New Jersey expands transgender rights as Murphy OKs identity bill, film tax credits

Dustin Racioppi | NorthJersey

Show Caption Hide Caption Operation for transgender man a first in NJ Dr. Jonathan Keith performed the first operation in New Jersey to create a penis for a transgender man, using skin and tissue from his forearm.

Gov. Phil Murphy on Tuesday continued his trend of reversing the policies of his Republican predecessor by signing bills into law giving greater rights to transgender people and allowing tax credits for filming in New Jersey.

Murphy also approved measures to give police and firefighters more control over their pension investments, fulfilling a longstanding desire of union leaders, and to allow toxic water to be treated at a South Jersey facility.

Here's a breakdown of what Murphy signed Tuesday:

Transgender rights

New Jersey joined a small group of states to allow people to amend their birth certificate without proof of having undergone a sex-change operation.

Another bill Murphy signed, S-493, allows a person's changed gender identity to be reflected on death certificates.

Murphy also announced the creation of the Transgender Equality Task Force, a 17-member body that will be charged with assessing the legal and societal barriers for transgender individuals, particularly in the areas of health care, education, housing and criminal justice, according to the bill, S-705.

The actions represent movement by Murphy toward fulfilling a campaign promise to protect and expand the rights of lesbian, gay, bisexual and transgender individuals, commonly known as members of the LGBT community.

“Today is an important day for New Jersey as we continue to strive toward equality for all of our residents, regardless of sex or gender expression,” Murphy said in a statement.

“Allowing vital records to match gender identity is an important step forward that will allow transgender individuals to control the disclosure of their transgender status. And by creating a Transgender Equality Task Force, New Jersey can ensure that all residents receive the protections they deserve," Murphy said. "New Jersey will continue to stand with our LGBTQ residents in the continued pursuit of similar rights nationwide.”

Former Gov. Chris Christie, a Republican, twice vetoed the birth certificate bill, S-478, citing "legal uncertainties." But the American Medical Association called in 2014 for states to stop requiring surgery as a condition of amending birth certificates because it did not reflect all the options to change one's sex.

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The birth certificate measure will now be known as the Babs Siperstein Law, named for the advocate who pressed for its passage. According to the bill, a person must complete and submit a form from the state registrar affirming under penalty of perjury "that the request for a change in gender — to female, male, or undesignated/non-binary — is made for the purpose of conforming with that person’s gender identity and is not for any fraudulent purpose."

Murphy's actions were praised by Garden State Equality, the gay-rights organization that helped draft the legislation. The group said New Jersey is the 17th state to enact a law dropping the surgery requirement for amending a birth certificate and just the fourth, behind California, Oregon and Washington, to allow for a third gender option on the document.

"New Jersey has finally removed the outdated, invasive and overly burdensome proof-of-surgery requirement. Furthermore, we have created a path for people who identify outside the binary to access accurate documents," said Aaron Potenza, the group's director of programs. "I am proud to have worked with the National Center for Transgender Equality, with activists like Babs Siperstein and with our allies in the Legislature, to modernize the process for changing gender markers on New Jersey birth certificates."

Film tax credits

Murphy also signed what's known as the Garden State Film and Digital Media Jobs Act, a potentially money-losing tax-credit program. Christie had suspended the program because, he said, it was unsustainable.

The bill, S-122, was passed last month and would give up to $75 million in tax credits for film production and up to $10 million for digital media over five years. The credits could cost the state up to $425 million in direct revenue, according to the Office of Legislative Services.

Murphy had returned the bill to the Legislature with suggestions to lure companies to make significant efforts to hire diverse casts and crews. The Legislature complied with those suggestions before Murphy signed the bill.

Despite the potential loss of hundreds of millions in revenue, Murphy and bill sponsors viewed it as a positive for the state.

“The film and digital media industry is poised to become a dynamic part of New Jersey’s economy, one that will create good-paying union jobs and countless residual benefits to the economy,” Murphy said in a statement. “By signing this legislation, we are allowing these companies to take advantage of New Jersey’s unique culture, location and geography."

Pension spinoff

Another law Murphy signed Tuesday, S-5, spins off management of the retirement fund for police and firefighters from New Jersey’s larger pension system, giving the employees more control over investment decisions and benefits.

Murphy conditionally vetoed an earlier version of the bill and added protections to make it harder for a new board of trustees to make benefit enhancements or restore cost-of-living adjustments that were frozen under Christie. The state's major police and fire unions support the changes and hope the new law will help insulate their fund from harmful policy decisions by the state.

“It places in the hands of [Police and Firemen’s Retirement System] members and their employers the tools to do what the state has failed to do for too long: focus on fully funding the system,” Pat Colligan, president of the state Policemen’s Benevolent Association, said in a statement.

Wastewater treatment

Murphy also signed a bill that will allow toxic water to be treated at a South Jersey facility after he conditionally vetoed the measure in May, saying it needed more environmental safeguards.

After changes to the bill, S-879, the DuPont Chambers Works in Salem County will need a number of permits from the Department of Environmental Protection before being allowed to resume treatment of toxic water and discharge it into the Delaware River — a practice the company halted six years ago.

Environmentalists wanted Murphy to issue an outright veto instead of offering a compromise. They say the facility, owned by DuPont’s spinoff company Chemours, will likely accept chemicals and water used to frack natural gas from underground rock formations in northeast Pennsylvania.

Staff Writers Nicholas Pugliese and Scott Fallon contributed to this article. Email: racioppi@northjersey.com