BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 959|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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THIRD READING
Bill No: AB 959
Author: Chiu (D), et al.
Amended: 9/4/15 in Senate
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE: 12-1, 7/14/15
AYES: Hall, Berryhill, Block, Gaines, Galgiani, Glazer,
Hernandez, Hill, Hueso, Lara, McGuire, Vidak
NOES: Runner
SENATE APPROPRIATIONS COMMITTEE: 5-0, 8/27/15
AYES: Lara, Beall, Hill, Leyva, Mendoza
NO VOTE RECORDED: Bates, Nielsen
ASSEMBLY FLOOR: 69-0, 6/1/15 - See last page for vote
SUBJECT: Lesbian, Gay, Bisexual, and Transgender Disparities
Reduction Act
SOURCE: Author
DIGEST: This bill enacts the Lesbian, Gay, Bisexual, and
Transgender Disparities Reduction Act and requires four
specified state entities - the Department of Health Care
Services (DHCS), the Department of Public Health (DPH), the
Department of Social Services (DSS), and the Department of Aging
(CDA) - to collect voluntary self-identification information on
sexual orientation and gender identity, beginning no later than
July 1, 2018.
Senate Floor Amendments of 9/4/15 include additional legislative
intent language; add language holding the departments harmless
when collecting data under certain circumstances; add a
provision exempting the collection of certain data that would
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Page 2
permit identification of individuals or would result in
statistical unreliability; and, make other minor clarifying
changes.
ANALYSIS: 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 group and each major Pacific Islander group. This data is
required to be made available to the public in accordance with
state and federal law, except for personal identifying
information, which shall be deemed confidential.
This bill:
1)Requires, to the extent permissible by federal law, the DHCS,
the DPH, the DSS, and the CDA, 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.
2)Provides that the four state entities identified above may,
but are not required to, collect demographic data under 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, as
specified.
3)Requires collected data to be reported 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.
4)Prohibits reporting of data that would permit identification
of individuals or would result in statistical unreliability.
Also, permits aggregate data reporting, as specified.
AB 959
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5)Stipulates that the four state entities identified above may
use information voluntarily provided about sexual orientation
and gender identity only for demographic analysis,
coordination of care, quality improvement of services,
conducting approved research, fulfilling reporting
requirements, and guiding policy or funding decisions.
6)Makes it explicit that all information about sexual
orientation and gender identity collected pursuant to this
bill must be used only for purposes specified in this Act and
requires the four state entities identified above to come into
compliance with the provisions of this Act as soon as
possible, but no later than July 1, 2018.
7)Finds and declares that 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.
8)States legislative intent that the state departments
identified above 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. In addition, encourages the departments to urge
other entities to voluntary collect information pertaining to
sexual orientation and gender identity.
9)Contains various legislative findings and declarations
relative to the limited data available for Lesbian, Gay,
Bisexual, and Transgender (LGBT) communities and due to
historical systematic exclusion of data collection of LGBT
communities, significant disparities in their health and
welfare have been prolonged compared to the broader community.
Also, declares that it is in the best interests of the state
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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.
Background
State government agencies routinely collect demographic data on
race, ethnicity, gender, and disability on a wide variety of
state forms and surveys. The purpose of this data is to help
better understand disparities in underserved communities.
Current law only requires any state agency, board, or commission
that directly, or by contract, collects demographic data to
separate the collection of this data by major Asian groups. The
law is silent on demographic data collection based on sexual
orientation or gender identity.
Purpose of AB 959. According to the author's office, this bill
seeks to reduce health and well-being disparities for LGBT
communities by ensuring that sexual orientation and gender
identity data is collected on a statewide basis by key
government agencies that deal with health and human services.
The author's office states, "Due to the systematic 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 issues are more prevalent for youth and
seniors, communities of color, and transgender and undocumented
communities. Collecting voluntary data on sexual orientation
and gender identity is a necessary first step to understand the
extent to which LGBT communities are experiencing disparities
and whether government programs are effectively reaching LBGT
individuals in need of care and assistance."
The author's office emphasizes that the recent amendments are
intended to provide greater flexibility for the identified
departments in AB 959 to comply with the requirements of this
bill. In addition, certain provisions hold the identified
departments harmless if any future programmatic changes that
include meeting the requirements of this bill are rejected by
the federal government. Furthermore, certain other provisions
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hold the departments harmless in cases where the departments do
not collect the data themselves but instead receive their data
by other entities that collect the data directly.
Prior Legislation
SB 280 (Lieu, 2014) would have authorized, until January 1,
2015, the application form for insurance affordability program
coverage to include additional voluntary questions on sexual
orientation and gender identity or expression. Also, would have
required, effective January 1, 2016, the application form to
include voluntary questions regarding demographic data
categories, including race, ethnicity, primary language,
disability status, sexual orientation, gender identity or
expression and other categories recognized by the federal
Secretary of the Department of Health and Human Services. (Died
on Senate Appropriations Committee Suspense File)
AB 1208 (Pan, 2013) contained similar provisions to SB 280
(Lieu, 2014). (Vetoed by the Governor who stated, "the state
does not need to mandate these requirements in law as DHCS and
Covered California already have the authority to modify these
types of questions on the form, and they can work constructively
with stakeholders to decide what is necessary to change for 2015
and beyond.")
SB 416 (Kehoe, 2011) would have required the statewide Health
Interview Survey and the Behavioral Risk Factor Surveillance
System to include specified information related to sexual
orientation or gender identity. (Vetoed by the Governor who
stated, "what particular questions should be in these health
surveys is better handled by the current process, not the
Legislature or the Governor.")
AB 1878 (Lieu, 2010) would have required all California agency
forms that ask for demographic information to include sexual
orientation or gender identity. (Died on Assembly
Appropriations Suspense File)
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes
Local: No
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According to the Senate Appropriations Committee:
DHCS: Costs to implement this bill would not be significant.
Programming costs to add new fields into California Healthcare
Eligibility, Enrollment, and Retention System would be
approximately $170,000 (General Fund, federal funds, and/or
special funds).
DPH: One-time costs of approximately $165,000 (General Fund)
to make programming changes to Birth and Death Registration
systems; ongoing costs for Center for Health Statistics
Information related activities would be minor and absorbable;
one-time programming costs of approximately $160,000 (General
Fund) to update the Genetic Disease Screening Information
System; and, ongoing costs of approximately $105,000 (General
Fund) related to printing an enlarged form, but only some of
these ongoing costs can be attributed to this bill.
DSS: Significant one-time costs to the extent that county
welfare department information technology systems would need
programming changes to provide for the collection of sexual
orientation and gender identity information. (General Fund)
CDA: Minor and absorbable costs to implement this bill
however, there could be significant costs if certain systems
need to be updated to allow for this functionality. (General
Fund and/or federal funds)
SUPPORT: (Verified 9/8/15)
AIDS Legal Referral Panel
Alcohol Justice
American Civil Liberties Union of California
American Federation of State, County and Municipal Employees
Anti-Defamation League
Asian and Pacific Islander Wellness Center
California Council of Community Mental Health Agencies
California Immigrant Policy Center
California LGBT Health and Human Services Network
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California Pan-Ethnic Health Network
Compassionate Community Care
Equality California
Gay-Straight Alliance Network of California
Lavender Youth Recreation and Information Center
LGBTQ Center of Long Beach
Los Angeles LGBT Center
Lutheran Social Services of Northern California
Maitri AIDS Hospice
Meals on Wheels of San Francisco
Mental Health America of Northern California
National Center for Lesbian Rights
Native American Health Center
NorCal Mental Health America
Openhouse
Our Family Coalition
Queer LifeSpace
Rafiki Coalition for Health and Wellness
Rainbow Community Center of Contra Costa County
Sacramento LGBT Community Center
San Francisco Community Clinic Consortium
San Francisco Democratic Party
San Francisco Department of Aging and Adult Services
San Francisco Drug Users Union
San Francisco HIV/AIDS Provider Network
San Francisco LGBT Community Center
San Francisco Suicide Prevention's HIV/AIDS Nightline
Shanti Project
SteppingStone Adult Day Health
Trevor Project
UC San Francisco Center of Excellence for Transgender Health
UC San Francisco LGBT Resource Center
Westside Community Services AIDS Case Management & Home Care
Program
OPPOSITION: (Verified 9/8/15)
None received
ASSEMBLY FLOOR: 69-0, 6/1/15
AYES: Achadjian, Alejo, Baker, Bloom, Bonilla, Bonta, Brough,
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Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu,
Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier,
Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez,
Gonzalez, Gordon, Gray, Grove, Hadley, Roger Hernández,
Holden, Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,
Mullin, Nazarian, O'Donnell, Olsen, Perea, Quirk, Rendon,
Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark
Stone, Thurmond, Ting, Waldron, Weber, Wilk, Williams, Wood,
Atkins
NO VOTE RECORDED: Travis Allen, Bigelow, Dahle, Beth Gaines,
Gallagher, Harper, Jones, Melendez, Obernolte, Patterson,
Wagner
Prepared by:Arthur Terzakis / G.O. / (916) 651-1530
9/8/15 14:55:34
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