Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 959


Introduced by Assembly Member Chiu

February 26, 2015


An actbegin insert add Section 8310.8 to the Government Code,end insert relating to data collection.

LEGISLATIVE COUNSEL’S DIGEST

AB 959, as amended, Chiu. begin deleteData collection. end deletebegin insertLesbian, Gay, Bisexual, and Transgender Disparities Reduction Actend insertbegin insert.end insert

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(1) Existing law requires a state agency, board, or commission that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for each major Asian and Pacific Islander groups, as specified.

end insert
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This bill would require 4 specific state departments, in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of Californians, to collect voluntary self-identification information pertaining to sexual orientation and gender identity. This bill would require these state departments to report, during the regular process of reporting of demographic data, the collected data and method used to collect the data annually to the Legislature. This bill would further require these state departments to make the data available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential and prohibited from disclosure. This bill would require these state departments to comply with these provisions as early as possible, but no later than July 1, 2017. This bill would make legislative findings and declarations relating to this act.

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(2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

end insert
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This bill would make legislative findings to that effect.

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The Information Practices Act of 1977 requires an agency to, among other things, maintain in its records only personal information, as defined, that is relevant and necessary for a required or authorized purpose. Existing law requires a department or agency to enact and maintain a permanent privacy policy in adherence with that act that includes, but is not limited to, specified principles. Existing law also requires a business that owns, licenses, or maintains personal information about a California resident to implement and maintain reasonable security procedures and practices appropriate to the nature of the information, and to protect the personal information from unauthorized access, destruction, use, modification, or disclosure.

end delete
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This bill would declare it is the intent of the Legislature to enact legislation to effectively address the significant disparities that impact the lesbian, gay, bisexual, and transgender (LGBT) communities in regards to data collection.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

The Legislature finds and declares all of the
2following:

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3(a) It is the goal of state government, in collecting demographic
4data, to gather accurate information in order to understand,
5compare, report, and apply that data to the enhancement and
6improvement of public services.

end insert
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7(b) Currently, the state does not consistently collect
8demographic data related to sexual orientation or gender identity.

end insert
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9(c)  The limited data available for the Lesbian, Gay, Bisexual,
10and Transgender (LGBT) communities includes all of the following:

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11(1) According to a University of California, Los Angeles, study
12from the Williams Institute, nearly one in five children being raised
P3    1by same-sex couples (approximately 24 percent) live in poverty
2compared to 14 percent of children being raised by different-sex
3couples.

end insert
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4(2) Data from a 2013 Williams Institute report on patterns of
5poverty of LGBT communities shows that one-third of lesbian
6couples and 20.1 percent of gay male couples without a high school
7diploma are in poverty, compared to 18.8 percent of different-sex
8married couples. The report further showed African American
9same-sex couples have poverty rates more than twice the rate of
10different-sex married African Americans couples and there are
11high levels of poverty in bisexual individuals in California reaching
12approximately 25 percent of bisexual people compared to 17
13percent for heterosexual people.

end insert
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14(3) According to the California Department of Justice, in 2013,
15hate crimes with a sexual orientation bias motivation were the
16second most common type of hate crime, comprising 25 percent
17of all hate crimes.

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18(4) Various studies, including those by the United States
19Department of Health and Human Services and the Institute of
20Medicine, found that health disparities impacting lesbian, gay,
21bisexual, and transgender include higher risks for cancer, mental
22illness, and other diseases, as well as higher rates of smoking and
23substance abuse.

end insert
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24(5) Research and report a for the Lesbian Gay Bisexual
25Transgender Queer and Questioning Reducing Disparities Project
26found that Lesbian, Gay, Bisexual, Transgender, Queer and
27Questioning (LGBTQ) patients statewide reported primary care
28physicians, nurse practitioners, and dentists among the top six
29most dismissive providers.

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30(d) Due to historical systemic exclusion of data collection of
31LGBT communities, significant disparities in their health and
32welfare have been prolonged compared to the broader community.
33LGBT communities face disproportionately high rates of poverty,
34suicide, homelessness, isolation, substance abuse, and violence,
35and low rates of health insurance. These problems are more
36prevalent for youth and seniors, communities of color, and bisexual
37and transgender and undocumented communities.

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38(e) It is in the best interests of the state to respect, embrace, and
39understand the full diversity of its residents and to collect accurate
P4    1data to effectively implement and deliver critical state services
2and programs.

end insert
3begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 8310.8 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
4read:end insert

begin insert
5

begin insert8310.8.end insert  

(a) (1) This section shall only apply to the following
6state departments:

7(A) The State Department of Health Care Services.

8(B) The State Department of Public Health.

9(C) The State Department of Social Services.

10(D) The California Department of Aging.

11(2) This section shall be known and may be cited as the Lesbian,
12Gay, Bisexual, and Transgender Disparities Reduction Act.

13(b) In addition to the duties imposed by Section 8310.5, the state
14departments identified in subdivision (a), in the course of collecting
15demographic data directly or by contract as to the ancestry or
16ethnic origin of Californians, shall collect voluntary
17self-identification information pertaining to sexual orientation and
18gender identity.

19(c) During the regular process of reporting of demographic
20data to the Legislature, the state departments identified in
21subdivision (a) shall report the data collected pursuant to this
22section and the method used to collect that data, and make the
23data available to the public in accordance with state and federal
24law, except for personal identifying information, which shall be
25deemed confidential and shall not be disclosed.

26(d) The state departments identified in subdivision (a) shall
27comply with the requirements of this section as early as possible,
28but no later than July 1, 2017.

end insert
29begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

The Legislature finds and declares that Section 2 of
30this act, which adds Section 8310.8 to the Government Code,
31imposes a limitation on the public’s right of access to the meetings
32of public bodies or the writings of public officials and agencies
33within the meaning of Section 3 of Article I of the California
34Constitution. Pursuant to that constitutional provision, the
35Legislature makes the following findings to demonstrate the interest
36protected by this limitation and the need for protecting that
37interest:

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38Due to the sensitive general nature of data relating to sexual
39orientation and gender identity and the need to protect the safety
40of those would provide voluntary self-identification information
P5    1pertaining to their sexual orientation and gender identity, it is
2necessary to prohibit the public disclosure of voluntary
3self-identification information pertaining to sexual orientation and
4gender identity.

end insert
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5

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6

SECTION 1.  

It is the intent of the Legislature to enact
7legislation to effectively address the significant disparities that
8impact the lesbian, gay, bisexual, and transgender (LGBT)
9communities in regards to data collection.

end delete


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