S T A T E O F N E W Y O R K
________________________________________________________________________
41
2017-2018 Regular Sessions
I N S E N A T E
(PREFILED)
January 4, 2017
___________
Introduced by Sens. HOYLMAN, PERKINS -- read twice and ordered printed,
and when printed to be committed to the Committee on Finance
AN ACT to amend the executive law, in relation to requiring the
collection of certain demographic information by certain state agen-
cies, boards and commissions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 170-c
to read as follows:
§ 170-C. COLLECTION OF DEMOGRAPHIC INFORMATION. 1. EVERY STATE AGEN-
CY, BOARD, OR COMMISSION THAT DIRECTLY OR BY CONTRACT COLLECTS DEMO-
GRAPHIC DATA AS TO THE ANCESTRY OR ETHNIC ORIGIN OF RESIDENTS OF THE
STATE OF NEW YORK SHALL USE SEPARATE COLLECTION CATEGORIES AND TABU-
LATIONS 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, APPEAR-
ANCE, BEHAVIOR OR EXPRESSION IS DIFFERENT FROM THAT TRADITIONALLY ASSO-
CIATED 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
ON OR BEFORE JULY FIRST, IN THE CALENDAR YEAR FOLLOWING THE EFFECTIVE
DATE OF THIS SECTION, AND ANNUALLY THEREAFTER. THIS SUBDIVISION SHALL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05187-01-7
S. 41 2
NOT BE CONSTRUED TO PREVENT ANY OTHER STATE AGENCY FROM POSTING DATA
COLLECTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION ON THE AGENCY'S
INTERNET WEB SITE, IN THE MANNER PRESCRIBED BY THIS SECTION.
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.