NY State Assembly Bill 2019-A5395C

Assembly Bill A5395C

2019-2020 Legislative Session

Relates to the designation of sex by applicants for non-driver identification cards, drivers' licenses and learners' permits

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Archive: Last Bill Status - In Assembly 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 08, 2020	referred to ways and means
Jun 17, 2019	print number 5395c
Jun 17, 2019	amend and recommit to ways and means
Jun 05, 2019	reported referred to ways and means
May 30, 2019	print number 5395b
May 30, 2019	amend (t) and recommit to transportation
Apr 17, 2019	print number 5395a
Apr 17, 2019	amend and recommit to transportation
Feb 11, 2019	referred to transportation

Bill Amendments

Original

C (Active)

co-Sponsors

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2019-A5395 - Details

Current Committee:: Assembly Ways And Means
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§490 & 502, V & T L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A8524
2021-2022: A7461

2019-A5395 - Summary

Provides three options for the designation of sex by applicants for non-driver identification cards, drivers' licenses and learners' permits.

2019-A5395 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5395
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2019
                                ___________
 
 Introduced  by  M.  of A. ORTIZ, DAVILA, PICHARDO, TAYLOR, MOSLEY, COOK,
   SEAWRIGHT, CARROLL, DE LA ROSA, QUART -- Multi-Sponsored by --  M.  of
   A. SIMON -- read once and referred to the Committee on Transportation
 
 AN  ACT  to amend the vehicle and traffic law, in relation to the desig-
   nation of sex  by  applicants  for  driver's  licenses  and  learner's
   permits
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 502 of the vehicle and traffic law  is  amended  by
 adding a new subdivision 8 to read as follows:
   8.  DESIGNATION  OF  SEX.  ANY  APPLICATION  REQUIRED PURSUANT TO THIS
 SECTION THAT REQUIRES THE APPLICANT TO DESIGNATE HIS OR  HER  SEX  SHALL
 PROVIDE  THREE  OPTIONS. SUCH OPTIONS SHALL INCLUDE "MALE", "FEMALE" AND
 "X". FOR PURPOSES OF THIS SUBDIVISION, OPTION "X" MAY BE  DESIGNATED  BY
 ANY APPLICANT WHO DOES NOT IDENTIFY AS MALE OR FEMALE.
   §  2.  The  department  of  motor vehicles is authorized to promulgate
 rules and regulations  and  amend  forms  necessary  to  carry  out  the
 provisions of this act.
   § 3. 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 date.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05830-01-9

co-Sponsors

View additional co-sponsors

2019-A5395A - Details

Current Committee:: Assembly Ways And Means
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§490 & 502, V & T L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A8524
2021-2022: A7461

2019-A5395A - Summary

Provides three options for the designation of sex by applicants for non-driver identification cards, drivers' licenses and learners' permits.

2019-A5395A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5395--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2019
                                ___________
 
 Introduced  by  M.  of A. ORTIZ, DAVILA, PICHARDO, TAYLOR, MOSLEY, COOK,
   SEAWRIGHT, CARROLL, DE LA ROSA, QUART, GLICK, SIMOTAS,  REYES,  SIMON,
   LAVINE,  D'URSO,  CRUZ, DICKENS, O'DONNELL, ROMEO, EPSTEIN, GOTTFRIED,
   ARROYO, L. ROSENTHAL, BRONSON -- read once and referred to the Commit-
   tee on Transportation -- committee discharged, bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to amend the vehicle and traffic law, in relation to the desig-
   nation of sex  by  applicants  for  driver's  licenses  and  learner's
   permits
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 502 of the vehicle and traffic law  is  amended  by
 adding a new subdivision 8 to read as follows:
   8.  DESIGNATION  OF  SEX.  ANY  APPLICATION  REQUIRED PURSUANT TO THIS
 SECTION THAT REQUIRES THE APPLICANT TO DESIGNATE HIS OR  HER  SEX  SHALL
 PROVIDE  THREE  OPTIONS. SUCH OPTIONS SHALL INCLUDE "MALE", "FEMALE" AND
 "X". FOR PURPOSES OF THIS SUBDIVISION, OPTION "X" MAY BE  DESIGNATED  BY
 ANY APPLICANT WHO DOES NOT IDENTIFY AS MALE OR FEMALE.
   §  2.  The  department  of  motor vehicles is authorized to promulgate
 rules and regulations  and  amend  forms  necessary  to  carry  out  the
 provisions of this act.
   §  3. This act shall take effect one year after it shall have become a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective date are authorized to be made and completed on or before such
 date.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05830-02-9

co-Sponsors

View additional co-sponsors

2019-A5395B - Details

Current Committee:: Assembly Ways And Means
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§490 & 502, V & T L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A8524
2021-2022: A7461

2019-A5395B - Summary

Provides three options for the designation of sex by applicants for non-driver identification cards, drivers' licenses and learners' permits.

2019-A5395B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5395--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2019
                                ___________
 
 Introduced  by  M.  of A. ORTIZ, DAVILA, PICHARDO, TAYLOR, MOSLEY, COOK,
   SEAWRIGHT, CARROLL, DE LA ROSA, QUART, GLICK, SIMOTAS,  REYES,  SIMON,
   LAVINE,  D'URSO,  CRUZ, DICKENS, O'DONNELL, ROMEO, EPSTEIN, GOTTFRIED,
   ARROYO, L. ROSENTHAL, BRONSON -- read once and referred to the Commit-
   tee on Transportation -- committee discharged, bill  amended,  ordered
   reprinted  as  amended  and  recommitted  to  said  committee -- again
   reported from said committee with  amendments,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to amend the vehicle and traffic law, in relation to the desig-
   nation of sex by applicants for non-driver identification cards, driv-
   ers' licenses and learners' permits
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   The opening paragraph of subdivision 2 of section 490 of
 the vehicle and traffic law, as amended by chapter 465 of  the  laws  of
 2012, is amended to read as follows:
   Any person to whom a driver's license or learner's permit has not been
 issued  by  the  commissioner,  or  whose  driver's license or learner's
 permit is expired, suspended, revoked or surrendered, may make  applica-
 tion  to  the  commissioner  for the issuance of an identification card.
 WHENEVER THE APPLICATION REQUIRES AN APPLICANT TO DESIGNATE SUCH  APPLI-
 CANT'S  SEX,  THE COMMISSIONER SHALL PROVIDE THE FOLLOWING THREE OPTIONS
 ON SUCH APPLICATION: "MALE", "FEMALE" AND "X". OPTION "X"  MAY  INDICATE
 NON  BINARY,  INTERSEX, UNDESIGNATED, OR OTHER, AND MAY BE DESIGNATED BY
 ANY APPLICANT WHO SELF-CERTIFIES THERETO. The commissioner shall  ensure
 that  space  is  provided on the application so that the applicant shall
 register or decline registration in the donate life registry  for  organ
 and  tissue donations pursuant to section forty-three hundred ten of the
 public health law and that the following is stated on the application in
 clear and conspicuous type:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05830-08-9

 A. 5395--B                          2
 
   § 2. The opening paragraph of subdivision 1  of  section  502  of  the
 vehicle  and traffic law, as amended by chapter 465 of the laws of 2012,
 is amended to read as follows:
   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 identity, age, and fitness as may
 be required by the commissioner. The commissioner may also provide  that
 the  application  procedure shall include the taking of a photo image or
 images of  the  applicant  in  accordance  with  rules  and  regulations
 prescribed  by  the  commissioner.  WHENEVER THE APPLICATION REQUIRES AN
 APPLICANT TO DESIGNATE SUCH  APPLICANT'S  SEX,  THE  COMMISSIONER  SHALL
 PROVIDE  THE  FOLLOWING  THREE  OPTIONS  ON  SUCH  APPLICATION:  "MALE",
 "FEMALE" AND "X". OPTION "X" MAY INDICATE NON BINARY, INTERSEX, UNDESIG-
 NATED, OR OTHER, AND MAY BE DESIGNATED BY ANY APPLICANT WHO  SELF-CERTI-
 FIES  THERETO. In addition, the commissioner also shall require that the
 applicant provide his or her social security number  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:
   § 3. This act shall take effect one year after it shall have become  a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule  or  regulation necessary for the implementation of this act on its
 effective date are authorized to be made and completed on or before such
 date.

co-Sponsors

View additional co-sponsors

2019-A5395C (ACTIVE) - Details

Current Committee:: Assembly Ways And Means
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§490 & 502, V & T L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A8524
2021-2022: A7461

2019-A5395C (ACTIVE) - Summary

Provides three options for the designation of sex by applicants for non-driver identification cards, drivers' licenses and learners' permits.

2019-A5395C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5395--C
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2019
                                ___________
 
 Introduced  by  M.  of A. ORTIZ, DAVILA, PICHARDO, TAYLOR, MOSLEY, COOK,
   SEAWRIGHT, CARROLL, DE LA ROSA, QUART, GLICK, SIMOTAS,  REYES,  SIMON,
   LAVINE,  D'URSO,  CRUZ, DICKENS, O'DONNELL, ROMEO, EPSTEIN, GOTTFRIED,
   ARROYO, L. ROSENTHAL, BRONSON -- read once and referred to the Commit-
   tee on Transportation -- committee discharged, bill  amended,  ordered
   reprinted  as  amended  and  recommitted  to  said  committee -- again
   reported from said committee with  amendments,  ordered  reprinted  as
   amended  and recommitted to said committee -- reported and referred to
   the Committee on Ways and Means -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the vehicle and traffic law, in relation to  the  desig-
   nation of sex by applicants for non-driver identification cards, driv-
   ers' licenses and learners' permits
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 490 of  the  vehicle  and  traffic
 law,  as  amended by chapter 465 of the laws of 2012, the third undesig-
 nated paragraph as amended by chapter  248  of  the  laws  of  2016,  is
 amended to read as follows:
   2. Application. (A) Any person to whom a driver's license or learner's
 permit  has  not  been  issued  by  the  commissioner, or whose driver's
 license or learner's permit is expired, suspended,  revoked  or  surren-
 dered,  may  make application to the commissioner for the issuance of an
 identification  card.  The  commissioner  shall  ensure  that  space  is
 provided  on  the  application  so  that the applicant shall register or
 decline registration in the donate life registry for  organ  and  tissue
 donations  pursuant  to  section  forty-three  hundred ten of the public
 health law and that the following is stated on the application in  clear
 and conspicuous type:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05830-12-9

 A. 5395--C                          2
 
   "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.
   (B) THE IDENTIFICATION CARD SHALL DISPLAY THE SEX DESIGNATION OF M, F,
 OR  X  AS  CERTIFIED  BY THE APPLICANT, WITH NO ADDITIONAL DOCUMENTATION
 REQUIRED. THE APPLICANT MAY AMEND THE SEX DESIGNATION OF THEIR IDENTIFI-
 CATION CARD UPON REQUEST.
   § 2. 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, and fitness as may be required by the commissioner. THE LICENSE
 SHALL DISPLAY THE SEX DESIGNATION OF M, F, OR  X  AS  CERTIFIED  BY  THE
 APPLICANT, WITH NO ADDITIONAL DOCUMENTATION REQUIRED.  THE APPLICANT MAY
 AMEND  THE  SEX DESIGNATION OF THEIR DRIVER'S LICENSE UPON REQUEST. UPON
 AMENDMENT OF THE SEX DESIGNATION, THE CHANGE SHALL  BE  MADE  CONSISTENT
 THROUGH ALL AFFILIATED RECORDS WITHIN THE CONTROL OF THE DEPARTMENT. The
 commissioner  may  also  provide  that  the  application 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 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

 A. 5395--C                          3
 
 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.
   § 3. This act shall take effect one year after it shall have become  a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule  or  regulation necessary for the implementation of this act on its
 effective date are authorized to be made and completed on or before such
 date.

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Assembly Bill A5395C

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Sponsored By

ORTIZ

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Maritza Davila

Victor M. Pichardo

Al Taylor

Walter T. Mosley

2019-A5395 - Details

2019-A5395 - Summary

2019-A5395 - Bill Text download pdf

co-Sponsors

Maritza Davila

Victor M. Pichardo

Al Taylor

Walter T. Mosley

2019-A5395A - Details

2019-A5395A - Summary

2019-A5395A - Bill Text download pdf

co-Sponsors

Maritza Davila

Victor M. Pichardo

Al Taylor

Walter T. Mosley

2019-A5395B - Details

2019-A5395B - Summary

2019-A5395B - Bill Text download pdf

co-Sponsors

Maritza Davila

Victor M. Pichardo

Al Taylor

Walter T. Mosley

2019-A5395C (ACTIVE) - Details

2019-A5395C (ACTIVE) - Summary

2019-A5395C (ACTIVE) - Bill Text download pdf

Comments