Requires the collection of certain demographic information about the sexual orientation and gender identity or expression of residents by certain state agencies, boards and commissions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A358
SPONSOR: Bronson TITLE OF BILL:
An act to amend the executive law, in relation to requiring the
collection of certain demographic information by certain state agencies,
boards and commissions
PURPOSE OR GENERAL IDEA OF BILL:
To keep a more accurate and relevant public record of populations by
sexual orientation and gender identity or expression in the State of New
York.
SUMMARY OF SPECIFIC PROVISIONS:
Every state agency, board, or commission that directly collects data on
ethnic origin for residents of the state of New York would use separate
categories for a number of New Yorkers by sexual orientation and gender
identity.
JUSTIFICATION:
While gay, lesbian, bisexual, transgender and those of non-conforming
gender identity or expression in this state share geographical and
cultural commonalities, they also experience diverse social, educa-
tional, health, and economic differences that are unique to their life
experiences. Given the diversity of the population, separating data for
these areas of the population and making the data publicly accessible
are critical for enhancing our state's understanding of the needs and
experiences of these communities.
PRIOR LEGISLATIVE HISTORY:
A2632A of 2021-22: VETO 71
A.7929 of 2019 - 2020 VETO 191
A.2403-C of 2015-2016 (Bronson): Passed Assembly
A.7669-A of 2013-2014 (Bronson): Died in Governmental Operations (2013)/
Passed Assembly (2014)
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
becomes law.
STATE OF NEW YORK
________________________________________________________________________
358
2023-2024 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. The executive law is amended by adding a new section 170-g
2 to read as follows:
3 § 170-g. Collection of demographic information; sexual orientation and
4 gender expression. 1. Every state agency, board, or commission that
5 directly or by contract collects demographic data as to the ancestry or
6 ethnic origin of residents of the state of New York shall use separate
7 collection categories and tabulations for sexual orientation and gender
8 identity or expression.
9 2. The term "gender identity or expression" means having or being
10 perceived as having a gender identity, self-image, appearance, behavior
11 or expression whether or not that gender identity, self-image, appear-
12 ance, behavior or expression is different from that traditionally asso-
13 ciated with the sex assigned to that person at birth.
14 3. The data collected pursuant to the different collection categories
15 and tabulations described in subdivision one of this section shall be
16 included in every demographic report on ancestry or ethnic origins of
17 residents of the state of New York by the state agency, board, or
18 commission published or released on or after July first, in the calendar
19 year following the effective date of this section. The data shall be
20 made available to the public in accordance with state and federal law,
21 except for personal identifying information, which shall be deemed
22 confidential, by posting the data on the internet web site of the agency
23 on or before July first, in the calendar year following the effective
24 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
1 not be construed to prevent any other state agency from posting data
2 collected pursuant to subdivision one of this section on the agency's
3 internet web site, in the manner prescribed by this section.
4 § 2. This act shall take effect on the one hundred twentieth day after
5 it shall have become a law.
