N.Y. Executive Law § 170-g: Collection of demographic information; sexual orientation and gender expression

§ 170-g. Collection of demographic information; sexual orientation and

gender expression. 1. Every state agency, board, or commission that

directly or by contract collects demographic data as to the ancestry or

ethnic origin of residents of the state of New York shall use, to the

extent practicable, separate collection categories and tabulations for

sexual orientation and gender identity or expression.

2. The term "gender identity or expression" means having or being

perceived as having a gender identity, self-image, appearance, behavior

or expression whether or not that gender identity, self-image,

appearance, behavior or expression is different from that traditionally

associated with the sex assigned to that person at birth.

3. The data collected pursuant to the different collection categories

and tabulations described in subdivision one of this section shall be

included in every demographic report on ancestry or ethnic origins of

residents of the state of New York by the state agency, board, or

commission published or released on or after July first, in the calendar

year following the effective date of this section. The data shall be

made available to the public in accordance with state and federal law,

except for personal identifying information, which shall be deemed

confidential, by posting the data on the internet web site of the

agency, board, or commission on or before July first, in the calendar

year following the effective date of this section, and annually

thereafter. This subdivision shall not be construed to prevent any other

state agency, board, or commission from posting data collected pursuant

to subdivision one of this section on the agency's, board's, or

commission's internet web site, in the manner prescribed by this

section. A state agency, board, or commission that cannot comply with

the requirements of this section shall, at least sixty days before the

applicable deadline, post publicly on its web site a written progress

report that describes with specificity the steps the agency, board, or

commission has taken to comply with this section, the impediments that

prevented compliance, the efforts undertaken by the agency, board, or

commission to come into compliance, and an estimated timeframe for

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

the date of the original posting.

4. Guidance shall be issued for state agencies, boards, and

commissions in their compliance with the requirements set forth in

subdivision three of this section.