PRINTER'S NO. 589
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
436
Session of
2021
INTRODUCED BY STREET, KEARNEY, COLLETT, KANE, SANTARSIERO,
BREWSTER AND COMITTA, APRIL 13, 2021
REFERRED TO STATE GOVERNMENT, APRIL 13, 2021
AN ACT
Providing for the use of a lesbian, gay, bisexual, transgender
and queer identifier in all Commonwealth agency or entity
blanks, forms, documents and applications.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Data for
LGBTQ Lives Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Commission." The Pennsylvania Human Relations Commission.
"Commonwealth agency or entity." Any agency, department,
office, board or commission of the Commonwealth. The term does
not include a legislative agency, judicial agency, State-
affiliated entity or State-related institution.
"Judicial agency." A court of the Commonwealth or any other
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entity or office of the unified judicial system.
"Legislative agency." Any of the following:
(1) The Senate.
(2) The House of Representatives.
(3) The Capitol Preservation Committee.
(4) The Center for Rural Pennsylvania.
(5) The Joint Legislative Air and Water Pollution
Control and Conservation Committee.
(6) The Joint State Government Commission.
(7) The Independent Regulatory Review Commission.
(8) The Legislative Audit Advisory Commission.
(9) The Legislative Budget and Finance Committee.
(10) The Legislative Data Processing Committee.
(11) The Legislative Office for Research Liaison.
(12) The Legislative Reapportionment Commission.
(13) The Legislative Reference Bureau.
(14) The Local Government Commission.
(15) The Pennsylvania Commission on Sentencing.
"LGBTQ." Lesbian, gay, bisexual, transgender or queer.
"LGBTQ identifier." A question that allows an individual to
identify as LGBTQ.
"State-affiliated entity." A Commonwealth authority or
Commonwealth entity, including any of the following:
(1) The Pennsylvania Fish and Boat Commission.
(2) The Pennsylvania Game Commission.
(3) The Pennsylvania Gaming Control Board.
(4) The Pennsylvania Higher Education Assistance Agency.
(5) The Pennsylvania Higher Educational Facilities
Authority.
(6) The Pennsylvania Housing Finance Agency.
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(7) The Pennsylvania Infrastructure Investment
Authority.
(8) The Pennsylvania Interscholastic Athletic
Association.
(9) The Pennsylvania Municipal Retirement Board.
(10) The Pennsylvania Public Utility Commission.
(11) The Pennsylvania Turnpike Commission.
(12) The State Public School Building Authority.
(13) The State System of Higher Education.
(14) A community college.
"State-related institution." Any of the following:
(1) Lincoln University.
(2) Temple University.
(3) The Pennsylvania State University.
(4) The University of Pittsburgh.
Section 3. LGBTQ identifier for Commonwealth agency or entity
blanks, forms, documents and applications.
(a) LGBTQ identifier.--Notwithstanding the provisions of any
other law, no later than 30 days from the effective date of this
section, a Commonwealth agency or entity shall include an LGBTQ
identifier on all blanks, forms, documents and applications
furnished to the public for the official business of the
Commonwealth agency or entity.
(b) Collection.--A Commonwealth agency or entity may only
collect information about an individual's LGBTQ status if the
information is necessary for the health and well-being of the
individual seeking the service or benefit from the Commonwealth
agency or entity or seeking to attain or maintain employment
with the Commonwealth agency or entity.
(c) Optional.--A Commonwealth agency or entity shall ensure
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that an individual or an individual's guardian has the option
not to answer an LGBTQ identifier on all blanks, forms,
documents and applications in a clear and conspicuous manner. A
third-party, including a health care provider or State employee,
shall not have the authority to act on behalf of an individual
for the purpose of opting not to answer an LGBTQ identifier. A
Commonwealth agency or entity shall include the option not to
answer an LGBTQ identifier on all blanks, forms, documents and
applications in substantially the following form:
You are not required to answer the LGBTQ identifier as a
condition of receiving a service or benefit from the
Commonwealth agency or entity or attaining or maintaining
employment with the Commonwealth agency or entity. The
Commonwealth agency or entity may not disclose your
answer to the LGBTQ identifier to the public in a manner
that will identify your personal information, including
your name, age, residence address, family members or
other similar information. The Commonwealth agency or
entity may not use your answer to the LGBTQ identifier as
the basis to discriminate against you regarding the
provision of a service or benefit from the Commonwealth
agency or entity or attaining or maintaining employment
with the Commonwealth agency or entity.
(d) Form.--A Commonwealth agency or entity shall design an
LGBTQ identifier as follows:
(1) The LGBTQ identifier shall not infringe or threaten
to infringe on an individual's mental or physical well-being.
(2) The LGBTQ identifier shall include a designation for
nonbinary individuals.
(3) The LGBTQ identifier shall be consistent with the
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best practices of organizations that engage in advocacy on
behalf of LGBTQ communities in this Commonwealth.
Section 4. Administration and reports.
(a) Prohibited acts.--The following shall apply:
(1) A Commonwealth agency or entity may not require that
an individual answer an LGBTQ identifier as a condition of
receiving a benefit or service from the Commonwealth agency
or entity or attaining or maintaining employment with the
Commonwealth agency or entity.
(2) A Commonwealth agency or entity may not disclose an
answer to an LGBTQ identifier to the public in a manner that
will identify the personal information of an individual.
(3) A Commonwealth agency or entity may not use an
answer to an LGBTQ identifier as the basis to discriminate
against an individual regarding the provision of a service or
benefit from the Commonwealth agency or entity or attaining
or maintaining employment with the Commonwealth agency or
entity.
(b) Reports.--No later than one year from the effective date
of this section and each year thereafter, a Commonwealth agency
or entity shall submit a report to the commission. The report
shall include all of the following information:
(1) The percentage of individuals who answered in the
affirmative to an LGBTQ identifier during the prior year.
(2) The percentage of individuals who answered in the
negative to an LGBTQ identifier during the prior year.
(3) The percentage of individuals who opted not to
answer an LGBTQ identifier during the prior year.
(4) Any other information required by the commission to
assess the percentage of individuals who identify as LGBTQ.
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Section 5. Penalties.
Any person who violates this act shall be subject to the
enforcement and penalty provisions specified under the act of
October 27, 1955 (P.L.744, No.222), known as the Pennsylvania
Human Relations Act.
Section 6. Effective date.
This act shall take effect in 60 days.
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