Pennsylvania SB 189: An Act amending the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act, in crime victims, further providing for rights.

Bill Text

PRINTER'S NO. 139
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 189
Session of
2025
INTRODUCED BY STREET, COMITTA, KEARNEY, TARTAGLIONE, COSTA,
HAYWOOD, KANE, COLLETT AND SAVAL, JANUARY 29, 2025
REFERRED TO STATE GOVERNMENT, JANUARY 29, 2025
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; and imposing
penalties.
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." An 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) Duty to include.--Notwithstanding any other provision of
law, no later than 30 days after 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) Option not to answer.--A Commonwealth agency or entity
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shall ensure 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, may not 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 pe