Amended in Senate August 31, 2015

Amended in Senate July 7, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 959

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, 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 begin insert , end insert during the regular process of reporting of demographic begin delete data, end delete begin insert data to the Legislature, to report end insert the collected data and method used to collect the data begin delete annually to the Legislature. This bill would further require these state departments to end delete begin insert and end insert 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 This end delete begin insert The end insert bill would limit the use of the collected begin delete data, end delete begin insert data by these state departments, end insert as specified. begin delete This end delete begin insert The end insert bill would require these state departments to begin delete comply end delete begin insert come into compliance end insert with these provisions as early as begin delete possible, end delete begin insert possible or whenever first updating forms, software, hardware, or information collection procedures, end insert but no later than July 1, begin delete 2017. end delete begin insert 2018. end insert 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:

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.

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) In addition to the duties imposed by Section begin delete 8310.5, end delete begin insert 8310.5
and to the extent not prohibited by federal law, end insert 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.

(c) 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. 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
begin delete comply end delete begin insert come into compliance end insert with the requirements of this section
as early as begin delete possible, end delete begin insert possible or whenever first updating forms,
software, hardware, or information collection procedures following
the effective date of this section, end insert but no later than July 1, begin delete 2017. end delete
begin insert 2018. end insert

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.