S T A T E O F N E W Y O R K
________________________________________________________________________
3457--A
2019-2020 Regular Sessions
I N A S S E M B L Y
January 29, 2019
___________
Introduced by M. of A. ORTIZ, D'URSO, JAFFEE, ARROYO, TAYLOR, SIMOTAS,
SIMON, QUART, EPSTEIN, SEAWRIGHT, LAVINE, BRONSON, GOTTFRIED, GLICK --
Multi-Sponsored by -- M. of A. COOK -- read once and referred to the
Committee on Governmental Operations -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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:
Section 1. Short title. This act shall be known and may be cited as
the "Gender Recognition Act".
§ 2. Section 63 of the civil rights law, as amended by chapter 253 of
the laws of 2014, is amended to read as follows:
§ 63. Order. If the court to which the petition is presented is satis-
fied thereby, or by the affidavit and certificate presented therewith,
that the petition is true, and that there is no reasonable objection to
the change of name proposed, and if the petition be to change the name
of an infant, that the interests of the infant will be substantially
promoted by the change, the court shall make an order authorizing the
petitioner to assume the name proposed. The order shall further recite
the date and place of birth of the applicant and, if the applicant was
born in the state of New York, such order shall set forth the number of
[his] SUCH INFANT'S birth certificate or that no birth certificate is
available. The order shall be directed to be entered and the papers on
which it was granted to be filed [prior to the publication hereinafter
directed] in the clerk's office of the county in which the petitioner
resides if he be an individual, or in the office of the clerk of the
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.
LBD03194-02-9
A. 3457--A 2
[Such order shall also direct the publication, at least once, within
sixty days after the making of the order, in a designated newspaper in
the county in which the order is directed to be entered and if the peti-
tion is made by a person subject to the provisions of subdivision two of
section sixty-two of this article, in a designated newspaper in any
county wherein such person was convicted if different from the county in
which the order is otherwise directed to be entered, of a notice in
substantially the following form: Notice is hereby given that an order
entered by the ............ court,............ county, on the ...... day
of......., bearing Index Number..........., a copy of which may be exam-
ined at the office of the clerk, located at ................., in room
number......., grants me the right to assume the name of
................... The city and state of my present address are
.........................; the month and year of my birth are
................; the place of my birth is ....................; my
present name is .................................]
§ 2-a. Section 64 of the civil rights law, as amended by chapter 258
of the laws of 2006, and the closing paragraph as separately amended by
chapters 258, 320 and 481 of the laws of 2006, is amended to read as
follows:
§ 64. Effect. If the order [shall be fully complied with, and within
ninety days after the making of the order, an affidavit of the publica-
tion thereof shall be filed in the office in which the order] is
entered, the petitioner shall be known by the name which is thereby
authorized to be assumed. If the surname of a parent be changed as
provided in this article, any minor child of such parent at the time of
such change may thereafter assume such changed surname.
[Upon compliance with the order and the filing of the affidavit of the
publication, as provided in this section, the clerk of the court in
which the order has been entered shall certify that the order has been
complied with; and, if] IF the petition states that the petitioner
stands convicted of a violent felony offense as defined in section 70.02
of the penal law or a felony defined in article one hundred twenty-five
of such law or any of the following provisions of such law sections
130.25, 130.30, 130.40, 130.45, 255.25, 255.26, 255.27, article two
hundred sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two of
section 230.30 or 230.32, [such] THE clerk OF THE COURT IN WHICH THE
ORDER HAS BEEN ENTERED (1) shall deliver, by first class mail, a copy of
such certified order to the division of criminal justice services at its
office in the county of Albany and (2) upon the clerk of the court
reviewing the petitioner's application for name change and subsequent
in-court inquiry, may, in the clerk's discretion, deliver, by first
class mail, the petitioner's new name with such certified order to the
court of competent jurisdiction which imposed the orders of support.
Such certification shall appear on the original order and on any certi-
fied copy thereof and shall be entered in the clerk's minutes of the
proceeding.
§ 2-b. Section 64-a of the civil rights law, as amended by chapter 241
of the laws of 2015, is amended to read as follows:
§ 64-a. [Exemption from publication requirements] SEALING NAME CHANGE
PAPERS. 1. If the court shall find that [the publication] OPEN RECORD of
an applicant's change of name would jeopardize such applicant's personal
safety, based on totality of the circumstances [the provisions of
sections sixty-three and sixty-four of this article requiring publica-
tion shall be waived and shall be inapplicable. Provided, however, the
court shall not deny such waiver soley on the basis that the applicant
A. 3457--A 3
lacks specific instances of or a personal history of threat to personal
safety. The], THE court shall order the records of such change of name
proceeding [to] be sealed, to be opened only by order of the court for
good cause shown or at the request of the applicant. FOR THE PURPOSES
OF THIS SECTION, "TOTALITY OF THE CIRCUMSTANCES" SHALL INCLUDE, BUT NOT
BE LIMITED TO, A CONSIDERATION OF THE RISK OF VIOLENCE OR DISCRIMINATION
AGAINST THE APPLICANT, INCLUDING SUCH APPLICANT'S STATUS AS TRANSGENDER
OR AS THE SUBJECT OF DOMESTIC VIOLENCE.
2. Notwithstanding any other provision of law, pending such a finding
in subdivision one of this section where an applicant seeks relief under
this section, the court shall immediately order the applicant's current
name, proposed new name, residential and business addresses, telephone
numbers, and any other information contained in any pleadings or papers
submitted to the court to be safeguarded and sealed in order to prevent
their inadvertent or unauthorized use or disclosure while the matter is
pending.
§ 2-c. The civil rights law is amended by adding a new article 6-A to
read as follows:
ARTICLE 6-A
CHANGE OF SEX DESIGNATION
SECTION 67. PETITION TO CHANGE OF SEX DESIGNATION.
67-A. CONTENTS.
67-B. NOTICE.
67-C. ORDER.
67-D. EFFECT.
67-E. SEALING CHANGE OF SEX DESIGNATION PAPERS.
§ 67. PETITION TO CHANGE OF SEX DESIGNATION. 1. A PETITION FOR LEAVE
TO CHANGE SEX DESIGNATION MAY BE MADE BY A RESIDENT OF THE STATE TO THE
COUNTY COURT OF THE COUNTY OR THE SUPREME COURT IN THE COUNTY IN WHICH
SUCH RESIDENT RESIDES, OR, IF SUCH RESIDENT RESIDES IN THE CITY OF NEW
YORK, EITHER TO THE SUPREME COURT OR TO ANY BRANCH OF THE CIVIL COURT OF
THE CITY OF NEW YORK, IN ANY COUNTY OF THE CITY OF NEW YORK. THE PETI-
TION TO CHANGE THE NAME OF AN INFANT MAY BE MADE BY THE INFANT THROUGH
EITHER OF SUCH INFANT'S PARENTS, OR BY SUCH INFANT'S GENERAL GUARDIAN OR
BY THE GUARDIAN OF SUCH INFANT'S PERSON.
2. SUCH REQUEST MAY BE MADE SIMULTANEOUSLY WITH A PETITION FOR CHANGE
OF NAME PURSUANT TO SECTION SIXTY OR SIXTY-FIVE OF THIS CHAPTER OR ON
ITS OWN, THE RECORD TO BE SEALED UPON GOOD CAUSE SHOWN.
§ 67-A. CONTENTS. 1. THE PETITION SHALL BE IN WRITING, SIGNED BY THE
PETITIONER AND VERIFIED IN LIKE MANNER AS A PLEADING IN A COURT OF
RECORD, AND SHALL SPECIFY THE GROUNDS OF THE APPLICATION, THE NAME, DATE
OF BIRTH, PLACE OF BIRTH, AGE AND RESIDENCE OF THE INDIVIDUAL WHOSE SEX
DESIGNATION IS PROPOSED TO BE CHANGED AND THE SEX DESIGNATION WHICH SUCH
PETITIONER PROPOSES TO ASSUME.
2. UPON ALL APPLICATIONS FOR CHANGE OF NAME BY PERSONS BORN IN THE
STATE OF NEW YORK, THERE SHALL BE ANNEXED TO SUCH PETITION EITHER A
BIRTH CERTIFICATE OR A CERTIFIED TRANSCRIPT THEREOF OR A CERTIFICATE OF
THE COMMISSIONER OR LOCAL BOARD OF HEALTH THAT NONE IS AVAILABLE.
§ 67-B. NOTICE. 1. IF THE PETITION BE TO CHANGE THE SEX DESIGNATION OF
AN INFANT, NOTICE OF THE TIME AND PLACE WHEN AND WHERE THE PETITION WILL
BE PRESENTED MUST BE SERVED, IN LIKE MANNER AS A NOTICE OF A MOTION UPON
AN ATTORNEY IN AN ACTION, UPON (A) BOTH PARENTS OF THE INFANT, IF THEY
BE LIVING, UNLESS THE PETITION BE MADE BY ONE OF THE PARENTS, IN WHICH
CASE NOTICE MUST BE SERVED UPON THE OTHER, IF HE OR SHE BE LIVING, AND
(B) THE GENERAL GUARDIAN OR GUARDIAN OF THE PERSON, IF THERE BE ONE. BUT
IF ANY OF THE PERSONS, REQUIRED TO BE GIVEN NOTICE BY THIS SECTION,
A. 3457--A 4
RESIDE WITHOUT THE STATE, THEN THE NOTICE REQUIRED BY THIS SECTION MUST
BE SENT BY REGISTERED MAIL TO THE LAST KNOWN ADDRESS OF THE PERSON TO BE
SERVED. IF IT APPEARS TO THE SATISFACTION OF THE COURT THAT A PERSON
REQUIRED TO BE GIVEN NOTICE BY THIS SECTION CANNOT BE LOCATED WITH DUE
DILIGENCE WITHIN THE STATE, AND THAT SUCH PERSON HAS NO KNOWN ADDRESS
WITHOUT THE STATE, THEN THE COURT MAY DISPENSE WITH NOTICE OR REQUIRE
NOTICE TO BE GIVEN TO SUCH PERSONS AND IN SUCH MANNER AS THE COURT
THINKS PROPER.
§ 67-C. ORDER. IF THE COURT TO WHICH THE PETITION IS PRESENTED IS
SATISFIED THEREBY, OR BY THE AFFIDAVIT AND CERTIFICATE PRESENTED THERE-
WITH, THAT THE PETITION IS TRUE, AND THAT THERE IS NO REASONABLE
OBJECTION TO THE CHANGE OF NAME PROPOSED, AND IF THE PETITION BE TO
CHANGE THE NAME OF AN INFANT, THAT THE INTERESTS OF THE INFANT WILL BE
SUBSTANTIALLY PROMOTED BY THE CHANGE, THE COURT SHALL MAKE AN ORDER
AUTHORIZING THE PETITIONER TO ASSUME THE NAME PROPOSED. THE ORDER SHALL
FURTHER RECITE THE DATE AND PLACE OF BIRTH OF THE APPLICANT AND, IF THE
APPLICANT WAS BORN IN THE STATE OF NEW YORK, SUCH ORDER SHALL SET FORTH
THE NUMBER OF SUCH INFANT'S BIRTH CERTIFICATE OR THAT NO BIRTH CERTIF-
ICATE IS AVAILABLE. THE ORDER SHALL BE DIRECTED TO BE ENTERED AND THE
PAPERS ON WHICH IT WAS GRANTED TO BE FILED IN THE CLERK'S OFFICE OF THE
COUNTY IN WHICH THE PETITIONER RESIDES IF HE BE AN INDIVIDUAL, OR IN THE
OFFICE OF THE CLERK OF THE CIVIL COURT OF THE CITY OF NEW YORK IF THE
ORDER BE MADE BY THAT COURT.
§ 67-D. EFFECT. IF THE ORDER IS ENTERED, THE PETITIONER SHALL BE KNOWN
BY THE NAME WHICH IS THEREBY AUTHORIZED TO BE ASSUMED. IF THE SURNAME OF
A PARENT BE CHANGED AS PROVIDED IN THIS ARTICLE, ANY MINOR CHILD OF SUCH
PARENT AT THE TIME OF SUCH CHANGE MAY THEREAFTER ASSUME SUCH CHANGED
SURNAME.
§ 67-E. SEALING CHANGE OF SEX DESIGNATION PAPERS. 1. IF THE COURT
SHALL FIND THAT OPEN RECORD OF AN APPLICANT'S CHANGE OF SEX DESIGNATION
WOULD JEOPARDIZE SUCH APPLICANT'S PERSONAL SAFETY, BASED ON TOTALITY OF
THE CIRCUMSTANCES, THE COURT SHALL ORDER THE RECORDS OF SUCH CHANGE OF
SEX DESIGNATION PROCEEDING TO BE SEALED, TO BE OPENED ONLY BY ORDER OF
THE COURT FOR GOOD CAUSE SHOWN OR AT THE REQUEST OF THE APPLICANT. FOR
THE PURPOSES OF THIS SECTION, "TOTALITY OF THE CIRCUMSTANCES" SHALL
INCLUDE, BUT NOT BE LIMITED TO, A CONSIDERATION OF THE RISK OF VIOLENCE
OR DISCRIMINATION AGAINST THE APPLICANT, INCLUDING SUCH APPLICANT'S
STATUS AS TRANSGENDER OR AS THE SUBJECT OF DOMESTIC VIOLENCE.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, PENDING SUCH A FINDING
IN SUBDIVISION ONE OF THIS SECTION WHERE AN APPLICANT SEEKS RELIEF UNDER
THIS SECTION, THE COURT SHALL IMMEDIATELY ORDER THE APPLICANT'S CURRENT
NAME, SEX DESIGNATION, PROPOSED NEW SEX DESIGNATION, RESIDENTIAL AND
BUSINESS ADDRESSES, TELEPHONE NUMBERS, AND ANY OTHER INFORMATION
CONTAINED IN ANY PLEADINGS OR PAPERS SUBMITTED TO THE COURT TO BE SAFE-
GUARDED AND SEALED IN ORDER TO PREVENT THEIR INADVERTENT OR UNAUTHORIZED
USE OR DISCLOSURE WHILE THE MATTER IS PENDING.
§ 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, and fitness as may be required by the commissioner. THE APPLI-
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CANT SHALL INDICATE THEIR SEX DESIGNATION OF MALE, FEMALE, OR X, WHICH
CAN INDICATE NONBINARY, INTERSEX, UNDESIGNATED, OR OTHER, AND THE
COMMISSIONER SHALL NOT REQUIRE DOCUMENTATION FOR AN ORIGINAL DRIVER'S
LICENSE APPLICANT'S INITIAL INDICATION OF A SEX DESIGNATION OR A
LICENSED APPLICANT'S REQUEST FOR AN AMENDMENT OTHER THAN THE FOLLOWING:
THE APPLICANT'S SELF-CERTIFICATION OF THEIR SEX; OR DOCUMENTATION
REQUIRED BY THIS CHAPTER AS NECESSARY TO ESTABLISH THAT AN APPLICANT IS
LAWFULLY ENTITLED TO A LICENSE. 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, 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
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201 of the laws of 1972 and paragraph (e) of subdivision 1 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 OF
REGISTRANT OR PARENT; GENDER TRANSITION OF REGISTRANT OR PARENT.
(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.
§ 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.