
Behavioral Risk Factor Surveillance System to also include questions
about registered domestic partnership status and about the gender of
the spouse or partner into the system.
SECTION 1. Section 14771 of the Government Code
is amended to read:
14771. (a) The director, through the forms management center,
shall do all of the following:
(1) Establish a State Forms Management Program for all state
agencies, and provide assistance in establishing internal forms
management capabilities.
(2) Study, develop, coordinate and initiate forms of interagency
and common administrative usage, and establish basic state design and
specification criteria to effect the standardization of public-use
forms.
(3) Provide assistance to state agencies for economical forms
design and forms artwork composition and establish and supervise
control procedures to prevent the undue creation and reproduction of
public-use forms.
(4) Provide assistance, training, and instruction in forms
management techniques to state agencies, forms management
representatives, and departmental forms coordinators, and provide
direct administrative and forms management assistance to new state
organizations as they are created.
(5) Maintain a central cross index of public-use forms to
facilitate the standardization of these forms, to eliminate redundant
forms, and to provide a central source of information on the usage
and availability of forms.
(6) Utilize appropriate procurement techniques to take advantage
of competitive bidding, consolidated orders, and contract procurement
of forms, and work directly with the Office of State Publishing
toward more efficient, economical and timely procurement, receipt,
storage, and distribution of state forms.
(7) Coordinate the forms management program with the existing
state archives and records management program to ensure timely
disposition of outdated forms and related records.
(8) Conduct periodic evaluations of the effectiveness of the
overall forms management program and the forms management practices
of the individual state agencies, and maintain records which indicate
net dollar savings which have been realized through centralized
forms management.
(9) Develop and promulgate rules and standards to implement the
overall purposes of this section.
(10) Create and maintain by July 1, 1986, a complete and
comprehensive inventory of public-use forms in current use by the
state.
(11) Establish and maintain, by July 1, 1986, an index of all
public-use forms in current use by the state.
(12) Assign, by January 1, 1987, a control number to all
public-use forms in current use by the state.
(13) Establish a goal to reduce the existing burden of state
collections of public information by 30 percent by July 1, 1987, and
to reduce that burden by an additional 15 percent by July 1, 1988.
(14) Notwithstanding any other provision of law, including, but
not limited to, Section 14774, provide notice to state agencies,
forms management representatives, and departmental forms
coordinators, that in the usual course of reviewing and revising all
public-use forms that refer to or use the terms spouse, husband,
wife, father, mother, marriage, or marital status, appropriate
references to state-registered domestic partner, parent, or
state-registered domestic partnership are to be included.
(15) Notwithstanding any other provision of state law, including,
but not limited to, Section 14774, and to the extent permitted by
federal law, provide notice to state agencies, forms management
representatives, and departmental forms coordinators, that in the
usual course of reviewing and revising surveys that collect
demographic data and that are administered, or funded fully or in
part, by the state, appropriate voluntary self-identification
information shall be collected by the surveys pertaining to sexual
orientation and gender identity and gender expression. Surveys that
ask about marital status shall also ask about registered domestic
partnership status and about the gender of the spouse or partner.
(16) Delegate implementing authority to state agencies where the
delegation will result in the most timely and economical method of
accomplishing the responsibilities set forth in this section.
The director, through the forms management center, may require any
agency to revise any public-use form which the director determines
is inefficient.
(b) Due to the need for tax forms to be available to the public on
a timely basis, all tax forms, including returns, schedules,
notices, and instructions prepared by the Franchise Tax Board for
public use in connection with its administration of the Personal
Income Tax Law, Senior Citizens Property Tax Assistance and
Postponement Law, Bank and Corporation Tax Law, and the Political
Reform Act of 1974 and the State Board of Equalization's
administration of county assessment standards, state-assessed
property, timber tax, sales and use tax, hazardous substances tax,
alcoholic beverage tax, cigarette tax, motor vehicle fuel license
tax, use fuel tax, energy resources surcharge, emergency telephone
users surcharge, insurance tax, and universal telephone service tax
shall be exempt from subdivision (a), and, instead, each board shall
do all of the following:
(1) Establish a goal to standardize, consolidate, simplify,
efficiently manage, and, where possible, reduce the number of tax
forms.
(2) Create and maintain, by July 1, 1986, a complete and
comprehensive inventory of tax forms in current use by the board.
(3) Establish and maintain, by July 1, 1986, an index of all tax
forms in current use by the board.
(4) Report to the Legislature, by January 1, 1987, on its progress
to improve the effectiveness and efficiency of all tax forms.
(c) The director, through the forms management center, shall
develop and maintain, by December 31, 1995, an ongoing master
inventory of all nontax reporting forms required of businesses by
state agencies, including a schedule for notifying each state agency
of the impending expiration of certain report review requirements
pursuant to subdivision (b) of Section 14775.