NY State Assembly Bill A5465D

Archive: Last Bill Status Via S4402 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (22)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 24, 2021	approval memo.9 signed chap.158 delivered to governor
Jun 10, 2021	returned to senate passed assembly
Jun 08, 2021	ordered to third reading rules cal.560 substituted for a5465d
Jun 08, 2021	substituted by s4402b rules report cal.560 reported
Jun 07, 2021	reported referred to rules
May 28, 2021	print number 5465d
May 28, 2021	amend and recommit to ways and means
May 25, 2021	reported referred to ways and means
May 20, 2021	print number 5465c
May 20, 2021	amend and recommit to codes
May 19, 2021	reported referred to codes
Mar 24, 2021	print number 5465b
Mar 24, 2021	amend and recommit to governmental operations
Mar 08, 2021	print number 5465a
Mar 08, 2021	amend and recommit to governmental operations
Feb 17, 2021	referred to governmental operations

Votes

Bill Amendments

Original

D (Active)

Original

D (Active)

Co-Sponsors

Multi-Sponsors

A5465 - Details

See Senate Version of this Bill:: S4402
Law Section:: Civil Rights Law
Laws Affected:: Amd §§62, 63, 64 & 64-a, add Art 6-A §§67 - 67-b, Civ Rts L; amd §§490 & 502, rpld §502 sub 1, V & T L; amd §§4132 & 4138, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A10260
2019-2020: A3457, S56

A5465 - Summary

Enacts the "Gender Recognition Act"; repeals certain provisions relating to driver's licenses.

A5465 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5465
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 17, 2021
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL,  BRONSON,  GLICK, GONZALEZ-ROJAS,
   TAYLOR, SIMON, QUART, EPSTEIN, SEAWRIGHT, LAVINE, GOTTFRIED,  LUPARDO,
   FERNANDEZ, DINOWITZ, HYNDMAN -- Multi-Sponsored by -- M. of A. COOK --
   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 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]  THE APPLICANT'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.
 [Such  order  shall  also  direct the publication, at least once, within
 sixty days after the making of the order, in a designated  newspaper  in

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

                                                            LBD05588-01-1

 A. 5465                             2

 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 .................................]
   § 3. 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] (1) 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] IF THE PETITION STATES THAT THE  PETITIONER  IS  RESPONSIBLE
 FOR  SPOUSAL  SUPPORT  OR  CHILD  SUPPORT  OBLIGATIONS PURSUANT TO COURT
 ORDER, UPON REVIEW OF THE PETITIONER'S APPLICATION FOR NAME  CHANGE  AND
 SUBSEQUENT IN-COURT INQUIRY, THE COURT MAY, IN ITS DISCRETION, ORDER THE
 PETITIONER  TO  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 CERTIFIED COPY THEREOF AND SHALL BE ENTERED IN
 THE COURT'S MINUTES OF THE PROCEEDING.
   § 4. Section 64-a of the civil rights law, as amended by  chapter  241
 of the laws of 2015, is amended to read as follows:

 A. 5465                             3
 
   §  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
 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.  THE COURT SHALL NOT  DENY  SUCH
 SEALING  REQUEST  SOLELY  ON THE BASIS THAT THE APPLICANT LACKS SPECIFIC
 INSTANCES OF OR A PERSONAL HISTORY OF THREAT TO PERSONAL SAFETY.
   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.
   § 5. 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. ORDER.
         67-B. 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 SEX DESIGNATION 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.  WHEN AN INDIVIDUAL PETITIONS THE COURT TO RECOGNIZE  THEIR  GENDER
 IDENTITY  OR  TO  AMEND THE SEX DESIGNATION ON AN IDENTITY DOCUMENT, THE
 COURT SHALL ISSUE SUCH AN ORDER UPON RECEIPT OF AN AFFIDAVIT  FROM  SUCH
 INDIVIDUAL  ATTESTING TO THEIR GENDER IDENTITY OR REASON FOR THE CHANGE.
 NO ADDITIONAL MEDICAL EVIDENCE SHALL BE REQUIRED TO GRANT SUCH  REQUEST.
 NO  SUCH  ORDER  SHALL  BE REQUIRED TO AMEND AN IDENTITY DOCUMENT ISSUED
 WITHIN NEW YORK STATE. NO SUCH ORDER  SHALL  BE  REQUIRED  TO  OTHERWISE
 RECOGNIZE  THE  GENDER  OF  AN INDIVIDUAL AND TREAT THEM CONSISTENT WITH
 THEIR GENDER IDENTITY WITHIN NEW YORK STATE OR UNDER NEW YORK STATE LAW.
   3.  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.
   §  67-A.  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

 A. 5465                             4
 
 OBJECTION TO THE CHANGE OF SEX DESIGNATION PROPOSED, AND IF THE PETITION
 BE TO CHANGE THE SEX DESIGNATION 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 SEX DESIGNATION
 PROPOSED.
   § 67-B. SEALING CHANGE OF SEX DESIGNATION PAPERS. 1. UPON  REQUEST  OF
 THE  APPLICANT,  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.
   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.
   § 6. Subdivision 3 of section 490 of the vehicle and  traffic  law  is
 amended by adding a new paragraph (d) to read as follows:
   (D) 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.
   § 7. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
 amended by chapter 487 of the laws of 2012, is REPEALED.
   §  8.  Subdivision 1 of section 502 of the vehicle and traffic law, as
 amended by chapter 37 of the  laws  of  2019,  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.
 With  respect  to  a non-commercial driver's license or learner's permit
 which does not meet federal standards for identification, in addition to
 the acceptable proofs of age and identity approved by  the  commissioner
 as of January first, two thousand nineteen, acceptable proof of identity
 shall  also  include,  but not be limited to, a valid, unexpired foreign
 passport issued by the applicant's country of citizenship  (which  shall
 also be eligible as proof of age), a valid, unexpired consular identifi-
 cation  document  issued  by a consulate from the applicant's country of
 citizenship, or a valid foreign driver's license that includes  a  photo
 image  of  the applicant and which is unexpired or expired for less than
 twenty-four months of its date of expiration, as primary forms  of  such
 proof. Nothing contained in this subdivision shall be deemed to preclude
 the  commissioner  from approving additional proofs of identity and age.
 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 or, in lieu  there-
 of, with respect to an application for a non-commercial driver's license

 A. 5465                             5
 
 or  learner's permit which does not meet federal standards for identifi-
 cation, an affidavit signed by such applicant that they  have  not  been
 issued  a  social  security  number  AND 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.   The commissioner also
 shall provide space on the application so that the applicant may  regis-
 ter  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.
   § 9. Section 4132 of the public health law is amended by adding a  new
 subdivision 5 to read as follows:
   5.  EACH  PARENT  OF  THE  CHILD  MAY  CHOOSE  TO BE DESIGNATED ON THE
 ORIGINAL CERTIFICATE OF BIRTH OR BY AMENDMENT AS "FATHER" OR "MOTHER" OR
 "PARENT".
   § 10. 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 section 9 of part L of chapter 56 of the laws  of  2020,  are
 amended  and  a  new  paragraph (f) is added to subdivision 1 to read as
 follows:

 A. 5465                             6
 
   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 signatory other than the person who gave birth and the  commissioner
 thereafter  receives the acknowledgment of parentage 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  person  who
 gave  birth  and  the  other signatory which authorizes the entry of the
 name of such other signatory, and which may also authorize a  conforming
 change in the surname of the child[.]; OR
   (F)  THE COMMISSIONER SHALL ISSUE A NEW BIRTH CERTIFICATE REFLECTING A
 CHANGE OF GENDER TO FEMALE, MALE, OR X, WITHOUT A COURT ORDER,  FOR  ANY
 PERSON  BORN  IN NEW YORK STATE WHO SUBMITS AN APPLICATION TO CHANGE THE
 GENDER ON THE BIRTH CERTIFICATE AND AN AFFIDAVIT ATTESTING UNDER PENALTY
 OF PERJURY THAT THE REQUEST FOR A CHANGE OF GENDER TO (FEMALE, MALE,  OR
 X)  IS  TO  CONFORM  THE  PERSON'S DOCUMENTS AND RECORDS TO THE PERSON'S
 GENDER IDENTITY AND IS NOT MADE FOR ANY FRAUDULENT PURPOSE. A SEX DESIG-
 NATION OF X SHALL NOT BE A REQUIRED SEX DESIGNATION OF  ANY  INDIVIDUAL.
 UPON  RECEIPT  OF  THE DOCUMENTATION, THE COMMISSIONER SHALL ESTABLISH A
 NEW BIRTH CERTIFICATE REFLECTING THE GENDER STATED  IN  THE  APPLICATION
 AND  ANY CHANGE IN NAME, IF ACCOMPANIED BY A COURT ORDER FOR A CHANGE OF
 NAME.  IF SUCH APPLICATION IS MADE ON BEHALF OF A MINOR, SUCH  AFFIDAVIT
 SHALL BE SIGNED BY THE MINOR'S PARENT, LEGAL GUARDIAN, MEDICAL PROVIDER,
 OR SOCIAL SERVICES PROVIDER.
   §  11.  This  act  shall  take effect on the one hundred eightieth day
 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 effective date.

Co-Sponsors

Multi-Sponsors

A5465A - Details

See Senate Version of this Bill:: S4402
Law Section:: Civil Rights Law
Laws Affected:: Amd §§62, 63, 64 & 64-a, add Art 6-A §§67 - 67-b, Civ Rts L; amd §§490 & 502, rpld §502 sub 1, V & T L; amd §§4132 & 4138, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A10260
2019-2020: A3457, S56

A5465A - Summary

Enacts the "Gender Recognition Act"; repeals certain provisions relating to driver's licenses.

A5465A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5465--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 17, 2021
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL,  BRONSON,  GLICK, GONZALEZ-ROJAS,
   TAYLOR, SIMON, QUART, EPSTEIN, SEAWRIGHT, LAVINE, GOTTFRIED,  LUPARDO,
   FERNANDEZ, DINOWITZ, HYNDMAN -- 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 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:
 
   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]  THE APPLICANT'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] THEY ARE 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05588-03-1

 A. 5465--A                          2
 
 court.  [Such order shall also direct the publication,  at  least  once,
 within sixty days after the making of the order, in a designated newspa-
 per  in  the  county in which the order is directed to be entered and if
 the  petition  is made by a person subject to the provisions of subdivi-
 sion 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   examined   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 .................................]
   § 3. 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] (1) 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] IF THE PETITION STATES THAT THE  PETITIONER  IS  RESPONSIBLE
 FOR  SPOUSAL  SUPPORT  OR  CHILD  SUPPORT  OBLIGATIONS PURSUANT TO COURT
 ORDER, UPON REVIEW OF THE PETITIONER'S APPLICATION FOR NAME  CHANGE  AND
 SUBSEQUENT  INQUIRY,  THE  COURT MAY, IN ITS DISCRETION, ORDER THE PETI-
 TIONER TO 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 CERTIFIED COPY THEREOF AND SHALL BE ENTERED IN
 THE COURT'S MINUTES OF THE PROCEEDING.

 A. 5465--A                          3
 
   §  4.  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
 lacks specific instances of or a personal history of threat to  personal
 safety.    The], THE court shall, AT THE REQUEST OF THE APPLICANT OR SUA
 SPONTE, 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.   THE COURT SHALL NOT  DENY  SUCH  SEALING
 REQUEST  SOLELY ON THE BASIS THAT THE APPLICANT LACKS SPECIFIC INSTANCES
 OF OR A PERSONAL HISTORY OF THREAT TO PERSONAL SAFETY.
   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.
   § 5. 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. ORDER.
         67-B. 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 SEX DESIGNATION 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.  WHEN AN INDIVIDUAL PETITIONS THE COURT TO RECOGNIZE  THEIR  GENDER
 IDENTITY  OR  TO  AMEND THE SEX DESIGNATION ON AN IDENTITY DOCUMENT, THE
 COURT SHALL ISSUE SUCH AN ORDER UPON RECEIPT OF AN AFFIDAVIT  FROM  SUCH
 INDIVIDUAL  ATTESTING TO THEIR GENDER IDENTITY OR REASON FOR THE CHANGE.
 NO ADDITIONAL MEDICAL EVIDENCE SHALL BE REQUIRED TO GRANT SUCH  REQUEST.
 NO  SUCH  ORDER  SHALL  BE REQUIRED TO AMEND AN IDENTITY DOCUMENT ISSUED
 WITHIN NEW YORK STATE. NO SUCH ORDER  SHALL  BE  REQUIRED  TO  OTHERWISE
 RECOGNIZE  THE  GENDER  OF  AN INDIVIDUAL AND TREAT THEM CONSISTENT WITH
 THEIR GENDER IDENTITY WITHIN NEW YORK STATE OR UNDER NEW YORK STATE LAW.
   3.  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.

 A. 5465--A                          4
 
   §  67-A.  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 SEX DESIGNATION PROPOSED, AND IF THE PETITION
 BE TO CHANGE THE SEX DESIGNATION 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  SEX  DESIGNATION
 PROPOSED.
   §  67-B.  SEALING CHANGE OF SEX DESIGNATION PAPERS. 1. UPON REQUEST OF
 THE APPLICANT, 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.
   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.
   §  6.  Subdivision  3 of section 490 of the vehicle and traffic law is
 amended by adding a new paragraph (d) to read as follows:
   (D) 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.
   §  7.  Subdivision 1 of section 502 of the vehicle and traffic law, as
 amended by chapter 487 of the laws of 2012, is REPEALED.
   § 8. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
 amended  by  chapter  37  of  the  laws  of  2019, 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.
 With respect to a non-commercial driver's license  or  learner's  permit
 which does not meet federal standards for identification, in addition to
 the  acceptable  proofs of age and identity approved by the commissioner
 as of January first, two thousand nineteen, acceptable proof of identity
 shall also include, but not be limited to, a  valid,  unexpired  foreign
 passport  issued  by the applicant's country of citizenship (which shall
 also be eligible as proof of age), a valid, unexpired consular identifi-
 cation document issued by a consulate from the  applicant's  country  of
 citizenship,  or  a valid foreign driver's license that includes a photo
 image of the applicant and which is unexpired or expired for  less  than
 twenty-four  months  of its date of expiration, as primary forms of such
 proof. Nothing contained in this subdivision shall be deemed to preclude
 the commissioner from approving additional proofs of identity  and  age.
 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

 A. 5465--A                          5
 
 addition, the commissioner also shall require that the applicant provide
 [his  or her] SUCH APPLICANT'S social security number or, in lieu there-
 of, with respect to an application for a non-commercial driver's license
 or  learner's permit which does not meet federal standards for identifi-
 cation, an affidavit signed by such applicant that they  have  not  been
 issued  a  social  security  number  AND 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.    The  commissioner  also
 shall  provide space on the application so that the applicant may regis-
 ter 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.
   §  9. Section 4132 of the public health law is amended by adding a new
 subdivision 5 to read as follows:
   5. EACH PARENT OF THE  CHILD  MAY  CHOOSE  TO  BE  DESIGNATED  ON  THE
 ORIGINAL CERTIFICATE OF BIRTH OR BY AMENDMENT AS "FATHER" OR "MOTHER" OR
 "PARENT".
   §  10.  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  section  9 of part L of chapter 56 of the laws of 2020, are

 A. 5465--A                          6
 
 amended and a new paragraph (f) is added to subdivision  1  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 signatory other than the person who gave birth and the  commissioner
 thereafter  receives the acknowledgment of parentage 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  person  who
 gave  birth  and  the  other signatory which authorizes the entry of the
 name of such other signatory, and which may also authorize a  conforming
 change in the surname of the child[.]; OR
   (F)  ANY  PERSON  BORN IN NEW YORK STATE WHO SUBMITS AN APPLICATION TO
 CHANGE THE GENDER ON THE BIRTH CERTIFICATE AND  AN  AFFIDAVIT  ATTESTING
 UNDER  PENALTY  OF  PERJURY  THAT  THE REQUEST FOR A CHANGE OF GENDER TO
 (FEMALE, MALE, OR X) IS TO CONFORM THE PERSON'S DOCUMENTS AND RECORDS TO
 THE PERSON'S GENDER IDENTITY AND IS NOT MADE FOR ANY FRAUDULENT PURPOSE.
 A SEX DESIGNATION OF X SHALL NOT BE A REQUIRED SEX  DESIGNATION  OF  ANY
 INDIVIDUAL.  UPON  RECEIPT  OF THE DOCUMENTATION, THE COMMISSIONER SHALL
 ESTABLISH A NEW BIRTH CERTIFICATE REFLECTING THE GENDER  STATED  IN  THE
 APPLICATION  AND ANY CHANGE IN NAME, IF ACCOMPANIED BY A COURT ORDER FOR
 A CHANGE OF NAME.  IF SUCH APPLICATION IS MADE ON  BEHALF  OF  A  PERSON
 YOUNGER  THAN  SEVENTEEN, SUCH AFFIDAVIT SHALL BE SIGNED BY THE PERSON'S
 PARENT, LEGAL GUARDIAN, MENTAL HEALTH OR  MEDICAL  PROVIDER,  OR  SOCIAL
 SERVICES PROVIDER.
   §  11.  This  act  shall  take effect on the one hundred eightieth day
 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 effective date.

Co-Sponsors

Multi-Sponsors

A5465B - Details

See Senate Version of this Bill:: S4402
Law Section:: Civil Rights Law
Laws Affected:: Amd §§62, 63, 64 & 64-a, add Art 6-A §§67 - 67-b, Civ Rts L; amd §§490 & 502, rpld §502 sub 1, V & T L; amd §§4132 & 4138, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A10260
2019-2020: A3457, S56

A5465B - Summary

Enacts the "Gender Recognition Act"; repeals certain provisions relating to driver's licenses.

A5465B - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5465--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 17, 2021
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL,  BRONSON,  GLICK, GONZALEZ-ROJAS,
   TAYLOR, SIMON, QUART, EPSTEIN, SEAWRIGHT, LAVINE, GOTTFRIED,  LUPARDO,
   FERNANDEZ, DINOWITZ, HYNDMAN -- 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  committee -- again reported from said committee
   with amendments, 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:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Gender Recognition Act".
   §  2.  Section 62 of the civil rights law is amended by adding two new
 subdivisions 3 and 4 to read as follows:
   3. EXCEPT AS PROVIDED IN SUBDIVISIONS ONE AND TWO OF THIS SECTION, THE
 COURT SHALL NOT REQUIRE ANY OTHER PRE-HEARING NOTICE.   THE COURT  SHALL
 NOT  CONDITION  THE ENTRY OF AN ORDER ON NOTICE TO ANY OTHER PARTY OR TO
 ANY CITY, STATE OR FEDERAL AGENCY EXCEPT BY WRITTEN ORDER DETAILING  THE
 COURT'S  REASONING  FOR REQUIRING SUCH NOTICE AND SHOWING CAUSE WHY SUCH
 NOTICE SHOULD BE SERVED. UNDER NO CIRCUMSTANCES SHALL THE COURT  REQUIRE
 NOTICE  TO  UNITED  STATES  IMMIGRATION  AND CUSTOMS ENFORCEMENT, UNITED
 STATES CUSTOMS AND BORDER  PROTECTION,  UNITED  STATES  CITIZENSHIP  AND
 IMMIGRATION  SERVICES, OR ANY SUCCESSOR AGENCIES, OR ANY AGENCIES HAVING
 SIMILAR DUTIES.
   4. THE COURT SHALL NOT REQUEST OR REQUIRE CONSENT FROM ANY PARTY OTHER
 THAN THE PETITIONER, OR IN THE CASE OF A PETITIONER WHO  DOES  NOT  HAVE
 CAPACITY  TO  CONSENT,  THEIR  LEGAL  REPRESENTATIVE,  AS A CONDITION OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05588-04-1

 A. 5465--B                          2
 
 GRANTING THE NAME CHANGE OR  OBTAINING  CERTIFIED  COPIES  OF  THE  NAME
 CHANGE ORDER.
   §  3. 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] THE APPLICANT'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] THEY ARE 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.    [Such  order shall also direct the publication, at least once,
 within sixty days after the making of the order, in a designated newspa-
 per in the county in which the order is directed to be  entered  and  if
 the  petition  is made by a person subject to the provisions of subdivi-
 sion 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   examined   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 .................................]
   § 4. 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. 1. If the order [shall be fully complied with, and with-
 in ninety days after the making of the order, an affidavit of the publi-
 cation  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] 2. (A) IF the petition states that the petition-
 er  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  twen-
 ty-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

 A. 5465--B                          3
 
 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]  (B) IF THE PETITION STATES THAT THE PETITIONER IS RESPONSI-
 BLE FOR SPOUSAL SUPPORT OR CHILD SUPPORT OBLIGATIONS PURSUANT  TO  COURT
 ORDER,  UPON  REVIEW OF THE PETITIONER'S APPLICATION FOR NAME CHANGE AND
 SUBSEQUENT INQUIRY, THE COURT MAY, IN ITS DISCRETION,  ORDER  THE  PETI-
 TIONER  TO  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 CERTIFIED COPY THEREOF AND SHALL BE ENTERED IN
 THE COURT'S MINUTES OF THE PROCEEDING.
   3. A NAME CHANGE ORDER OR OTHER DOCUMENTATION OF NAME CHANGE SHALL  BE
 SUFFICIENT  TO  CHANGE  THE  PETITIONER'S NAME ON ANY DOCUMENT OR RECORD
 ISSUED OR MAINTAINED BY THE STATE OF NEW YORK OR ANY SUBDIVISION  THERE-
 OF,  OR  ANY  PRIVATE  ENTITY,  INCLUDING BUT NOT LIMITED TO, ALL SCHOOL
 RECORDS FOR CURRENT AND PAST STUDENTS,  ARCHIVAL  RECORDS  AND  MARRIAGE
 CERTIFICATES.  FAILURE OF A PUBLIC OR PRIVATE ENTITY TO COMPLY WITH SUCH
 A REQUEST MAY CONSTITUTE A VIOLATION OF SECTION TWO  HUNDRED  NINETY-SIX
 OF THE EXECUTIVE LAW, SECTION FORTY-C OF THIS CHAPTER AND ANY APPLICABLE
 LOCAL NON-DISCRIMINATION LAW AND MAY BE THE BASIS FOR A COMPLAINT TO THE
 NEW  YORK  STATE  DIVISION  OF  HUMAN  RIGHTS  AND  ANY OTHER APPLICABLE
 ENFORCEMENT ENTITY.
   § 5. 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
 lacks specific instances of or a personal history of threat to  personal
 safety.    The], THE court shall, AT THE REQUEST OF THE APPLICANT OR SUA
 SPONTE, 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.   THE COURT SHALL NOT  DENY  SUCH  SEALING
 REQUEST  SOLELY ON THE BASIS THAT THE APPLICANT LACKS SPECIFIC INSTANCES
 OF OR A PERSONAL HISTORY OF THREAT TO PERSONAL SAFETY.
   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

 A. 5465--B                          4
 
 their  inadvertent or unauthorized use or disclosure while the matter is
 pending.
   §  6.  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. ORDER.
         67-B. 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  SEX  DESIGNATION  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.    WHEN AN INDIVIDUAL PETITIONS THE COURT TO RECOGNIZE THEIR GENDER
 IDENTITY OR TO AMEND THE SEX DESIGNATION ON AN  IDENTITY  DOCUMENT,  THE
 COURT  SHALL  ISSUE SUCH AN ORDER UPON RECEIPT OF AN AFFIDAVIT FROM SUCH
 INDIVIDUAL ATTESTING TO THEIR GENDER IDENTITY OR REASON FOR THE  CHANGE.
 NO  ADDITIONAL MEDICAL EVIDENCE SHALL BE REQUIRED TO GRANT SUCH REQUEST.
 NO SUCH ORDER SHALL BE REQUIRED TO AMEND  AN  IDENTITY  DOCUMENT  ISSUED
 WITHIN  NEW  YORK  STATE.  NO  SUCH ORDER SHALL BE REQUIRED TO OTHERWISE
 RECOGNIZE THE GENDER OF AN INDIVIDUAL AND  TREAT  THEM  CONSISTENT  WITH
 THEIR GENDER IDENTITY WITHIN NEW YORK STATE OR UNDER NEW YORK STATE LAW.
   3.  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.
   § 67-A. 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 SEX DESIGNATION PROPOSED, AND IF THE PETITION
 BE TO CHANGE THE SEX DESIGNATION 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  SEX  DESIGNATION
 PROPOSED.
   §  67-B.  SEALING CHANGE OF SEX DESIGNATION PAPERS. 1. UPON REQUEST OF
 THE APPLICANT OR SUA SPONTE, 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  APPLI-
 CANT.
   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.
   § 7. Subdivision 3 of section 490 of the vehicle and  traffic  law  is
 amended by adding a new paragraph (d) to read as follows:
   (D) THE IDENTIFICATION CARD SHALL DISPLAY THE SEX DESIGNATION OF M, F,
 OR  X  AS  CERTIFIED  BY THE APPLICANT, WITH NO ADDITIONAL DOCUMENTATION

 A. 5465--B                          5
 
 REQUIRED. THE APPLICANT MAY AMEND THE SEX DESIGNATION OF THEIR IDENTIFI-
 CATION CARD UPON REQUEST.
   §  8.  Subdivision 1 of section 502 of the vehicle and traffic law, as
 amended by chapter 487 of the laws of 2012, is REPEALED.
   § 9. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
 amended  by  chapter  37  of  the  laws  of  2019, 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.
 With respect to a non-commercial driver's license  or  learner's  permit
 which does not meet federal standards for identification, in addition to
 the  acceptable  proofs of age and identity approved by the commissioner
 as of January first, two thousand nineteen, acceptable proof of identity
 shall also include, but not be limited to, a  valid,  unexpired  foreign
 passport  issued  by the applicant's country of citizenship (which shall
 also be eligible as proof of age), a valid, unexpired consular identifi-
 cation document issued by a consulate from the  applicant's  country  of
 citizenship,  or  a valid foreign driver's license that includes a photo
 image of the applicant and which is unexpired or expired for  less  than
 twenty-four  months  of its date of expiration, as primary forms of such
 proof. Nothing contained in this subdivision shall be deemed to preclude
 the commissioner from approving additional proofs of identity  and  age.
 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 or, in lieu there-
 of, with respect to an application for a non-commercial driver's license
 or learner's permit which does not meet federal standards for  identifi-
 cation,  an  affidavit  signed by such applicant that they have not been
 issued a social security number AND 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.   The commissioner also
 shall provide space on the application so that the applicant may  regis-
 ter  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-

 A. 5465--B                          6
 
 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.
   § 10. Section 4132 of the public health law is amended by adding a new
 subdivision 5 to read as follows:
   5. EACH PARENT OF THE  CHILD  MAY  CHOOSE  TO  BE  DESIGNATED  ON  THE
 ORIGINAL CERTIFICATE OF BIRTH OR BY AMENDMENT AS "FATHER" OR "MOTHER" OR
 "PARENT".
   §  11.  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  section  9 of part L of chapter 56 of the laws of 2020, are
 amended and a new paragraph (f) is added to subdivision  1  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 signatory other than the person who gave birth and the  commissioner
 thereafter  receives the acknowledgment of parentage 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  person  who
 gave  birth  and  the  other signatory which authorizes the entry of the
 name of such other signatory, and which may also authorize a  conforming
 change in the surname of the child[.]; OR
   (F)  ANY  PERSON  BORN IN NEW YORK STATE WHO SUBMITS AN APPLICATION TO
 CHANGE THE GENDER ON THE BIRTH CERTIFICATE AND  AN  AFFIDAVIT  ATTESTING
 UNDER  PENALTY  OF  PERJURY  THAT  THE REQUEST FOR A CHANGE OF GENDER TO
 (FEMALE, MALE, OR X) IS TO CONFORM THE PERSON'S DOCUMENTS AND RECORDS TO
 THE PERSON'S GENDER IDENTITY AND IS NOT MADE FOR ANY FRAUDULENT PURPOSE.
 A SEX DESIGNATION OF X SHALL NOT BE A REQUIRED SEX  DESIGNATION  OF  ANY
 INDIVIDUAL.  UPON  RECEIPT  OF THE DOCUMENTATION, THE COMMISSIONER SHALL
 ESTABLISH A NEW BIRTH CERTIFICATE REFLECTING THE GENDER  STATED  IN  THE
 APPLICATION  AND ANY CHANGE IN NAME, IF ACCOMPANIED BY A COURT ORDER FOR

 A. 5465--B                          7
 
 A CHANGE OF NAME.  IF SUCH APPLICATION IS MADE ON  BEHALF  OF  A  PERSON
 YOUNGER  THAN  SEVENTEEN, SUCH AFFIDAVIT SHALL BE SIGNED BY THE PERSON'S
 PARENT, LEGAL GUARDIAN, MENTAL HEALTH OR  MEDICAL  PROVIDER,  OR  SOCIAL
 SERVICES PROVIDER.
   §  12.  This  act  shall  take effect on the one hundred eightieth day
 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 effective date.

Co-Sponsors

Multi-Sponsors

A5465C - Details

See Senate Version of this Bill:: S4402
Law Section:: Civil Rights Law
Laws Affected:: Amd §§62, 63, 64 & 64-a, add Art 6-A §§67 - 67-b, Civ Rts L; amd §§490 & 502, rpld §502 sub 1, V & T L; amd §§4132 & 4138, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A10260
2019-2020: A3457, S56

A5465C - Summary

Enacts the "Gender Recognition Act"; repeals certain provisions relating to driver's licenses.

A5465C - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5465--C
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 17, 2021
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL,  BRONSON,  GLICK, GONZALEZ-ROJAS,
   TAYLOR, SIMON, QUART, EPSTEIN, SEAWRIGHT, LAVINE, GOTTFRIED,  LUPARDO,
   FERNANDEZ, DINOWITZ, HYNDMAN, BURDICK, GALLAGHER, OTIS, HEVESI, REYES,
   JACKSON,  DAVILA, LUNSFORD, FORREST, CRUZ, DE LA ROSA, PERRY -- Multi-
   Sponsored by -- M. of A. COOK -- read once and referred to the Commit-
   tee on Governmental Operations -- 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  Codes  --  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:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Gender Recognition Act".
   §  2.  Section 62 of the civil rights law is amended by adding two new
 subdivisions 3 and 4 to read as follows:
   3. EXCEPT AS PROVIDED IN SUBDIVISIONS ONE AND TWO OF THIS SECTION, THE
 COURT SHALL NOT REQUIRE ANY OTHER PRE-HEARING NOTICE.   THE COURT  SHALL
 NOT  CONDITION  THE ENTRY OF AN ORDER ON NOTICE TO ANY OTHER PARTY OR TO
 ANY CITY, STATE OR FEDERAL AGENCY EXCEPT BY WRITTEN ORDER DETAILING  THE
 COURT'S  REASONING  FOR REQUIRING SUCH NOTICE AND SHOWING CAUSE WHY SUCH
 NOTICE SHOULD BE SERVED. UNDER NO CIRCUMSTANCES SHALL THE COURT  REQUIRE
 NOTICE  TO  UNITED  STATES  IMMIGRATION  AND CUSTOMS ENFORCEMENT, UNITED
 STATES CUSTOMS AND BORDER  PROTECTION,  UNITED  STATES  CITIZENSHIP  AND
 IMMIGRATION  SERVICES, OR ANY SUCCESSOR AGENCIES, OR ANY AGENCIES HAVING
 SIMILAR DUTIES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05588-06-1

 A. 5465--C                          2
 
   4. THE COURT SHALL NOT REQUEST OR REQUIRE CONSENT FROM ANY PARTY OTHER
 THAN THE PETITIONER, OR IN THE CASE OF A PETITIONER WHO  DOES  NOT  HAVE
 CAPACITY  TO  CONSENT,  THEIR  LEGAL  REPRESENTATIVE,  AS A CONDITION OF
 GRANTING THE NAME CHANGE OR  OBTAINING  CERTIFIED  COPIES  OF  THE  NAME
 CHANGE ORDER.
   §  3. 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] THE APPLICANT'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] THEY ARE 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.    [Such  order shall also direct the publication, at least once,
 within sixty days after the making of the order, in a designated newspa-
 per in the county in which the order is directed to be  entered  and  if
 the  petition  is made by a person subject to the provisions of subdivi-
 sion 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   examined   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 .................................]
   § 4. 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. 1. If the order [shall be fully complied with, and with-
 in ninety days after the making of the order, an affidavit of the publi-
 cation  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] 2. (A) IF the petition states that the petition-
 er  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  twen-
 ty-five  of  such  law  or  any  of the following provisions of such law

 A. 5465--C                          3
 
 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] (B) IF THE PETITION STATES THAT THE PETITIONER IS  RESPONSI-
 BLE  FOR  SPOUSAL SUPPORT OR CHILD SUPPORT OBLIGATIONS PURSUANT TO COURT
 ORDER, UPON REVIEW OF THE PETITIONER'S APPLICATION FOR NAME  CHANGE  AND
 SUBSEQUENT  INQUIRY,  THE  COURT MAY, IN ITS DISCRETION, ORDER THE PETI-
 TIONER TO 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 CERTIFIED COPY THEREOF AND SHALL BE ENTERED IN
 THE COURT'S MINUTES OF THE PROCEEDING.
   3.  A NAME CHANGE ORDER OR OTHER DOCUMENTATION OF NAME CHANGE SHALL BE
 SUFFICIENT TO CHANGE THE PETITIONER'S NAME ON  ANY  DOCUMENT  OR  RECORD
 ISSUED  OR MAINTAINED BY THE STATE OF NEW YORK OR ANY SUBDIVISION THERE-
 OF, OR ANY PRIVATE ENTITY, INCLUDING BUT  NOT  LIMITED  TO,  ALL  SCHOOL
 RECORDS  FOR  CURRENT  AND  PAST STUDENTS, ARCHIVAL RECORDS AND MARRIAGE
 CERTIFICATES. FAILURE OF A PUBLIC OR PRIVATE ENTITY TO COMPLY WITH  SUCH
 A  REQUEST  MAY CONSTITUTE A VIOLATION OF SECTION TWO HUNDRED NINETY-SIX
 OF THE EXECUTIVE LAW, SECTION FORTY-C OF THIS CHAPTER AND ANY APPLICABLE
 LOCAL NON-DISCRIMINATION LAW AND MAY BE THE BASIS FOR A COMPLAINT TO THE
 NEW YORK STATE  DIVISION  OF  HUMAN  RIGHTS  AND  ANY  OTHER  APPLICABLE
 ENFORCEMENT ENTITY.
   §  5.  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
 lacks  specific instances of or a personal history of threat to personal
 safety.  The], THE court shall, AT THE REQUEST OF THE APPLICANT  OR  SUA
 SPONTE,  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.   THE COURT SHALL NOT DENY SUCH SEALING
 REQUEST SOLELY ON THE BASIS THAT THE APPLICANT LACKS SPECIFIC  INSTANCES
 OF OR A PERSONAL HISTORY OF THREAT TO PERSONAL SAFETY.
   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

 A. 5465--C                          4
 
 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.
   §  6.  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. ORDER.
         67-B. 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  SEX  DESIGNATION  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.    WHEN AN INDIVIDUAL PETITIONS THE COURT TO RECOGNIZE THEIR GENDER
 IDENTITY OR TO AMEND THE SEX DESIGNATION ON AN  IDENTITY  DOCUMENT,  THE
 COURT  SHALL  ISSUE SUCH AN ORDER UPON RECEIPT OF AN AFFIDAVIT FROM SUCH
 INDIVIDUAL ATTESTING TO THEIR GENDER IDENTITY OR REASON FOR THE  CHANGE.
 NO  ADDITIONAL MEDICAL EVIDENCE SHALL BE REQUIRED TO GRANT SUCH REQUEST.
 NO SUCH ORDER SHALL BE REQUIRED TO AMEND  AN  IDENTITY  DOCUMENT  ISSUED
 WITHIN  NEW  YORK  STATE.  NO  SUCH ORDER SHALL BE REQUIRED TO OTHERWISE
 RECOGNIZE THE GENDER OF AN INDIVIDUAL AND  TREAT  THEM  CONSISTENT  WITH
 THEIR GENDER IDENTITY WITHIN NEW YORK STATE OR UNDER NEW YORK STATE LAW.
 NO  FEE SHALL BE CHARGED FOR A REQUEST FOR JUDICIAL INTERVENTION ASSOCI-
 ATED WITH A PETITION TO CHANGE SEX DESIGNATION.
   3.  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.
   §  67-A.  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 SEX DESIGNATION PROPOSED, AND IF THE PETITION
 BE TO CHANGE THE SEX DESIGNATION 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 SEX DESIGNATION
 PROPOSED.
   § 67-B. SEALING CHANGE OF SEX DESIGNATION PAPERS. 1. UPON  REQUEST  OF
 THE  APPLICANT  OR SUA SPONTE, 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 APPLI-
 CANT.
   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.

 A. 5465--C                          5
 
   §  7.  Subdivision  3 of section 490 of the vehicle and traffic law is
 amended by adding a new paragraph (d) to read as follows:
   (D) 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.
   § 8. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
 amended by chapter 487 of the laws of 2012, is REPEALED.
   §  9.  Subdivision 1 of section 502 of the vehicle and traffic law, as
 amended by chapter 37 of the  laws  of  2019,  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.
 With  respect  to  a non-commercial driver's license or learner's permit
 which does not meet federal standards for identification, in addition to
 the acceptable proofs of age and identity approved by  the  commissioner
 as of January first, two thousand nineteen, acceptable proof of identity
 shall  also  include,  but not be limited to, a valid, unexpired foreign
 passport issued by the applicant's country of citizenship  (which  shall
 also be eligible as proof of age), a valid, unexpired consular identifi-
 cation  document  issued  by a consulate from the applicant's country of
 citizenship, or a valid foreign driver's license that includes  a  photo
 image  of  the applicant and which is unexpired or expired for less than
 twenty-four months of its date of expiration, as primary forms  of  such
 proof. Nothing contained in this subdivision shall be deemed to preclude
 the  commissioner  from approving additional proofs of identity and age.
 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 or, in lieu  there-
 of, with respect to an application for a non-commercial driver's license
 or  learner's permit which does not meet federal standards for identifi-
 cation, an affidavit signed by such applicant that they  have  not  been
 issued  a  social  security  number  AND 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.    The  commissioner  also
 shall  provide space on the application so that the applicant may regis-
 ter 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

 A. 5465--C                          6

 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.
   § 10. Section 4132 of the public health law is amended by adding a new
 subdivision 5 to read as follows:
   5. EACH PARENT OF THE  CHILD  MAY  CHOOSE  TO  BE  DESIGNATED  ON  THE
 ORIGINAL CERTIFICATE OF BIRTH OR BY AMENDMENT AS "FATHER" OR "MOTHER" OR
 "PARENT".
   §  11.  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  section  9 of part L of chapter 56 of the laws of 2020, are
 amended and a new paragraph (f) is added to subdivision  1  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 signatory other than the person who gave birth and the  commissioner
 thereafter  receives the acknowledgment of parentage 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  person  who
 gave  birth  and  the  other signatory which authorizes the entry of the
 name of such other signatory, and which may also authorize a  conforming
 change in the surname of the child[.]; OR
   (F)  ANY  PERSON  BORN IN NEW YORK STATE WHO SUBMITS AN APPLICATION TO
 CHANGE THE GENDER ON THE BIRTH CERTIFICATE AND  AN  AFFIDAVIT  ATTESTING
 UNDER  PENALTY  OF  PERJURY  THAT  THE REQUEST FOR A CHANGE OF GENDER TO
 (FEMALE, MALE, OR X) IS TO CONFORM THE PERSON'S DOCUMENTS AND RECORDS TO
 THE PERSON'S GENDER IDENTITY AND IS NOT MADE FOR ANY FRAUDULENT PURPOSE.

 A. 5465--C                          7
 
 A SEX DESIGNATION OF X SHALL NOT BE A REQUIRED SEX  DESIGNATION  OF  ANY
 INDIVIDUAL.  UPON  RECEIPT  OF THE DOCUMENTATION, THE COMMISSIONER SHALL
 ESTABLISH A NEW BIRTH CERTIFICATE REFLECTING THE GENDER  STATED  IN  THE
 APPLICATION  AND ANY CHANGE IN NAME, IF ACCOMPANIED BY A COURT ORDER FOR
 A CHANGE OF NAME.  IF SUCH APPLICATION IS MADE ON  BEHALF  OF  A  PERSON
 YOUNGER  THAN  SEVENTEEN, SUCH AFFIDAVIT SHALL BE SIGNED BY THE PERSON'S
 PARENT, LEGAL GUARDIAN, MENTAL HEALTH OR  MEDICAL  PROVIDER,  OR  SOCIAL
 SERVICES PROVIDER.
   §  12.  This  act  shall  take effect on the one hundred eightieth day
 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 effective date.

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A5465D (ACTIVE) - Details

See Senate Version of this Bill:: S4402
Law Section:: Civil Rights Law
Laws Affected:: Amd §§62, 63, 64 & 64-a, add Art 6-A §§67 - 67-b, Civ Rts L; amd §§490 & 502, rpld §502 sub 1, V & T L; amd §§4132 & 4138, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A10260
2019-2020: A3457, S56

A5465D (ACTIVE) - Summary

Enacts the "Gender Recognition Act"; repeals certain provisions relating to driver's licenses.

A5465D (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5465--D
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 17, 2021
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL,  BRONSON,  GLICK, GONZALEZ-ROJAS,
   TAYLOR, SIMON, QUART, EPSTEIN, SEAWRIGHT, LAVINE, GOTTFRIED,  LUPARDO,
   FERNANDEZ, DINOWITZ, HYNDMAN, BURDICK, GALLAGHER, OTIS, HEVESI, REYES,
   JACKSON,  DAVILA,  LUNSFORD, FORREST, CRUZ, DE LA ROSA, PERRY, THIELE,
   SILLITTI, DICKENS, ZINERMAN, ENGLEBRIGHT, STECK, MAMDANI, FAHY, KELLES
   -- 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 -- again reported from said  committee  with  amendments,  ordered
   reprinted as amended and recommitted to said committee -- reported and
   referred  to  the  Committee  on  Codes  -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  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 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 62 of the civil rights law is amended by adding two new
 subdivisions 3 and 4 to read as follows:
   3. EXCEPT AS PROVIDED IN SUBDIVISIONS ONE AND TWO OF THIS SECTION, THE
 COURT SHALL NOT REQUIRE ANY OTHER PRE-HEARING NOTICE.   THE COURT  SHALL
 NOT  CONDITION  THE ENTRY OF AN ORDER ON NOTICE TO ANY OTHER PARTY OR TO
 ANY CITY, STATE OR FEDERAL AGENCY EXCEPT BY WRITTEN ORDER DETAILING  THE
 COURT'S  REASONING  FOR REQUIRING SUCH NOTICE AND SHOWING CAUSE WHY SUCH
 NOTICE SHOULD BE SERVED. UNDER NO CIRCUMSTANCES SHALL THE COURT  REQUIRE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05588-09-1

 A. 5465--D                          2
 
 NOTICE  TO  UNITED  STATES  IMMIGRATION  AND CUSTOMS ENFORCEMENT, UNITED
 STATES CUSTOMS AND BORDER  PROTECTION,  UNITED  STATES  CITIZENSHIP  AND
 IMMIGRATION  SERVICES, OR ANY SUCCESSOR AGENCIES, OR ANY AGENCIES HAVING
 SIMILAR DUTIES.
   4. THE COURT SHALL NOT REQUEST OR REQUIRE CONSENT FROM ANY PARTY OTHER
 THAN  THE  PETITIONER,  OR IN THE CASE OF A PETITIONER WHO DOES NOT HAVE
 CAPACITY TO CONSENT, THEIR  LEGAL  REPRESENTATIVE,  AS  A  CONDITION  OF
 GRANTING  THE  NAME  CHANGE  OR  OBTAINING  CERTIFIED COPIES OF THE NAME
 CHANGE ORDER.
   § 3. 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]  THE APPLICANT'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] THEY ARE 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.  [Such order shall also direct the publication,  at  least  once,
 within sixty days after the making of the order, in a designated newspa-
 per  in  the  county in which the order is directed to be entered and if
 the petition is made by a person subject to the provisions  of  subdivi-
 sion 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  examined   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 .................................]
   §  4. 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. 1. If the order [shall be fully complied with, and with-
 in ninety days after the making of the order, an affidavit of the publi-
 cation 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

 A. 5465--D                          3

 complied with; and, if] 2. (A) IF the petition states that the petition-
 er 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 twen-
 ty-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] (B) IF THE PETITION STATES THAT THE PETITIONER IS  RESPONSI-
 BLE  FOR  SPOUSAL SUPPORT OR CHILD SUPPORT OBLIGATIONS PURSUANT TO COURT
 ORDER, UPON REVIEW OF THE PETITIONER'S APPLICATION FOR NAME  CHANGE  AND
 SUBSEQUENT  INQUIRY,  THE  COURT MAY, IN ITS DISCRETION, ORDER THE PETI-
 TIONER TO 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 CERTIFIED COPY THEREOF AND SHALL BE ENTERED IN
 THE COURT'S MINUTES OF THE PROCEEDING.
   3.  A NAME CHANGE ORDER OR OTHER DOCUMENTATION OF NAME CHANGE SHALL BE
 SUFFICIENT TO CHANGE THE PETITIONER'S NAME ON  ANY  DOCUMENT  OR  RECORD
 ISSUED  OR MAINTAINED BY THE STATE OF NEW YORK OR ANY SUBDIVISION THERE-
 OF, OR ANY PRIVATE ENTITY, INCLUDING BUT  NOT  LIMITED  TO,  ALL  SCHOOL
 RECORDS  FOR  CURRENT  AND  PAST STUDENTS, ARCHIVAL RECORDS AND MARRIAGE
 CERTIFICATES. FAILURE OF A PUBLIC OR PRIVATE ENTITY TO COMPLY WITH  SUCH
 A  REQUEST  MAY CONSTITUTE A VIOLATION OF SECTION TWO HUNDRED NINETY-SIX
 OF THE EXECUTIVE LAW, SECTION FORTY-C OF THIS CHAPTER AND ANY APPLICABLE
 LOCAL NON-DISCRIMINATION LAW AND MAY BE THE BASIS FOR A COMPLAINT TO THE
 NEW YORK STATE  DIVISION  OF  HUMAN  RIGHTS  AND  ANY  OTHER  APPLICABLE
 ENFORCEMENT ENTITY.
   §  5.  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
 lacks  specific instances of or a personal history of threat to personal
 safety.  The], THE court shall, AT THE REQUEST OF THE APPLICANT  OR  SUA
 SPONTE,  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.   THE COURT SHALL NOT DENY SUCH SEALING
 REQUEST SOLELY ON THE BASIS THAT THE APPLICANT LACKS SPECIFIC  INSTANCES
 OF OR A PERSONAL HISTORY OF THREAT TO PERSONAL SAFETY.

 A. 5465--D                          4
 
   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.
   § 6. 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. ORDER.
         67-B. 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 SEX DESIGNATION 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.  WHEN AN INDIVIDUAL PETITIONS THE COURT TO RECOGNIZE  THEIR  GENDER
 IDENTITY  OR  TO  AMEND THE SEX DESIGNATION ON AN IDENTITY DOCUMENT, THE
 COURT SHALL ISSUE SUCH AN ORDER UPON RECEIPT OF AN AFFIDAVIT  FROM  SUCH
 INDIVIDUAL  ATTESTING TO THEIR GENDER IDENTITY OR REASON FOR THE CHANGE.
 NO ADDITIONAL MEDICAL EVIDENCE SHALL BE REQUIRED TO GRANT SUCH  REQUEST.
 NO  SUCH  ORDER  SHALL  BE REQUIRED TO AMEND AN IDENTITY DOCUMENT ISSUED
 WITHIN NEW YORK STATE. NO SUCH ORDER  SHALL  BE  REQUIRED  TO  OTHERWISE
 RECOGNIZE  THE  GENDER  OF  AN INDIVIDUAL AND TREAT THEM CONSISTENT WITH
 THEIR GENDER IDENTITY WITHIN NEW YORK STATE OR UNDER NEW YORK STATE LAW.
 NO FEE SHALL BE CHARGED FOR A REQUEST FOR JUDICIAL INTERVENTION  ASSOCI-
 ATED WITH A PETITION TO CHANGE SEX DESIGNATION.
   3.  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.
   § 67-A. 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 SEX DESIGNATION PROPOSED, AND IF THE PETITION
 BE TO CHANGE THE SEX DESIGNATION 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  SEX  DESIGNATION
 PROPOSED.
   §  67-B.  SEALING CHANGE OF SEX DESIGNATION PAPERS. 1. UPON REQUEST OF
 THE APPLICANT OR SUA SPONTE, 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  APPLI-
 CANT.
   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

 A. 5465--D                          5
 
 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.
   §  7.  Subdivision 2 of section 490 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:
   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:
   "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.
   § 8. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
 amended by chapter 487 of the laws of 2012, is REPEALED.
   §  9.  Subdivision 1 of section 502 of the vehicle and traffic law, as
 amended by chapter 37 of the  laws  of  2019,  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.   With
 respect to a non-commercial driver's license or learner's  permit  which
 does  not  meet federal standards for identification, in addition to the
 acceptable proofs of age and identity approved by the commissioner as of
 January first, two thousand nineteen, acceptable proof of identity shall
 also include, but not be limited to, a valid, unexpired foreign passport
 issued by the applicant's country of citizenship (which  shall  also  be
 eligible  as  proof  of age), a valid, unexpired consular identification
 document issued by a consulate from the applicant's country of  citizen-
 ship, or a valid foreign driver's license that includes a photo image of
 the  applicant  and  which is unexpired or expired for less than twenty-

 A. 5465--D                          6

 four months of its date of expiration, as primary forms of  such  proof.
 Nothing  contained  in  this subdivision shall be deemed to preclude the
 commissioner from approving additional proofs of identity and age.   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 CONSIST-
 ENT 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 or, in lieu  there-
 of, with respect to an application for a non-commercial driver's license
 or  learner's permit which does not meet federal standards for identifi-
 cation, an affidavit signed by such applicant that they  have  not  been
 issued  a  social security number.   The commissioner also shall provide
 SPACE ON THE APPLICATION SO THAT THE APPLICANT MAY  REQUEST  A  NOTATION
 UPON  SUCH LICENSE THAT SUCH APPLICANT IS A VETERAN OF THE UNITED STATES
 ARMED FORCES, AND 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

 A. 5465--D                          7
 
 to  the application for such license, the commissioner shall revoke such
 license.
   § 10. Section 4132 of the public health law is amended by adding a new
 subdivision 5 to read as follows:
   5.  EACH  PARENT  OF  THE  CHILD  MAY  CHOOSE  TO BE DESIGNATED ON THE
 ORIGINAL CERTIFICATE OF BIRTH OR BY AMENDMENT AS "FATHER" OR "MOTHER" OR
 "PARENT".
   § 11. 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 section 9 of part L of chapter 56 of the laws  of  2020,  are
 amended  and  a  new  paragraph (f) is added to subdivision 1 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  signatory other than the person who gave birth and the commissioner
 thereafter receives the acknowledgment of parentage 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 person who
 gave birth and the other signatory which authorizes  the  entry  of  the
 name  of such other signatory, and which may also authorize a conforming
 change in the surname of the child[.]; OR
   (F) ANY PERSON BORN IN NEW YORK STATE WHO SUBMITS  AN  APPLICATION  TO
 CHANGE  THE  GENDER  ON THE BIRTH CERTIFICATE AND AN AFFIDAVIT ATTESTING
 UNDER PENALTY OF PERJURY THAT THE REQUEST FOR  A  CHANGE  OF  GENDER  TO
 (FEMALE, MALE, OR X) IS TO CONFORM THE PERSON'S DOCUMENTS AND RECORDS TO
 THE PERSON'S GENDER IDENTITY AND IS NOT MADE FOR ANY FRAUDULENT PURPOSE.
 A  SEX  DESIGNATION  OF X SHALL NOT BE A REQUIRED SEX DESIGNATION OF ANY
 INDIVIDUAL. UPON RECEIPT OF THE DOCUMENTATION,  THE  COMMISSIONER  SHALL
 ESTABLISH  A  NEW  BIRTH CERTIFICATE REFLECTING THE GENDER STATED IN THE
 APPLICATION AND ANY CHANGE IN NAME, IF ACCOMPANIED BY A COURT ORDER  FOR
 A  CHANGE  OF  NAME.   IF SUCH APPLICATION IS MADE ON BEHALF OF A PERSON
 YOUNGER THAN SEVENTEEN, SUCH AFFIDAVIT SHALL BE SIGNED BY  THE  PERSON'S
 PARENT,  LEGAL  GUARDIAN,  MENTAL  HEALTH OR MEDICAL PROVIDER, OR SOCIAL
 SERVICES PROVIDER.
   § 12. This act shall take effect on  the  one  hundred  eightieth  day
 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 effective date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

assembly Bill A5465D

Sponsored By

Archive: Last Bill Status Via S4402 - Signed by Governor

Your Voice

Actions

Votes

Jun 8, 2021 - floor Vote

Floor Vote: Jun 8, 2021

Mar 8, 2021 - Codes committee Vote

Committee Vote: Mar 8, 2021

Bill Amendments

Co-Sponsors

Multi-Sponsors

A5465 - Details

A5465 - Summary

A5465 - Bill Text download pdf

Co-Sponsors

Multi-Sponsors

A5465A - Details

A5465A - Summary

A5465A - Bill Text download pdf

Co-Sponsors

Multi-Sponsors

A5465B - Details

A5465B - Summary

A5465B - Bill Text download pdf

Co-Sponsors

Multi-Sponsors

A5465C - Details

A5465C - Summary

A5465C - Bill Text download pdf

Co-Sponsors

Multi-Sponsors

A5465D (ACTIVE) - Details

A5465D (ACTIVE) - Summary

A5465D (ACTIVE) - Bill Text download pdf

Comments

assembly Bill A5465D

Share this bill

Sponsored By

O'DONNELL

Archive: Last Bill Status Via S4402 - Signed by Governor

Your Voice

Actions

Votes

Jun 8, 2021 - floor Vote

Floor Vote: Jun 8, 2021

Mar 8, 2021 - Codes committee Vote

Committee Vote: Mar 8, 2021

Bill Amendments

Co-Sponsors

Harry B. Bronson

Deborah Glick

Jessica Gonzalez-Rojas

Al Taylor

Jo Anne Simon

Dan Quart

Harvey Epstein

Rebecca Seawright

Charles Lavine

Richard Gottfried

Donna Lupardo

Nathalia Fernandez

Jeffrey Dinowitz

Alicia Hyndman

Multi-Sponsors

Vivian Cook

A5465 - Details

A5465 - Summary

A5465 - Bill Text download pdf

Co-Sponsors

Harry B. Bronson

Deborah Glick

Jessica Gonzalez-Rojas

Al Taylor

Jo Anne Simon

Dan Quart

Harvey Epstein

Rebecca Seawright

Charles Lavine

Richard Gottfried

Donna Lupardo

Nathalia Fernandez

Jeffrey Dinowitz

Alicia Hyndman

Multi-Sponsors

Vivian Cook

A5465A - Details

A5465A - Summary

A5465A - Bill Text download pdf

Co-Sponsors

Harry B. Bronson

Deborah Glick

Jessica Gonzalez-Rojas

Al Taylor

Jo Anne Simon

Dan Quart

Harvey Epstein

Rebecca Seawright

Charles Lavine

Richard Gottfried

Donna Lupardo

Nathalia Fernandez

Jeffrey Dinowitz

Alicia Hyndman

Chris Burdick

Emily Gallagher

Steven Otis

Andrew Hevesi

Karines Reyes

Chantel Jackson

Maritza Davila

Jen Lunsford

Phara Souffrant Forrest

Catalina Cruz

Carmen De La Rosa

N. Nick Perry