Bill Text: NY A03457 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Enacts the "Gender Recognition Act"; repeals certain provisions of the vehicle and traffic law relating to driver's licenses.

Spectrum: Partisan Bill (Democrat 22-0)

Status: (Introduced - Dead) 2020-01-08 - referred to governmental operations [A03457 Detail]

Download: New_York-2019-A03457-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         3457--A
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 29, 2019
                                       ___________
        Introduced  by  M. of A. ORTIZ, D'URSO, JAFFEE, ARROYO, TAYLOR, SIMOTAS,
          SIMON, QUART, EPSTEIN, SEAWRIGHT, LAVINE, BRONSON, GOTTFRIED, GLICK --
          Multi-Sponsored by -- M. of A. COOK -- read once and referred  to  the
          Committee  on  Governmental  Operations  -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
        AN  ACT  to  amend the civil rights law, the vehicle and traffic law and
          the public health law, in relation to enacting the "Gender Recognition
          Act"; and to repeal subdivision 1 of section 502 of  the  vehicle  and
          traffic law relating to driver's licenses
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "Gender Recognition Act".
     3    § 2.  Section 63 of the civil rights law, as amended by chapter 253 of
     4  the laws of 2014, is amended to read as follows:
     5    § 63. Order. If the court to which the petition is presented is satis-
     6  fied  thereby,  or by the affidavit and certificate presented therewith,
     7  that the petition is true, and that there is no reasonable objection  to
     8  the  change  of name proposed, and if the petition be to change the name
     9  of an infant, that the interests of the  infant  will  be  substantially
    10  promoted  by  the  change, the court shall make an order authorizing the
    11  petitioner to assume the name proposed. The order shall  further  recite
    12  the  date  and place of birth of the applicant and, if the applicant was
    13  born in the state of New York, such order shall set forth the number  of
    14  [his]  such  infant's  birth certificate or that no birth certificate is
    15  available. The order shall be directed to be entered and the  papers  on
    16  which  it  was granted to be filed [prior to the publication hereinafter
    17  directed] in the clerk's office of the county in  which  the  petitioner
    18  resides  if  he  be  an individual, or in the office of the clerk of the
    19  civil court of the city of New York if the order be made by that  court.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03194-02-9
        A. 3457--A                          2
     1  [Such  order  shall  also  direct the publication, at least once, within
     2  sixty days after the making of the order, in a designated  newspaper  in
     3  the county in which the order is directed to be entered and if the peti-
     4  tion is made by a person subject to the provisions of subdivision two of
     5  section  sixty-two  of  this  article,  in a designated newspaper in any
     6  county wherein such person was convicted if different from the county in
     7  which the order is otherwise directed to be  entered,  of  a  notice  in
     8  substantially  the  following form: Notice is hereby given that an order
     9  entered by the ............ court,............ county, on the ...... day
    10  of......., bearing Index Number..........., a copy of which may be exam-
    11  ined at the office of the clerk, located at .................,  in  room
    12  number.......,   grants   me   the   right   to   assume   the  name  of
    13  ...................   The city and  state  of  my  present  address  are
    14  .........................;   the   month   and  year  of  my  birth  are
    15  ................; the place of  my  birth  is  ....................;  my
    16  present name is .................................]
    17    §  2-a.  Section 64 of the civil rights law, as amended by chapter 258
    18  of the laws of 2006, and the closing paragraph as separately amended  by
    19  chapters  258,  320  and  481 of the laws of 2006, is amended to read as
    20  follows:
    21    § 64. Effect. If the order [shall be fully complied with,  and  within
    22  ninety  days after the making of the order, an affidavit of the publica-
    23  tion thereof shall be filed  in  the  office  in  which  the  order]  is
    24  entered,  the  petitioner  shall  be  known by the name which is thereby
    25  authorized to be assumed. If the surname  of  a  parent  be  changed  as
    26  provided  in this article, any minor child of such parent at the time of
    27  such change may thereafter assume such changed surname.
    28    [Upon compliance with the order and the filing of the affidavit of the
    29  publication, as provided in this section, the  clerk  of  the  court  in
    30  which  the  order has been entered shall certify that the order has been
    31  complied with; and, if] If  the  petition  states  that  the  petitioner
    32  stands convicted of a violent felony offense as defined in section 70.02
    33  of  the penal law or a felony defined in article one hundred twenty-five
    34  of such law or any of the following  provisions  of  such  law  sections
    35  130.25,  130.30,  130.40,  130.45,  255.25,  255.26, 255.27, article two
    36  hundred sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two  of
    37  section  230.30  or  230.32,  [such] the clerk of the court in which the
    38  order has been entered (1) shall deliver, by first class mail, a copy of
    39  such certified order to the division of criminal justice services at its
    40  office in the county of Albany and (2)  upon  the  clerk  of  the  court
    41  reviewing  the  petitioner's  application for name change and subsequent
    42  in-court inquiry, may, in the  clerk's  discretion,  deliver,  by  first
    43  class  mail,  the petitioner's new name with such certified order to the
    44  court of competent jurisdiction which imposed  the  orders  of  support.
    45  Such  certification shall appear on the original order and on any certi-
    46  fied copy thereof and shall be entered in the  clerk's  minutes  of  the
    47  proceeding.
    48    § 2-b. Section 64-a of the civil rights law, as amended by chapter 241
    49  of the laws of 2015, is amended to read as follows:
    50    §  64-a. [Exemption from publication requirements] Sealing name change
    51  papers. 1. If the court shall find that [the publication] open record of
    52  an applicant's change of name would jeopardize such applicant's personal
    53  safety, based on  totality  of  the  circumstances  [the  provisions  of
    54  sections  sixty-three  and sixty-four of this article requiring publica-
    55  tion shall be waived and shall be inapplicable. Provided,  however,  the
    56  court  shall  not deny such waiver soley on the basis that the applicant
        A. 3457--A                          3

     1  lacks specific instances of or a personal history of threat to  personal
     2  safety.  The],  the court shall order the records of such change of name
     3  proceeding [to] be sealed, to be opened only by order of the  court  for
     4  good  cause  shown or at the request of the applicant.  For the purposes
     5  of this section, "totality of the circumstances" shall include, but  not
     6  be limited to, a consideration of the risk of violence or discrimination
     7  against  the applicant, including such applicant's status as transgender
     8  or as the subject of domestic violence.
     9    2. Notwithstanding any other provision of law, pending such a  finding
    10  in subdivision one of this section where an applicant seeks relief under
    11  this  section, the court shall immediately order the applicant's current
    12  name, proposed new name, residential and business  addresses,  telephone
    13  numbers,  and any other information contained in any pleadings or papers
    14  submitted to the court to be safeguarded and sealed in order to  prevent
    15  their  inadvertent or unauthorized use or disclosure while the matter is
    16  pending.
    17    § 2-c. The civil rights law is amended by adding a new article 6-A  to
    18  read as follows:
    19                                 ARTICLE 6-A
    20                          CHANGE OF SEX DESIGNATION
    21  Section 67. Petition to change of sex designation.
    22          67-a. Contents.
    23          67-b. Notice.
    24          67-c. Order.
    25          67-d. Effect.
    26          67-e. Sealing change of sex designation papers.
    27    §  67.  Petition to change of sex designation. 1. A petition for leave
    28  to change sex designation may be made by a resident of the state to  the
    29  county  court  of the county or the supreme court in the county in which
    30  such resident resides, or, if such resident resides in the city  of  New
    31  York, either to the supreme court or to any branch of the civil court of
    32  the  city  of New York, in any county of the city of New York. The peti-
    33  tion to change the name of an infant may be made by the  infant  through
    34  either of such infant's parents, or by such infant's general guardian or
    35  by the guardian of such infant's person.
    36    2.  Such request may be made simultaneously with a petition for change
    37  of name pursuant to section sixty or sixty-five of this  chapter  or  on
    38  its own, the record to be sealed upon good cause shown.
    39    §  67-a.  Contents. 1. The petition shall be in writing, signed by the
    40  petitioner and verified in like manner as  a  pleading  in  a  court  of
    41  record, and shall specify the grounds of the application, the name, date
    42  of  birth, place of birth, age and residence of the individual whose sex
    43  designation is proposed to be changed and the sex designation which such
    44  petitioner proposes to assume.
    45    2. Upon all applications for change of name by  persons  born  in  the
    46  state  of  New  York,  there  shall be annexed to such petition either a
    47  birth certificate or a certified transcript thereof or a certificate  of
    48  the commissioner or local board of health that none is available.
    49    § 67-b. Notice. 1. If the petition be to change the sex designation of
    50  an infant, notice of the time and place when and where the petition will
    51  be presented must be served, in like manner as a notice of a motion upon
    52  an  attorney  in an action, upon (a) both parents of the infant, if they
    53  be living, unless the petition be made by one of the parents,  in  which
    54  case  notice  must be served upon the other, if he or she be living, and
    55  (b) the general guardian or guardian of the person, if there be one. But
    56  if any of the persons, required to be  given  notice  by  this  section,
        A. 3457--A                          4
     1  reside  without the state, then the notice required by this section must
     2  be sent by registered mail to the last known address of the person to be
     3  served. If it appears to the satisfaction of the  court  that  a  person
     4  required  to  be given notice by this section cannot be located with due
     5  diligence within the state, and that such person has  no  known  address
     6  without  the  state,  then the court may dispense with notice or require
     7  notice to be given to such persons and  in  such  manner  as  the  court
     8  thinks proper.
     9    §  67-c.  Order.  If  the  court to which the petition is presented is
    10  satisfied thereby, or by the affidavit and certificate presented  there-
    11  with,  that  the  petition  is  true,  and  that  there is no reasonable
    12  objection to the change of name proposed, and  if  the  petition  be  to
    13  change  the  name of an infant, that the interests of the infant will be
    14  substantially promoted by the change, the  court  shall  make  an  order
    15  authorizing  the petitioner to assume the name proposed. The order shall
    16  further recite the date and place of birth of the applicant and, if  the
    17  applicant  was born in the state of New York, such order shall set forth
    18  the number of such infant's birth certificate or that no  birth  certif-
    19  icate  is  available.  The order shall be directed to be entered and the
    20  papers on which it was granted to be filed in the clerk's office of  the
    21  county in which the petitioner resides if he be an individual, or in the
    22  office  of  the  clerk of the civil court of the city of New York if the
    23  order be made by that court.
    24    § 67-d. Effect. If the order is entered, the petitioner shall be known
    25  by the name which is thereby authorized to be assumed. If the surname of
    26  a parent be changed as provided in this article, any minor child of such
    27  parent at the time of such change may  thereafter  assume  such  changed
    28  surname.
    29    §  67-e.  Sealing  change  of  sex designation papers. 1. If the court
    30  shall find that open record of an applicant's change of sex  designation
    31  would  jeopardize such applicant's personal safety, based on totality of
    32  the circumstances, the court shall order the records of such  change  of
    33  sex  designation  proceeding to be sealed, to be opened only by order of
    34  the court for good cause shown or at the request of the  applicant.  For
    35  the  purposes  of  this  section,  "totality of the circumstances" shall
    36  include, but not be limited to, a consideration of the risk of  violence
    37  or  discrimination  against  the  applicant,  including such applicant's
    38  status as transgender or as the subject of domestic violence.
    39    2. Notwithstanding any other provision of law, pending such a  finding
    40  in subdivision one of this section where an applicant seeks relief under
    41  this  section, the court shall immediately order the applicant's current
    42  name, sex designation, proposed new  sex  designation,  residential  and
    43  business   addresses,  telephone  numbers,  and  any  other  information
    44  contained in any pleadings or papers submitted to the court to be  safe-
    45  guarded and sealed in order to prevent their inadvertent or unauthorized
    46  use or disclosure while the matter is pending.
    47    §  3.  Subdivision 1 of section 502 of the vehicle and traffic law, as
    48  amended by chapter 487 of the laws of 2012, is REPEALED.
    49    § 4. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
    50  amended by chapter 465 of the laws of 2012, the third undesignated para-
    51  graph  as amended by chapter 248 of the laws of 2016, is amended to read
    52  as follows:
    53    1. Application for license. Application for a driver's  license  shall
    54  be  made to the commissioner. The fee prescribed by law may be submitted
    55  with such application. The applicant shall furnish such proof of identi-
    56  ty, age, and fitness as may be required by the commissioner.  The appli-
        A. 3457--A                          5
     1  cant shall indicate their sex designation of male, female, or  x,  which
     2  can  indicate  nonbinary,  intersex,  undesignated,  or  other,  and the
     3  commissioner shall not require documentation for  an  original  driver's
     4  license  applicant's  initial  indication  of  a  sex  designation  or a
     5  licensed applicant's request for an amendment other than the  following:
     6  the  applicant's  self-certification  of  their  sex;  or  documentation
     7  required by this chapter as necessary to establish that an applicant  is
     8  lawfully  entitled  to a license. The commissioner may also provide that
     9  the application procedure shall include the taking of a photo  image  or
    10  images  of  the  applicant  in  accordance  with  rules  and regulations
    11  prescribed by the commissioner. In addition, the commissioner also shall
    12  require that the applicant provide [his or her] such applicant's  social
    13  security number, shall provide space so that the applicant may request a
    14  notation upon such license that the applicant is a veteran of the United
    15  States  armed forces, and shall provide space on the application so that
    16  the applicant may register in the New York state organ and tissue  donor
    17  registry  under section forty-three hundred ten of the public health law
    18  with the following stated on the application in  clear  and  conspicuous
    19  type:
    20    "You  must  fill out the following section: Would you like to be added
    21  to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
    22  tion'."
    23    The  commissioner  of  health shall not maintain records of any person
    24  who checks "skip this question". Except where the application is made in
    25  person or electronically, failure to check a box shall  not  impair  the
    26  validity of an application, and failure to check "yes" or checking "skip
    27  this  question" shall not be construed to imply a wish not to donate. In
    28  the case of an applicant under eighteen years  of  age,  checking  "yes"
    29  shall  not constitute consent to make an anatomical gift or registration
    30  in the donate life registry, except as otherwise  provided  pursuant  to
    31  the  provisions  of  paragraph  (b) of subdivision one of section forty-
    32  three hundred one of the public  health  law.  Where  an  applicant  has
    33  previously  consented  to  make  an anatomical gift or registered in the
    34  donate life registry, checking "skip this question" or failing to  check
    35  a  box  shall  not  impair that consent or registration. In addition, an
    36  applicant for a commercial driver's license who will operate  a  commer-
    37  cial motor vehicle in interstate commerce shall certify that such appli-
    38  cant  meets  the  requirements to operate a commercial motor vehicle, as
    39  set forth in public law 99-570, title XII, and title 49 of the  code  of
    40  federal  regulations,  and  all  regulations  promulgated  by the United
    41  States secretary of transportation under the hazardous materials  trans-
    42  portation  act.  In  addition,  an  applicant  for a commercial driver's
    43  license shall submit a medical certificate at such intervals as required
    44  by the federal motor carrier safety improvement act  of  1999  and  Part
    45  383.71(h)  of  title  49  of the code of federal regulations relating to
    46  medical certification and in a manner prescribed  by  the  commissioner.
    47  For  purposes  of  this  section  and  sections five hundred three, five
    48  hundred ten-a, and five hundred ten-aa of this title, the terms "medical
    49  certificate" and "medical certification" shall mean a form substantially
    50  in compliance with the form set forth in Part 391.43(h) of title  49  of
    51  the code of federal regulations. Upon a determination that the holder of
    52  a commercial driver's license has made any false statement, with respect
    53  to  the application for such license, the commissioner shall revoke such
    54  license.
    55    § 5. The section heading and paragraph (e) of subdivision 1 of section
    56  4138 of the public health law, the section heading as amended by chapter
        A. 3457--A                          6
     1  201 of the laws of 1972 and paragraph (e) of subdivision 1 as amended by
     2  chapter 214 of the laws of 1998, are amended and a new subdivision 8  is
     3  added to read as follows:
     4    Birth  certificate;  new certificate in case of subsequent marriage of
     5  unwed parents; adoption; adjudication of parentage; change  of  name  of
     6  registrant or parent; gender transition of registrant or parent.
     7    (e) the certificate of birth of a child born out of wedlock as defined
     8  in paragraph (b) of subdivision one of section four thousand one hundred
     9  thirty-five  of this article has been filed without entry of the name of
    10  the father and the commissioner thereafter receives  the  acknowledgment
    11  of  paternity  pursuant  to  section  one hundred eleven-k of the social
    12  services law or section four thousand one hundred thirty-five-b of  this
    13  article  executed by the putative father and mother which authorizes the
    14  entry of the name of  such  father,  and  which  may  also  authorize  a
    15  conforming change in the surname of the child; or,
    16    (f) proper proof is submitted to the commissioner from or by the clerk
    17  of  a court of a competent jurisdiction to reflect a change of gender to
    18  female, male,  or  nonbinary  pursuant  to  subdivision  eight  of  this
    19  section.
    20    8.  The  commissioner  shall require that a petition pursuant to para-
    21  graph (f) of subdivision one of this section be accompanied by an  affi-
    22  davit  attesting  under penalty of perjury that the request for a change
    23  of gender to female, male, or nonbinary is to conform the person's legal
    24  gender to the person's gender identity and is not made for  any  fraudu-
    25  lent purpose.
    26    § 6. This act shall take effect on the one hundred eightieth day after
    27  it  shall have become a law. Effective immediately, the addition, amend-
    28  ment and/or repeal of any rule or regulation necessary for the implemen-
    29  tation of this act on its effective date are authorized to be  made  and
    30  completed on or before such effective date.