§ 79-q. Collection of gender or sex designation information by state
agencies. 1. All New York state agencies that collect demographic
information about a person's gender or sex shall make available to the
person at the point of data collection an option to mark their gender or
sex as "x".

2. Where applicable federal law requires a state agency to collect sex
or gender data as either "m" or "f", the state agency shall create a
separate field for state purposes so that a person has the option to
mark their gender or sex as "x" to be collected by the state.

3. All state agencies shall update any applicable physical and online
forms or data systems by January first, two thousand twenty-three,
except the department of labor, the office of children and family
services, the office of temporary and disability assistance and the
division of criminal justice services, which shall update any applicable
forms or data systems by January first, two thousand twenty-four.

4. A state agency that cannot comply with the requirements of this
section shall, at least sixty days before the applicable deadline, post
publicly on its website a written progress report that describes with
specificity the steps the agency has taken to comply with this section,
the impediments that prevented compliance, the efforts undertaken by the
agency to come into compliance, and an estimated time frame for
compliance. The written report shall be updated every six months from
the date of the original posting.

5. By January first, two thousand twenty-five, the governor shall post
on a publicly available website and submit to the temporary president of
the senate and the speaker of the assembly a written report listing
every agency that has not yet complied with this section. Such report
shall include the latest progress reports for each non-compliant agency.
Such annual report shall be updated every year by January first;
provided that once all agencies have complied with the requirements of
this section, the governor shall post on a publicly available website
and submit to the temporary president of the senate and the speaker of
the assembly a certification of compliance with this section, and no
further annual report shall be required.