N.Y. EXC Law § 170-G

§ 170-g. Collection of demographic information; sexual orientation and\ngender expression. 1. Every state agency, board, or commission that\ndirectly or by contract collects demographic data as to the ancestry or\nethnic origin of residents of the state of New York shall use, to the\nextent practicable, separate collection categories and tabulations for\nsexual orientation and gender identity or expression.\n 2. The term "gender identity or expression" means having or being\nperceived as having a gender identity, self-image, appearance, behavior\nor expression whether or not that gender identity, self-image,\nappearance, behavior or expression is different from that traditionally\nassociated with the sex assigned to that person at birth.\n 3. The data collected pursuant to the different collection categories\nand tabulations described in subdivision one of this section shall be\nincluded in every demographic report on ancestry or ethnic origins of\nresidents of the state of New York by the state agency, board, or\ncommission published or released on or after July first, in the calendar\nyear following the effective date of this section. The data shall be\nmade available to the public in accordance with state and federal law,\nexcept for personal identifying information, which shall be deemed\nconfidential, by posting the data on the internet web site of the\nagency, board, or commission on or before July first, in the calendar\nyear following the effective date of this section, and annually\nthereafter. This subdivision shall not be construed to prevent any other\nstate agency, board, or commission from posting data collected pursuant\nto subdivision one of this section on the agency's, board's, or\ncommission's internet web site, in the manner prescribed by this\nsection. A state agency, board, or commission that cannot comply with\nthe requirements of this section shall, at least sixty days before the\napplicable deadline, post publicly on its web site a written progress\nreport that describes with specificity the steps the agency, board, or\ncommission has taken to comply with this section, the impediments that\nprevented compliance, the efforts undertaken by the agency, board, or\ncommission to come into compliance, and an estimated timeframe for\ncompliance. The written report shall be updated every six months from\nthe date of the original posting.\n 4. Guidance shall be issued for state agencies, boards, and\ncommissions in their compliance with the requirements set forth in\nsubdivision three of this section.\n