NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8524A
SPONSOR: Ortiz
 
TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to the designation of sex by applicants for driver's licenses
and learner's permits
 
PURPOSE OR GENERAL IDEA OF BILL:
To allow New York State residents to identify as "non-binary," neither
male nor female, on their driver licenses and identification cards.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of this bill amends section 502 of the vehicle and traffic law
adding a new subdivision 8 where any application required pursuant to
this section that requires the applicant to designate his or her sex
shall provide three options. Such options shall include "Male, "female",
and "X". Option "X" may be designated by any applicant who does not
identify as male or female.
Section 2 requires the department of motor vehicle to promulgate rules
and regulation and amend forms necessary to carry out the provisions of
this act.
Section 3 This act shall take effect on the one hundred eightieth day
after it shall have become law; provided, however, that effective imme-
diately, the addition, amendment and/or repeal of any rules or regu-
lations necessary for the implementation of this act on its effective
date is authorized to be made and completed on or before such date.
 
JUSTIFICATION:
As it stands, the only gender options given to applicants on driver's
licenses is either male or female. As issues dealing with gender identi-
ty become more and more prevalent in our society, institutions must
begin to reflect the changes taking place.
A 2016 study by the Williams Institute found that 1.4 million people
identify as transgender. This study highlights how a significant portion
of the population does not currently conform to the stereotypical gender
assignments of male and female. This law aims to adapt the current driv-
er's license and permit applications to accommodate those who do not
identify as either male or female and provide a third option.
For individuals who are transgender or gender non-conforming, having to
identify as either male or female on an official document is degrading
to that individual's personal identity. We should uphold and respect a
person's personal decision to identify in the way they feel comfortable
and one should not be forced to identify themselves as something they
are not.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Yet to be determined.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law.
STATE OF NEW YORK
________________________________________________________________________
8524--A
2017-2018 Regular Sessions
IN ASSEMBLY
June 19, 2017
___________
Introduced by M. of A. ORTIZ, DAVILA, PICHARDO, TAYLOR, MOSLEY, COOK,
SEAWRIGHT, CARROLL, DE LA ROSA -- Multi-Sponsored by -- M. of A.
SIMON, TITONE -- read once and referred to the Committee on Transpor-
tation -- recommitted to the Committee on Transportation in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the vehicle and traffic law, in relation to the desig-
nation of sex by applicants for driver's licenses and learner's
permits
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 502 of the vehicle and traffic law is amended by
2 adding a new subdivision 8 to read as follows:
3 8. Designation of sex. Any application required pursuant to this
4 section that requires the applicant to designate his or her sex shall
5 provide three options. Such options shall include "male", "female" and
6 "X". For purposes of this subdivision, option "X" may be designated by
7 any applicant who does not identify as male or female.
8 § 2. The department of motor vehicles is authorized to promulgate
9 rules and regulations and amend forms necessary to carry out the
10 provisions of this act.
11 § 3. This act shall take effect on the one hundred eightieth day after
12 it shall have become a law; provided, however, that effective immediate-
13 ly, the addition, amendment and/or repeal of any rule or regulation
14 necessary for the implementation of this act on its effective date is
15 authorized to be made and completed on or before such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13243-04-8