Amd §170-g, Exec L (as proposed in S.3225 & A.358)
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8548
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:
The purpose of this bill is to make technical changes to Chapter 674 of
the Laws of 2023 in order to effectuate the intent of the law.
SUMMARY OF PROVISIONS:
Section one of the bill would amend section 170-g of the Executive Law
to require that such data collection is required only to the extent
practicable, and require that applicable agencies, boards or commissions
unable to fully comply with the section would be required to post
publicly on their websites written progress reports detailing their
efforts to be compliant with the section.
Section two of the bill would establish the effective date.
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.
Chapter 674 of the Laws of 2023 required the collection of certain demo-
graphic information by certain state agencies, boards, and commissions.
This legislation would clarify the implementation of those requirements
for the relevant state agencies, boards, and commissions while also
imposing a transparency requirement on such agencies, boards or commis-
sions that are unable to comply.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2023 amending the executive law relating to
requiring the collection of certain demographic information by certain
state agencies, boards and commissions, as proposed in legislative bills
numbers S. 3225 and A. 358, takes effect.
STATE OF NEW YORK
________________________________________________________________________
8548
IN ASSEMBLY
January 8, 2024
___________
Introduced by M. of A. BRONSON -- read once and referred to the Commit-
tee 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. 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
A. 8548 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.
