NY State Senate Bill 2023-S6974

Senate Bill S6974

2023-2024 Legislative Session

Requires certain mass transit providers to provide an additional gender option on systems used for reservations, ticketing and check-in in order to accurately reflect a traveler's gender

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to consumer protection
May 16, 2023	referred to consumer protection

2023-S6974 (ACTIVE) - Details

See Assembly Version of this Bill:: A6668
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §128, Gen Bus L

2023-S6974 (ACTIVE) - Summary

Requires any entity doing business in this state and engaged in the business of mass-transportation of the general public on an airplane, railroad train, bus or cruise ship to update its reservation, ticketing and check-in website applications to include an additional gender marker option to allow travelers to select their gender based on self-attestation, regardless of the sex assigned at birth; provides exceptions.

2023-S6974 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6974

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring
certain mass transit providers to provide an additional gender option on
systems used for reservations, ticketing and check-in in order to accu-
rately reflect a traveler's gender

 
PURPOSE:

to require mass transit providers who require a passenger to identify
their gender to travel to permit the use of an 'X' or otherwise conform
their gender to their NYS driver's license or non-driver identification.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Adds section 128 to the General Business Law so that business
of mass-transportation of the general public on an airplane, railroad
train, bus or cruise ship shall update its reservation, ticketing and
check-in website applications to include an additional gender marker

option to allow transgender, gender non-binary and gender non-conforming
travelers to select their gender based on self-attestation, regardless
of the sex assigned at birth. The additional gender option may be speci-
fied as "Unspecified", "Undisclosed" or "X", or any combination thereof.

Section 2: Effective date.

 
JUSTIFICATION:

Since May of 2022 NYS has permitted non-binary, transgender and/or
otherwise gender non-conforming individuals to use an 'X' as a gender
marker on their driver's license on non-driver ID. Commercial airline
carriers require a passenger to enter their name, address and gender as
it appears on their driver's license when booking passage. Some carriers
only permit a person to enter a "M" or "F" for their gender with no
other option, for people who have changes their NYS identification to an
'X' for their gender this could be an impediment to travel.

Non-binary, transgender and gender non-conforming people have been under
attack throughout the United States. 22 states and Washington D.C. now
permit an 'X' as a gender marker on a government ID. Mass transportation
carriers who have not yet conformed their ticketing practices to permit
an 'X' will now have to comply with New York State law when selling
tickets within NYS state.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6974 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6974
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   certain  mass transit providers to provide an additional gender option
   on systems used for reservations, ticketing and check-in in  order  to
   accurately reflect a traveler's gender
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 128 to read as follows:
   § 128. TICKETING GENDER OPTIONS. 1. NOTWITHSTANDING ANY LAW,  RULE  OR
 REGULATION  TO  THE  CONTRARY, NO LATER THAN JANUARY FIRST, TWO THOUSAND
 TWENTY-FOUR, ANY ENTITY DOING BUSINESS IN THIS STATE AND ENGAGED IN  THE
 BUSINESS  OF  MASS-TRANSPORTATION  OF THE GENERAL PUBLIC ON AN AIRPLANE,
 RAILROAD TRAIN, BUS OR CRUISE SHIP SHALL UPDATE ITS RESERVATION, TICKET-
 ING AND CHECK-IN WEBSITE APPLICATIONS TO INCLUDE  AN  ADDITIONAL  GENDER
 MARKER  OPTION  TO  ALLOW TRANSGENDER, GENDER NON-BINARY AND GENDER NON-
 CONFORMING TRAVELERS TO SELECT THEIR GENDER BASED  ON  SELF-ATTESTATION,
 REGARDLESS  OF  THE  SEX ASSIGNED AT BIRTH. THE ADDITIONAL GENDER OPTION
 MAY BE SPECIFIED AS "UNSPECIFIED", "UNDISCLOSED" OR "X", OR ANY COMBINA-
 TION THEREOF.
   2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO:
   A. ANY GOVERNMENTAL ENTITY;
   B. ANY ENTITY PROVIDING PRIVATE TRANSPORTATION SERVICES;
   C. ANY ENTITY PROVIDING MASS-TRANSPORTATION CITY BUS SERVICES; OR
   D. ANY ENTITY PROVIDING MASS-TRANSPORTATION SERVICES  TO  THE  GENERAL
 PUBLIC  THAT  DO NOT REQUIRE MEMBERS OF THE PUBLIC TO MAKE A RESERVATION
 OR PURCHASE A TICKET IN ADVANCE TO UTILIZE THE TRANSPORTATION SERVICES.
   § 2. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08278-01-3

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