| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Amended IN Assembly | |
| 1 | + | Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1186Introduced by Assembly Member PatelFebruary 21, 2025 An act to amend add Section 8310.8 of 8310.9.5 to the Government Code, relating to state government. LEGISLATIVE COUNSEL'S DIGESTAB 1186, as amended, Patel. Data collection: sexual orientation and gender identity. race and ethnicity: minimum categories.Existing law requires state agencies, boards, or commissions that directly or by contract collect demographic data on the ethnic origin, ethnicity, or race of Californians to use specified collection categories for Asian, Native Hawaiian, Pacific Islander, Black, and African American groups.This bill, subject to a specified exception, would require any state agency, board, or commission that directly or by contract collects demographic data on the ethnic origin, ethnicity, or race of Californians to collect data on at least the 7 minimum categories on race and ethnicity, as defined, as well as at least the top 6 largest detailed categories, as provided. The bill would require compliance with these provisions by January 1, 2029. The bill would require the Demographic Research Unit within the Department of Finance to oversee implementation of these provisions and provide technical assistance. The bill would also require, on or before January 1, 2027, and annually thereafter, each state agency, board, or commission required to comply with the bills provisions to submit a report to the Legislature and the Assembly Committee on Governmental Organization on compliance with these provisions, as provided. The bill would require data collected pursuant to this section to be made available to the public in accordance with state and federal law, except for personal identifying information, as specified.Existing law, the Lesbian, Gay, Bisexual, Transgender, and Intersex 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 variations in sex characteristics/intersex status.This bill would make a nonsubstantive change to the provision that names the act.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 8310.9.5 is added to the Government Code, to read:8310.9.5. (a) For the purposes of this section, the seven minimum categories on race and ethnicity means all of the following:(1) American Indian or Alaska Native.(2) Asian.(3) Black or African American.(4) Hispanic or Latino.(5) Middle Eastern or North African.(6) Native Hawaiian or Pacific Islander.(7) White.(b) (1) Subject to subdivision (c), any state agency, board, or commission that directly or by contract collects demographic data on the ethnic origin, ethnicity, or race of Californians shall collect data on at least the seven minimum categories on race and ethnicity.(2) For each of the seven minimum categories on race and ethnicity, an agency described in paragraph (1) shall collect and publish information on at least the top six largest detailed categories, in accordance with the federal Office of Management and Budgets Revised Statistical Policy Directive No. 15: Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity (SPD 15) as of March 29, 2024, for both print and online forms.(c) A data collection is exempt from the requirements of subdivision (b) if the burden on the agency outweighs the benefit to the public.(d) The requirements of subdivision (b) apply to administrative and survey data collections, including third-party and commercial data collections.(e) Each state agency, board, or commission required to comply with subdivision (b) shall comply with the requirements of this section as early as reasonably feasible, but no later than January 1, 2029.(f) The Demographic Research Unit within the Department of Finance shall oversee implementation of this section, including tracking progress, conducting evaluations, ensuring compliance, and providing technical assistance.(g) (1) On or before January 1, 2027, and annually thereafter, each state agency, board, or commission required to comply with subdivision (b) shall submit a report to the Legislature and the Assembly Committee on Governmental Organization on compliance with the requirements of this section, including all of the following:(A) The collection, analysis, and publication of data.(B) Existing and new data collection forms and instruments used by state agencies to collect demographic data.(C) Technical assistance efforts.(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.(h) Data collected pursuant to this section shall be made available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential.SECTION 1.Section 8310.8 of the Government Code is amended to read:8310.8.(a)(1)This section shall only apply to the following state entities:(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.(E)The State Department of Education and the Superintendent of Public Instruction, except this section shall not apply to the California Longitudinal Pupil Achievement Data System (CALPADS).(F)The Commission on Teacher Credentialing.(G)The Civil Rights Department.(H)The Labor and Workforce Development Agency.(I)The Department of Industrial Relations.(J)The Employment Training Panel.(K)The Employment Development Department, except this section shall not apply to the unemployment insurance program within the department.(L)The State Department of State Hospitals.(M)The Department of Rehabilitation.(N)The State Department of Developmental Services.(O)The Department of Community Services and Development.(2)This section shall be known as the Lesbian, Gay, Bisexual, Transgender, and Intersex Disparities Reduction Act.(b)(1)Except as specified in paragraph (2), in addition to the duties imposed by Section 8310.5 and to the extent permissible by federal law, the state entities 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, gender identity, and variations in sex characteristics/intersex status (SOGISC).(2)The state entities identified in subdivision (a) may, but are not required to, collect demographic data pursuant to this section under either of the following circumstances:(A)Pursuant to federal programs or surveys, whereby the guidelines for demographic data collection categories are defined by the federal program or survey.(B)Demographic data are collected by other entities including:(i)State offices, departments, and agencies not included in subdivision (a).(ii)Surveys administered by third-party entities and the state department is not the sole funder.(iii)Third-party entities, including, but not limited to, private employers, that provide aggregated data to a state department.(3)Notwithstanding paragraph (2), the State Department of Public Health shall collect demographic data pursuant to this section 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. This section does not require either of the following:(A)The State Department of Public Health to collect demographic data pursuant to this section from an individual under 18 years of age who is applying for, or participating in, the California Special Supplemental Nutrition Program for Women, Infants, and Children.(B)Health care providers or other third parties to collect, disclose, or report information that is not voluntarily provided self-identification information pertaining to SOGISC.(c)(1)The state entities identified in subdivision (a) shall report to the Legislature the data collected pursuant to this section and the method used to collect those data, and make the data available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential and shall not be disclosed.(2)The state entities identified in subdivision (a) shall not report demographic data that would permit identification of individuals or would result in statistical unreliability. Demographic reports on data collected pursuant to this section, to prevent identification of individuals, may aggregate categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities.(3)The state entities identified in subdivision (a) may use information voluntarily provided about SOGISC 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 SOGISC collected pursuant to this section shall be used only for purposes specified in this section.(d)(1)The state entities identified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (a) shall comply with the requirements of this section as early as possible following the effective date of this section, but no later than July 1, 2018, except as specified in paragraph (2).(2)For purposes of data collected pursuant to paragraph (3) of subdivision (b), the State Department of Public Health shall comply with the requirements of this section as early as possible but no later than March 28, 2029.(e)The state entities identified in subparagraphs (E) to (K), inclusive, of paragraph (1) of subdivision (a) shall comply with the requirements of this section as early as possible following the effective date of this section, but no later than July 1, 2019.(f)The state entities identified in subparagraphs (L) to (O), inclusive, of paragraph (1) of subdivision (a) shall comply with the requirements of this section as early as possible following January 1, 2025, but no later than July 1, 2026. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1186Introduced by Assembly Member PatelFebruary 21, 2025 An act to amend add Section 8310.8 of 8310.9.5 to the Government Code, relating to state government. LEGISLATIVE COUNSEL'S DIGESTAB 1186, as amended, Patel. Data collection: sexual orientation and gender identity. race and ethnicity: minimum categories.Existing law requires state agencies, boards, or commissions that directly or by contract collect demographic data on the ethnic origin, ethnicity, or race of Californians to use specified collection categories for Asian, Native Hawaiian, Pacific Islander, Black, and African American groups.This bill, subject to a specified exception, would require any state agency, board, or commission that directly or by contract collects demographic data on the ethnic origin, ethnicity, or race of Californians to collect data on at least the 7 minimum categories on race and ethnicity, as defined, as well as at least the top 6 largest detailed categories, as provided. The bill would require compliance with these provisions by January 1, 2029. The bill would require the Demographic Research Unit within the Department of Finance to oversee implementation of these provisions and provide technical assistance. The bill would also require, on or before January 1, 2027, and annually thereafter, each state agency, board, or commission required to comply with the bills provisions to submit a report to the Legislature and the Assembly Committee on Governmental Organization on compliance with these provisions, as provided. The bill would require data collected pursuant to this section to be made available to the public in accordance with state and federal law, except for personal identifying information, as specified.Existing law, the Lesbian, Gay, Bisexual, Transgender, and Intersex 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 variations in sex characteristics/intersex status.This bill would make a nonsubstantive change to the provision that names the act.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 24, 2025 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 03, 2025 | |
| 8 | 7 | Amended IN Assembly March 24, 2025 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 1186 | |
| 15 | 14 | ||
| 16 | - | Introduced by Assembly Member | |
| 15 | + | Introduced by Assembly Member PatelFebruary 21, 2025 | |
| 17 | 16 | ||
| 18 | - | Introduced by Assembly Member Patel | |
| 17 | + | Introduced by Assembly Member Patel | |
| 19 | 18 | February 21, 2025 | |
| 20 | 19 | ||
| 21 | - | An act to add Section | |
| 20 | + | An act to amend add Section 8310.8 of 8310.9.5 to the Government Code, relating to state government. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | - | AB 1186, as amended, Patel. Data collection: race and ethnicity: minimum categories. | |
| 26 | + | AB 1186, as amended, Patel. Data collection: sexual orientation and gender identity. race and ethnicity: minimum categories. | |
| 28 | 27 | ||
| 29 | - | Existing law requires state agencies, boards, or commissions that directly or by contract collect demographic data on the ethnic origin, ethnicity, or race of Californians to use specified collection categories for Asian, Native Hawaiian, Pacific Islander, Black, and African American groups | |
| 28 | + | Existing law requires state agencies, boards, or commissions that directly or by contract collect demographic data on the ethnic origin, ethnicity, or race of Californians to use specified collection categories for Asian, Native Hawaiian, Pacific Islander, Black, and African American groups.This bill, subject to a specified exception, would require any state agency, board, or commission that directly or by contract collects demographic data on the ethnic origin, ethnicity, or race of Californians to collect data on at least the 7 minimum categories on race and ethnicity, as defined, as well as at least the top 6 largest detailed categories, as provided. The bill would require compliance with these provisions by January 1, 2029. The bill would require the Demographic Research Unit within the Department of Finance to oversee implementation of these provisions and provide technical assistance. The bill would also require, on or before January 1, 2027, and annually thereafter, each state agency, board, or commission required to comply with the bills provisions to submit a report to the Legislature and the Assembly Committee on Governmental Organization on compliance with these provisions, as provided. The bill would require data collected pursuant to this section to be made available to the public in accordance with state and federal law, except for personal identifying information, as specified.Existing law, the Lesbian, Gay, Bisexual, Transgender, and Intersex 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 variations in sex characteristics/intersex status.This bill would make a nonsubstantive change to the provision that names the act. | |
| 30 | 29 | ||
| 31 | 30 | Existing law requires state agencies, boards, or commissions that directly or by contract collect demographic data on the ethnic origin, ethnicity, or race of Californians to use specified collection categories for Asian, Native Hawaiian, Pacific Islander, Black, and African American groups. | |
| 32 | 31 | ||
| 33 | - | ||
| 32 | + | This bill, subject to a specified exception, would require any state agency, board, or commission that directly or by contract collects demographic data on the ethnic origin, ethnicity, or race of Californians to collect data on at least the 7 minimum categories on race and ethnicity, as defined, as well as at least the top 6 largest detailed categories, as provided. The bill would require compliance with these provisions by January 1, 2029. The bill would require the Demographic Research Unit within the Department of Finance to oversee implementation of these provisions and provide technical assistance. The bill would also require, on or before January 1, 2027, and annually thereafter, each state agency, board, or commission required to comply with the bills provisions to submit a report to the Legislature and the Assembly Committee on Governmental Organization on compliance with these provisions, as provided. The bill would require data collected pursuant to this section to be made available to the public in accordance with state and federal law, except for personal identifying information, as specified. | |
| 34 | 33 | ||
| 35 | - | ||
| 34 | + | Existing law, the Lesbian, Gay, Bisexual, Transgender, and Intersex 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 variations in sex characteristics/intersex status. | |
| 36 | 35 | ||
| 37 | - | The bill would establish, within the Demographic Research Unit, the position of the Chief Statistician of California, who would be required to, among other things, standardize collection of demographic data across state agencies, as provided. The bill would require the Chief Statistician of California and the Demographic Research Unit within the Department of Finance to oversee implementation of these provisions and provide technical assistance. The | |
| 38 | 36 | ||
| 39 | - | The bill would also require, on or before January 1, 2027, and annually thereafter, each state agency, board, or commission required to comply with the bills provisions to submit a report to the Legislature and the Assembly Committee on Governmental Organization on compliance with these provisions, as provided. The bill would require data collected pursuant to this section to be made available to the public in accordance with state and federal law, except for personal identifying information, as specified. The bill would prohibit an agency from disclosing personal identifying information to any federal agency unless the disclosure is expressly required by federal law. | |
| 37 | + | ||
| 38 | + | This bill would make a nonsubstantive change to the provision that names the act. | |
| 39 | + | ||
| 40 | + | ||
| 40 | 41 | ||
| 41 | 42 | ## Digest Key | |
| 42 | 43 | ||
| 43 | 44 | ## Bill Text | |
| 44 | 45 | ||
| 45 | - | The people of the State of California do enact as follows:SECTION 1 | |
| 46 | + | The people of the State of California do enact as follows:SECTION 1. Section 8310.9.5 is added to the Government Code, to read:8310.9.5. (a) For the purposes of this section, the seven minimum categories on race and ethnicity means all of the following:(1) American Indian or Alaska Native.(2) Asian.(3) Black or African American.(4) Hispanic or Latino.(5) Middle Eastern or North African.(6) Native Hawaiian or Pacific Islander.(7) White.(b) (1) Subject to subdivision (c), any state agency, board, or commission that directly or by contract collects demographic data on the ethnic origin, ethnicity, or race of Californians shall collect data on at least the seven minimum categories on race and ethnicity.(2) For each of the seven minimum categories on race and ethnicity, an agency described in paragraph (1) shall collect and publish information on at least the top six largest detailed categories, in accordance with the federal Office of Management and Budgets Revised Statistical Policy Directive No. 15: Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity (SPD 15) as of March 29, 2024, for both print and online forms.(c) A data collection is exempt from the requirements of subdivision (b) if the burden on the agency outweighs the benefit to the public.(d) The requirements of subdivision (b) apply to administrative and survey data collections, including third-party and commercial data collections.(e) Each state agency, board, or commission required to comply with subdivision (b) shall comply with the requirements of this section as early as reasonably feasible, but no later than January 1, 2029.(f) The Demographic Research Unit within the Department of Finance shall oversee implementation of this section, including tracking progress, conducting evaluations, ensuring compliance, and providing technical assistance.(g) (1) On or before January 1, 2027, and annually thereafter, each state agency, board, or commission required to comply with subdivision (b) shall submit a report to the Legislature and the Assembly Committee on Governmental Organization on compliance with the requirements of this section, including all of the following:(A) The collection, analysis, and publication of data.(B) Existing and new data collection forms and instruments used by state agencies to collect demographic data.(C) Technical assistance efforts.(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.(h) Data collected pursuant to this section shall be made available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential.SECTION 1.Section 8310.8 of the Government Code is amended to read:8310.8.(a)(1)This section shall only apply to the following state entities:(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.(E)The State Department of Education and the Superintendent of Public Instruction, except this section shall not apply to the California Longitudinal Pupil Achievement Data System (CALPADS).(F)The Commission on Teacher Credentialing.(G)The Civil Rights Department.(H)The Labor and Workforce Development Agency.(I)The Department of Industrial Relations.(J)The Employment Training Panel.(K)The Employment Development Department, except this section shall not apply to the unemployment insurance program within the department.(L)The State Department of State Hospitals.(M)The Department of Rehabilitation.(N)The State Department of Developmental Services.(O)The Department of Community Services and Development.(2)This section shall be known as the Lesbian, Gay, Bisexual, Transgender, and Intersex Disparities Reduction Act.(b)(1)Except as specified in paragraph (2), in addition to the duties imposed by Section 8310.5 and to the extent permissible by federal law, the state entities 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, gender identity, and variations in sex characteristics/intersex status (SOGISC).(2)The state entities identified in subdivision (a) may, but are not required to, collect demographic data pursuant to this section under either of the following circumstances:(A)Pursuant to federal programs or surveys, whereby the guidelines for demographic data collection categories are defined by the federal program or survey.(B)Demographic data are collected by other entities including:(i)State offices, departments, and agencies not included in subdivision (a).(ii)Surveys administered by third-party entities and the state department is not the sole funder.(iii)Third-party entities, including, but not limited to, private employers, that provide aggregated data to a state department.(3)Notwithstanding paragraph (2), the State Department of Public Health shall collect demographic data pursuant to this section 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. This section does not require either of the following:(A)The State Department of Public Health to collect demographic data pursuant to this section from an individual under 18 years of age who is applying for, or participating in, the California Special Supplemental Nutrition Program for Women, Infants, and Children.(B)Health care providers or other third parties to collect, disclose, or report information that is not voluntarily provided self-identification information pertaining to SOGISC.(c)(1)The state entities identified in subdivision (a) shall report to the Legislature the data collected pursuant to this section and the method used to collect those data, and make the data available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential and shall not be disclosed.(2)The state entities identified in subdivision (a) shall not report demographic data that would permit identification of individuals or would result in statistical unreliability. Demographic reports on data collected pursuant to this section, to prevent identification of individuals, may aggregate categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities.(3)The state entities identified in subdivision (a) may use information voluntarily provided about SOGISC 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 SOGISC collected pursuant to this section shall be used only for purposes specified in this section.(d)(1)The state entities identified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (a) shall comply with the requirements of this section as early as possible following the effective date of this section, but no later than July 1, 2018, except as specified in paragraph (2).(2)For purposes of data collected pursuant to paragraph (3) of subdivision (b), the State Department of Public Health shall comply with the requirements of this section as early as possible but no later than March 28, 2029.(e)The state entities identified in subparagraphs (E) to (K), inclusive, of paragraph (1) of subdivision (a) shall comply with the requirements of this section as early as possible following the effective date of this section, but no later than July 1, 2019.(f)The state entities identified in subparagraphs (L) to (O), inclusive, of paragraph (1) of subdivision (a) shall comply with the requirements of this section as early as possible following January 1, 2025, but no later than July 1, 2026. | |
| 46 | 47 | ||
| 47 | 48 | The people of the State of California do enact as follows: | |
| 48 | 49 | ||
| 49 | 50 | ## The people of the State of California do enact as follows: | |
| 50 | 51 | ||
| 51 | - | SECTION 1. This | |
| 52 | + | SECTION 1. Section 8310.9.5 is added to the Government Code, to read:8310.9.5. (a) For the purposes of this section, the seven minimum categories on race and ethnicity means all of the following:(1) American Indian or Alaska Native.(2) Asian.(3) Black or African American.(4) Hispanic or Latino.(5) Middle Eastern or North African.(6) Native Hawaiian or Pacific Islander.(7) White.(b) (1) Subject to subdivision (c), any state agency, board, or commission that directly or by contract collects demographic data on the ethnic origin, ethnicity, or race of Californians shall collect data on at least the seven minimum categories on race and ethnicity.(2) For each of the seven minimum categories on race and ethnicity, an agency described in paragraph (1) shall collect and publish information on at least the top six largest detailed categories, in accordance with the federal Office of Management and Budgets Revised Statistical Policy Directive No. 15: Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity (SPD 15) as of March 29, 2024, for both print and online forms.(c) A data collection is exempt from the requirements of subdivision (b) if the burden on the agency outweighs the benefit to the public.(d) The requirements of subdivision (b) apply to administrative and survey data collections, including third-party and commercial data collections.(e) Each state agency, board, or commission required to comply with subdivision (b) shall comply with the requirements of this section as early as reasonably feasible, but no later than January 1, 2029.(f) The Demographic Research Unit within the Department of Finance shall oversee implementation of this section, including tracking progress, conducting evaluations, ensuring compliance, and providing technical assistance.(g) (1) On or before January 1, 2027, and annually thereafter, each state agency, board, or commission required to comply with subdivision (b) shall submit a report to the Legislature and the Assembly Committee on Governmental Organization on compliance with the requirements of this section, including all of the following:(A) The collection, analysis, and publication of data.(B) Existing and new data collection forms and instruments used by state agencies to collect demographic data.(C) Technical assistance efforts.(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.(h) Data collected pursuant to this section shall be made available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential. | |
| 52 | 53 | ||
| 53 | - | SECTION 1. This act shall be known, and may be cited, as The California Reliable and Accurate Data Infrastructure Act. | |
| 54 | - | ||
| 55 | - | SECTION 1. This act shall be known, and may be cited, as The California Reliable and Accurate Data Infrastructure Act. | |
| 54 | + | SECTION 1. Section 8310.9.5 is added to the Government Code, to read: | |
| 56 | 55 | ||
| 57 | 56 | ### SECTION 1. | |
| 58 | 57 | ||
| 59 | - | ||
| 58 | + | 8310.9.5. (a) For the purposes of this section, the seven minimum categories on race and ethnicity means all of the following:(1) American Indian or Alaska Native.(2) Asian.(3) Black or African American.(4) Hispanic or Latino.(5) Middle Eastern or North African.(6) Native Hawaiian or Pacific Islander.(7) White.(b) (1) Subject to subdivision (c), any state agency, board, or commission that directly or by contract collects demographic data on the ethnic origin, ethnicity, or race of Californians shall collect data on at least the seven minimum categories on race and ethnicity.(2) For each of the seven minimum categories on race and ethnicity, an agency described in paragraph (1) shall collect and publish information on at least the top six largest detailed categories, in accordance with the federal Office of Management and Budgets Revised Statistical Policy Directive No. 15: Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity (SPD 15) as of March 29, 2024, for both print and online forms.(c) A data collection is exempt from the requirements of subdivision (b) if the burden on the agency outweighs the benefit to the public.(d) The requirements of subdivision (b) apply to administrative and survey data collections, including third-party and commercial data collections.(e) Each state agency, board, or commission required to comply with subdivision (b) shall comply with the requirements of this section as early as reasonably feasible, but no later than January 1, 2029.(f) The Demographic Research Unit within the Department of Finance shall oversee implementation of this section, including tracking progress, conducting evaluations, ensuring compliance, and providing technical assistance.(g) (1) On or before January 1, 2027, and annually thereafter, each state agency, board, or commission required to comply with subdivision (b) shall submit a report to the Legislature and the Assembly Committee on Governmental Organization on compliance with the requirements of this section, including all of the following:(A) The collection, analysis, and publication of data.(B) Existing and new data collection forms and instruments used by state agencies to collect demographic data.(C) Technical assistance efforts.(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.(h) Data collected pursuant to this section shall be made available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential. | |
| 60 | 59 | ||
| 61 | - | ||
| 60 | + | 8310.9.5. (a) For the purposes of this section, the seven minimum categories on race and ethnicity means all of the following:(1) American Indian or Alaska Native.(2) Asian.(3) Black or African American.(4) Hispanic or Latino.(5) Middle Eastern or North African.(6) Native Hawaiian or Pacific Islander.(7) White.(b) (1) Subject to subdivision (c), any state agency, board, or commission that directly or by contract collects demographic data on the ethnic origin, ethnicity, or race of Californians shall collect data on at least the seven minimum categories on race and ethnicity.(2) For each of the seven minimum categories on race and ethnicity, an agency described in paragraph (1) shall collect and publish information on at least the top six largest detailed categories, in accordance with the federal Office of Management and Budgets Revised Statistical Policy Directive No. 15: Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity (SPD 15) as of March 29, 2024, for both print and online forms.(c) A data collection is exempt from the requirements of subdivision (b) if the burden on the agency outweighs the benefit to the public.(d) The requirements of subdivision (b) apply to administrative and survey data collections, including third-party and commercial data collections.(e) Each state agency, board, or commission required to comply with subdivision (b) shall comply with the requirements of this section as early as reasonably feasible, but no later than January 1, 2029.(f) The Demographic Research Unit within the Department of Finance shall oversee implementation of this section, including tracking progress, conducting evaluations, ensuring compliance, and providing technical assistance.(g) (1) On or before January 1, 2027, and annually thereafter, each state agency, board, or commission required to comply with subdivision (b) shall submit a report to the Legislature and the Assembly Committee on Governmental Organization on compliance with the requirements of this section, including all of the following:(A) The collection, analysis, and publication of data.(B) Existing and new data collection forms and instruments used by state agencies to collect demographic data.(C) Technical assistance efforts.(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.(h) Data collected pursuant to this section shall be made available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential. | |
| 62 | 61 | ||
| 63 | - | ### SECTION 1.SEC. 2. | |
| 64 | - | ||
| 65 | - | 8310.9.5. (a) For the purposes of this section, the seven minimum minimum categories on race and ethnicity means all of the following:(1) American Indian or Alaska Native.(2) Asian.(3) Black or African American.(4) Hispanic or Latino.(5) Middle Eastern or North African.(6) Native Hawaiian or Pacific Islander.(7) White.(b) (1) Subject to subdivision (c), any state agency, board, or commission that directly or by contract collects demographic data on the ethnic origin, ethnicity, or race of Californians shall collect data on at least the seven minimum categories on race and ethnicity.(2) For each of the seven minimum categories on race and ethnicity, an agency described in paragraph (1) shall collect and publish information on at least the top six nine largest detailed categories, in accordance with the federal Office of Management and Budgets Revised Statistical Policy Directive No. 15: Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity (SPD 15) as of March 29, 2024, for both print and online forms.(3) An agency described in paragraph (1) shall provide both of the following options for respondents when conducting demographic data collection:(A) A write-in option for respondents who do not identify with any listed detailed category.(B) A write-in option within each category to allow for additional self-identification.(c) A data collection is exempt from the requirements of subdivision (b) if the burden on the agency outweighs the benefit to the public.(d) The Demographic Research Unit within the Department of Finance may exempt a data collection from the requirements of subdivision (b) only if the relevant agency responsible for the data collection makes a written determination, supported by substantial evidence, that the administrative burden on the agency for collecting and publishing information on a particular category outweighs the anticipated benefit to the affected population group.(d)(e) The requirements of subdivision (b) apply to administrative and survey data collections, including third-party and commercial data collections. collections, for the purpose of contracts, partnerships, and agreements involving state agencies.(e)(f) Each state agency, board, or commission required to comply with subdivision (b) shall comply with the requirements of this section as early as reasonably feasible, but no later than January 1, 2029.(f)(g) The Chief Statistician of California and the Demographic Research Unit within the Department of Finance shall oversee implementation of this section, including tracking progress, conducting evaluations, ensuring compliance, and providing technical assistance.(g)(h) (1) On or before January 1, 2027, and annually thereafter, each state agency, board, or commission required to comply with subdivision (b) shall submit a report to the Legislature and the Assembly Committee on Governmental Organization on compliance with the requirements of this section, including all of the following:(A) The collection, analysis, and publication of data.(B) Existing and new data collection forms and instruments used by state agencies to collect demographic data.(C) Technical assistance efforts.(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.(h)(i) (1) Data collected pursuant to this section shall be made available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential.(2) A state agency shall not disclose personally identifying information collected from individuals to any federal agency unless the disclosure is expressly required by federal law. | |
| 66 | - | ||
| 67 | - | 8310.9.5. (a) For the purposes of this section, the seven minimum minimum categories on race and ethnicity means all of the following:(1) American Indian or Alaska Native.(2) Asian.(3) Black or African American.(4) Hispanic or Latino.(5) Middle Eastern or North African.(6) Native Hawaiian or Pacific Islander.(7) White.(b) (1) Subject to subdivision (c), any state agency, board, or commission that directly or by contract collects demographic data on the ethnic origin, ethnicity, or race of Californians shall collect data on at least the seven minimum categories on race and ethnicity.(2) For each of the seven minimum categories on race and ethnicity, an agency described in paragraph (1) shall collect and publish information on at least the top six nine largest detailed categories, in accordance with the federal Office of Management and Budgets Revised Statistical Policy Directive No. 15: Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity (SPD 15) as of March 29, 2024, for both print and online forms.(3) An agency described in paragraph (1) shall provide both of the following options for respondents when conducting demographic data collection:(A) A write-in option for respondents who do not identify with any listed detailed category.(B) A write-in option within each category to allow for additional self-identification.(c) A data collection is exempt from the requirements of subdivision (b) if the burden on the agency outweighs the benefit to the public.(d) The Demographic Research Unit within the Department of Finance may exempt a data collection from the requirements of subdivision (b) only if the relevant agency responsible for the data collection makes a written determination, supported by substantial evidence, that the administrative burden on the agency for collecting and publishing information on a particular category outweighs the anticipated benefit to the affected population group.(d)(e) The requirements of subdivision (b) apply to administrative and survey data collections, including third-party and commercial data collections. collections, for the purpose of contracts, partnerships, and agreements involving state agencies.(e)(f) Each state agency, board, or commission required to comply with subdivision (b) shall comply with the requirements of this section as early as reasonably feasible, but no later than January 1, 2029.(f)(g) The Chief Statistician of California and the Demographic Research Unit within the Department of Finance shall oversee implementation of this section, including tracking progress, conducting evaluations, ensuring compliance, and providing technical assistance.(g)(h) (1) On or before January 1, 2027, and annually thereafter, each state agency, board, or commission required to comply with subdivision (b) shall submit a report to the Legislature and the Assembly Committee on Governmental Organization on compliance with the requirements of this section, including all of the following:(A) The collection, analysis, and publication of data.(B) Existing and new data collection forms and instruments used by state agencies to collect demographic data.(C) Technical assistance efforts.(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.(h)(i) (1) Data collected pursuant to this section shall be made available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential.(2) A state agency shall not disclose personally identifying information collected from individuals to any federal agency unless the disclosure is expressly required by federal law. | |
| 68 | - | ||
| 69 | - | 8310.9.5. (a) For the purposes of this section, the seven minimum minimum categories on race and ethnicity means all of the following:(1) American Indian or Alaska Native.(2) Asian.(3) Black or African American.(4) Hispanic or Latino.(5) Middle Eastern or North African.(6) Native Hawaiian or Pacific Islander.(7) White.(b) (1) Subject to subdivision (c), any state agency, board, or commission that directly or by contract collects demographic data on the ethnic origin, ethnicity, or race of Californians shall collect data on at least the seven minimum categories on race and ethnicity.(2) For each of the seven minimum categories on race and ethnicity, an agency described in paragraph (1) shall collect and publish information on at least the top six nine largest detailed categories, in accordance with the federal Office of Management and Budgets Revised Statistical Policy Directive No. 15: Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity (SPD 15) as of March 29, 2024, for both print and online forms.(3) An agency described in paragraph (1) shall provide both of the following options for respondents when conducting demographic data collection:(A) A write-in option for respondents who do not identify with any listed detailed category.(B) A write-in option within each category to allow for additional self-identification.(c) A data collection is exempt from the requirements of subdivision (b) if the burden on the agency outweighs the benefit to the public.(d) The Demographic Research Unit within the Department of Finance may exempt a data collection from the requirements of subdivision (b) only if the relevant agency responsible for the data collection makes a written determination, supported by substantial evidence, that the administrative burden on the agency for collecting and publishing information on a particular category outweighs the anticipated benefit to the affected population group.(d)(e) The requirements of subdivision (b) apply to administrative and survey data collections, including third-party and commercial data collections. collections, for the purpose of contracts, partnerships, and agreements involving state agencies.(e)(f) Each state agency, board, or commission required to comply with subdivision (b) shall comply with the requirements of this section as early as reasonably feasible, but no later than January 1, 2029.(f)(g) The Chief Statistician of California and the Demographic Research Unit within the Department of Finance shall oversee implementation of this section, including tracking progress, conducting evaluations, ensuring compliance, and providing technical assistance.(g)(h) (1) On or before January 1, 2027, and annually thereafter, each state agency, board, or commission required to comply with subdivision (b) shall submit a report to the Legislature and the Assembly Committee on Governmental Organization on compliance with the requirements of this section, including all of the following:(A) The collection, analysis, and publication of data.(B) Existing and new data collection forms and instruments used by state agencies to collect demographic data.(C) Technical assistance efforts.(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.(h)(i) (1) Data collected pursuant to this section shall be made available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential.(2) A state agency shall not disclose personally identifying information collected from individuals to any federal agency unless the disclosure is expressly required by federal law. | |
| 62 | + | 8310.9.5. (a) For the purposes of this section, the seven minimum categories on race and ethnicity means all of the following:(1) American Indian or Alaska Native.(2) Asian.(3) Black or African American.(4) Hispanic or Latino.(5) Middle Eastern or North African.(6) Native Hawaiian or Pacific Islander.(7) White.(b) (1) Subject to subdivision (c), any state agency, board, or commission that directly or by contract collects demographic data on the ethnic origin, ethnicity, or race of Californians shall collect data on at least the seven minimum categories on race and ethnicity.(2) For each of the seven minimum categories on race and ethnicity, an agency described in paragraph (1) shall collect and publish information on at least the top six largest detailed categories, in accordance with the federal Office of Management and Budgets Revised Statistical Policy Directive No. 15: Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity (SPD 15) as of March 29, 2024, for both print and online forms.(c) A data collection is exempt from the requirements of subdivision (b) if the burden on the agency outweighs the benefit to the public.(d) The requirements of subdivision (b) apply to administrative and survey data collections, including third-party and commercial data collections.(e) Each state agency, board, or commission required to comply with subdivision (b) shall comply with the requirements of this section as early as reasonably feasible, but no later than January 1, 2029.(f) The Demographic Research Unit within the Department of Finance shall oversee implementation of this section, including tracking progress, conducting evaluations, ensuring compliance, and providing technical assistance.(g) (1) On or before January 1, 2027, and annually thereafter, each state agency, board, or commission required to comply with subdivision (b) shall submit a report to the Legislature and the Assembly Committee on Governmental Organization on compliance with the requirements of this section, including all of the following:(A) The collection, analysis, and publication of data.(B) Existing and new data collection forms and instruments used by state agencies to collect demographic data.(C) Technical assistance efforts.(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.(h) Data collected pursuant to this section shall be made available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential. | |
| 70 | 63 | ||
| 71 | 64 | ||
| 72 | 65 | ||
| 73 | - | 8310.9.5. (a) For the purposes of this section, the seven minimum | |
| 66 | + | 8310.9.5. (a) For the purposes of this section, the seven minimum categories on race and ethnicity means all of the following: | |
| 74 | 67 | ||
| 75 | 68 | (1) American Indian or Alaska Native. | |
| 76 | 69 | ||
| 77 | 70 | (2) Asian. | |
| 78 | 71 | ||
| 79 | 72 | (3) Black or African American. | |
| 80 | 73 | ||
| 81 | 74 | (4) Hispanic or Latino. | |
| 82 | 75 | ||
| 83 | 76 | (5) Middle Eastern or North African. | |
| 84 | 77 | ||
| 85 | 78 | (6) Native Hawaiian or Pacific Islander. | |
| 86 | 79 | ||
| 87 | 80 | (7) White. | |
| 88 | 81 | ||
| 89 | 82 | (b) (1) Subject to subdivision (c), any state agency, board, or commission that directly or by contract collects demographic data on the ethnic origin, ethnicity, or race of Californians shall collect data on at least the seven minimum categories on race and ethnicity. | |
| 90 | 83 | ||
| 91 | - | (2) For each of the seven minimum categories on race and ethnicity, an agency described in paragraph (1) shall collect and publish information on at least the top six nine largest detailed categories, in accordance with the federal Office of Management and Budgets Revised Statistical Policy Directive No. 15: Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity (SPD 15) as of March 29, 2024, for both print and online forms. | |
| 92 | - | ||
| 93 | - | (3) An agency described in paragraph (1) shall provide both of the following options for respondents when conducting demographic data collection: | |
| 94 | - | ||
| 95 | - | (A) A write-in option for respondents who do not identify with any listed detailed category. | |
| 96 | - | ||
| 97 | - | (B) A write-in option within each category to allow for additional self-identification. | |
| 84 | + | (2) For each of the seven minimum categories on race and ethnicity, an agency described in paragraph (1) shall collect and publish information on at least the top six largest detailed categories, in accordance with the federal Office of Management and Budgets Revised Statistical Policy Directive No. 15: Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity (SPD 15) as of March 29, 2024, for both print and online forms. | |
| 98 | 85 | ||
| 99 | 86 | (c) A data collection is exempt from the requirements of subdivision (b) if the burden on the agency outweighs the benefit to the public. | |
| 100 | 87 | ||
| 101 | - | (d) | |
| 88 | + | (d) The requirements of subdivision (b) apply to administrative and survey data collections, including third-party and commercial data collections. | |
| 102 | 89 | ||
| 103 | - | ( | |
| 90 | + | (e) Each state agency, board, or commission required to comply with subdivision (b) shall comply with the requirements of this section as early as reasonably feasible, but no later than January 1, 2029. | |
| 104 | 91 | ||
| 92 | + | (f) The Demographic Research Unit within the Department of Finance shall oversee implementation of this section, including tracking progress, conducting evaluations, ensuring compliance, and providing technical assistance. | |
| 105 | 93 | ||
| 106 | - | ||
| 107 | - | (e) The requirements of subdivision (b) apply to administrative and survey data collections, including third-party and commercial data collections. collections, for the purpose of contracts, partnerships, and agreements involving state agencies. | |
| 108 | - | ||
| 109 | - | (e) | |
| 110 | - | ||
| 111 | - | ||
| 112 | - | ||
| 113 | - | (f) Each state agency, board, or commission required to comply with subdivision (b) shall comply with the requirements of this section as early as reasonably feasible, but no later than January 1, 2029. | |
| 114 | - | ||
| 115 | - | (f) | |
| 116 | - | ||
| 117 | - | ||
| 118 | - | ||
| 119 | - | (g) The Chief Statistician of California and the Demographic Research Unit within the Department of Finance shall oversee implementation of this section, including tracking progress, conducting evaluations, ensuring compliance, and providing technical assistance. | |
| 120 | - | ||
| 121 | - | (g) | |
| 122 | - | ||
| 123 | - | ||
| 124 | - | ||
| 125 | - | (h) (1) On or before January 1, 2027, and annually thereafter, each state agency, board, or commission required to comply with subdivision (b) shall submit a report to the Legislature and the Assembly Committee on Governmental Organization on compliance with the requirements of this section, including all of the following: | |
| 94 | + | (g) (1) On or before January 1, 2027, and annually thereafter, each state agency, board, or commission required to comply with subdivision (b) shall submit a report to the Legislature and the Assembly Committee on Governmental Organization on compliance with the requirements of this section, including all of the following: | |
| 126 | 95 | ||
| 127 | 96 | (A) The collection, analysis, and publication of data. | |
| 128 | 97 | ||
| 129 | 98 | (B) Existing and new data collection forms and instruments used by state agencies to collect demographic data. | |
| 130 | 99 | ||
| 131 | 100 | (C) Technical assistance efforts. | |
| 132 | 101 | ||
| 133 | 102 | (2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. | |
| 134 | 103 | ||
| 135 | - | (h) | |
| 104 | + | (h) Data collected pursuant to this section shall be made available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential. | |
| 136 | 105 | ||
| 137 | 106 | ||
| 138 | 107 | ||
| 139 | - | (i) (1) Data collected pursuant to this section shall be made available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential. | |
| 140 | 108 | ||
| 141 | - | (2) A state agency shall not disclose personally identifying information collected from individuals to any federal agency unless the disclosure is expressly required by federal law. | |
| 142 | 109 | ||
| 143 | - | SEC. 3. Section 13073.3 is added to the Government Code, to read:13073.3. (a) The position of Chief Statistician of California shall be created in the Demographic Research Unit to do all of the following:(1) Standardize collection of demographic data across state agencies, including all state administrative and survey data.(2) Coordinate the activities of statistical data collection across state agencies.(3) Ensure the efficiency and effectiveness of the states statistical data collection.(4) Ensure the confidentiality and protection of state data collections.(5) Perform any other tasks necessary to ensure the integrity, objectivity, impartiality, and utility of information collected for statistical purposes.(b) The Chief Statistician of California may provide state agencies with statistical analyses that supplement the decennial United States Census, population estimates in the American Community Survey, and other federal administrative data and survey data collections.(c) The Chief Statistician of California and the Demographic Research Unit shall ensure that all state agencies adopt the same standard for the collection of race and ethnicity, including minimum categories and detailed categories for race and ethnicity. | |
| 144 | - | ||
| 145 | - | SEC. 3. Section 13073.3 is added to the Government Code, to read: | |
| 146 | - | ||
| 147 | - | ### SEC. 3. | |
| 148 | - | ||
| 149 | - | 13073.3. (a) The position of Chief Statistician of California shall be created in the Demographic Research Unit to do all of the following:(1) Standardize collection of demographic data across state agencies, including all state administrative and survey data.(2) Coordinate the activities of statistical data collection across state agencies.(3) Ensure the efficiency and effectiveness of the states statistical data collection.(4) Ensure the confidentiality and protection of state data collections.(5) Perform any other tasks necessary to ensure the integrity, objectivity, impartiality, and utility of information collected for statistical purposes.(b) The Chief Statistician of California may provide state agencies with statistical analyses that supplement the decennial United States Census, population estimates in the American Community Survey, and other federal administrative data and survey data collections.(c) The Chief Statistician of California and the Demographic Research Unit shall ensure that all state agencies adopt the same standard for the collection of race and ethnicity, including minimum categories and detailed categories for race and ethnicity. | |
| 150 | - | ||
| 151 | - | 13073.3. (a) The position of Chief Statistician of California shall be created in the Demographic Research Unit to do all of the following:(1) Standardize collection of demographic data across state agencies, including all state administrative and survey data.(2) Coordinate the activities of statistical data collection across state agencies.(3) Ensure the efficiency and effectiveness of the states statistical data collection.(4) Ensure the confidentiality and protection of state data collections.(5) Perform any other tasks necessary to ensure the integrity, objectivity, impartiality, and utility of information collected for statistical purposes.(b) The Chief Statistician of California may provide state agencies with statistical analyses that supplement the decennial United States Census, population estimates in the American Community Survey, and other federal administrative data and survey data collections.(c) The Chief Statistician of California and the Demographic Research Unit shall ensure that all state agencies adopt the same standard for the collection of race and ethnicity, including minimum categories and detailed categories for race and ethnicity. | |
| 152 | - | ||
| 153 | - | 13073.3. (a) The position of Chief Statistician of California shall be created in the Demographic Research Unit to do all of the following:(1) Standardize collection of demographic data across state agencies, including all state administrative and survey data.(2) Coordinate the activities of statistical data collection across state agencies.(3) Ensure the efficiency and effectiveness of the states statistical data collection.(4) Ensure the confidentiality and protection of state data collections.(5) Perform any other tasks necessary to ensure the integrity, objectivity, impartiality, and utility of information collected for statistical purposes.(b) The Chief Statistician of California may provide state agencies with statistical analyses that supplement the decennial United States Census, population estimates in the American Community Survey, and other federal administrative data and survey data collections.(c) The Chief Statistician of California and the Demographic Research Unit shall ensure that all state agencies adopt the same standard for the collection of race and ethnicity, including minimum categories and detailed categories for race and ethnicity. | |
| 110 | + | (a)(1)This section shall only apply to the following state entities: | |
| 154 | 111 | ||
| 155 | 112 | ||
| 156 | 113 | ||
| 157 | - | ||
| 114 | + | (A)The State Department of Health Care Services. | |
| 158 | 115 | ||
| 159 | - | (1) Standardize collection of demographic data across state agencies, including all state administrative and survey data. | |
| 160 | 116 | ||
| 161 | - | (2) Coordinate the activities of statistical data collection across state agencies. | |
| 162 | 117 | ||
| 163 | - | ( | |
| 118 | + | (B)The State Department of Public Health. | |
| 164 | 119 | ||
| 165 | - | (4) Ensure the confidentiality and protection of state data collections. | |
| 166 | 120 | ||
| 167 | - | (5) Perform any other tasks necessary to ensure the integrity, objectivity, impartiality, and utility of information collected for statistical purposes. | |
| 168 | 121 | ||
| 169 | - | ( | |
| 122 | + | (C)The State Department of Social Services. | |
| 170 | 123 | ||
| 171 | - | (c) The Chief Statistician of California and the Demographic Research Unit shall ensure that all state agencies adopt the same standard for the collection of race and ethnicity, including minimum categories and detailed categories for race and ethnicity. | |
| 124 | + | ||
| 125 | + | ||
| 126 | + | (D)The California Department of Aging. | |
| 127 | + | ||
| 128 | + | ||
| 129 | + | ||
| 130 | + | (E)The State Department of Education and the Superintendent of Public Instruction, except this section shall not apply to the California Longitudinal Pupil Achievement Data System (CALPADS). | |
| 131 | + | ||
| 132 | + | ||
| 133 | + | ||
| 134 | + | (F)The Commission on Teacher Credentialing. | |
| 135 | + | ||
| 136 | + | ||
| 137 | + | ||
| 138 | + | (G)The Civil Rights Department. | |
| 139 | + | ||
| 140 | + | ||
| 141 | + | ||
| 142 | + | (H)The Labor and Workforce Development Agency. | |
| 143 | + | ||
| 144 | + | ||
| 145 | + | ||
| 146 | + | (I)The Department of Industrial Relations. | |
| 147 | + | ||
| 148 | + | ||
| 149 | + | ||
| 150 | + | (J)The Employment Training Panel. | |
| 151 | + | ||
| 152 | + | ||
| 153 | + | ||
| 154 | + | (K)The Employment Development Department, except this section shall not apply to the unemployment insurance program within the department. | |
| 155 | + | ||
| 156 | + | ||
| 157 | + | ||
| 158 | + | (L)The State Department of State Hospitals. | |
| 159 | + | ||
| 160 | + | ||
| 161 | + | ||
| 162 | + | (M)The Department of Rehabilitation. | |
| 163 | + | ||
| 164 | + | ||
| 165 | + | ||
| 166 | + | (N)The State Department of Developmental Services. | |
| 167 | + | ||
| 168 | + | ||
| 169 | + | ||
| 170 | + | (O)The Department of Community Services and Development. | |
| 171 | + | ||
| 172 | + | ||
| 173 | + | ||
| 174 | + | (2)This section shall be known as the Lesbian, Gay, Bisexual, Transgender, and Intersex Disparities Reduction Act. | |
| 175 | + | ||
| 176 | + | ||
| 177 | + | ||
| 178 | + | (b)(1)Except as specified in paragraph (2), in addition to the duties imposed by Section 8310.5 and to the extent permissible by federal law, the state entities 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, gender identity, and variations in sex characteristics/intersex status (SOGISC). | |
| 179 | + | ||
| 180 | + | ||
| 181 | + | ||
| 182 | + | (2)The state entities identified in subdivision (a) may, but are not required to, collect demographic data pursuant to this section under either of the following circumstances: | |
| 183 | + | ||
| 184 | + | ||
| 185 | + | ||
| 186 | + | (A)Pursuant to federal programs or surveys, whereby the guidelines for demographic data collection categories are defined by the federal program or survey. | |
| 187 | + | ||
| 188 | + | ||
| 189 | + | ||
| 190 | + | (B)Demographic data are collected by other entities including: | |
| 191 | + | ||
| 192 | + | ||
| 193 | + | ||
| 194 | + | (i)State offices, departments, and agencies not included in subdivision (a). | |
| 195 | + | ||
| 196 | + | ||
| 197 | + | ||
| 198 | + | (ii)Surveys administered by third-party entities and the state department is not the sole funder. | |
| 199 | + | ||
| 200 | + | ||
| 201 | + | ||
| 202 | + | (iii)Third-party entities, including, but not limited to, private employers, that provide aggregated data to a state department. | |
| 203 | + | ||
| 204 | + | ||
| 205 | + | ||
| 206 | + | (3)Notwithstanding paragraph (2), the State Department of Public Health shall collect demographic data pursuant to this section 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. This section does not require either of the following: | |
| 207 | + | ||
| 208 | + | ||
| 209 | + | ||
| 210 | + | (A)The State Department of Public Health to collect demographic data pursuant to this section from an individual under 18 years of age who is applying for, or participating in, the California Special Supplemental Nutrition Program for Women, Infants, and Children. | |
| 211 | + | ||
| 212 | + | ||
| 213 | + | ||
| 214 | + | (B)Health care providers or other third parties to collect, disclose, or report information that is not voluntarily provided self-identification information pertaining to SOGISC. | |
| 215 | + | ||
| 216 | + | ||
| 217 | + | ||
| 218 | + | (c)(1)The state entities identified in subdivision (a) shall report to the Legislature the data collected pursuant to this section and the method used to collect those 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. | |
| 219 | + | ||
| 220 | + | ||
| 221 | + | ||
| 222 | + | (2)The state entities identified in subdivision (a) shall not report demographic data that would permit identification of individuals or would result in statistical unreliability. Demographic reports on data collected pursuant to this section, to prevent identification of individuals, may aggregate categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities. | |
| 223 | + | ||
| 224 | + | ||
| 225 | + | ||
| 226 | + | (3)The state entities identified in subdivision (a) may use information voluntarily provided about SOGISC 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 SOGISC collected pursuant to this section shall be used only for purposes specified in this section. | |
| 227 | + | ||
| 228 | + | ||
| 229 | + | ||
| 230 | + | (d)(1)The state entities identified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (a) shall comply with the requirements of this section as early as possible following the effective date of this section, but no later than July 1, 2018, except as specified in paragraph (2). | |
| 231 | + | ||
| 232 | + | ||
| 233 | + | ||
| 234 | + | (2)For purposes of data collected pursuant to paragraph (3) of subdivision (b), the State Department of Public Health shall comply with the requirements of this section as early as possible but no later than March 28, 2029. | |
| 235 | + | ||
| 236 | + | ||
| 237 | + | ||
| 238 | + | (e)The state entities identified in subparagraphs (E) to (K), inclusive, of paragraph (1) of subdivision (a) shall comply with the requirements of this section as early as possible following the effective date of this section, but no later than July 1, 2019. | |
| 239 | + | ||
| 240 | + | ||
| 241 | + | ||
| 242 | + | (f)The state entities identified in subparagraphs (L) to (O), inclusive, of paragraph (1) of subdivision (a) shall comply with the requirements of this section as early as possible following January 1, 2025, but no later than July 1, 2026. |