Bill Text: NY S08006 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Relates to the collection of certain demographic information about the sexual orientation and gender identity or expression of residents by certain state agencies, boards and commissions; requires a progress report by all agencies, boards and commissions who are unable to comply.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Passed) 2024-02-07 - SIGNED CHAP.61 [S08006 Detail]

Download: New_York-2023-S08006-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          8006

                    IN SENATE

                                     January 5, 2024
                                       ___________

        Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
          when printed to be committed to the Committee on Rules

        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:

     1    Section 1. Section 170-g of the executive law as added by a chapter of
     2  the  laws  of  2023 amending the executive law relating to requiring the
     3  collection of certain demographic information by certain state agencies,
     4  boards and commissions, as proposed in legislative bills numbers S. 3225
     5  and A. 358, is amended to read as follows:
     6    § 170-g. Collection of demographic information; sexual orientation and
     7  gender expression.  1. Every state agency,  board,  or  commission  that
     8  directly  or by contract collects demographic data as to the ancestry or
     9  ethnic origin of residents of the state of New York shall  use,  to  the
    10  extent  practicable,  separate collection categories and tabulations for
    11  sexual orientation and gender identity or expression.
    12    2. The term "gender identity or  expression"  means  having  or  being
    13  perceived  as having a gender identity, self-image, appearance, behavior
    14  or expression whether or not that gender identity,  self-image,  appear-
    15  ance,  behavior or expression is different from that traditionally asso-
    16  ciated with the sex assigned to that person at birth.
    17    3. The data collected pursuant to the different collection  categories
    18  and  tabulations  described  in subdivision one of this section shall be
    19  included in every demographic report on ancestry or  ethnic  origins  of
    20  residents  of  the  state  of  New  York  by the state agency, board, or
    21  commission published or released on or after July first, in the calendar
    22  year following the effective date of this section.  The  data  shall  be
    23  made  available  to the public in accordance with state and federal law,
    24  except for personal  identifying  information,  which  shall  be  deemed
    25  confidential,  by  posting  the  data  on  the  internet web site of the
    26  agency, board, or commission on or before July first,  in  the  calendar
    27  year  following  the effective date of this section, and annually there-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01613-02-4
        S. 8006                             2

     1  after. This subdivision shall not be  construed  to  prevent  any  other
     2  state  agency, board, or commission from posting data collected pursuant
     3  to subdivision one of this section on the agency's, board's, or  commis-
     4  sion's  internet  web  site, in the manner prescribed by this section. A
     5  state agency, board, or commission that cannot comply with the  require-
     6  ments  of  this section shall, at least sixty days before the applicable
     7  deadline, post publicly on its web site a written progress  report  that
     8  describes  with  specificity  the steps the agency, board, or commission
     9  has taken to comply with this section, the  impediments  that  prevented
    10  compliance,  the  efforts undertaken by the agency, board, or commission
    11  to come into compliance, and an estimated timeframe for compliance.  The
    12  written  report  shall  be updated every six months from the date of the
    13  original posting.
    14    4. Guidance shall be issued for state agencies,  boards,  and  commis-
    15  sions in their compliance with the requirements set forth in subdivision
    16  three of this section.
    17    §  2.  This  act  shall  take  effect on the same date and in the same
    18  manner as a chapter of the laws  of  2023  amending  the  executive  law
    19  relating  to requiring the collection of certain demographic information
    20  by certain state agencies, boards and commissions, as proposed in legis-
    21  lative bills numbers S. 3225 and A. 358, takes effect.