Bill Text: NY S00056 | 2019-2020 | General Assembly | Amended
Bill Title: Enacts the "Gender Recognition Act"; repeals certain provisions of the vehicle and traffic law relating to driver's licenses.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S00056 Detail]
Download: New_York-2019-S00056-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 56--B 2019-2020 Regular Sessions IN SENATE (Prefiled) January 9, 2019 ___________ Introduced by Sen. HOYLMAN -- 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the civil rights law, the vehicle and traffic law and the public health law, in relation to enacting the "Gender Recognition Act"; and to repeal subdivision 1 of section 502 of the vehicle and traffic law relating to driver's licenses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "Gender Recognition Act". 3 § 2. Section 63 of the civil rights law, as amended by chapter 253 of 4 the laws of 2014, is amended to read as follows: 5 § 63. Order. If the court to which the petition is presented is satis- 6 fied thereby, or by the affidavit and certificate presented therewith, 7 that the petition is true, and that there is no reasonable objection to 8 the change of name proposed, and if the petition be to change the name 9 of an infant, that the interests of the infant will be substantially 10 promoted by the change, the court shall make an order authorizing the 11 petitioner to assume the name proposed. The order shall further recite 12 the date and place of birth of the applicant and, if the applicant was 13 born in the state of New York, such order shall set forth the number of 14 [his] the applicant's birth certificate or that no birth certificate is 15 available. The order shall be directed to be entered and the papers on 16 which it was granted to be filed [prior to the publication hereinafter17directed] in the clerk's office of the county in which the petitioner 18 resides if he be an individual, or in the office of the clerk of the 19 civil court of the city of New York if the order be made by that court. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03194-06-9S. 56--B 2 1 [Such order shall also direct the publication, at least once, within2sixty days after the making of the order, in a designated newspaper in3the county in which the order is directed to be entered and if the peti-4tion is made by a person subject to the provisions of subdivision two of5section sixty-two of this article, in a designated newspaper in any6county wherein such person was convicted if different from the county in7which the order is otherwise directed to be entered, of a notice in8substantially the following form: Notice is hereby given that an order9entered by the ............ court,............ county, on the ...... day10of......., bearing Index Number..........., a copy of which may be exam-11ined at the office of the clerk, located at ................., in room12number......., grants me the right to assume the name of13................... The city and state of my present address are14.........................; the month and year of my birth are15................; the place of my birth is ....................; my16present name is .................................] 17 § 3. Section 64 of the civil rights law, as amended by chapter 258 of 18 the laws of 2006, and the closing paragraph as separately amended by 19 chapters 258, 320 and 481 of the laws of 2006, is amended to read as 20 follows: 21 § 64. Effect. If the order [shall be fully complied with, and within22ninety days after the making of the order, an affidavit of the publica-23tion thereof shall be filed in the office in which the order] is 24 entered, the petitioner shall be known by the name which is thereby 25 authorized to be assumed. If the surname of a parent be changed as 26 provided in this article, any minor child of such parent at the time of 27 such change may thereafter assume such changed surname. 28 [Upon compliance with the order and the filing of the affidavit of the29publication, as provided in this section, the clerk of the court in30which the order has been entered shall certify that the order has been31complied with; and, if] (1) If the petition states that the petitioner 32 stands convicted of a violent felony offense as defined in section 70.02 33 of the penal law or a felony defined in article one hundred twenty-five 34 of such law or any of the following provisions of such law sections 35 130.25, 130.30, 130.40, 130.45, 255.25, 255.26, 255.27, article two 36 hundred sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two of 37 section 230.30 or 230.32, [such] the clerk of the court in which the 38 order has been entered [(1)] shall deliver, by first class mail, a copy 39 of such certified order to the division of criminal justice services at 40 its office in the county of Albany and (2) [upon the clerk of the court41reviewing the petitioner's application for name change and subsequent42in-court inquiry, may, in the clerk's discretion, deliver, by first43class mail, the petitioner's new name with such certified order to the44court of competent jurisdiction which imposed the orders of support.45Such certification shall appear on the original order and on any certi-46fied copy thereof and shall be entered in the clerk's minutes of the47proceeding] if the petition states that the petitioner is responsible 48 for spousal support or child support obligations pursuant to court 49 order, upon review of the petitioner's application for name change and 50 subsequent in-court inquiry, the court may, in its discretion, order the 51 petitioner to deliver by first class mail, the petitioner's new name 52 with such certified order to the court of competent jurisdiction which 53 imposed the orders of support. Such certification shall appear on the 54 original order and on any certified copy thereof and shall be entered in 55 the court's minutes of the proceeding.S. 56--B 3 1 § 4. Section 64-a of the civil rights law, as amended by chapter 241 2 of the laws of 2015, is amended to read as follows: 3 § 64-a. [Exemption from publication requirements] Sealing name change 4 papers. 1. If the court shall find that [the publication] open record of 5 an applicant's change of name would jeopardize such applicant's personal 6 safety, based on totality of the circumstances [the provisions of7sections sixty-three and sixty-four of this article requiring publica-8tion shall be waived and shall be inapplicable. Provided, however, the9court shall not deny such waiver soley on the basis that the applicant10lacks specific instances of or a personal history of threat to personal11safety. The], the court shall order the records of such change of name 12 proceeding [to] be sealed, to be opened only by order of the court for 13 good cause shown or at the request of the applicant. For the purposes 14 of this section, "totality of the circumstances" shall include, but not 15 be limited to, a consideration of the risk of violence or discrimination 16 against the applicant, including such applicant's status as transgender 17 or as the subject of domestic violence. The court shall not deny such 18 sealing request solely on the basis that the applicant lacks specific 19 instances of or a personal history of threat to personal safety. 20 2. Notwithstanding any other provision of law, pending such a finding 21 in subdivision one of this section where an applicant seeks relief under 22 this section, the court shall immediately order the applicant's current 23 name, proposed new name, residential and business addresses, telephone 24 numbers, and any other information contained in any pleadings or papers 25 submitted to the court to be safeguarded and sealed in order to prevent 26 their inadvertent or unauthorized use or disclosure while the matter is 27 pending. 28 § 5. The civil rights law is amended by adding a new article 6-A to 29 read as follows: 30 ARTICLE 6-A 31 CHANGE OF SEX DESIGNATION 32 Section 67. Petition to change of sex designation. 33 67-a. Order. 34 67-b. Sealing change of sex designation papers. 35 § 67. Petition to change of sex designation. 1. A petition for leave 36 to change sex designation may be made by a resident of the state to the 37 county court of the county or the supreme court in the county in which 38 such resident resides, or, if such resident resides in the city of New 39 York, either to the supreme court or to any branch of the civil court of 40 the city of New York, in any county of the city of New York. The peti- 41 tion to change the sex designation of an infant may be made by the 42 infant through either of such infant's parents, or by such infant's 43 general guardian or by the guardian of such infant's person. 44 2. When an individual petitions the court to recognize their gender 45 identity or to amend the sex designation on an identity document, the 46 court shall issue such an order upon receipt of an affidavit from such 47 individual attesting to their gender identity or reason for the change. 48 No additional medical evidence shall be required to grant such request. 49 No such order shall be required to amend an identity document issued 50 within New York state. No such order shall be required to otherwise 51 recognize the gender of an individual and treat them consistent with 52 their gender identity within New York state or under New York state law. 53 3. Such request may be made simultaneously with a petition for change 54 of name pursuant to section sixty or sixty-five of this chapter or on 55 its own.S. 56--B 4 1 § 67-a. Order. If the court to which the petition is presented is 2 satisfied thereby, or by the affidavit and certificate presented there- 3 with, that the petition is true, and that there is no reasonable 4 objection to the change of sex designation proposed, and if the petition 5 be to change the sex designation of an infant, that the interests of the 6 infant will be substantially promoted by the change, the court shall 7 make an order authorizing the petitioner to assume the sex designation 8 proposed. 9 § 67-b. Sealing change of sex designation papers. 1. Upon request of 10 the applicant, the court shall order the records of such change of sex 11 designation proceeding to be sealed, to be opened only by order of the 12 court for good cause shown or at the request of the applicant. 13 2. Notwithstanding any other provision of law, pending such a finding 14 in subdivision one of this section where an applicant seeks relief under 15 this section, the court shall immediately order the applicant's current 16 name, sex designation, proposed new sex designation, residential and 17 business addresses, telephone numbers, and any other information 18 contained in any pleadings or papers submitted to the court to be safe- 19 guarded and sealed in order to prevent their inadvertent or unauthorized 20 use or disclosure while the matter is pending. 21 § 6. Subdivision 3 of section 490 of the vehicle and traffic law is 22 amended by adding a new paragraph (d) to read as follows: 23 (d) The identification card shall display the sex designation of M, F, 24 or X as certified by the applicant, with no additional documentation 25 required. The applicant may amend the sex designation of their identifi- 26 cation card upon request. 27 § 7. Subdivision 1 of section 502 of the vehicle and traffic law, as 28 amended by chapter 487 of the laws of 2012, is REPEALED. 29 § 8. Subdivision 1 of section 502 of the vehicle and traffic law, as 30 amended by chapter 465 of the laws of 2012, the third undesignated para- 31 graph as amended by chapter 248 of the laws of 2016, is amended to read 32 as follows: 33 1. Application for license. Application for a driver's license shall 34 be made to the commissioner. The fee prescribed by law may be submitted 35 with such application. The applicant shall furnish such proof of identi- 36 ty, age, and fitness as may be required by the commissioner. The 37 license shall display the sex designation of M, F, or X as certified by 38 the applicant, with no additional documentation required. The applicant 39 may amend the sex designation of their driver's license upon request. 40 Upon amendment of the sex designation, the change shall be made consist- 41 ent through all affiliated records within the control of the department. 42 The commissioner may also provide that the application procedure shall 43 include the taking of a photo image or images of the applicant in 44 accordance with rules and regulations prescribed by the commissioner. In 45 addition, the commissioner also shall require that the applicant provide 46 [his or her] such applicant's social security number, shall provide 47 space so that the applicant may request a notation upon such license 48 that the applicant is a veteran of the United States armed forces, and 49 shall provide space on the application so that the applicant may regis- 50 ter in the New York state organ and tissue donor registry under section 51 forty-three hundred ten of the public health law with the following 52 stated on the application in clear and conspicuous type: 53 "You must fill out the following section: Would you like to be added 54 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 55 tion'."S. 56--B 5 1 The commissioner of health shall not maintain records of any person 2 who checks "skip this question". Except where the application is made in 3 person or electronically, failure to check a box shall not impair the 4 validity of an application, and failure to check "yes" or checking "skip 5 this question" shall not be construed to imply a wish not to donate. In 6 the case of an applicant under eighteen years of age, checking "yes" 7 shall not constitute consent to make an anatomical gift or registration 8 in the donate life registry, except as otherwise provided pursuant to 9 the provisions of paragraph (b) of subdivision one of section forty- 10 three hundred one of the public health law. Where an applicant has 11 previously consented to make an anatomical gift or registered in the 12 donate life registry, checking "skip this question" or failing to check 13 a box shall not impair that consent or registration. In addition, an 14 applicant for a commercial driver's license who will operate a commer- 15 cial motor vehicle in interstate commerce shall certify that such appli- 16 cant meets the requirements to operate a commercial motor vehicle, as 17 set forth in public law 99-570, title XII, and title 49 of the code of 18 federal regulations, and all regulations promulgated by the United 19 States secretary of transportation under the hazardous materials trans- 20 portation act. In addition, an applicant for a commercial driver's 21 license shall submit a medical certificate at such intervals as required 22 by the federal motor carrier safety improvement act of 1999 and Part 23 383.71(h) of title 49 of the code of federal regulations relating to 24 medical certification and in a manner prescribed by the commissioner. 25 For purposes of this section and sections five hundred three, five 26 hundred ten-a, and five hundred ten-aa of this title, the terms "medical 27 certificate" and "medical certification" shall mean a form substantially 28 in compliance with the form set forth in Part 391.43(h) of title 49 of 29 the code of federal regulations. Upon a determination that the holder of 30 a commercial driver's license has made any false statement, with respect 31 to the application for such license, the commissioner shall revoke such 32 license. 33 § 9. Section 4132 of the public health law is amended by adding a new 34 subdivision 5 to read as follows: 35 5. Each parent of the child may choose to be designated on the 36 original certificate of birth or by amendment as "father" or "mother" or 37 "parent". 38 § 10. The section heading and paragraph (e) of subdivision 1 of 39 section 4138 of the public health law, the section heading as amended by 40 chapter 201 of the laws of 1972 and paragraph (e) of subdivision 1 as 41 amended by chapter 214 of the laws of 1998, are amended and a new para- 42 graph (f) is added to subdivision 1 to read as follows: 43 Birth certificate; new certificate in case of subsequent marriage of 44 unwed parents; adoption; adjudication of parentage; change of name of 45 registrant or parent; gender transition of registrant or parent. 46 (e) the certificate of birth of a child born out of wedlock as defined 47 in paragraph (b) of subdivision one of section four thousand one hundred 48 thirty-five of this article has been filed without entry of the name of 49 the father and the commissioner thereafter receives the acknowledgment 50 of paternity pursuant to section one hundred eleven-k of the social 51 services law or section four thousand one hundred thirty-five-b of this 52 article executed by the putative father and mother which authorizes the 53 entry of the name of such father, and which may also authorize a 54 conforming change in the surname of the child; or, 55 (f) the commissioner shall issue a new birth certificate reflecting a 56 change of gender to female, male, or X, without a court order, for anyS. 56--B 6 1 person born in New York state who submits an application to change the 2 gender on the birth certificate and an affidavit attesting under penalty 3 of perjury that the request for a change of gender to (female, male, or 4 X) is to conform the person's documents and records to the person's 5 gender identity and is not made for any fraudulent purpose. A sex desig- 6 nation of X shall not be a required sex designation of any individual. 7 Upon receipt of the documentation, the commissioner shall establish a 8 new birth certificate reflecting the gender stated in the application 9 and any change in name, if accompanied by a court order for a change of 10 name. If such application is made on behalf of a minor, such affidavit 11 shall be signed by the minor's parent, legal guardian, medical provider, 12 or social services provider. 13 § 11. This act shall take effect on the one hundred eightieth day 14 after it shall have become a law. Effective immediately, the addition, 15 amendment and/or repeal of any rule or regulation necessary for the 16 implementation of this act on its effective date are authorized to be 17 made and completed on or before such effective date.
