AB 959, as amended, Chiu. Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act.
(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.
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
begin delete to report,end delete during the
regular process of reporting of demographic begin delete data,end delete the collected data and method used to collect the data begin delete annually to the Legislature. This bill would further require these state departments toend delete
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. begin delete Thisend delete bill would limit the use of the collected begin delete data,end delete as specified. begin delete Thisend delete bill would require these state departments to begin delete complyend delete with these provisions as early as begin delete possible,end delete but no later than July 1, begin delete 2017.end delete This bill would make legislative findings and declarations relating to this act.
(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.
This bill would make legislative findings to that effect.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
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.
7(b) Currently, the state does not consistently collect demographic
8data related to sexual orientation or gender identity.
9(c) The limited data available for the Lesbian, Gay, Bisexual,
10and Transgender (LGBT) communities includes all of the
12(1) According to a University of California, Los Angeles, study
13from the Williams Institute, nearly one in five children being raised
14by same-sex couples (approximately 24 percent) live in poverty
15compared to 14 percent of children being raised by different-sex
17(2) Data from a 2013 Williams Institute report on patterns of
18poverty of LGBT communities shows that one-third of lesbian
P3 1couples and 20.1 percent of gay male couples without a high school
2diploma are in poverty, compared to 18.8 percent of different-sex
3married couples. The report further showed African American
4same-sex couples have poverty rates more than twice the rate of
5different-sex married African American couples and there are high
6levels of poverty in bisexual individuals in California reaching
7 approximately 25 percent of bisexual people compared to 17
8percent for heterosexual people.
9(3) According to the California Department of Justice, in 2013,
10hate crimes with a sexual orientation bias motivation were the
11second most common type of hate crime, comprising 25 percent
12of all hate crimes.
13(4) Various studies, including those by the United States
14Department of Health and Human Services and the Institute of
15Medicine, found that health disparities impacting lesbian, gay,
16bisexual, and transgender include higher risks for cancer, mental
17illness, and other diseases, as well as higher rates of smoking and
19(5) Research from the Lesbian, Gay, Bisexual, Transgender,
20Queer, and Questioning (LGBTQ) Reducing Disparities Project
21found that LGBTQ respondents statewide reported troublesome
22experiences with service providers in regard to how accepting or
23rejecting service providers have been of their sexual orientation
24and gender identity/expression. Further, LGBTQ respondents
25reported difficulty finding providers knowledgeable and accepting
26of sexual orientation and gender identity concerns.
27(d) Due to historical systemic exclusion of data collection of
28LGBT communities, significant disparities in their health and
29welfare have been prolonged compared to the broader community.
30LGBT communities face disproportionately high rates of poverty,
31suicide, homelessness, isolation, substance abuse, and violence,
32and low rates of health insurance. These problems are more
33prevalent for youth and seniors, communities of color, and bisexual
34and transgender and undocumented communities.
35(e) It is in the best interests of the state to respect, embrace, and
36understand the full diversity of its residents and to collect accurate
37data to effectively implement and deliver critical state services
39(f) It is the intent of the Legislature that the state departments
40specified in Section 8310.8 of the Government Code, as added by
P4 1Section 2 of this act, utilize existing work and research, including,
2but not limited to, referencing research on promising and
3community-defined practices and stakeholders when developing
4questions to collect voluntary self-identified information pertaining
5to sexual orientation and gender identity.
Section 8310.8 is added to the Government Code, to
(a) (1) This section shall only apply to the following
10(A) The State Department of Health Care Services.
11(B) The State Department of Public Health.
12(C) The State Department of Social Services.
13(D) The California Department of Aging.
14(2) This section shall be known and may be cited as the Lesbian,
15Gay, Bisexual, and Transgender Disparities Reduction Act.
16(b) In addition to the duties imposed by Section
begin delete 8310.5,end delete the state
18departments identified in subdivision (a), in the course of collecting
19demographic data directly or by contract as to the ancestry or ethnic
20origin of Californians, shall collect voluntary self-identification
21information pertaining to sexual orientation and gender identity.
22(c) During the regular process of reporting of demographic data
23to the Legislature, the state departments identified in subdivision
24(a) shall report the data collected pursuant to this section and the
25method used to collect that data, and make the data available to
26the public in accordance with state and federal law, except for
27personal identifying information, which shall be deemed
28confidential and shall not be disclosed. The state departments
29identified in subdivision (a) may use information voluntarily
30provided about sexual orientation and gender identity only for
31demographic analysis, coordination of care, quality improvement
32of its services, conducting approved research, fulfilling reporting
33requirements, and guiding policy or funding decisions. All
34information about sexual orientation and gender identity collected
35pursuant to this section shall be used only for purposes specified
36in this section.
37(d) The state departments identified in subdivision (a) shall
begin deletecomply end deletewith the requirements of this section
39as early as
begin delete possible,end delete but no later than July 1, begin delete 2017.end delete
The Legislature finds and declares that Section 2 of
4this act, which adds Section 8310.8 to the Government Code,
5imposes a limitation on the public’s right of access to the meetings
6of public bodies or the writings of public officials and agencies
7within the meaning of Section 3 of Article I of the California
8Constitution. Pursuant to that constitutional provision, the
9Legislature makes the following findings to demonstrate the interest
10protected by this limitation and the need for protecting that interest:
11Due to the sensitive general nature of data relating to sexual
12orientation and gender identity and the need to protect the safety
13of those who would provide voluntary self-identification
14information pertaining to their sexual orientation and gender
15identity, it is necessary to prohibit the public disclosure of personal
16identifying information that would allow the identification of an
17individual who provided voluntary self-identification information
18pertaining to sexual orientation and gender identity.