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
begin delete identity.end delete This bill would require these state
departments, during the regular process of reporting of demographic data to the Legislature, to report the collected data and method used to collect the data and 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. The bill would limit the use of the collected data by these state departments, as specified. The bill would require these state departments to come into compliance with these provisions as early as begin delete possible or whenever first updating forms, software, hardware, or information collection procedures,end delete but no later than July 1, 2018. 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
P3 1compared to 14 percent of children being raised by different-sex
3(2) Data from a 2013 Williams Institute report on patterns of
4poverty of LGBT communities shows that one-third of lesbian
5couples and 20.1 percent of gay male couples without a high school
6diploma are in poverty, compared to 18.8 percent of different-sex
7married couples. The report further showed African American
8same-sex couples have poverty rates more than twice the rate of
9different-sex married African American couples and there are high
10levels of poverty in bisexual individuals in California reaching
11 approximately 25 percent of bisexual people compared to 17
12percent for heterosexual people.
13(3) According to the California Department of Justice, in 2013,
14hate crimes with a sexual orientation bias motivation were the
15second most common type of hate crime, comprising 25 percent
16of all hate crimes.
17(4) Various studies, including those by the United States
18Department of Health and Human Services and the Institute of
19Medicine, found that health disparities impacting lesbian, gay,
20bisexual, and transgender include higher risks for cancer, mental
21illness, and other diseases, as well as higher rates of smoking and
23(5) Research from the Lesbian, Gay, Bisexual, Transgender,
24Queer, and Questioning (LGBTQ) Reducing Disparities Project
25found that LGBTQ respondents statewide reported troublesome
26experiences with service providers in regard to how accepting or
27rejecting service providers have been of their sexual orientation
28and gender identity/expression. Further, LGBTQ respondents
29reported difficulty finding providers knowledgeable and accepting
30of sexual orientation and gender identity concerns.
31(d) Due to historical systemic exclusion of data collection of
32LGBT communities, significant disparities in their health and
33welfare have been prolonged compared to the broader community.
34LGBT communities face disproportionately high rates of poverty,
35suicide, homelessness, isolation, substance abuse, and violence,
36and low rates of health insurance. These problems are more
37prevalent for youth and seniors, communities of color, and bisexual
38and transgender and undocumented communities.
39(e) It is in the best interests of the state to respect, embrace, and
40understand the full diversity of its residents and to collect accurate
P4 1data to effectively implement and deliver critical state services
3(f) It is the intent of the Legislature that the state departments
4specified in Section 8310.8 of the Government Code, as added by
5Section 2 of this act, utilize existing work and research, including,
6but not limited to, referencing research on promising and
7community-defined practices and stakeholders when developing
8questions to collect voluntary self-identified information pertaining
9to 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
21(A) The State Department of Health Care Services.
22(B) The State Department of Public Health.
23(C) The State Department of Social Services.
24(D) The California Department of Aging.
25(2) This section shall be known and may be cited as the Lesbian,
26Gay, Bisexual, and Transgender Disparities Reduction Act.
begin deleteIn end deleteaddition to
28the duties imposed by Section 8310.5 and to the extent
begin delete not by federal law, the state departments
30identified in subdivision (a), in the course of collecting
31demographic data directly or by contract as to the ancestry or ethnic
32origin of Californians, shall collect voluntary self-identification
33information pertaining to sexual orientation and gender identity.
5(c) During the regular process of reporting of demographic
6data to the Legislature, the state departments identified in
7subdivision (a) shall report the data collected pursuant to this
8section and the method used to collect that data, and make the data
9available to the public in accordance with state and federal law,
10except for personal identifying information, which shall be deemed
11confidential and shall not be disclosed.
begin delete Theend delete
19 state departments identified in subdivision (a) may use
20information voluntarily provided about sexual orientation and
21gender identity only for demographic analysis, coordination of
22care, quality improvement of its services, conducting approved
23research, fulfilling reporting requirements, and guiding policy or
24funding decisions. All information about sexual orientation and
25gender identity collected pursuant to this section shall be used only
26for purposes specified in this section.
27(d) The state departments identified in subdivision (a) shall
28come into compliance with the requirements of this section as early
begin delete or whenever first updating forms, software, hardware,
following the effective date
30or information collection proceduresend delete
31of this section, but no later than July 1, 2018.
The Legislature finds and declares that Section 2 of
33this act, which adds Section 8310.8 to the Government Code,
34imposes a limitation on the public’s right of access to the meetings
35of public bodies or the writings of public officials and agencies
36within the meaning of Section 3 of Article I of the California
37Constitution. Pursuant to that constitutional provision, the
38Legislature makes the following findings to demonstrate the interest
39protected by this limitation and the need for protecting that interest:
P6 1Due to the sensitive general nature of data relating to sexual
2orientation and gender identity and the need to protect the safety
3of those who would provide voluntary self-identification
4information pertaining to their sexual orientation and gender
5identity, it is necessary to prohibit the public disclosure of personal
6identifying information that would allow the identification of an
7individual who provided voluntary self-identification information
8pertaining to sexual orientation and gender identity.