CA SB 957

Title: Data collection: sexual orientation and gender identity.
Author: Scott D. Wiener

Summary
SB 957, as introduced, Wiener. Data collection: sexual orientation and gender identity. (1) Existing law, the Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act, requires the State Department of Public Health, among other specified state entities, 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, gender identity, and intersexuality.Existing law, as an exception to the provision above, authorizes those state entities, instead of requiring them, to collect the demographic data under either of the following circumstances: (a) pursuant to federal programs or surveys, whereby the guidelines for demographic data collection categories are defined by the federal program or survey; or (b) demographic data are collected by other entities, including other state agencies, surveys administered by third-party entities and the state department is not the sole funder, or third-party entities that provide aggregated data to a state department.This bill, notwithstanding the exception above, would require the State Department of Public Health to collect the demographic data from third parties, including, but not limited to, local health jurisdictions, on any forms or electronic data systems, unless prohibited by federal or state law. To the extent that the bill would create new duties for local officials in facilitating the department’s data collection, the bill would impose a state-mandated local program. Existing law requires the above-described state entities to report to the Legislature the data collected and the method used to collect the data, and to make the data available to the public, except for personally identifiable information. Existing law deems that personally identifiable information confidential and prohibits it disclosure. Existing law sets forth different deadlines, depending on the specified state entity, for complying with those requirements.This bill would require the State Department of Public Health, for purposes of the data collected by the department on sexual orientation, gender identity, and intersexuality, to comply with the above-described requirements by July 1, 2026.(2) Existing law authorizes local health officers and the State Department of Public Health to operate immunization information systems. Existing law requires health care providers and other certain agencies, including schools and county human services agencies, to disclose specified immunization and other information about the patient or client to local health departments and the State Department of Public Health. Existing law authorizes local health departments and the State Department of Public Health to disclose most of that same information, as specified, to each other and to other entities. Existing law authorizes a patient or a patient’s parent or guardian to refuse to permit recordsharing, as specified.Under existing law, the information that is subject to disclosure under those provisions includes, among other things, certain data on immunizations received, the patient’s or client’s date of birth, race and ethnicity, and gender.This bill would add the patient’s or client’s sexual orientation and gender identity to the list of information subject to disclosure. The bill would make conforming changes to the above-described provisions on data sharing. By expanding the duties of local officials with regard to disclosing demographic information to certain entities, the bill would impose a state-mandated local program.(3) The bill would require the State Department of Public Health to prepare an annual report concerning sexual orientation and gender identity (SOGI) data collected by the department. The bill would require the department to annually post and make available the report on the department’s internet website, and to annually submit the report to the Legislature, exclu

Status
April 15 hearing: Placed on APPR suspense file.

Bill Documents
CA SB 957 - 01/22/24 - Introduced
01/22/24 - CA SB 957 (01/22/24 - Introduced)