Bill Text: CA AB959 | 2015-2016 | Regular Session | Chaptered
Bill Title: Lesbian, Gay, Bisexual, and Transgender Disparities
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2015-10-07 - Chaptered by Secretary of State - Chapter 565, Statutes of 2015. [AB959 Detail]
Download: California-2015-AB959-Chaptered.html
BILL NUMBER: AB 959 CHAPTERED
BILL TEXT
CHAPTER 565
FILED WITH SECRETARY OF STATE OCTOBER 7, 2015
APPROVED BY GOVERNOR OCTOBER 7, 2015
PASSED THE SENATE SEPTEMBER 10, 2015
PASSED THE ASSEMBLY SEPTEMBER 11, 2015
AMENDED IN SENATE SEPTEMBER 4, 2015
AMENDED IN SENATE AUGUST 31, 2015
AMENDED IN SENATE JULY 7, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Chiu
(Coauthors: Assembly Members Bonta, Eggman, Gordon, and Low)
(Coauthors: Senators Hall and Pan)
FEBRUARY 26, 2015
An act to add Section 8310.8 to the Government Code, relating to
data collection.
LEGISLATIVE COUNSEL'S DIGEST
AB 959, 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, except as specified. 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 prohibit these state
departments from reporting demographic data that would permit
identification of individuals or would result in statistical
unreliability. 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 possible, 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) It is the goal of state government, in collecting demographic
data, to gather accurate information in order to understand, compare,
report, and apply that data to the enhancement and improvement of
public services.
(b) Currently, the state does not consistently collect demographic
data related to sexual orientation or gender identity.
(c) The limited data available for the Lesbian, Gay, Bisexual, and
Transgender (LGBT) communities includes all of the following:
(1) According to a University of California, Los Angeles, study
from the Williams Institute, nearly one in five children being raised
by same-sex couples (approximately 24 percent) live in poverty
compared to 14 percent of children being raised by different-sex
couples.
(2) Data from a 2013 Williams Institute report on patterns of
poverty of LGBT communities shows that one-third of lesbian couples
and 20.1 percent of gay male couples without a high school diploma
are in poverty, compared to 18.8 percent of different-sex married
couples. The report further showed African American same-sex couples
have poverty rates more than twice the rate of different-sex married
African American couples and there are high levels of poverty in
bisexual individuals in California reaching approximately 25 percent
of bisexual people compared to 17 percent for heterosexual people.
(3) According to the California Department of Justice, in 2013,
hate crimes with a sexual orientation bias motivation were the second
most common type of hate crime, comprising 25 percent of all hate
crimes.
(4) Various studies, including those by the United States
Department of Health and Human Services and the Institute of
Medicine, found that health disparities impacting lesbian, gay,
bisexual, and transgender include higher risks for cancer, mental
illness, and other diseases, as well as higher rates of smoking and
substance abuse.
(5) Research from the Lesbian, Gay, Bisexual, Transgender, Queer,
and Questioning (LGBTQ) Reducing Disparities Project found that LGBTQ
respondents statewide reported troublesome experiences with service
providers in regard to how accepting or rejecting service providers
have been of their sexual orientation and gender identity/expression.
Further, LGBTQ respondents reported difficulty finding providers
knowledgeable and accepting of sexual orientation and gender identity
concerns.
(d) Due to historical systemic exclusion of data collection of
LGBT communities, significant disparities in their health and welfare
have been prolonged compared to the broader community. LGBT
communities face disproportionately high rates of poverty, suicide,
homelessness, isolation, substance abuse, and violence, and low rates
of health insurance. These problems are more prevalent for youth and
seniors, communities of color, and bisexual and transgender and
undocumented communities.
(e) It is in the best interests of the state to respect, embrace,
and understand the full diversity of its residents and to collect
accurate data to effectively implement and deliver critical state
services and programs.
(f) It is the intent of the Legislature that the state departments
specified in Section 8310.8 of the Government Code, as added by
Section 2 of this act, utilize existing work and research, including,
but not limited to, referencing research on promising and
community-defined practices and stakeholders when developing
questions to collect voluntary self-identified information pertaining
to sexual orientation and gender identity. Further, it is the intent
of the Legislature that the state departments specified in
subdivision (a) of Section 8310.8 of the Government Code, as added by
Section 2 of this act, that collect demographic data consider urging
the collection of voluntary self-identified information pertaining
to sexual orientation and gender identity in circumstances where an
entity not covered by this act does not already collect this
information.
SEC. 2. Section 8310.8 is added to the Government Code, to read:
8310.8. (a) (1) This section shall only apply to the following
state departments:
(A) The State Department of Health Care Services.
(B) The State Department of Public Health.
(C) The State Department of Social Services.
(D) The California Department of Aging.
(2) This section shall be known and may be cited as the Lesbian,
Gay, Bisexual, and Transgender Disparities Reduction Act.
(b) (1) Except as specified in paragraph (2), in addition to the
duties imposed by Section 8310.5 and to the extent permissible by
federal law, the state departments identified in subdivision (a), in
the course of collecting demographic data directly or by contract as
to the ancestry or ethnic origin of Californians, shall collect
voluntary self-identification information pertaining to sexual
orientation and gender identity.
(2) The departments identified in subdivision (a) may, but are not
required to, collect demographic data pursuant to this section under
either of the following circumstances:
(A) Pursuant to federal programs or surveys, whereby the
guidelines for demographic data collection categories are defined by
the federal program or survey.
(B) Demographic data is collected by other entities including:
(i) State offices, departments, and agencies not included in
subdivision (a).
(ii) Surveys administered by third-party entities and where the
state department is not the sole funder.
(c) (1) During the regular process of reporting of demographic
data to the Legislature, the state departments identified in
subdivision (a) shall report the data collected pursuant to this
section and the method used to collect that 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 shall not be disclosed.
(2) The state departments identified in subdivision (a) shall not
report demographic data that would permit identification of
individuals or would result in statistical unreliability. Demographic
reports on data collected pursuant to this section, to prevent
identification of individuals, may aggregate categories at a state,
county, city, census tract, or zip code level to facilitate
comparisons and identify disparities.
(3) The state departments identified in subdivision (a) may use
information voluntarily provided about sexual orientation and gender
identity only for demographic analysis, coordination of care, quality
improvement of its services, conducting approved research,
fulfilling reporting requirements, and guiding policy or funding
decisions. All information about sexual orientation and gender
identity collected pursuant to this section shall be used only for
purposes specified in this section.
(d) The state departments identified in subdivision (a) shall come
into compliance with the requirements of this section as early as
possible following the effective date of this section, but no later
than July 1, 2018.
SEC. 3. The Legislature finds and declares that Section 2 of this
act, which adds Section 8310.8 to the Government Code, imposes a
limitation on the public's right of access to the meetings of public
bodies or the writings of public officials and agencies within the
meaning of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes the
following findings to demonstrate the interest protected by this
limitation and the need for protecting that interest:
Due to the sensitive general nature of data relating to sexual
orientation and gender identity and the need to protect the safety of
those who would provide voluntary self-identification information
pertaining to their sexual orientation and gender identity, it is
necessary to prohibit the public disclosure of personal identifying
information that would allow the identification of an individual who
provided voluntary self-identification information pertaining to
sexual orientation and gender identity.
