(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.

(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.

(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. 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 or whenever first updating forms, software, hardware, or information collection procedures, 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.

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

(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 to report, during the regular process of reporting of demographic data, the collected data and method used to collect the data annually to the Legislature. This bill would further require these state departments to 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. This bill would limit the use of the collected data, as specified. This bill would require these state departments to comply with these provisions as early as possible, but no later than July 1, 2017. 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 Information Practices Act of 1977 requires an agency to, among other things, maintain in its records only personal information, as defined, that is relevant and necessary for a required or authorized purpose. Existing law requires a department or agency to enact and maintain a permanent privacy policy in adherence with that act that includes, but is not limited to, specified principles. Existing law also requires a business that owns, licenses, or maintains personal information about a California resident to implement and maintain reasonable security procedures and practices appropriate to the nature of the information, and to protect the personal information from unauthorized access, destruction, use, modification, or disclosure.

This bill would declare it is the intent of the Legislature to enact legislation to effectively address the significant disparities that impact the lesbian, gay, bisexual, and transgender (LGBT) communities in regards to data collection.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 959

Author:(Chiu)

As Amended Ver:September 4, 2015

Majority vote

Original Committee Reference: A. & A.R.

SUMMARY: Requires 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, when collecting demographic data.

The Senate amendments:

1. Require state departments 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.

2. Add a provision ensuring the data collection duties and reporting requirements are consistent with federal law.

3. Require the identified state departments come into compliance with these provisions as early as possible.

4. Change the compliance date from July 1, 2017, to no later than July 1, 2018.

5. Add provisions allowing departments to protect the identity of individuals within small data sets by aggregating data as specified.

6. Provide an exemption for those departments and agencies that receive demographic data from third-party entities where the department or agency is not the sole funder.

7. Add legislative intent language urging state departments to collect 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.

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 (Government Code Section 8310.5)

FISCAL EFFECT: According to the Senate Appropriations Committee:

1. DHCS: This department indicates costs to update paper and online versions of the single streamline application (SSApp) would not be significant because the department is currently working with the federal government regarding the placement of sexual orientation and gender identity information on the SSApp. 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).

2. DPH: DPH administers two programs that would be impacted by this bill.

   1. Under its Center for Health Statistics and Information (CHSI), DPH estimates one-time costs of approximately $165,000 (General Fund) to make programming changes to Birth and Death Registration systems. Ongoing costs for CHSI-related activities would be minor and absorbable.

   2. Under its Genetic Disease Screening Program (GDSP), DPH estimates one-time programming costs of approximately $160,000 (General Fund) to update the Screening Information System. There would also be 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.

3. DSS: Unknown costs to DSS. The department was unable to provide information for purposes of this analysis. Staff estimates that there could be 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)

4. CDA: The CDA indicates minor and absorbable costs to implement this bill. CDA contracts with vendors for administering data systems require the vendors to make changes to the systems to meet federal and state requirements, at no additional cost to the state.

Analysis Prepared by: William Herms / A. & A.R. / (916) 319-3600 FN: 0002241

 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 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:
   
   

   1. Pursuant to federal programs or surveys, whereby the guidelines for demographic data collection categories are defined by the federal program or survey.
      
      

   2. 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.

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 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 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

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
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, 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

**** END ****

 THIRD READING  

Bill No: AB 959

Author: Chiu (D), et al.

Amended: 8/31/15 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.

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 not prohibited 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. 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.

3. 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.
   
   

4. 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.
   
   

5. 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.

6. 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.
   
   

7. 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.
   
   

8. 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 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 (August 31, 2015) 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.

Related/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

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 8/28/15)

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
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 8/28/15)

None received

ASSEMBLY FLOOR: 69-0, 6/1/15

AYES: Achadjian, Alejo, Baker, Bloom, Bonilla, Bonta, Brough, 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

8/31/15 16:31:06

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 959 (Chiu) - Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 27, 2015

Bill Summary:

AB 959 would require 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 January 1, 2018, when collecting demographic data.

Fiscal Impact:

• DHCS: This department indicates costs to update paper and online versions of the single streamline application (SSApp) would not be significant because the department is currently working with the federal government regarding the placement of sexual orientation and gender identity information on the SSApp.  Programming costs to add new fields into CalHEERS would be approximately $170,000 (General Fund, federal funds, and/or special funds).

• DPH: DPH administers two programs that would be impacted by the bill. 

  • Under its Center for Health Statistics and Information (CHSI), DPH estimates one-time costs of approximately $165,000 (General Fund) to make programming changes to Birth and Death Registration systems.  Ongoing costs for CHSI-related activities would be minor and absorbable.

  • Under its Genetic Disease Screening Program (GDSP), DPH estimates one-time programming costs of approximately $160,000 (General Fund) to update the Screening Information System.  There would also be 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: Unknown costs to DSS.  The department was unable to provide information for purposes of this analysis.  Staff estimates that there could be 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: The CDA indicates minor and absorbable costs to implement the bill. CDA contracts with vendors for administering data systems require the vendors to make changes to the systems to meet federal and state requirements, at no additional cost to the state. 

Author Amendments:

Amendments would delay the deadline for compliance by one year, to January 1, 2018, and make several clarifying changes.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 959 (Chiu) - Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 959 would require 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 January 1, 2017, when collecting demographic data.

Fiscal Impact:

• DHCS: This department indicates costs to implement the bill would be “indeterminate.” DHCS is currently engaged in dialogue with the federal Centers for Medicare and Medicaid Services (CMS) regarding the placement of sexual orientation and gender identity information on the paper and online single streamline application (SSApp). If CMS approves these efforts, costs to update the SSApp would not be attributable to this bill, but these costs would be accelerated as a result of the bill. In addition, staff estimates that DHCS could incur significant costs to modify various other databases and eligibility systems to provide for the collection of this information. (General Fund, federal funds, and/or special funds).
  
  

• DPH: DPH administers two programs that would be impacted by the bill.

  • Under its Center for Health Statistics and Information (CHSI), DPH estimates one-time costs of approximately $165,000 (General Fund) to make programming changes to Birth and Death Registration systems. Ongoing costs for CHSI-related activities would be minor and absorbable.

  • Under its Genetic Disease Screening Program (GDSP), DPH estimates one-time programming costs of approximately $160,000 (General Fund) to update the Screening Information System. There would also be 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. (see staff comments)
    
    

• DSS: Unknown costs to DSS. The department was unable to provide information for purposes of this analysis. Staff estimates that there could be 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: The CDA indicates minor and absorbable costs to implement the bill, but was unable to provide information about whether specified information technology systems related to federal aging programs have current functionality for collecting demographic information on sexual orientation and gender identity. There could be significant costs if these systems would need to be updated to allow for this functionality. (General Fund and/or federal funds)

Background:

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.

Proposed Law:

AB 959 would enact the Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act, requiring DHCS, DPH, DSS, and CDA to collect voluntary self-identification information pertaining to sexual orientation and gender identity in the course of collecting demographic data directly or by contract. These departments must also report the data collected, and the method used to collect the data, and make the data available to the public, excluding any personal identifying information, in accordance with federal law. The data collected may only be used for demographic analysis, coordination of care, quality improvement of services, conducting approved research, fulfilling reporting requirements, and guiding policy or funding decisions.

Related Legislation:

SB 280 (Lieu and Lara), which was held on this Committee’s Suspense File last year, would have authorized the application form for insurance affordability programs to include questions on sexual orientation and gender identity, and would have required the application to include voluntary questions regarding specified demographic information, including sexual orientation and gender identity or expression, as of January 1, 2016.

AB 1208 (Pan), which was vetoed by Governor Brown in 2013, contained similar provisions to SB 280. The veto message included the following statement:

We don't need to mandate these requirements in law. The Department of Health Care Services 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.

Staff Comments:

Department of Health Care Services: DHCS indicates that there will be “indeterminate General Fund costs” to implement this bill. In order to collect and report additional information on sexual orientation and gender identity, DHCS would need to modify the paper and online SSApp as well as various databases and eligibility systems, including the Medi-Cal Eligibility Data System, Medi-Cal Management Information System/Decision Support System and the Statewide Automated Welfare System. DHCS is currently in discussion with the federal CMS regarding the placement of sexual orientation and gender identity information for the SSApp.  If these efforts are approved by CMS, DHCS will incur costs that would not be attributable to this bill. These costs would be associated with the bill if CMS does not approve the changes. In addition, staff estimates that DHCS could incur significant costs to update the various other database and eligibility systems noted above, although DHCS was unable to provide information regarding these other systems.

Department of Public Health: The CHSI, within DPH and through the State Registrar, is responsible for registering each live birth, fetal death, death, and marriage that occurs in California, and for providing certified copies of vital records to the public.  Current law requires the State Registrar to permanently preserve vital records in a systematic manner, and to prepare and maintain a comprehensive and continuous index of all registered certificates. This bill would require DPH to make one-time programming changes to the Birth and Death Registration systems at a cost of about $165,000. Any ongoing costs to develop new worksheets and forms required for entering information into the database would be minor and absorbable.

DPH, through the Genetic Disease Screening Program (GDSP), produces the results of the statewide Newborn Screening Program, which provides testing for nearly all babies born in the state, and the Prenatal Screening Program, an optional program which is offered to pregnant women who are in prenatal care before the twentieth week of gestation. DPH indicates the bill would require programming changes to the Screening Information System at a one-time cost of approximately $160,000. In addition, DPH notes that it would incur ongoing costs of approximately $105,000 annually in printing costs related to larger forms required to accommodate additional fields for sexual orientation and gender identity, as well as additional races and ethnicities. Only some of these ongoing costs would be related to this bill.

Department of Social Services: The department was unable to provide information for purposes of this analysis. Staff estimates the bill could result in significant costs to update county welfare department information technology systems (known as SAWS) and to reprint paper applications to provide for the collection of sexual orientation and gender identity information.

Department of Aging: CDA indicates that it collects and reports demographic information from 33 local Area Agencies on Aging (AAA) that use National Aging Programs Information System, and each AAA has its own management information system unique to its service area. It is unclear whether these systems currently provide functionality for collection of demographic information on sexual orientation and gender identity. Staff estimates that the bill could result in significant costs to either update those systems to provide necessary functionality, or to create stand-alone methods for collecting this data, to the extent existing systems do not provide for collecting this information.

-- END --

SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION

Senator Isadore Hall, III

Chair

2015 - 2016 Regular

Bill No: AB 959 Hearing Date: 7/14/2015

SUBJECT: Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act

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, the Department of Public Health, the Department of Social Services, and the Department of Aging) to include the collection of sexual orientation and gender identity data in the course of their current demographic data collection efforts.

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 the Department of Health Care Services, the Department of Public Health, the Department of Social Services, and the Department of Aging, 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. 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.

3. 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.
   
   

4. 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.
   
   

5. Requires the four state entities identified above to comply with the provisions of this Act as soon as possible, but no later than July 1, 2017.

6. 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.
   
   

7. 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.
   
   

8. 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 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.”

Prior/Related Legislation

AB 532 (McCarty, 2015) requires any state agency, board, or commission that collects demographic data to provide forms that offer respondents the option of identifying as “multiracial” and selecting one or more ethnic or racial designations. (Pending in Senate Appropriations Committee)

AB 176 (Bonta, 2015) places certain requirements regarding the collection of demographic data, by the state's public segments of postsecondary education and by state health-related departments, pertaining to tabulation categories of Native Hawaiian, Asian, and Pacific Islander groups. (Pending in Senate policy committee)

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 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 1088 (Eng, Chapter 689, Statutes of 2011) required certain state agencies to collect and tabulate data for additional major Asian groups, as listed, in order to better reflect the diversity of Asian American, Hawaiian and Pacific Islander communities in California.

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)

AB 1281 (Portantino, 2009) would have enacted the California School Racial Equality Designation Act and required any state agency, board, or commission that directly, or by contract, collects demographic data on the race or ethnicity of pupils in any elementary or secondary school to provide written instructions for reporting racial information that specify that multiracial pupils may select 2 or more racial categories. (Vetoed – Governor’s message stated the California Department of Education has already put into place processes to update forms and instructions to accommodate the inclusion of multiracial students. Therefore, this bill is unnecessary.)

SB 26 (Simitian, 2007) would have enacted the “Ethnic Heritage Respect and Recognition Act of 2007” requiring any state entity that collects demographic data on the ancestry, ethnic origin, ethnicity, or race of Californians to provide forms that offer respondents the option of selecting one or more ethnic or racial designations. (Died in Assembly Appropriations)

SB 1615 (Simitian, 2006) would have enacted the “Ethnic Heritage Respect and Recognition Act” to require any state agency, board, or commission that directly or by contract collects demographic data, as soon as reasonably feasible and in no event later than January 1, 2014, to provide forms that offer respondents the option of selecting one more ethnic or racial designation according to specified federal standards. (Died in Senate Appropriations)

AB 2324 (Chan, 2004), among other things, would have required each state program directly involved in furnishing information to, or rendering services to, the public to collect data regarding the race, ethnicity, and primary language of all participants, on a voluntary basis. (Died in Assembly Appropriations)

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT:

AIDS Legal Referral Panel

Alcohol Justice

American Civil Liberties Union of California (ACLU)
American Federation of State, County, and Municipal Employees (AFSCME)
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
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:

None received

ASSEMBLY THIRD READING

ATR Bill Id:AB 959

Author:(Chiu)

As Amended Ver:March 26, 2015

Majority vote

SUMMARY: Requires certain 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. Specifically, this bill:

1. Applies only to the following state departments:

   1. The Department of Health Care Services;

   2. The Department of Public Health;

   3. The Department of Social Services; and,

   4. The Department of Aging.

2. Requires collected data to be reported to the Legislature during the regular process of reporting demographic data.

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. Requires the specified state departments to comply as soon as possible, but no later than July 1, 2017.

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 (Government Code Section 8310.5)

FISCAL EFFECT: According to the Assembly Appropriations Committee, minor costs to four state agencies to update forms and information collection procedures.

COMMENTS: 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. This bill would fill this gap in state-collected demographic data to include sexual orientation or gender identity data collection.

According to the author, the inclusion of this data collection would help to end the long-standing systematic discrimination towards lesbian, gay, bisexual and transgender (LGBT) communities. The author states that the lack of hard evidence on the health and well-being disparities impacting LGBT communities essentially keeps these individuals invisible to the state and hence excluded from government funding and services that address health disparities and the effects of stigma and discrimination.

The author 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. This bill requires the Departments of Health Care Services, Public Health, Aging and Social Services to include the collection of sexual orientation and gender identity data in the course of their current demographic data collection efforts.

This bill is intentionally non-specific about which programs or surveys currently conducted by each department should include sexual orientation and gender identity data to provide the departments the flexibility to implement its overall goal. It also explicitly emphasizes the need for privacy when collecting this data for the safety of those who voluntarily self-identify. The aggregated sexual orientation and gender identity data collected as a result of this bill would be reported to the Legislature and made publicly available.

Analysis Prepared by: William Herms / A. & A.R. / (916) 319-3600 FN: 0000536

Date of Hearing: May 27, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 959

Author:(Chiu) – As Amended Ver:March 26, 2015

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill would require the Departments of Health Care Services, Public Health, Aging and Social Services to include the collection of sexual orientation and gender identity data in the course of their current demographic data collection efforts. Specifically, this bill:

1. Requires collected data to be reported to the Legislature during the regular process of reporting demographic data.

2. 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.

3. Requires the specified state departments to comply as soon as possible, but no later than July 1, 2017.

FISCAL EFFECT:

Minor costs to four state agencies to update forms and information collection procedures.

COMMENTS:

1. Purpose. 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. According to the author, “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. Collecting voluntary date on SOGI 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.”

2. 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.

3. Related Legislation. AB 532 (McCarty), pending on the Assembly Floor, requires any state agency, board, or commission that collects demographic data to provide the option of identifying as multiracial and selecting one or more ethnic or racial designations.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: April 29, 2015

ASSEMBLY COMMITTEE ON ACCOUNTABILITY AND ADMINISTRATIVE REVIEW

Rudy Salas, Chair

ABPCA Bill Id:AB 959

Author:(Chiu) – As Amended Ver:March 26, 2015

SUBJECT: Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act

SUMMARY: Requires certain 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. Specifically, this bill:

1. Applies only to the following state departments:

   1. The Department of Health Care Services;

   2. The Department of Public Health;

   3. The Department of Social Services; and,

   4. The Department of Aging.

2. Requires collected data to be reported to the Legislature during the regular process of reporting demographic data.

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. Requires the specified state departments to comply as soon as possible, but no later than July 1, 2017.

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 (Government Code 8310.5)

FISCAL EFFECT: Unknown

COMMENTS: 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. This bill would fill this gap in state-collected demographic data to include sexual orientation or gender identity data collection.

According to the author, the inclusion of this data collection would help to end the long-standing systematic discrimination towards lesbian, gay, bisexual and transgender (LGBT) communities. The author states that the lack of hard evidence on the health and well-being disparities impacting LGBT communities essentially keeps these individuals invisible to the state and hence excluded from government funding and services that address health disparities and the effects of stigma and discrimination.

The author 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. This bill requires the Departments of Health Care Services, Public Health, Aging and Social Services to include the collection of sexual orientation and gender identity data in the course of their current demographic data collection efforts.

This bill is intentionally non-specific about which programs or surveys currently conducted by each department should include sexual orientation and gender identity data to provide the departments the flexibility to implement its overall goal. It also explicitly emphasizes the need for privacy when collecting this data for the safety of those who voluntarily self-identify. The aggregated sexual orientation and gender identity data collected as a result of this bill would be reported to the Legislature and made publicly available.

REGISTERED SUPPORT / OPPOSITION:

Support

Equality California (sponsor)

ACLU of California

American Federation of State, County and Municipal Employees, AFL-CIO

Asian & Pacific Islander Wellness Center

California Council of Community Mental Health Agencies

California Labor Federation

California LGBT Health & Human Services Network

California Pan-Ethnic Health Network

LGBTQ Center of Long Beach

Lutheran Social Services of Northern California

NorCal Mental Health America

Rainbow Community Center of Contra Costa County

San Francisco Drug Users Union

San Francisco HIV/AIDS Provider Network

San Francisco Suicide Prevention

University of California San Francisco LGBT Resource Center

Opposition

None on file

Analysis Prepared by: William Herms / A. & A.R. / (916) 319-3600