Bill Text: NY A08241 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires all municipalities to update all applicable forms and data systems to include a gender "x" option.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Engrossed) 2024-06-03 - REFERRED TO RULES [A08241 Detail]

Download: New_York-2023-A08241-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8241

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    November 6, 2023
                                       ___________

        Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
          tee on Governmental Operations

        AN ACT to amend the civil rights law, in relation to requiring all muni-
          cipalities to update all applicable forms and data systems to  include
          a gender "x" option

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1.  Section 79-q of the civil rights law, as added by  section
     2  1  of  part  R  of chapter 58 of the laws of 2022, is amended to read as
     3  follows:
     4    § 79-q. Collection of gender or sex designation information [by  state
     5  agencies].  1.  All  New  York  state  agencies  and municipalities that
     6  collect demographic information about a person's  gender  or  sex  shall
     7  make  available  to the person at the point of data collection an option
     8  to mark their gender or sex as "x".
     9    2. Where applicable federal law requires a  state  agency  or  munici-
    10  pality  to  collect  sex  or gender data as either "m" or "f", the state
    11  agency or municipality shall create a separate field for state  purposes
    12  so that a person has the option to mark their gender or sex as "x" to be
    13  collected by the state.
    14    3.  All state agencies shall update any applicable physical and online
    15  forms or data systems  by  January  first,  two  thousand  twenty-three,
    16  except  the  department  of  labor,  the  office  of children and family
    17  services, the office of temporary  and  disability  assistance  and  the
    18  division of criminal justice services, which shall update any applicable
    19  forms  or  data  systems by January first, two thousand twenty-four. All
    20  municipalities shall update any applicable physical and    online  forms
    21  or data  systems  by  January  first, two thousand twenty-six.
    22    4. A state agency or municipality that cannot comply with the require-
    23  ments  of  this section shall, at least sixty days before the applicable
    24  deadline, post publicly on its website a written  progress  report  that

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13246-04-3
        A. 8241                             2

     1  describes  with  specificity  the  steps  the agency or municipality has
     2  taken to comply  with  this  section,  the  impediments  that  prevented
     3  compliance, the efforts undertaken by the agency or municipality to come
     4  into  compliance, and an estimated time frame for compliance and munici-
     5  palities shall transmit this report to the Governor's office.  The writ-
     6  ten report shall be updated every  six  months  from  the  date  of  the
     7  original posting.
     8    5. By January first, two thousand twenty-five, the governor shall post
     9  on a publicly available website and submit to the temporary president of
    10  the  senate  and  the  speaker  of the assembly a written report listing
    11  every agency that has not yet complied with this  section.  Such  report
    12  shall include the latest progress reports for each non-compliant agency.
    13  By  April  first, two thousand twenty-six, the governor shall post  on a
    14  publicly available website and submit to the temporary president of  the
    15  senate  and  the  speaker of the   assembly  a  written  report  listing
    16  every municipality that has not yet complied  with  this  section.  Such
    17  annual  [report]  reports  shall be updated every year by January first;
    18  provided that once all agencies or municipalities have complied with the
    19  requirements of this section, the governor  shall  post  on  a  publicly
    20  available  website  and  submit to the temporary president of the senate
    21  and the speaker of the assembly a certification of compliance with  this
    22  section, and no further annual [report] reports shall be required.
    23    § 2. This act shall take effect immediately.