The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    358
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 6, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BRONSON,  SEAWRIGHT,  OTIS  -- read once and
   referred to the Committee on Governmental Operations
 
 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-g
 to read as follows:
   § 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 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, 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.
                                                            LBD01613-01-3

 A. 358                              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.