NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5465D
SPONSOR: O'Donnell TITLE OF BILL:
An act to amend the civil rights law, the vehicle and traffic law and
the public health law, in relation to enacting the "Gender Recognition
Act"; and to repeal subdivision 1 of section 502 of the vehicle and
traffic law relating to driver's licenses
SUMMARY OF PROVISIONS:
Amend Section 62 of the civil rights law to preclude the court from
conditioning an order on notice to any third party, except by written
order detailing the court's reasoning, while showing cause. This section
also precludes the court under any circumstances from requiring a peti-
tioner to notify federal immigration authorities. Finally, this section
precludes the court from requiring consent for any change from any party
except the petitioner.
Amend Section 63 of the civil rights law to update the publication
requirement following a name change on a birth certificate. The law
currently requires the applicant to publish their present name and
address as well as their previous name, place of birth, and birth date
in a designated newspaper.
Amend the civil rights law by adding a new article 6-A, Change of Sex
Designation. This section includes language outlining the petition proc-
ess for sex designation, name change, and the simultaneous request for
both.
If the court to which the petition is presented is satisfied, new
section 67e within Article 6-A would expand the 'totality of circum-
stances" necessary for the sealing of change of sex designation papers
to include, but not limited to, a consideration of the risk of violence
or discrimination against the applicant, including such applicant's
status as transgender or as the subject of domestic violence.
Amend the law for application for a driver's license to allow for an
applicant's self-certification of their sex designation as male, female,
or x, which can indicate nonbinary, intersex, undesignated, or other.
This would also provide a space for said applicant to request notation
upon such license that the applicant is a veteran of the United States
armed forces.
Amend Section 4138 of the public health law to add the change of name of
registrant or parent and the gender transition of registrant or parent
to the qualifying purposes of issuing a new birth certificate.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
This version makes technical changes to vehicle and traffic law .
JUSTIFICATION:
In the continued fight for true equality for all, this bill updates
current law to remove excess, discriminatory burdens placed on those
petitioning for a change in sex designation as well as to expand eligi-
bility to have those records sealed for purposes of protection. There is
a long history of discrimination against the LGBTQ+ community. The
current law requires that applicants for name changes publish their
present name and address as well as their previous name, place of birth,
and birth date in a designated newspaper. This puts community members in
danger of hate crimes, public ridicule, and random acts of discrimina-
tion.It is time to update our laws in accordance to the future we would
like to welcome; a future of acceptance, unity, respect, equality, and
diversity.
PRIOR LEGISLATIVE HISTORY:
2018: A10260 - Referred to Governmental Operations
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.
