The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3457

                       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 -- Multi-Sponsored by  --  M.  of  A.
  COOK  -- read once and referred to the Committee on Governmental Oper-
  ations

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. 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amended by chapter 487 of the laws of 2012, is REPEALED.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,

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

                                                           LBD03194-01-9

A. 3457                             2

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
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) of subdivision 1 as amended by

A. 3457                             3

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.
  (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.

                    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-

A. 3457--A                          5

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

A. 3457--A                          6

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.