Analysis

Synopsis:

 Amended Synopsis 1 March 12, 2021: 

SJCa1/SB 316: Senate Judiciary Committee amendment 1 to Senate Bill 316 requires executive departments and public bodies to collect demographic data pertaining to sexual orientation and gender identity. This act requires reporting to the legislature, all the data collected pursuant to this section, and the method used to collect the data. This act requires the data to be available to the public in accordance with state and federal law, except for personal identifying information, which will be deemed confidential and not disclosed. This act provides other restrictions and exceptions. Definitions are provided. The provisions of this act are effective on October 31, 2021.

Original Synopsis February 03, 2021:

Senate Bill 316 (SB 316) requires certain executive departments and public bodies to collect demographic data pertaining to sexual orientation and gender identity. SB 316 requires reporting to the legislature, the data collected pursuant to this section, and the method used to collect the data. SB 316 requires the data to be available to the public in accordance with state and federal law, except for personal identifying information, which will be deemed confidential and not be disclosed. SB 316 provides other restrictions and exceptions. SB 316 provides definitions. SB 316 is effective on October 31, 2021.

Analysis:

 Senate Bill 316 (SB 316) creates new requirements and restrictions for executive departments and public bodies when conducting demographic data collection involving sexual orientation and gender identity.

SB 316 requires an executive department or public body, in the course of collecting demographic data directly or through a contractor, to:
•	 collect voluntary self-identification information pertaining to sexual orientation and gender identity. 

SB 316 requires an executive department or public body to collect voluntary self-identification information pertaining to sexual orientation and gender identity pursuant to:
•	(1) federal programs or surveys, whereby the guidelines for demographic data collection categories are defined by the federal program or survey; or 
•	(2) in accordance with guidelines issued by the Department of Health for demographic data collection. 

Restrictions and Exceptions:

SB 316 prohibits an executive department or public body from reporting demographic data that would permit identification of individuals or would result in statistical unreliability. 

SB 316 allows reports on data collected to aggregate categories at a state, county, city, census tract or zip code level to prevent identification of individuals, facilitate comparisons and identify disparities. 

SB 316 prohibits an executive department or public body from using information voluntarily provided about sexual orientation and gender identity for demographic analysis, coordination of care, quality improvement of its services, conducting approved research, fulfilling reporting requirements or guiding policy or funding decisions.

Reporting:

SB 316 requires an executive department or public body to: 
•	(1) report to the legislature the data collected pursuant to this section and the method used to collect the data; and 
•	(2) make the data available to the public in accordance with state and federal law, except for personal identifying information, which will be deemed confidential and not be disclosed. 

Definitions:

(1) Executive Department means any of the following departments of the executive branch of state government: 
•	(a) Human Services Department; 
•	(b) Children, Youth and Families Department;
•	(c) Department of Health; 
•	(d) Department of Public Safety; 
•	(e) Corrections Department; 
•	(f) Economic Development Department; 
•	(g) Tourism Department; 
•	(h) Workforce Solutions Department; 
•	(i) Aging and Long-Term Services Department; 
•	(j) Public Education Department; 
•	(k) Higher Education Department; or 
•	(l) Early Childhood Education and Care Department.

(2) Public Body means an advisory board, commission, committee, agency or entity created by the constitution or laws of New Mexico or any branch of government of the executive, legislative or judicial branch of a state or local government that receives public funding. 


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