Bill Text: NY A05395 | 2019-2020 | General Assembly | Amended

New York Assembly Bill 5395 (Prior Session Legislation)

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

Bill Title: Provides three options for the designation of sex by applicants for non-driver identification cards, drivers' licenses and learners' permits.

Spectrum: Partisan Bill (Democrat 25-0)

Status: (Introduced - Dead) 2020-01-08 - referred to ways and means [A05395 Detail]

Download: New_York-2019-A05395-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                         5395--B

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    February 11, 2019
                                       ___________

        Introduced  by  M.  of A. ORTIZ, DAVILA, PICHARDO, TAYLOR, MOSLEY, COOK,
          SEAWRIGHT, CARROLL, DE LA ROSA, QUART, GLICK, SIMOTAS,  REYES,  SIMON,
          LAVINE,  D'URSO,  CRUZ, DICKENS, O'DONNELL, ROMEO, EPSTEIN, GOTTFRIED,
          ARROYO, L. ROSENTHAL, BRONSON -- read once and referred to the Commit-
          tee on Transportation -- 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 vehicle and traffic law, in relation to the desig-
          nation of sex by applicants for non-driver identification cards, driv-
          ers' licenses and learners' permits

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.   The opening paragraph of subdivision 2 of section 490 of
     2  the vehicle and traffic law, as amended by chapter 465 of  the  laws  of
     3  2012, is amended to read as follows:
     4    Any person to whom a driver's license or learner's permit has not been
     5  issued  by  the  commissioner,  or  whose  driver's license or learner's
     6  permit is expired, suspended, revoked or surrendered, may make  applica-
     7  tion  to  the  commissioner  for the issuance of an identification card.
     8  Whenever the application requires an applicant to designate such  appli-
     9  cant's  sex,  the commissioner shall provide the following three options
    10  on such application: "male", "female" and "X". Option "X"  may  indicate
    11  non  binary,  intersex, undesignated, or other, and may be designated by
    12  any applicant who self-certifies thereto. The commissioner shall  ensure
    13  that  space  is  provided on the application so that the applicant shall
    14  register or decline registration in the donate life registry  for  organ
    15  and  tissue donations pursuant to section forty-three hundred ten of the
    16  public health law and that the following is stated on the application in
    17  clear and conspicuous type:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05830-08-9

        A. 5395--B                          2

     1    § 2. The opening paragraph of subdivision 1  of  section  502  of  the
     2  vehicle  and traffic law, as amended by chapter 465 of the laws of 2012,
     3  is amended to read as follows:
     4    Application  for a driver's license shall be made to the commissioner.
     5  The fee prescribed by law may be submitted with  such  application.  The
     6  applicant  shall furnish such proof of identity, age, and fitness as may
     7  be required by the commissioner. The commissioner may also provide  that
     8  the  application  procedure shall include the taking of a photo image or
     9  images of  the  applicant  in  accordance  with  rules  and  regulations
    10  prescribed  by  the  commissioner.  Whenever the application requires an
    11  applicant to designate such  applicant's  sex,  the  commissioner  shall
    12  provide  the  following  three  options  on  such  application:  "male",
    13  "female" and "X". Option "X" may indicate non binary, intersex, undesig-
    14  nated, or other, and may be designated by any applicant who  self-certi-
    15  fies  thereto. In addition, the commissioner also shall require that the
    16  applicant provide his or her social security number  and  shall  provide
    17  space  on  the application so that the applicant may register in the New
    18  York state organ and tissue donor  registry  under  section  forty-three
    19  hundred  ten  of  the public health law with the following stated on the
    20  application in clear and conspicuous type:
    21    § 3. This act shall take effect one year after it shall have become  a
    22  law. Effective immediately, the addition, amendment and/or repeal of any
    23  rule  or  regulation necessary for the implementation of this act on its
    24  effective date are authorized to be made and completed on or before such
    25  date.