S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10260
 
                           I N  A S S E M B L Y
 
                              March 27, 2018
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Governmental Operations
 
 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  repealing  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:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "Gender Recognition Act".
   § 2. The civil rights law is amended by adding a  new  section  66  to
 read as follows:
   §  66. CHANGE OF NAME TO CONFORM TO GENDER IDENTITY. 1. ANY PERSON MAY
 ELECT TO ASSUME A NEW NAME  FOR  PURPOSES  OF  CHANGING  THEIR  NAME  TO
 CONFORM TO THEIR GENDER IDENTITY.
   2.  THE  PROCEEDING  FOR  A CHANGE OF NAME TO CONFORM THE PETITIONER'S
 NAME TO THE PETITIONER'S GENDER IDENTITY IS EXEMPT FROM ANY  REQUIREMENT
 FOR PUBLICATION.
   §  3.  Subdivision 1 of section 502 of the vehicle and traffic law, as
 amended by chapter 487 of the laws of 2012, is REPEALED.
   § 4. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
 amended by chapter 465 of the laws of 2012, the third undesignated para-
 graph  as amended by chapter 248 of the laws of 2016, is amended to read
 as follows:
   1. Application for license. Application for a driver's  license  shall
 be  made to the commissioner. The fee prescribed by law may be submitted
 with such application. The applicant shall furnish such proof of identi-
 ty, age, GENDER CATEGORY, and fitness as may be required by the  commis-
 sioner.    THE  APPLICANT  SHALL  CHOOSE  THEIR GENDER CATEGORY OF MALE,
 FEMALE, OR NONBINARY, AND THE COMMISSIONER SHALL NOT REQUIRE  DOCUMENTA-
 TION  FOR  AN  ORIGINAL DRIVER'S LICENSE APPLICANT'S INITIAL CHOICE OF A
 GENDER CATEGORY OR A LICENSED APPLICANT'S REQUEST FOR AN AMENDMENT TO  A
 GENDER  CATEGORY OTHER THAN THE FOLLOWING: THE APPLICANT'S SELF-CERTIFI-
 CATION OF THEIR CHOSEN GENDER CATEGORY;  OR  DOCUMENTATION  REQUIRED  BY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15215-02-8

 A. 10260                            2
 
 THIS  CHAPTER  AS  NECESSARY  TO ESTABLISH THAT AN APPLICANT IS LAWFULLY
 ENTITLED TO A LICENSE. The commissioner may also provide that the appli-
 cation procedure shall include the taking of a photo image or images  of
 the applicant in accordance with rules and regulations prescribed by the
 commissioner.  In addition, the commissioner also shall require that the
 applicant provide [his or her] SUCH APPLICANT'S social security  number,
 SHALL  PROVIDE  SPACE  SO THAT THE APPLICANT MAY REQUEST A NOTATION UPON
 SUCH LICENSE THAT THE APPLICANT IS A VETERAN OF THE UNITED STATES  ARMED
 FORCES, and shall provide space on the application so that the applicant
 may register in the New York state organ and tissue donor registry under
 section  forty-three  hundred  ten  of  the  public  health law with the
 following stated on the application in clear and conspicuous type:
   "You must fill out the following section: Would you like to  be  added
 to  the  Donate  Life  Registry? Check box for 'yes' or 'skip this ques-
 tion'."
   The commissioner of health shall not maintain records  of  any  person
 who checks "skip this question". Except where the application is made in
 person  or  electronically,  failure to check a box shall not impair the
 validity of an application, and failure to check "yes" or checking "skip
 this question" shall not be construed to imply a wish not to donate.  In
 the  case  of  an  applicant under eighteen years of age, checking "yes"
 shall not constitute consent to make an anatomical gift or  registration
 in  the  donate  life registry, except as otherwise provided pursuant to
 the provisions of paragraph (b) of subdivision  one  of  section  forty-
 three  hundred  one  of  the  public  health law. Where an applicant has
 previously consented to make an anatomical gift  or  registered  in  the
 donate  life registry, checking "skip this question" or failing to check
 a box shall not impair that consent or  registration.  In  addition,  an
 applicant  for  a commercial driver's license who will operate a commer-
 cial motor vehicle in interstate commerce shall certify that such appli-
 cant meets the requirements to operate a commercial  motor  vehicle,  as
 set  forth  in public law 99-570, title XII, and title 49 of the code of
 federal regulations, and  all  regulations  promulgated  by  the  United
 States  secretary of transportation under the hazardous materials trans-
 portation act. In addition,  an  applicant  for  a  commercial  driver's
 license shall submit a medical certificate at such intervals as required
 by  the  federal  motor  carrier safety improvement act of 1999 and Part
 383.71(h) of title 49 of the code of  federal  regulations  relating  to
 medical  certification  and  in a manner prescribed by the commissioner.
 For purposes of this section  and  sections  five  hundred  three,  five
 hundred ten-a, and five hundred ten-aa of this title, the terms "medical
 certificate" and "medical certification" shall mean a form substantially
 in  compliance  with the form set forth in Part 391.43(h) of title 49 of
 the code of federal regulations. Upon a determination that the holder of
 a commercial driver's license has made any false statement, with respect
 to the application for such license, the commissioner shall revoke  such
 license.
   § 5. The section heading and paragraph (e) of subdivision 1 of section
 4138 of the public health law, the section heading as amended by chapter
 201  of  the laws of 1972 and paragraph (e) as amended by chapter 214 of
 the laws of 1998, are amended and a new subdivision 8 is added  to  read
 as follows:
   Birth  certificate;  new certificate in case of subsequent marriage of
 unwed parents; adoption; adjudication  of  parentage;  change  of  name;
 GENDER TRANSITION.

 A. 10260                            3
 
   (e) the certificate of birth of a child born out of wedlock as defined
 in paragraph (b) of subdivision one of section four thousand one hundred
 thirty-five  of this article has been filed without entry of the name of
 the father and the commissioner thereafter receives  the  acknowledgment
 of  paternity  pursuant  to  section  one hundred eleven-k of the social
 services law or section four thousand one hundred thirty-five-b of  this
 article  executed by the putative father and mother which authorizes the
 entry of the name of  such  father,  and  which  may  also  authorize  a
 conforming change in the surname of the child; OR,
   (F) PROPER PROOF IS SUBMITTED TO THE COMMISSIONER FROM OR BY THE CLERK
 OF  A COURT OF A COMPETENT JURISDICTION TO REFLECT A CHANGE OF GENDER TO
 FEMALE, MALE,  OR  NONBINARY  PURSUANT  TO  SUBDIVISION  EIGHT  OF  THIS
 SECTION.
   8.  THE  COMMISSIONER  SHALL REQUIRE THAT A PETITION PURSUANT TO PARA-
 GRAPH (F) OF SUBDIVISION ONE OF THIS SECTION BE ACCOMPANIED BY AN  AFFI-
 DAVIT  ATTESTING  UNDER PENALTY OF PERJURY THAT THE REQUEST FOR A CHANGE
 OF GENDER TO FEMALE, MALE, OR NONBINARY IS TO CONFORM THE PERSON'S LEGAL
 GENDER TO THE PERSON'S GENDER IDENTITY AND IS NOT MADE FOR  ANY  FRAUDU-
 LENT PURPOSE. IN ADDITION, IF APPLICABLE, THE PETITION SHALL BE ACCOMPA-
 NIED  BY  A CERTIFIED COPY OF THE COURT ORDER FROM A COMPETENT JURISDIC-
 TION CHANGING THE APPLICANT'S NAME PURSUANT TO SECTION SIXTY-SIX OF  THE
 CIVIL RIGHTS LAW.
   § 6. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.