§ 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.