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A08827 Summary:

BILL NOA08827
 
SAME ASSAME AS S07808
 
SPONSORO'Donnell
 
COSPNSR
 
MLTSPNSR
 
Amd 64, 67 & 67-a, Civ Rts L; amd 12, Chap of 2021 (as proposed in S.4402-B & A.5465-D)
 
Relates to changes of name and sex designation.
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A08827 Actions:

BILL NOA08827
 
01/12/2022referred to governmental operations
01/25/2022reported
01/27/2022advanced to third reading cal.346
01/31/2022substituted by s7808
 S07808 AMEND= HOYLMAN
 01/11/2022REFERRED TO RULES
 01/18/2022ORDERED TO THIRD READING CAL.174
 01/31/2022PASSED SENATE
 01/31/2022DELIVERED TO ASSEMBLY
 01/31/2022referred to governmental operations
 01/31/2022substituted for a8827
 01/31/2022ordered to third reading cal.346
 03/01/2022passed assembly
 03/01/2022returned to senate
 03/18/2022DELIVERED TO GOVERNOR
 03/18/2022SIGNED CHAP.163
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A08827 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8827
 
SPONSOR: O'Donnell
  TITLE OF BILL: An act to amend the civil rights law, in relation to a change of name and a change of sex designation; and to amend a chapter of the laws of 2021 amending the civil rights law, the vehicle and traffic law and the public health law, relating to enacting the "Gender Recognition Act", as proposed in legislative bills numbers S. 4402-B and A. 5465-D, in relation to the effectiveness thereof   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to make changes to Chapter 158 of the Laws of 2021.   SUMMARY OF PROVISIONS: This chapter amendment makes technical corrections related to the way records are handled and distributed during the process of a petition.The implementation time of the new law was also changed for certain require- ments under the new 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 discrimi- nation. 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: New bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effect on the same date and in the same manner as a chapter of the laws of 2021 amending the civil rights law, the vehicle and traffic law and the public health law, relating to enacting the "Gender Recognition Act", as proposed in legislative bills numbers S.4402-B and A.5465-D, takes effect.
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A08827 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8827
 
                   IN ASSEMBLY
 
                                    January 12, 2022
                                       ___________
 
        Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
          Committee on Governmental Operations
 
        AN ACT to amend the civil rights law, in relation to a  change  of  name
          and a change of sex designation; and to amend a chapter of the laws of
          2021  amending  the  civil rights law, the vehicle and traffic law and
          the public health law, relating to enacting  the  "Gender  Recognition
          Act",  as  proposed  in  legislative  bills  numbers  S. 4402-B and A.
          5465-D, in relation to the effectiveness thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 2 and 3 of section 64 of the civil rights law,
     2  subdivision  2 as amended and subdivision 3 as added by a chapter of the
     3  laws of 2021 amending the civil rights law, the vehicle and traffic  law
     4  and  the public health law, relating to enacting the "Gender Recognition
     5  Act", as proposed in legislative bills numbers S. 4402-B and A.  5465-D,
     6  are amended to read as follows:
     7    2.  (a) If the petition states that the petitioner stands convicted of
     8  a violent felony offense as defined in section 70.02 of the penal law or
     9  a felony defined in article one hundred twenty-five of such law  or  any
    10  of the following provisions of such law sections 130.25, 130.30, 130.40,
    11  130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
    12  135.25, 230.05, 230.06, subdivision two of section 230.30 or 230.32, the
    13  clerk of the court in which the order has been entered shall deliver, by
    14  first  class  mail,  a  copy  of such certified order to the division of
    15  criminal justice services at its office in the county of Albany and  (b)
    16  if  the  petition  states that the petitioner is responsible for spousal
    17  support or child support  obligations  pursuant  to  court  order,  upon
    18  review  of  the  petitioner's application for name change and subsequent
    19  inquiry, the court [may, in its discretion,] shall order the  petitioner
    20  to  deliver,  by  first  class mail, the petitioner's new name with such
    21  certified order to the court of competent jurisdiction which imposed the
    22  orders of support.  If a party to the order is receiving  child  support
    23  services pursuant to title six-A of article three of the social services
    24  law, a copy shall be mailed to the support collection unit of the appli-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05588-11-2

        A. 8827                             2
 
     1  cable  social services district providing such services to a party. Such
     2  certification shall appear on the original order and  on  any  certified
     3  copy thereof and shall be entered in the court's minutes of the proceed-
     4  ing.
     5    3.  A  name  change order or other government issued document or court
     6  issued documentation of a name change shall be sufficient to change  the
     7  petitioner's  name on any document or record issued or maintained by the
     8  state of New York or any subdivision thereof,  or  any  private  entity,
     9  including  but  not  limited to, all school records for current and past
    10  students, archival records and  marriage  certificates.    This  section
    11  shall not apply when archival records cannot be accessed or when modify-
    12  ing archival records is otherwise prohibited by law. Failure of a public
    13  or  private  entity  to  comply  with  such  a  request may constitute a
    14  violation of section  two  hundred  ninety-six  of  the  executive  law,
    15  section forty-c of this chapter and any applicable local non-discrimina-
    16  tion  law  and  may  be  the basis for a complaint to the New York state
    17  division of human rights and any other applicable enforcement entity.
    18    § 2. The section heading of section 67 of the  civil  rights  law,  as
    19  added  by  a  chapter of the laws of 2021 amending the civil rights law,
    20  the vehicle and traffic law and  the  public  health  law,  relating  to
    21  enacting  the "Gender Recognition Act", as proposed in legislative bills
    22  numbers S. 4402-B and A. 5465-D, is amended to read as follows:
    23    Petition [to] for change of sex designation.
    24    § 3. Section 67-a of the civil rights law, as added by  a  chapter  of
    25  the  laws of 2021 amending the civil rights law, the vehicle and traffic
    26  law and the public health law, relating to enacting the "Gender Recogni-
    27  tion Act", as proposed in legislative bills numbers  S.  4402-B  and  A.
    28  5465-D, is amended to read as follows:
    29    §  67-a.  Order.  If  the  court to which the petition is presented is
    30  satisfied thereby, or by the affidavit and certificate presented  there-
    31  with,  that  the  petition  is  true,  and  that  there is no reasonable
    32  objection to the change of sex designation proposed, and if the petition
    33  [be] is to change the sex designation of an infant, that  the  interests
    34  of  the  infant  will be substantially promoted by the change, the court
    35  shall make an order authorizing the petitioner to assume the sex  desig-
    36  nation proposed.
    37    §  4.  Section  12 of a chapter of the laws of 2021 amending the civil
    38  rights law, the vehicle and traffic  law  and  the  public  health  law,
    39  relating to enacting the "Gender Recognition Act", as proposed in legis-
    40  lative  bills  numbers  S.   4402-B and A. 5465-D, is amended to read as
    41  follows:
    42    § 12. This act shall take effect on  the  one  hundred  eightieth  day
    43  after  it  shall  have  become  a  law, provided, however, that sections
    44  seven, eight and nine of this act shall take effect on the three hundred
    45  sixty-fifth day after it shall have become a law.  Effective  immediate-
    46  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
    47  necessary for the implementation of this act on its effective  date  are
    48  authorized to be made and completed on or before such effective date.
    49    §  5.  This  act  shall  take  effect on the same date and in the same
    50  manner as a chapter of the laws of 2021 amending the civil  rights  law,
    51  the  vehicle  and  traffic  law  and  the public health law, relating to
    52  enacting the "Gender Recognition Act", as proposed in legislative  bills
    53  numbers S. 4402-B and A. 5465-D, takes effect.
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