NY State Senate Bill 2023-S8680A

Senate Bill S8680A

2023-2024 Legislative Session

Requires all municipalities to update all applicable forms and data systems to include a gender "x" option

download bill text pdf

Current Bill Status - In Senate Committee Codes 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
May 20, 2024	print number 8680a
May 20, 2024	amend and recommit to codes
Feb 28, 2024	referred to codes

Bill Amendments

Original

A (Active)

2023-S8680 - Details

See Assembly Version of this Bill:: A8241
Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Add §79-r, Civ Rts L

2023-S8680 - Summary

Requires all municipalities to update all applicable forms and data systems to include a gender "x" option.

2023-S8680 - Sponsor Memo

                                 
BILL NUMBER: S8680

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the civil rights law, in relation to requiring all muni-
cipalities to update all applicable forms and data systems to include a
gender "x" option

 
PURPOSE OR GENERAL IDEA OF BILL:

To expand civil rights Gender X provisions to include all munici-
palities.

 
SUMMARY OF PROVISIONS:

Section 1(1). Adds a new section 79-r to the civil rights law, which
provides for municipalities that collect demographic information to
include an option gender "x" for gender or sex

Section 1(2). Provides that municipalities shall update physical forms
and online forms by January 1, 2026.

Section 1(3). Provides that a municipality that cannot comply shall post
on their website the steps taken to comply with the law.

Section 2. Effective Date.

 
JUSTIFICATION:

New York driver's licenses and U.S. passports now offer an 'X' gender
marker alongside 'F' and 'M,' and this bill extends this inclusivity to
local municipal governments. In recent years, there has been a growing
recognition of the importance of gender diversity and inclusivity in
official documents and forms. A key aspect of this movement is the
inclusion of a non-binary or 'X' gender marker option alongside the
traditional 'F' for female and 'M' for male markers.

Section 79-q of the civil rights law requires state agencies to provide
gender options F, M and X on physical forms, online forms and data
systems. This bill extends such requirements to municipalities with
compliance by January 1, 2026.

New York, through the passage of a bill passed by this legislative body,
has made it possible for residents to select a gender marker on their
drivers licenses that represents their gender identity, reducing
discrimination and discomfort faced by those whose gender identity
doesn't conform to the binary 'F' or 'M' options. Additionally, the U.S.
Department of State, responsible for issuing passports, has made it
possible to choose an 'X' gender marker on passport applications.
Having the "X" gender marker option at the municipal level reduces the
potential for errors and discrepancies in government records.  Allowing
individuals to choose a gender marker that aligns with their identity
promotes accurate record-keeping and minimizes the need for costly and
time-consuming corrections or updates, benefiting both individuals and
government agencies.



The inclusion of an 'X' gender marker option on forms is a significant
step towards promoting inclusivity, respect, and accurate record-keeping
and creates a more welcoming and equitable society for all.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S8680 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8680
 
                             I N  S E N A T E
 
                             February 28, 2024
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Codes
 
 AN ACT to amend the civil rights law, in relation to requiring all muni-
   cipalities to update all applicable forms and data systems to  include
   a gender "x" option
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  The civil rights law is amended by adding  a  new  section
 79-r to read as follows:
   § 79-R. COLLECTION OF GENDER OR SEX DESIGNATION INFORMATION BY MUNICI-
 PALITIES.  1. ALL NEW YORK STATE MUNICIPALITIES THAT COLLECT DEMOGRAPHIC
 INFORMATION ABOUT A PERSON'S GENDER OR SEX SHALL MAKE AVAILABLE  TO  THE
 PERSON AT THE POINT OF DATA COLLECTION AN OPTION TO MARK THEIR GENDER OR
 SEX AS "X".
   2.  ALL MUNICIPALITIES SHALL UPDATE ANY APPLICABLE PHYSICAL AND ONLINE
 FORMS OR DATA SYSTEMS BY JANUARY FIRST, TWO THOUSAND TWENTY-SIX.
   3. A MUNICIPALITY THAT CANNOT COMPLY WITH  THE  REQUIREMENTS  OF  THIS
 SECTION  SHALL, AT LEAST SIXTY DAYS BEFORE THE APPLICABLE DEADLINE, POST
 PUBLICLY ON ITS WEBSITE A WRITTEN PROGRESS REPORT  THAT  DESCRIBES  WITH
 SPECIFICITY  THE  STEPS  THE  MUNICIPALITY HAS TAKEN TO COMPLY WITH THIS
 SECTION, THE IMPEDIMENTS THAT PREVENTED  COMPLIANCE,  AND  AN  ESTIMATED
 TIME  FRAME  FOR  COMPLIANCE. SUCH WRITTEN REPORT SHALL BE UPDATED EVERY
 SIX MONTHS FROM THE DATE OF THE ORIGINAL POSTING.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13246-06-4

2023-S8680A (ACTIVE) - Details

See Assembly Version of this Bill:: A8241
Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Add §79-r, Civ Rts L

2023-S8680A (ACTIVE) - Summary

Requires all municipalities to update all applicable forms and data systems to include a gender "x" option.

2023-S8680A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8680A

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the civil rights law, in relation to requiring all muni-
cipalities to update all applicable forms and data systems to include a
gender "x" option

 
PURPOSE OR GENERAL IDEA OF BILL:

To expand civil rights Gender X provisions to include all municipalities

 
SUMMARY OF PROVISIONS:

Section 1(1) adds a new section 79-r to the civil rights law, which
provides for municipalities that collect demographic information to
include an option gender "x" for gender or sex.

Section 1(2) provides that municipalities shall update physical and
online forms and data systems in the regular course of business to
include a gender "x" option.

Section 2 establishes the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The amended version of this bill deletes the deadline for municipalities
to comply with this bill and removes the requirement for municipalities
which do not comply to post a written progress report.  The amended bill
also describes how municipalities shall update their forms.

 
JUSTIFICATION:

New York driver's licenses and U.S.  passports now offer an 'X' gender
marker alongside 'F' and 'M,' and this bill extends this inclusivity to
local municipal governments. In recent years, there has been a growing
recognition of the importance of gender diversity and inclusivity in
official documents and forms. A key aspect of this movement is the
inclusion of a non-binary or 'X' gender marker option alongside the
traditional 'F' for female and 'M' for male markers.

Section 79-q of the civil rights law requires state agencies to provide
gender options F, M and X on physical forms, online forms and data
systems. This bill extends such requirements to municipalities with
compliance by January 1, 2026.

New York, through the passaae of a bill passed by this legislative body,
has made it possible for residents to select a gender marker on their
drivers licenses that represents their gender identity, reducing
discrimination and discomfort faced by those whose gender identity
doesn't conform to the binary 'F' or 'M' options.  Additionally, the
U.S. Department of State, responsible for issuing passports, has made it
possible to choose an 'X' gender marker on passport applications. Having
the "X" gender marker option at the municipal level reduces the poten-
tial for errors and discrepancies in government records. Allowing indi-
viduals to choose a gender marker that aligns with their identity
promotes accurate record-keeping and minimizes the need for costly and

time-consuming corrections or updates, benefiting both individuals and
government agencies.

The inclusion of an 'X' gender marker option on forms is a significant
step towards promoting inclusivity, respect, and accurate record-keeping
and creates a more welcoming and equitable society for all.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S8680A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8680--A
 
                             I N  S E N A T E
 
                             February 28, 2024
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the civil rights law, in relation to requiring all muni-
   cipalities  to update all applicable forms and data systems to include
   a gender "x" option

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    The civil rights law is amended by adding a new section
 79-r to read as follows:
   § 79-R. COLLECTION OF GENDER OR SEX DESIGNATION INFORMATION BY MUNICI-
 PALITIES. 1. ALL NEW YORK STATE MUNICIPALITIES THAT COLLECT  DEMOGRAPHIC
 INFORMATION  ABOUT  A PERSON'S GENDER OR SEX SHALL MAKE AVAILABLE TO THE
 PERSON AT THE POINT OF DATA COLLECTION AN OPTION TO MARK THEIR GENDER OR
 SEX AS "X".
   2. ALL MUNICIPALITIES SHALL UPDATE ANY APPLICABLE PHYSICAL AND  ONLINE
 FORMS  OR  DATA SYSTEMS IN THE REGULAR COURSE OF BUSINESS INCLUDING, BUT
 NOT LIMITED TO:
   (A) UPDATING PRINTED FORMS TO INCLUDE THE GENDER "X" OPTION WHEN  SUCH
 FORMS ARE BEING REORDERED;
   (B)   UPDATING  WEBSITES,  WEBPAGES,  PUBLIC  FACING  ONLINE  INTERNET
 SERVICES TO INCLUDE THE GENDER "X" OPTION WHEN SUCH  WEBSITES,  WEBPAGES
 AND  PUBLIC FACING ONLINE INTERNET SERVICES ARE BEING UPDATED; AND
   (C)  UPDATING  ANY  LINKS  OR  OTHER  FORMS  OF SHARING WHEN WEBSITES,
 WEBPAGES OR OTHER PUBLIC  FACING  ONLINE  INTERNET  SERVICES  ARE  BEING
 UPDATED TO REFLECT FORMS THAT HAVE THE GENDER "X" OPTION.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13246-08-4

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