Text of NY S 4402 (2021)

STATE OF NEW YORK ________________________________________________________________________ 4402 2021-2022 Regular Sessions IN SENATE 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: 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] the applicant'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] they are an individual, or in the office of the clerk 19 of the civil court of the city of New York if the order be made by that 20 court. [Such order shall also direct the publication, at least once, 21 within sixty days after the making of the order, in a designated newspa- 22 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 1 the petition is made by a person subject to the provisions of subdivi- 2 sion two of section sixty-two of this article, in a designated newspaper 3 in any county wherein such person was convicted if different from the 4 county in which the order is otherwise directed to be entered, of a 5 notice in substantially the following form: Notice is hereby given that 6 an order entered by the ............ court,............ county, on the 7 ...... day of......., bearing Index Number..........., a copy of which 8 may be examined at the office of the clerk, located at 9 ................., in room number......., grants me the right to assume 10 the name of ................... The city and state of my present 11 address are .........................; the month and year of my birth 12 are ................; the place of my birth is ....................; my 13 present name is .................................] 14 § 3. Section 64 of the civil rights law, as amended by chapter 258 of 15 the laws of 2006, and the closing paragraph as separately amended by 16 chapters 258, 320 and 481 of the laws of 2006, is amended to read as 17 follows: 18 § 64. Effect. If the order [shall be fully complied with, and within 19 ninety days after the making of the order, an affidavit of the publica- 20 tion thereof shall be filed in the office in which the order] is 21 entered, the petitioner shall be known by the name which is thereby 22 authorized to be assumed. If the surname of a parent be changed as 23 provided in this article, any minor child of such parent at the time of 24 such change may thereafter assume such changed surname. 25 [Upon compliance with the order and the filing of the affidavit of the 26 publication, as provided in this section, the clerk of the court in 27 which the order has been entered shall certify that the order has been 28 complied with; and, if] (1) If the petition states that the petitioner 29 stands convicted of a violent felony offense as defined in section 70.02 30 of the penal law or a felony defined in article one hundred twenty-five 31 of such law or any of the following provisions of such law sections 32 130.25, 130.30, 130.40, 130.45, 255.25, 255.26, 255.27, article two 33 hundred sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two of 34 section 230.30 or 230.32, [such] the clerk of the court in which the 35 order has been entered [(1)] shall deliver, by first class mail, a copy 36 of such certified order to the division of criminal justice services at 37 its office in the county of Albany and (2) [upon the clerk of the court 38 reviewing the petitioner's application for name change and subsequent 39 in-court inquiry, may, in the clerk's discretion, deliver, by first 40 class mail, the petitioner's new name with such certified order to the 41 court of competent jurisdiction which imposed the orders of support. 42 Such certification shall appear on the original order and on any certi- 43 fied copy thereof and shall be entered in the clerk's minutes of the 44 proceeding] if the petition states that the petitioner is responsible 45 for spousal support or child support obligations pursuant to court 46 order, upon review of the petitioner's application for name change and 47 subsequent inquiry, the court may, in its discretion, order the peti- 48 tioner to deliver by first class mail, the petitioner's new name with 49 such certified order to the court of competent jurisdiction which 50 imposed the orders of support. Such certification shall appear on the 51 original order and on any certified copy thereof and shall be entered in 52 the court's minutes of the proceeding. 53 § 4. Section 64-a of the civil rights law, as amended by chapter 241 54 of the laws of 2015, is amended to read as follows: 55 § 64-a. [Exemption from publication requirements] Sealing name change 56 papers. 1. If the court shall find that [the publication] open record of S. 4402 3 1 an applicant's change of name would jeopardize such applicant's personal 2 safety, based on totality of the circumstances [the provisions of 3 sections sixty-three and sixty-four of this article requiring publica- 4 tion shall be waived and shall be inapplicable. Provided, however, the 5 court shall not deny such waiver soley on the basis that the applicant 6 lacks specific instances of or a personal history of threat to personal 7 safety. The], the court shall, at the request of the applicant or sua 8 sponte, order the records of such change of name proceeding [to] be 9 sealed, to be opened only by order of the court for good cause shown or 10 at the request of the applicant. For the purposes of this section, 11 "totality of the circumstances" shall include, but not be limited to, a 12 consideration of the risk of violence or discrimination against the 13 applicant, including such applicant's status as transgender or as the 14 subject of domestic violence. The court shall not deny such sealing 15 request solely on the basis that the applicant lacks specific instances 16 of or a personal history of threat to personal safety. 17 2. Notwithstanding any other provision of law, pending such a finding 18 in subdivision one of this section where an applicant seeks relief under 19 this section, the court shall immediately order the applicant's current 20 name, proposed new name, residential and business addresses, telephone 21 numbers, and any other information contained in any pleadings or papers 22 submitted to the court to be safeguarded and sealed in order to prevent 23 their inadvertent or unauthorized use or disclosure while the matter is 24 pending. 25 § 5. The civil rights law is amended by adding a new article 6-A to 26 read as follows: 27 ARTICLE 6-A 28 CHANGE OF SEX DESIGNATION 29 Section 67. Petition to change of sex designation. 30 67-a. Order. 31 67-b. Sealing change of sex designation papers. 32 § 67. Petition to change of sex designation. 1. A petition for leave 33 to change sex designation may be made by a resident of the state to the 34 county court of the county or the supreme court in the county in which 35 such resident resides, or, if such resident resides in the city of New 36 York, either to the supreme court or to any branch of the civil court of 37 the city of New York, in any county of the city of New York. The peti- 38 tion to change the sex designation of an infant may be made by the 39 infant through either of such infant's parents, or by such infant's 40 general guardian or by the guardian of such infant's person. 41 2. When an individual petitions the court to recognize their gender 42 identity or to amend the sex designation on an identity document, the 43 court shall issue such an order upon receipt of an affidavit from such 44 individual attesting to their gender identity or reason for the change. 45 No additional medical evidence shall be required to grant such request. 46 No such order shall be required to amend an identity document issued 47 within New York state. No such order shall be required to otherwise 48 recognize the gender of an individual and treat them consistent with 49 their gender identity within New York state or under New York state law. 50 3. Such request may be made simultaneously with a petition for change 51 of name pursuant to section sixty or sixty-five of this chapter or on 52 its own. 53 § 67-a. Order. If the court to which the petition is presented is 54 satisfied thereby, or by the affidavit and certificate presented there- 55 with, that the petition is true, and that there is no reasonable 56 objection to the change of sex designation proposed, and if the petition S. 4402 4 1 be to change the sex designation of an infant, that the interests of the 2 infant will be substantially promoted by the change, the court shall 3 make an order authorizing the petitioner to assume the sex designation 4 proposed. 5 § 67-b. Sealing change of sex designation papers. 1. Upon request of 6 the applicant, the court shall order the records of such change of sex 7 designation proceeding to be sealed, to be opened only by order of the 8 court for good cause shown or at the request of the applicant. 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, sex designation, proposed new sex designation, residential and 13 business addresses, telephone numbers, and any other information 14 contained in any pleadings or papers submitted to the court to be safe- 15 guarded and sealed in order to prevent their inadvertent or unauthorized 16 use or disclosure while the matter is pending. 17 § 6. Subdivision 3 of section 490 of the vehicle and traffic law is 18 amended by adding a new paragraph (d) to read as follows: 19 (d) The identification card shall display the sex designation of M, F, 20 or X as certified by the applicant, with no additional documentation 21 required. The applicant may amend the sex designation of their identifi- 22 cation card upon request. 23 § 7. Subdivision 1 of section 502 of the vehicle and traffic law, as 24 amended by chapter 487 of the laws of 2012, is REPEALED. 25 § 8. Subdivision 1 of section 502 of the vehicle and traffic law, as 26 amended by chapter 37 of the laws of 2019, is amended to read as 27 follows: 28 1. Application for license. Application for a driver's license shall 29 be made to the commissioner. The fee prescribed by law may be submitted 30 with such application. The applicant shall furnish such proof of identi- 31 ty, age, and fitness as may be required by the commissioner. The license 32 shall display the sex designation of M, F, or X as certified by the 33 applicant, with no additional documentation required. The applicant may 34 amend the sex designation of their driver's license upon request. Upon 35 amendment of the sex designation, the change shall be made consistent 36 through all affiliated records within the control of the department. 37 With respect to a non-commercial driver's license or learner's permit 38 which does not meet federal standards for identification, in addition to 39 the acceptable proofs of age and identity approved by the commissioner 40 as of January first, two thousand nineteen, acceptable proof of identity 41 shall also include, but not be limited to, a valid, unexpired foreign 42 passport issued by the applicant's country of citizenship (which shall 43 also be eligible as proof of age), a valid, unexpired consular identifi- 44 cation document issued by a consulate from the applicant's country of 45 citizenship, or a valid foreign driver's license that includes a photo 46 image of the applicant and which is unexpired or expired for less than 47 twenty-four months of its date of expiration, as primary forms of such 48 proof. Nothing contained in this subdivision shall be deemed to preclude 49 the commissioner from approving additional proofs of identity and age. 50 The commissioner may also provide that the application procedure shall 51 include the taking of a photo image or images of the applicant in 52 accordance with rules and regulations prescribed by the commissioner. In 53 addition, the commissioner also shall require that the applicant provide 54 [his or her] such applicant's social security number or, in lieu there- 55 of, with respect to an application for a non-commercial driver's license 56 or learner's permit which does not meet federal standards for identifi- S. 4402 5 1 cation, an affidavit signed by such applicant that they have not been 2 issued a social security number and shall provide space so that the 3 applicant may request a notation upon such license that the applicant is 4 a veteran of the United States armed forces. The commissioner also 5 shall provide space on the application so that the applicant may regis- 6 ter in the New York state organ and tissue donor registry under section 7 forty-three hundred ten of the public health law with the following 8 stated on the application in clear and conspicuous type: 9 "You must fill out the following section: Would you like to be added 10 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 11 tion'." 12 The commissioner of health shall not maintain records of any person 13 who checks "skip this question". Except where the application is made in 14 person or electronically, failure to check a box shall not impair the 15 validity of an application, and failure to check "yes" or checking "skip 16 this question" shall not be construed to imply a wish not to donate. In 17 the case of an applicant under eighteen years of age, checking "yes" 18 shall not constitute consent to make an anatomical gift or registration 19 in the donate life registry, except as otherwise provided pursuant to 20 the provisions of paragraph (b) of subdivision one of section forty- 21 three hundred one of the public health law. Where an applicant has 22 previously consented to make an anatomical gift or registered in the 23 donate life registry, checking "skip this question" or failing to check 24 a box shall not impair that consent or registration. In addition, an 25 applicant for a commercial driver's license who will operate a commer- 26 cial motor vehicle in interstate commerce shall certify that such appli- 27 cant meets the requirements to operate a commercial motor vehicle, as 28 set forth in public law 99-570, title XII, and title 49 of the code of 29 federal regulations, and all regulations promulgated by the United 30 States secretary of transportation under the hazardous materials trans- 31 portation act. In addition, an applicant for a commercial driver's 32 license shall submit a medical certificate at such intervals as required 33 by the federal motor carrier safety improvement act of 1999 and Part 34 383.71(h) of title 49 of the code of federal regulations relating to 35 medical certification and in a manner prescribed by the commissioner. 36 For purposes of this section and sections five hundred three, five 37 hundred ten-a, and five hundred ten-aa of this title, the terms "medical 38 certificate" and "medical certification" shall mean a form substantially 39 in compliance with the form set forth in Part 391.43(h) of title 49 of 40 the code of federal regulations. Upon a determination that the holder of 41 a commercial driver's license has made any false statement, with respect 42 to the application for such license, the commissioner shall revoke such 43 license. 44 § 9. Section 4132 of the public health law is amended by adding a new 45 subdivision 5 to read as follows: 46 5. Each parent of the child may choose to be designated on the 47 original certificate of birth or by amendment as "father" or "mother" or 48 "parent". 49 § 10. The section heading and paragraph (e) of subdivision 1 of 50 section 4138 of the public health law, the section heading as amended by 51 chapter 201 of the laws of 1972 and paragraph (e) of subdivision 1 as 52 amended by section 9 of part L of chapter 56 of the laws of 2020, are 53 amended and a new paragraph (f) is added to subdivision 1 to read as 54 follows: S. 4402 6 1 Birth certificate; new certificate in case of subsequent marriage of 2 unwed parents; adoption; adjudication of parentage; change of name of 3 registrant or parent; gender transition of registrant or parent. 4 (e) the certificate of birth of a child born out of wedlock as defined 5 in paragraph (b) of subdivision one of section four thousand one hundred 6 thirty-five of this article has been filed without entry of the name of 7 the signatory other than the person who gave birth and the commissioner 8 thereafter receives the acknowledgment of parentage pursuant to section 9 one hundred eleven-k of the social services law or section four thousand 10 one hundred thirty-five-b of this article executed by the person who 11 gave birth and the other signatory which authorizes the entry of the 12 name of such other signatory, and which may also authorize a conforming 13 change in the surname of the child[.]; or 14 (f) any person born in New York state who submits an application to 15 change the gender on the birth certificate and an affidavit attesting 16 under penalty of perjury that the request for a change of gender to 17 (female, male, or X) is to conform the person's documents and records to 18 the person's gender identity and is not made for any fraudulent purpose. 19 A sex designation of X shall not be a required sex designation of any 20 individual. Upon receipt of the documentation, the commissioner shall 21 establish a new birth certificate reflecting the gender stated in the 22 application and any change in name, if accompanied by a court order for 23 a change of name. If such application is made on behalf of a person 24 younger than seventeen, such affidavit shall be signed by the person's 25 parent, legal guardian, mental health or medical provider, or social 26 services provider. 27 § 11. This act shall take effect on the one hundred eightieth day 28 after it shall have become a law. Effective immediately, the addition, 29 amendment and/or repeal of any rule or regulation necessary for the 30 implementation of this act on its effective date are authorized to be 31 made and completed on or before such effective date.

STATE OF NEW YORK ________________________________________________________________________ 4402--B Cal. No. 515 2021-2022 Regular Sessions IN SENATE February 4, 2021 ___________ Introduced by Sens. HOYLMAN, BAILEY, BENJAMIN, BIAGGI, COONEY, GIANARIS, 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 -- again 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: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "Gender Recognition Act". 3 § 2. Section 62 of the civil rights law is amended by adding two new 4 subdivisions 3 and 4 to read as follows: 5 3. Except as provided in subdivisions one and two of this section, the 6 court shall not require any other pre-hearing notice. The court shall 7 not condition the entry of an order on notice to any other party or to 8 any city, state or federal agency except by written order detailing the 9 court's reasoning for requiring such notice and showing cause why such 10 notice should be served. Under no circumstances shall the court require 11 notice to United States immigration and customs enforcement, United 12 States customs and border protection, United States citizenship and 13 immigration services, or any successor agencies, or any agencies having 14 similar duties. 15 4. The court shall not request or require consent from any party other 16 than the petitioner, or in the case of a petitioner who does not have 17 capacity to consent, their legal representative, as a condition of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05588-10-1 S. 4402--B 2 1 granting the name change or obtaining certified copies of the name 2 change order. 3 § 3. 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] the applicant'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] they are an individual, or in the office of the clerk 19 of the civil court of the city of New York if the order be made by that 20 court. [Such order shall also direct the publication, at least once, 21 within sixty days after the making of the order, in a designated newspa- 22 per in the county in which the order is directed to be entered and if 23 the petition is made by a person subject to the provisions of subdivi- 24 sion two of section sixty-two of this article, in a designated newspaper 25 in any county wherein such person was convicted if different from the 26 county in which the order is otherwise directed to be entered, of a 27 notice in substantially the following form: Notice is hereby given that 28 an order entered by the ............ court,............ county, on the 29 ...... day of......., bearing Index Number..........., a copy of which 30 may be examined at the office of the clerk, located at 31 ................., in room number......., grants me the right to assume 32 the name of ................... The city and state of my present 33 address are .........................; the month and year of my birth 34 are ................; the place of my birth is ....................; my 35 present name is .................................] 36 § 4. Section 64 of the civil rights law, as amended by chapter 258 of 37 the laws of 2006, and the closing paragraph as separately amended by 38 chapters 258, 320 and 481 of the laws of 2006, is amended to read as 39 follows: 40 § 64. Effect. 1. If the order [shall be fully complied with, and with- 41 in ninety days after the making of the order, an affidavit of the publi- 42 cation thereof shall be filed in the office in which the order] is 43 entered, the petitioner shall be known by the name which is thereby 44 authorized to be assumed. If the surname of a parent be changed as 45 provided in this article, any minor child of such parent at the time of 46 such change may thereafter assume such changed surname. 47 [Upon compliance with the order and the filing of the affidavit of the 48 publication, as provided in this section, the clerk of the court in 49 which the order has been entered shall certify that the order has been 50 complied with; and, if] 2. (a) If the petition states that the petition- 51 er stands convicted of a violent felony offense as defined in section 52 70.02 of the penal law or a felony defined in article one hundred twen- 53 ty-five of such law or any of the following provisions of such law 54 sections 130.25, 130.30, 130.40, 130.45, 255.25, 255.26, 255.27, article 55 two hundred sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two 56 of section 230.30 or 230.32, [such] the clerk of the court in which the S. 4402--B 3 1 order has been entered [(1)] shall deliver, by first class mail, a copy 2 of such certified order to the division of criminal justice services at 3 its office in the county of Albany and [(2) upon the clerk of the court 4 reviewing the petitioner's application for name change and subsequent 5 in-court inquiry, may, in the clerk's discretion, deliver, by first 6 class mail, the petitioner's new name with such certified order to the 7 court of competent jurisdiction which imposed the orders of support. 8 Such certification shall appear on the original order and on any certi- 9 fied copy thereof and shall be entered in the clerk's minutes of the 10 proceeding] (b) if the petition states that the petitioner is responsi- 11 ble for spousal support or child support obligations pursuant to court 12 order, upon review of the petitioner's application for name change and 13 subsequent inquiry, the court may, in its discretion, order the peti- 14 tioner to deliver by first class mail, the petitioner's new name with 15 such certified order to the court of competent jurisdiction which 16 imposed the orders of support. Such certification shall appear on the 17 original order and on any certified copy thereof and shall be entered in 18 the court's minutes of the proceeding. 19 3. A name change order or other documentation of name change shall be 20 sufficient to change the petitioner's name on any document or record 21 issued or maintained by the state of New York or any subdivision there- 22 of, or any private entity, including but not limited to, all school 23 records for current and past students, archival records and marriage 24 certificates. Failure of a public or private entity to comply with such 25 a request may constitute a violation of section two hundred ninety-six 26 of the executive law, section forty-c of this chapter and any applicable 27 local non-discrimination law and may be the basis for a complaint to the 28 New York state division of human rights and any other applicable 29 enforcement entity. 30 § 5. Section 64-a of the civil rights law, as amended by chapter 241 31 of the laws of 2015, is amended to read as follows: 32 § 64-a. [Exemption from publication requirements] Sealing name change 33 papers. 1. If the court shall find that [the publication] open record of 34 an applicant's change of name would jeopardize such applicant's personal 35 safety, based on totality of the circumstances [the provisions of 36 sections sixty-three and sixty-four of this article requiring publica- 37 tion shall be waived and shall be inapplicable. Provided, however, the 38 court shall not deny such waiver soley on the basis that the applicant 39 lacks specific instances of or a personal history of threat to personal 40 safety. The], the court shall, at the request of the applicant or sua 41 sponte, order the records of such change of name proceeding [to] be 42 sealed, to be opened only by order of the court for good cause shown or 43 at the request of the applicant. For the purposes of this section, 44 "totality of the circumstances" shall include, but not be limited to, a 45 consideration of the risk of violence or discrimination against the 46 applicant, including such applicant's status as transgender or as the 47 subject of domestic violence. The court shall not deny such sealing 48 request solely on the basis that the applicant lacks specific instances 49 of or a personal history of threat to personal safety. 50 2. Notwithstanding any other provision of law, pending such a finding 51 in subdivision one of this section where an applicant seeks relief under 52 this section, the court shall immediately order the applicant's current 53 name, proposed new name, residential and business addresses, telephone 54 numbers, and any other information contained in any pleadings or papers 55 submitted to the court to be safeguarded and sealed in order to prevent S. 4402--B 4 1 their inadvertent or unauthorized use or disclosure while the matter is 2 pending. 3 § 6. The civil rights law is amended by adding a new article 6-A to 4 read as follows: 5 ARTICLE 6-A 6 CHANGE OF SEX DESIGNATION 7 Section 67. Petition to change of sex designation. 8 67-a. Order. 9 67-b. Sealing change of sex designation papers. 10 § 67. Petition to change of sex designation. 1. A petition for leave 11 to change sex designation may be made by a resident of the state to the 12 county court of the county or the supreme court in the county in which 13 such resident resides, or, if such resident resides in the city of New 14 York, either to the supreme court or to any branch of the civil court of 15 the city of New York, in any county of the city of New York. The peti- 16 tion to change the sex designation of an infant may be made by the 17 infant through either of such infant's parents, or by such infant's 18 general guardian or by the guardian of such infant's person. 19 2. When an individual petitions the court to recognize their gender 20 identity or to amend the sex designation on an identity document, the 21 court shall issue such an order upon receipt of an affidavit from such 22 individual attesting to their gender identity or reason for the change. 23 No additional medical evidence shall be required to grant such request. 24 No such order shall be required to amend an identity document issued 25 within New York state. No such order shall be required to otherwise 26 recognize the gender of an individual and treat them consistent with 27 their gender identity within New York state or under New York state law. 28 No fee shall be charged for a request for judicial intervention associ- 29 ated with a petition to change sex designation. 30 3. Such request may be made simultaneously with a petition for change 31 of name pursuant to section sixty or sixty-five of this chapter or on 32 its own. 33 § 67-a. Order. If the court to which the petition is presented is 34 satisfied thereby, or by the affidavit and certificate presented there- 35 with, that the petition is true, and that there is no reasonable 36 objection to the change of sex designation proposed, and if the petition 37 be to change the sex designation of an infant, that the interests of the 38 infant will be substantially promoted by the change, the court shall 39 make an order authorizing the petitioner to assume the sex designation 40 proposed. 41 § 67-b. Sealing change of sex designation papers. 1. Upon request of 42 the applicant or sua sponte, the court shall order the records of such 43 change of sex designation proceeding to be sealed, to be opened only by 44 order of the court for good cause shown or at the request of the appli- 45 cant. 46 2. Notwithstanding any other provision of law, pending such a finding 47 in subdivision one of this section where an applicant seeks relief under 48 this section, the court shall immediately order the applicant's current 49 name, sex designation, proposed new sex designation, residential and 50 business addresses, telephone numbers, and any other information 51 contained in any pleadings or papers submitted to the court to be safe- 52 guarded and sealed in order to prevent their inadvertent or unauthorized 53 use or disclosure while the matter is pending. 54 § 7. Subdivision 2 of section 490 of the vehicle and traffic law, as 55 amended by chapter 465 of the laws of 2012, the third undesignated para- S. 4402--B 5 1 graph as amended by chapter 248 of the laws of 2016, is amended to read 2 as follows: 3 2. Application. (a) Any person to whom a driver's license or learner's 4 permit has not been issued by the commissioner, or whose driver's 5 license or learner's permit is expired, suspended, revoked or surren- 6 dered, may make application to the commissioner for the issuance of an 7 identification card. The commissioner shall ensure that space is 8 provided on the application so that the applicant shall register or 9 decline registration in the donate life registry for organ and tissue 10 donations pursuant to section forty-three hundred ten of the public 11 health law and that the following is stated on the application in clear 12 and conspicuous type: 13 "You must fill out the following section: Would you like to be added 14 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 15 tion'." 16 The commissioner of health shall not maintain records of any person 17 who checks "skip this question". Except where the application is made in 18 person or electronically, failure to check a box shall not impair the 19 validity of an application, and failure to check "yes" or checking "skip 20 this question" shall not be construed to imply a wish not to donate. In 21 the case of an applicant under eighteen years of age, checking "yes" 22 shall not constitute consent to make an anatomical gift or registration 23 in the donate life registry, except as otherwise provided pursuant to 24 the provisions of paragraph (b) of subdivision one of section forty- 25 three hundred one of the public health law. Where an applicant has 26 previously consented to make an anatomical gift or registered in the 27 donate life registry, checking "skip this question" or failing to check 28 a box shall not impair that consent or registration. 29 (b) The identification card shall display the sex designation of M, F, 30 or X as certified by the applicant, with no additional documentation 31 required. The applicant may amend the sex designation of their identifi- 32 cation card upon request. 33 § 8. Subdivision 1 of section 502 of the vehicle and traffic law, as 34 amended by chapter 487 of the laws of 2012, is REPEALED. 35 § 9. Subdivision 1 of section 502 of the vehicle and traffic law, as 36 amended by chapter 37 of the laws of 2019, is amended to read as 37 follows: 38 1. Application for license. Application for a driver's license shall 39 be made to the commissioner. The fee prescribed by law may be submitted 40 with such application. The applicant shall furnish such proof of identi- 41 ty, age, and fitness as may be required by the commissioner. With 42 respect to a non-commercial driver's license or learner's permit which 43 does not meet federal standards for identification, in addition to the 44 acceptable proofs of age and identity approved by the commissioner as of 45 January first, two thousand nineteen, acceptable proof of identity shall 46 also include, but not be limited to, a valid, unexpired foreign passport 47 issued by the applicant's country of citizenship (which shall also be 48 eligible as proof of age), a valid, unexpired consular identification 49 document issued by a consulate from the applicant's country of citizen- 50 ship, or a valid foreign driver's license that includes a photo image of 51 the applicant and which is unexpired or expired for less than twenty- 52 four months of its date of expiration, as primary forms of such proof. 53 Nothing contained in this subdivision shall be deemed to preclude the 54 commissioner from approving additional proofs of identity and age. The 55 license shall display the sex designation of M, F, or X as certified by 56 the applicant, with no additional documentation required. The applicant S. 4402--B 6 1 may amend the sex designation of their driver's license upon request. 2 Upon amendment of the sex designation, the change shall be made consist- 3 ent through all affiliated records within the control of the department. 4 The commissioner may also provide that the application procedure shall 5 include the taking of a photo image or images of the applicant in 6 accordance with rules and regulations prescribed by the commissioner. In 7 addition, the commissioner also shall require that the applicant provide 8 [his or her] such applicant's social security number or, in lieu there- 9 of, with respect to an application for a non-commercial driver's license 10 or learner's permit which does not meet federal standards for identifi- 11 cation, an affidavit signed by such applicant that they have not been 12 issued a social security number. The commissioner also shall provide 13 space on the application so that the applicant may request a notation 14 upon such license that such applicant is a veteran of the United States 15 armed forces, and space on the application so that the applicant may 16 register in the New York state organ and tissue donor registry under 17 section forty-three hundred ten of the public health law with the 18 following stated on the application in clear and conspicuous type: 19 "You must fill out the following section: Would you like to be added 20 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 21 tion'." 22 The commissioner of health shall not maintain records of any person 23 who checks "skip this question". Except where the application is made in 24 person or electronically, failure to check a box shall not impair the 25 validity of an application, and failure to check "yes" or checking "skip 26 this question" shall not be construed to imply a wish not to donate. In 27 the case of an applicant under eighteen years of age, checking "yes" 28 shall not constitute consent to make an anatomical gift or registration 29 in the donate life registry, except as otherwise provided pursuant to 30 the provisions of paragraph (b) of subdivision one of section forty- 31 three hundred one of the public health law. Where an applicant has 32 previously consented to make an anatomical gift or registered in the 33 donate life registry, checking "skip this question" or failing to check 34 a box shall not impair that consent or registration. In addition, an 35 applicant for a commercial driver's license who will operate a commer- 36 cial motor vehicle in interstate commerce shall certify that such appli- 37 cant meets the requirements to operate a commercial motor vehicle, as 38 set forth in public law 99-570, title XII, and title 49 of the code of 39 federal regulations, and all regulations promulgated by the United 40 States secretary of transportation under the hazardous materials trans- 41 portation act. In addition, an applicant for a commercial driver's 42 license shall submit a medical certificate at such intervals as required 43 by the federal motor carrier safety improvement act of 1999 and Part 44 383.71(h) of title 49 of the code of federal regulations relating to 45 medical certification and in a manner prescribed by the commissioner. 46 For purposes of this section and sections five hundred three, five 47 hundred ten-a, and five hundred ten-aa of this title, the terms "medical 48 certificate" and "medical certification" shall mean a form substantially 49 in compliance with the form set forth in Part 391.43(h) of title 49 of 50 the code of federal regulations. Upon a determination that the holder of 51 a commercial driver's license has made any false statement, with respect 52 to the application for such license, the commissioner shall revoke such 53 license. 54 § 10. Section 4132 of the public health law is amended by adding a new 55 subdivision 5 to read as follows: S. 4402--B 7 1 5. Each parent of the child may choose to be designated on the 2 original certificate of birth or by amendment as "father" or "mother" or 3 "parent". 4 § 11. The section heading and paragraph (e) of subdivision 1 of 5 section 4138 of the public health law, the section heading as amended by 6 chapter 201 of the laws of 1972 and paragraph (e) of subdivision 1 as 7 amended by section 9 of part L of chapter 56 of the laws of 2020, are 8 amended and a new paragraph (f) is added to subdivision 1 to read as 9 follows: 10 Birth certificate; new certificate in case of subsequent marriage of 11 unwed parents; adoption; adjudication of parentage; change of name of 12 registrant or parent; gender transition of registrant or parent. 13 (e) the certificate of birth of a child born out of wedlock as defined 14 in paragraph (b) of subdivision one of section four thousand one hundred 15 thirty-five of this article has been filed without entry of the name of 16 the signatory other than the person who gave birth and the commissioner 17 thereafter receives the acknowledgment of parentage pursuant to section 18 one hundred eleven-k of the social services law or section four thousand 19 one hundred thirty-five-b of this article executed by the person who 20 gave birth and the other signatory which authorizes the entry of the 21 name of such other signatory, and which may also authorize a conforming 22 change in the surname of the child[.]; or 23 (f) any person born in New York state who submits an application to 24 change the gender on the birth certificate and an affidavit attesting 25 under penalty of perjury that the request for a change of gender to 26 (female, male, or X) is to conform the person's documents and records to 27 the person's gender identity and is not made for any fraudulent purpose. 28 A sex designation of X shall not be a required sex designation of any 29 individual. Upon receipt of the documentation, the commissioner shall 30 establish a new birth certificate reflecting the gender stated in the 31 application and any change in name, if accompanied by a court order for 32 a change of name. If such application is made on behalf of a person 33 younger than seventeen, such affidavit shall be signed by the person's 34 parent, legal guardian, mental health or medical provider, or social 35 services provider. 36 § 12. This act shall take effect on the one hundred eightieth day 37 after it shall have become a law. Effective immediately, the addition, 38 amendment and/or repeal of any rule or regulation necessary for the 39 implementation of this act on its effective date are authorized to be 40 made and completed on or before such effective date.