Text of CT HB 5290 (2020)

LCO No. 1424 1 of 12 General Assembly Raised Bill No. 5290 February Session, 2020 LCO No. 1424 *01424_______PH_* Referred to Committee on PUBLIC HEALTH Introduced by: (PH) AN ACT CONCERNING INTERSEX PERSONS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 46a-51 of the 2020 supplement to the general 1 statutes is repealed and the following is substituted in lieu thereof 2 (Effective October 1, 2020): 3 As used in section 4a-60a and this chapter: 4 (1) "Blind" refers to an individual whose central visual acuity does 5 not exceed 20/200 in the better eye with correcting lenses, or whose 6 visual acuity is greater than 20/200 but is accompanied by a limitation 7 in the fields of vision such that the widest diameter of the visual field 8 subtends an angle no greater than twenty degrees; 9 (2) "Commission" means the Commission on Human Rights and 10 Opportunities created by section 46a-52; 11 (3) "Commission legal counsel" means a member of the legal staff 12 employed by the commission pursuant to section 46a-54; 13 Raised Bill No. 5290 LCO No. 1424 2 of 12 (4) "Commissioner" means a member of the commission; 14 (5) "Court" means the Superior Court or any judge of said court; 15 (6) "Discrimination" includes segregation and separation; 16 (7) "Discriminatory employment practice" means any discriminatory 17 practice specified in section 46a-60 or 46a-81c; 18 (8) "Discriminatory practice" means a violation of section 4a-60, 4a- 19 60a, 4a-60g, 31-40y, subparagraph (C) of subdivision (15) of section 46a- 20 54, subdivisions (16) and (17) of section 46a-54, section 46a-58, 46a-59, 21 46a-60, 46a-64, 46a-64c, 46a-66, 46a-68, 46a-68c to 46a-68f, inclusive, or 22 46a-70 to 46a-78, inclusive, subsection (a) of section 46a-80 or sections 23 46a-81b to 46a-81o, inclusive; 24 (9) "Employee" means any person employed by an employer but shall 25 not include any individual employed by such individual's parents, 26 spouse or child; 27 (10) "Employer" includes the state and all political subdivisions 28 thereof and means any person or employer with three or more persons 29 in such person's or employer's employ; 30 (11) "Employment agency" means any person undertaking with or 31 without compensation to procure employees or opportunities to work; 32 (12) "Labor organization" means any organization which exists for the 33 purpose, in whole or in part, of collective bargaining or of dealing with 34 employers concerning grievances, terms or conditions of employment, 35 or of other mutual aid or protection in connection with employment; 36 (13) "Intellectual disability" means intellectual disability as defined in 37 section 1-1g; 38 (14) "Person" means one or more individuals, partnerships, 39 associations, corporations, limited liability companies, legal 40 representatives, trustees, trustees in bankruptcy, receivers and the state 41 Raised Bill No. 5290 LCO No. 1424 3 of 12 and all political subdivisions and agencies thereof; 42 (15) "Physically disabled" refers to any individual who has any 43 chronic physical handicap, infirmity or impairment, whether congenital 44 or resulting from bodily injury, organic processes or changes or from 45 illness, including, but not limited to, epilepsy, deafness or being hard of 46 hearing or reliance on a wheelchair or other remedial appliance or 47 device; 48 (16) "Respondent" means any person alleged in a complaint filed 49 pursuant to section 46a-82 to have committed a discriminatory practice; 50 (17) "Discrimination on the basis of sex" includes but is not limited to 51 discrimination related to pregnancy, child-bearing capacity, 52 sterilization, fertility, intersex characteristics or related medical 53 conditions. As used in this subdivision, "intersex" means a condition in 54 which an individual is born with a reproductive or sexual anatomy or 55 chromosome pattern that does not fit the typical definition of male or 56 female; 57 (18) "Discrimination on the basis of religious creed" includes but is 58 not limited to discrimination related to all aspects of religious 59 observances and practice as well as belief, unless an employer 60 demonstrates that the employer is unable to reasonably accommodate 61 to an employee's or prospective employee's religious observance or 62 practice without undue hardship on the conduct of the employer's 63 business; 64 (19) "Learning disability" refers to an individual who exhibits a severe 65 discrepancy between educational performance and measured 66 intellectual ability and who exhibits a disorder in one or more of the 67 basic psychological processes involved in understanding or in using 68 language, spoken or written, which may manifest itself in a diminished 69 ability to listen, speak, read, write, spell or to do mathematical 70 calculations; 71 (20) "Mental disability" refers to an individual who has a record of, or 72 Raised Bill No. 5290 LCO No. 1424 4 of 12 is regarded as having one or more mental disorders, as defined in the 73 most recent edition of the American Psychiatric Association's 74 "Diagnostic and Statistical Manual of Mental Disorders"; and 75 (21) "Gender identity or expression" means a person's gender-related 76 identity, appearance or behavior, whether or not that gender-related 77 identity, appearance or behavior is different from that traditionally 78 associated with the person's physiology or assigned sex at birth, which 79 gender-related identity can be shown by providing evidence including, 80 but not limited to, medical history, care or treatment of the gender- 81 related identity, consistent and uniform assertion of the gender-related 82 identity or any other evidence that the gender-related identity is 83 sincerely held, part of a person's core identity or not being asserted for 84 an improper purpose. 85 (22) "Veteran" means veteran as defined in subsection (a) of section 86 27-103. 87 Sec. 2. Subsection (a) of section 1-1h of the 2020 supplement to the 88 general statutes is repealed and the following is substituted in lieu 89 thereof (Effective October 1, 2020): 90 (a) Any person who does not possess a valid motor vehicle operator's 91 license may apply to the Department of Motor Vehicles for an identity 92 card. The application for an identity card shall be accompanied by the 93 birth certificate of the applicant or a certificate of identification of the 94 applicant issued and authorized for such use by the Department of 95 Correction and a fee of twenty-eight dollars. Such application shall 96 include: (1) The applicant's name; (2) the applicant's address; (3) 97 whether the address is permanent or temporary; (4) the applicant's date 98 of birth; (5) notice to the applicant that false statements on such 99 application are punishable under section 53a-157b; and (6) such other 100 pertinent information as the Commissioner of Motor Vehicles deems 101 necessary. An intersex applicant shall have the option of identifying the 102 applicant's sex as intersex. The commissioner shall accept as proof of 103 such applicant's identification as intersex, in a form and manner 104 Raised Bill No. 5290 LCO No. 1424 5 of 12 prescribed by the commissioner, evidence of such applicant's intersex 105 characteristics and specify such applicant's sex as intersex on such 106 applicant's identity card. The applicant shall sign the application in the 107 presence of an official of the Department of Motor Vehicles. The 108 commissioner may waive the fee for any applicant (A) who has 109 voluntarily surrendered such applicant's motor vehicle operator's 110 license, (B) whose license has been refused by the commissioner 111 pursuant to subdivision (4) of subsection (e) of section 14-36, (C) who is 112 both a veteran, as defined in subsection (a) of section 27-103, and blind, 113 as defined in subsection (a) of section 1-1f, or (D) who is a resident of a 114 homeless shelter or other facility for homeless persons. The 115 commissioner shall adopt regulations, in accordance with the 116 provisions of chapter 54, to establish the procedure and qualifications 117 for the issuance of an identity card to any such homeless applicant. As 118 used in this subsection, "intersex" means a condition in which an 119 individual is born with a reproductive or sexual anatomy or 120 chromosome pattern that does not fit the typical definition of male or 121 female. 122 Sec. 3. (NEW) (Effective October 1, 2020) For purposes of issuing a 123 motor vehicle operator's license, including, but not limited to, a 124 commercial driver's license, in accordance with part III of chapter 246 of 125 the general statutes, the Commissioner of Motor Vehicles shall accept as 126 proof of an individual's identification as intersex, in a form and manner 127 prescribed by the commissioner, evidence of an individual's intersex 128 characteristics. The commissioner shall specify the sex of any individual 129 who submits such evidence as intersex on such individual's license. As 130 used in this section, "intersex" means a condition in which an individual 131 is born with a reproductive or sexual anatomy or chromosome pattern 132 that does not fit the typical definition of male or female. 133 Sec. 4. Subsection (a) of section 7-48 of the general statutes is repealed 134 and the following is substituted in lieu thereof (Effective October 1, 2020): 135 (a) Not later than ten days after each live birth which occurs in this 136 state, a birth certificate shall be filed with the registrar of vital statistics 137 Raised Bill No. 5290 LCO No. 1424 6 of 12 in the town in which the birth occurred and the certificate shall be 138 registered if properly filed, by manual or electronic systems as 139 prescribed by the commissioner. [On and after January 1, 1994, each] 140 Each hospital with two hundred or more live births in any calendar year 141 [1990, or any subsequent calendar year,] shall electronically transmit 142 birth information data to the department in a computer format 143 approved by the department. Each birth certificate shall contain such 144 information as the department may require and shall be completed in 145 its entirety. The department shall accept evidence of a child's intersex 146 characteristics, in a form and manner prescribed by the commissioner, 147 and allow for the specification of the child's sex as intersex on the child's 148 birth certificate. Medical and health information which is required by 149 the department, including information regarding voluntary 150 acknowledgments of paternity and whether the child was born out of 151 wedlock, shall be recorded on a confidential portion of the certificate to 152 be sent directly to the department. Such confidential records may be 153 used for statistical and health purposes by the department or by a local 154 director of health, as authorized by the department, for records related 155 to the town served by the local director of health and where the mother 156 was a resident at the time of the birth of the child. Such birth certificate 157 and confidential records may be used internally by the hospital for 158 records transmitted by the hospital for statistical, health and quality 159 assurance purposes. The department shall give due consideration to 160 national uniformity in vital statistics in prescribing the format and 161 content of such certificate. As used in this subsection, "intersex" means 162 a condition in which an individual is born with a reproductive or sexual 163 anatomy or chromosome pattern that does not fit the typical definition 164 of male or female. 165 Sec. 5. Section 19a-42 of the general statutes is repealed and the 166 following is substituted in lieu thereof (Effective October 1, 2020): 167 (a) To protect the integrity and accuracy of vital records, a certificate 168 registered under chapter 93 may be amended only in accordance with 169 sections 19a-41 to 19a-45, inclusive, chapter 93, regulations adopted by 170 the Commissioner of Public Health pursuant to chapter 54 and uniform 171 Raised Bill No. 5290 LCO No. 1424 7 of 12 procedures prescribed by the commissioner. Only the commissioner 172 may amend birth certificates to reflect changes concerning parentage, 173 [or] gender change or change in designation of sex by an intersex 174 person. Amendments related to parentage, [or] gender change or 175 change in designation of sex by an intersex person shall result in the 176 creation of a replacement certificate that supersedes the original, and 177 shall in no way reveal the original language changed by the amendment. 178 Any amendment to a vital record made by the registrar of vital statistics 179 of the town in which the vital event occurred or by the commissioner 180 shall be in accordance with such regulations and uniform procedures. 181 (b) The commissioner and the registrar of vital statistics shall 182 maintain sufficient documentation, as prescribed by the commissioner, 183 to support amendments and shall ensure the confidentiality of such 184 documentation as required by law. The date of amendment and a 185 summary description of the evidence submitted in support of the 186 amendment shall be endorsed on or made part of the record and the 187 original certificate shall be marked "Amended", except for amendments 188 due to parentage, [or] gender change or change in designation of sex by 189 an intersex person. When the registrar of the town in which the vital 190 event occurred amends a certificate, such registrar shall, within ten days 191 of making such amendment, forward an amended certificate to the 192 commissioner and to any registrar having a copy of the certificate. When 193 the commissioner amends a birth certificate, including changes due to 194 parentage, [or] gender change or designation of sex by an intersex 195 person, the commissioner shall forward an amended certificate to the 196 registrars of vital statistics affected and their records shall be amended 197 accordingly. 198 (c) An amended certificate shall supersede the original certificate that 199 has been changed and shall be marked "Amended", except for 200 amendments due to parentage, [or] gender change or designation of sex 201 by an intersex person. The original certificate in the case of parentage or 202 gender change shall be physically or electronically sealed and kept in a 203 confidential file by the department and the registrar of any town in 204 which the birth was recorded, and may be unsealed for issuance only as 205 Raised Bill No. 5290 LCO No. 1424 8 of 12 provided in section 7-53 or upon a written order of a court of competent 206 jurisdiction. The amended certificate shall become the official record. 207 (d) (1) Upon receipt of (A) an acknowledgment of paternity executed 208 in accordance with the provisions of subsection (a) of section 46b-172 by 209 both parents of a child born out of wedlock, or (B) a certified copy of an 210 order of a court of competent jurisdiction establishing the paternity of a 211 child born out of wedlock, the commissioner shall include on or amend, 212 as appropriate, such child's birth certificate to show such paternity if 213 paternity is not already shown on such birth certificate and to change 214 the name of the child under eighteen years of age if so indicated on the 215 acknowledgment of paternity form or within the certified court order as 216 part of the paternity action. If a person who is the subject of a voluntary 217 acknowledgment of paternity, as described in this subdivision, is 218 eighteen years of age or older, the commissioner shall obtain a notarized 219 affidavit from such person affirming that he or she agrees to the 220 commissioner's amendment of such person's birth certificate as such 221 amendment relates to the acknowledgment of paternity. The 222 commissioner shall amend the birth certificate for an adult child to 223 change his or her name only pursuant to a court order. 224 (2) If another father is listed on the birth certificate, the commissioner 225 shall not remove or replace the father's information unless presented 226 with a certified court order that meets the requirements specified in 227 section 7-50, or upon the proper filing of a rescission, in accordance with 228 the provisions of section 46b-172. The commissioner shall thereafter 229 amend such child's birth certificate to remove or change the father's 230 name and to change the name of the child, as requested at the time of 231 the filing of a rescission, in accordance with the provisions of section 232 46b-172. Birth certificates amended under this subsection shall not be 233 marked "Amended". 234 (e) When the parent or parents of a child request the amendment of 235 the child's birth certificate to reflect a new mother's name because the 236 name on the original certificate is fictitious, such parent or parents shall 237 obtain an order of a court of competent jurisdiction declaring the 238 Raised Bill No. 5290 LCO No. 1424 9 of 12 putative mother to be the child's mother. Upon receipt of a certified copy 239 of such order, the department shall amend the child's birth certificate to 240 reflect the mother's true name. 241 (f) Upon receipt of a certified copy of an order of a court of competent 242 jurisdiction changing the name of a person born in this state and upon 243 request of such person or such person's parents, guardian, or legal 244 representative, the commissioner or the registrar of vital statistics of the 245 town in which the vital event occurred shall amend the birth certificate 246 to show the new name by a method prescribed by the department. 247 (g) When an applicant submits the documentation required by the 248 regulations to amend a vital record, the commissioner shall hold a 249 hearing, in accordance with chapter 54, if the commissioner has 250 reasonable cause to doubt the validity or adequacy of such 251 documentation. 252 (h) When an amendment under this section involves the changing of 253 existing language on a death certificate due to an error pertaining to the 254 cause of death, the death certificate shall be amended in such a manner 255 that the original language is still visible. A copy of the death certificate 256 shall be made. The original death certificate shall be sealed and kept in 257 a confidential file at the department and only the commissioner may 258 order it unsealed. The copy shall be amended in such a manner that the 259 language to be changed is no longer visible. The copy shall be a public 260 document. 261 (i) The commissioner shall issue a new birth certificate to reflect a 262 gender change upon receipt of the following documents submitted in 263 the form and manner prescribed by the commissioner: (1) A written 264 request from the applicant, signed under penalty of law, for a 265 replacement birth certificate to reflect that the applicant's gender differs 266 from the sex designated on the original birth certificate; (2) a notarized 267 affidavit by a physician licensed pursuant to chapter 370 or holding a 268 current license in good standing in another state, an advanced practice 269 registered nurse licensed pursuant to chapter 378 or holding a current 270 Raised Bill No. 5290 LCO No. 1424 10 of 12 license in good standing in another state, or a psychologist licensed 271 pursuant to chapter 383 or holding a current license in good standing in 272 another state, stating that the applicant has undergone surgical, 273 hormonal or other treatment clinically appropriate for the applicant for 274 the purpose of gender transition; and (3) if an applicant is also 275 requesting a change of name listed on the original birth certificate, proof 276 of a legal name change. The new birth certificate shall reflect the new 277 gender identity by way of a change in the sex designation on the original 278 birth certificate and, if applicable, the legal name change. 279 (j) The commissioner shall issue a new birth certificate to reflect a 280 change in designation of sex by a person as an intersex person upon 281 receipt of the following documents submitted in the form and manner 282 prescribed by the commissioner: (1) A written request from the 283 applicant, signed under penalty of law, for a replacement birth 284 certificate to reflect that the applicant seeks to change the designation of 285 sex on the original birth certificate; (2) a notarized affidavit by a 286 physician licensed pursuant to chapter 370 or holding a current license 287 in good standing in another state, an advanced practice registered nurse 288 licensed pursuant to chapter 378 or holding a current license in good 289 standing in another state, or a psychologist licensed pursuant to chapter 290 383 or holding a current license in good standing in another state, stating 291 that the applicant has intersex characteristics; and (3) if an applicant is 292 also requesting a change of name listed on the original birth certificate, 293 proof of a legal name change. The new birth certificate shall reflect the 294 newly designated sex by way of a change in the sex designation on the 295 original birth certificate and, if applicable, the legal name change. 296 Sec. 6. (NEW) (Effective October 1, 2020) An agency, as defined in 297 section 1-200 of the general statutes, that requires a person to identify 298 the person's sex for any reason shall accept as proof of the person's 299 identification as intersex an identity card or motor vehicle operator's 300 license issued by the Department of Motor Vehicles or a birth certificate 301 issued by the Department of Public Health or a registrar of vital statistics 302 and shall specify the person's sex as intersex on any documentation 303 generated by such agency on which the sex of the person is identified. 304 Raised Bill No. 5290 LCO No. 1424 11 of 12 For purposes of this section, "intersex" means a condition in which an 305 individual is born with a reproductive or sexual anatomy or 306 chromosome pattern that does not fit the typical definitions of male or 307 female. 308 Sec. 7. (Effective from passage) (a) There is established a task force to 309 study the circumstances in which a surgery related to a person's intersex 310 status is medically necessary. 311 (b) The task force shall consist of the following members: 312 (1) Two appointed by the speaker of the House of Representatives; 313 (2) Two appointed by the president pro tempore of the Senate; 314 (3) One appointed by the majority leader of the House of 315 Representatives; 316 (4) One appointed by the majority leader of the Senate; 317 (5) One appointed by the minority leader of the House of 318 Representatives; and 319 (6) One appointed by the minority leader of the Senate; 320 (c) Any member of the task force appointed under subsection (b) of 321 this section may be a member of the General Assembly. 322 (d) All appointments to the task force shall be made not later than 323 thirty days after the effective date of this section. Any vacancy shall be 324 filled by the appointing authority. 325 (e) The speaker of the House of Representatives and the president pro 326 tempore of the Senate shall select the chairpersons of the task force from 327 among the members of the task force. Such chairpersons shall schedule 328 the first meeting of the task force, which shall be held not later than sixty 329 days after the effective date of this section. 330 (f) The administrative staff of the joint standing committee of the 331 Raised Bill No. 5290 LCO No. 1424 12 of 12 General Assembly having cognizance of matters relating to public 332 health shall serve as administrative staff of the task force. 333 (g) Not later than January 1, 2021, the task force shall submit a report 334 on its findings and recommendations to the joint standing committee of 335 the General Assembly having cognizance of matters relating to public 336 health, in accordance with the provisions of section 11-4a of the general 337 statutes. The task force shall terminate on the date that it submits such 338 report or January 1, 2021, whichever is later. 339 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2020 46a-51 Sec. 2 October 1, 2020 1-1h(a) Sec. 3 October 1, 2020 New section Sec. 4 October 1, 2020 7-48(a) Sec. 5 October 1, 2020 19a-42 Sec. 6 October 1, 2020 New section Sec. 7 from passage New section Statement of Purpose: To address the needs of the intersex community who have suffered from discrimination and inaccurate documentation of their sex by providing relief from such issues. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]