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.
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.
