S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7319
                                   I N  S E N A T E
                                     May 12, 2014
                                      ___________
       Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Finance
       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-c
    2  to read as follows:
    3    S  170-C. COLLECTION OF DEMOGRAPHIC INFORMATION.  1. EVERY STATE AGEN-
    4  CY, BOARD, OR COMMISSION THAT DIRECTLY OR  BY  CONTRACT  COLLECTS  DEMO-
    5  GRAPHIC  DATA  AS  TO  THE ANCESTRY OR ETHNIC ORIGIN OF RESIDENTS OF THE
    6  STATE OF NEW YORK SHALL USE SEPARATE  COLLECTION  CATEGORIES  AND  TABU-
    7  LATIONS FOR SEXUAL ORIENTATION AND GENDER IDENTITY OR EXPRESSION.
    8    2.  THE  TERM  "GENDER  IDENTITY  OR EXPRESSION" MEANS HAVING OR BEING
    9  PERCEIVED AS HAVING A GENDER IDENTITY, SELF-IMAGE, APPEARANCE,  BEHAVIOR
   10  OR  EXPRESSION  WHETHER OR NOT THAT GENDER IDENTITY, SELF-IMAGE, APPEAR-
   11  ANCE, BEHAVIOR OR EXPRESSION IS DIFFERENT FROM THAT TRADITIONALLY  ASSO-
   12  CIATED WITH THE SEX ASSIGNED TO THAT PERSON AT BIRTH.
   13    3.  THE DATA COLLECTED PURSUANT TO THE DIFFERENT COLLECTION CATEGORIES
   14  AND TABULATIONS DESCRIBED IN SUBDIVISION ONE OF THIS  SECTION  SHALL  BE
   15  INCLUDED  IN  EVERY  DEMOGRAPHIC REPORT ON ANCESTRY OR ETHNIC ORIGINS OF
   16  RESIDENTS OF THE STATE OF NEW  YORK  BY  THE  STATE  AGENCY,  BOARD,  OR
   17  COMMISSION  PUBLISHED  OR  RELEASED ON OR AFTER JULY FIRST, TWO THOUSAND
   18  FIFTEEN. THE DATA SHALL BE MADE AVAILABLE TO THE  PUBLIC  IN  ACCORDANCE
   19  WITH STATE AND FEDERAL LAW, EXCEPT FOR PERSONAL IDENTIFYING INFORMATION,
   20  WHICH  SHALL BE DEEMED CONFIDENTIAL, BY POSTING THE DATA ON THE INTERNET
   21  WEB SITE OF THE AGENCY ON OR BEFORE JULY FIRST,  TWO  THOUSAND  FIFTEEN,
   22  AND  ANNUALLY  THEREAFTER.  THIS  SUBDIVISION  SHALL NOT BE CONSTRUED TO
   23  PREVENT ANY OTHER STATE AGENCY FROM POSTING DATA COLLECTED  PURSUANT  TO
   24  SUBDIVISION  ONE  OF  THIS SECTION ON THE AGENCY'S INTERNET WEB SITE, IN
   25  THE MANNER PRESCRIBED BY THIS SECTION.
   26    S 2. This act shall take effect on the one hundred twentieth day after
   27  it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10907-04-4