N.Y. Civil Rights Law § 79-q: Collection of gender or sex designation information by state agencies

§ 79-q. Collection of gender or sex designation information by state

agencies. 1. All New York state agencies that collect demographic

information about a person's gender or sex shall make available to the

person at the point of data collection an option to mark their gender or

sex as "x".

2. Where applicable federal law requires a state agency to collect sex

or gender data as either "m" or "f", the state agency shall create a

separate field for state purposes so that a person has the option to

mark their gender or sex as "x" to be collected by the state.

3. All state agencies shall update any applicable physical and online

forms or data systems by January first, two thousand twenty-three,

except the department of labor, the office of children and family

services, the office of temporary and disability assistance and the

division of criminal justice services, which shall update any applicable

forms or data systems by January first, two thousand twenty-four.

4. A state agency that cannot comply with the requirements of this

section shall, at least sixty days before the applicable deadline, post

publicly on its website a written progress report that describes with

specificity the steps the agency has taken to comply with this section,

the impediments that prevented compliance, the efforts undertaken by the

agency to come into compliance, and an estimated time frame for

compliance. The written report shall be updated every six months from

the date of the original posting.

5. By January first, two thousand twenty-five, the governor shall post

on a publicly available website and submit to the temporary president of

the senate and the speaker of the assembly a written report listing

every agency that has not yet complied with this section. Such report

shall include the latest progress reports for each non-compliant agency.

Such annual report shall be updated every year by January first;

provided that once all agencies have complied with the requirements of

this section, the governor shall post on a publicly available website

and submit to the temporary president of the senate and the speaker of

the assembly a certification of compliance with this section, and no

further annual report shall be required.