S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4402
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2021
                                ___________
 
 Introduced  by  Sens. HOYLMAN, BENJAMIN, BIAGGI, JACKSON, RAMOS, RIVERA,
   SALAZAR, SEPULVEDA -- read twice and ordered printed, and when printed
   to be committed to the Committee on Codes
 
 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
 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

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

                                                            LBD05588-02-1

 S. 4402                             2

 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.
   §  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

 S. 4402                             3
 
 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.
   § 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

 S. 4402                             4
 
 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
 or learner's permit which does not meet federal standards for  identifi-

 S. 4402                             5
 
 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:

 S. 4402                             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)  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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4402--A
     Cal. No. 515
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2021
                                ___________
 
 Introduced   by   Sens.   HOYLMAN,  BAILEY,  BENJAMIN,  BIAGGI,  COONEY,
   GOUNARDES, JACKSON, PARKER, RAMOS, RIVERA, SALAZAR, SEPULVEDA --  read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Codes -- reported favorably from said committee,  ordered
   to  first  and  second report, ordered to a third reading, amended and
   ordered reprinted, retaining its place in the order of third reading
 
 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
 GRANTING  THE  NAME  CHANGE  OR  OBTAINING  CERTIFIED COPIES OF THE NAME
 CHANGE ORDER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05588-08-1

 S. 4402--A                          2
 
   § 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
 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

 S. 4402--A                          3

 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
 their  inadvertent or unauthorized use or disclosure while the matter is
 pending.

 S. 4402--A                          4
 
   § 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.
   § 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

 S. 4402--A                          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-

 S. 4402--A                          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

 S. 4402--A                          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.