S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3457
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M. of A. ORTIZ, D'URSO, JAFFEE, ARROYO, TAYLOR, SIMOTAS,
   SIMON, QUART, EPSTEIN, SEAWRIGHT -- Multi-Sponsored by  --  M.  of  A.
   COOK  -- read once and referred to the Committee on Governmental Oper-
   ations
 
 AN ACT to amend the civil rights law, the vehicle and  traffic  law  and
   the public health law, in relation to enacting the "Gender Recognition
   Act";  and  to  repeal subdivision 1 of section 502 of the vehicle and
   traffic law relating to driver's licenses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "Gender Recognition Act".
   § 2. The civil rights law is amended by adding a  new  section  66  to
 read as follows:
   §  66. CHANGE OF NAME TO CONFORM TO GENDER IDENTITY. 1. ANY PERSON MAY
 ELECT TO ASSUME A NEW NAME  FOR  PURPOSES  OF  CHANGING  THEIR  NAME  TO
 CONFORM TO THEIR GENDER IDENTITY.
   2.  THE  PROCEEDING  FOR  A CHANGE OF NAME TO CONFORM THE PETITIONER'S
 NAME TO THE PETITIONER'S GENDER IDENTITY IS EXEMPT FROM ANY  REQUIREMENT
 FOR PUBLICATION.
   §  3.  Subdivision 1 of section 502 of the vehicle and traffic law, as
 amended by chapter 487 of the laws of 2012, is REPEALED.
   § 4. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
 amended by chapter 465 of the laws of 2012, the third undesignated para-
 graph  as amended by chapter 248 of the laws of 2016, is amended to read
 as follows:
   1. Application for license. Application for a driver's  license  shall
 be  made to the commissioner. The fee prescribed by law may be submitted
 with such application. The applicant shall furnish such proof of identi-
 ty, age, GENDER CATEGORY, and fitness as may be required by the  commis-
 sioner.    THE  APPLICANT  SHALL  CHOOSE  THEIR GENDER CATEGORY OF MALE,

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

                                                            LBD03194-01-9

 A. 3457                             2
 
 FEMALE, OR NONBINARY, AND THE COMMISSIONER SHALL NOT REQUIRE  DOCUMENTA-
 TION  FOR  AN  ORIGINAL DRIVER'S LICENSE APPLICANT'S INITIAL CHOICE OF A
 GENDER CATEGORY OR A LICENSED APPLICANT'S REQUEST FOR AN AMENDMENT TO  A
 GENDER  CATEGORY OTHER THAN THE FOLLOWING: THE APPLICANT'S SELF-CERTIFI-
 CATION OF THEIR CHOSEN GENDER CATEGORY;  OR  DOCUMENTATION  REQUIRED  BY
 THIS  CHAPTER  AS  NECESSARY  TO ESTABLISH THAT AN APPLICANT IS LAWFULLY
 ENTITLED TO A LICENSE. The commissioner may also provide that the appli-
 cation procedure shall include the taking of a photo image or images  of
 the applicant in accordance with rules and regulations prescribed by the
 commissioner.  In addition, the commissioner also shall require that the
 applicant provide [his or her] SUCH APPLICANT'S social security  number,
 SHALL  PROVIDE  SPACE  SO THAT THE APPLICANT MAY REQUEST A NOTATION UPON
 SUCH LICENSE THAT THE APPLICANT IS A VETERAN OF THE UNITED STATES  ARMED
 FORCES, and shall provide space on the application so that the applicant
 may register in the New York state organ and tissue donor registry under
 section  forty-three  hundred  ten  of  the  public  health law with the
 following stated on the application in clear and conspicuous type:
   "You must fill out the following section: Would you like to  be  added
 to  the  Donate  Life  Registry? Check box for 'yes' or 'skip this ques-
 tion'."
   The commissioner of health shall not maintain records  of  any  person
 who checks "skip this question". Except where the application is made in
 person  or  electronically,  failure to check a box shall not impair the
 validity of an application, and failure to check "yes" or checking "skip
 this question" shall not be construed to imply a wish not to donate.  In
 the  case  of  an  applicant under eighteen years of age, checking "yes"
 shall not constitute consent to make an anatomical gift or  registration
 in  the  donate  life registry, except as otherwise provided pursuant to
 the provisions of paragraph (b) of subdivision  one  of  section  forty-
 three  hundred  one  of  the  public  health law. Where an applicant has
 previously consented to make an anatomical gift  or  registered  in  the
 donate  life registry, checking "skip this question" or failing to check
 a box shall not impair that consent or  registration.  In  addition,  an
 applicant  for  a commercial driver's license who will operate a commer-
 cial motor vehicle in interstate commerce shall certify that such appli-
 cant meets the requirements to operate a commercial  motor  vehicle,  as
 set  forth  in public law 99-570, title XII, and title 49 of the code of
 federal regulations, and  all  regulations  promulgated  by  the  United
 States  secretary of transportation under the hazardous materials trans-
 portation act. In addition,  an  applicant  for  a  commercial  driver's
 license shall submit a medical certificate at such intervals as required
 by  the  federal  motor  carrier safety improvement act of 1999 and Part
 383.71(h) of title 49 of the code of  federal  regulations  relating  to
 medical  certification  and  in a manner prescribed by the commissioner.
 For purposes of this section  and  sections  five  hundred  three,  five
 hundred ten-a, and five hundred ten-aa of this title, the terms "medical
 certificate" and "medical certification" shall mean a form substantially
 in  compliance  with the form set forth in Part 391.43(h) of title 49 of
 the code of federal regulations. Upon a determination that the holder of
 a commercial driver's license has made any false statement, with respect
 to the application for such license, the commissioner shall revoke  such
 license.
   § 5. The section heading and paragraph (e) of subdivision 1 of section
 4138 of the public health law, the section heading as amended by chapter
 201 of the laws of 1972 and paragraph (e) of subdivision 1 as amended by

 A. 3457                             3
 
 chapter  214 of the laws of 1998, are amended and a new subdivision 8 is
 added to read as follows:
   Birth  certificate;  new certificate in case of subsequent marriage of
 unwed parents; adoption; adjudication  of  parentage;  change  of  name;
 GENDER TRANSITION.
   (e) the certificate of birth of a child born out of wedlock as defined
 in paragraph (b) of subdivision one of section four thousand one hundred
 thirty-five  of this article has been filed without entry of the name of
 the father and the commissioner thereafter receives  the  acknowledgment
 of  paternity  pursuant  to  section  one hundred eleven-k of the social
 services law or section four thousand one hundred thirty-five-b of  this
 article  executed by the putative father and mother which authorizes the
 entry of the name of  such  father,  and  which  may  also  authorize  a
 conforming change in the surname of the child; OR,
   (F) PROPER PROOF IS SUBMITTED TO THE COMMISSIONER FROM OR BY THE CLERK
 OF  A COURT OF A COMPETENT JURISDICTION TO REFLECT A CHANGE OF GENDER TO
 FEMALE, MALE,  OR  NONBINARY  PURSUANT  TO  SUBDIVISION  EIGHT  OF  THIS
 SECTION.
   8.  THE  COMMISSIONER  SHALL REQUIRE THAT A PETITION PURSUANT TO PARA-
 GRAPH (F) OF SUBDIVISION ONE OF THIS SECTION BE ACCOMPANIED BY AN  AFFI-
 DAVIT  ATTESTING  UNDER PENALTY OF PERJURY THAT THE REQUEST FOR A CHANGE
 OF GENDER TO FEMALE, MALE, OR NONBINARY IS TO CONFORM THE PERSON'S LEGAL
 GENDER TO THE PERSON'S GENDER IDENTITY AND IS NOT MADE FOR  ANY  FRAUDU-
 LENT PURPOSE. IN ADDITION, IF APPLICABLE, THE PETITION SHALL BE ACCOMPA-
 NIED  BY  A CERTIFIED COPY OF THE COURT ORDER FROM A COMPETENT JURISDIC-
 TION CHANGING THE APPLICANT'S NAME PURSUANT TO SECTION SIXTY-SIX OF  THE
 CIVIL RIGHTS LAW.
   § 6. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3457--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Gender Recognition Act".
   § 2.  Section 63 of the civil rights law, as amended by chapter 253 of
 the laws of 2014, is amended to read as follows:
   § 63. Order. If the court to which the petition is presented is satis-
 fied  thereby,  or by the affidavit and certificate presented therewith,
 that the petition is true, and that there is no reasonable objection  to
 the  change  of name proposed, and if the petition be to change the name
 of an infant, that the interests of the  infant  will  be  substantially
 promoted  by  the  change, the court shall make an order authorizing the
 petitioner to assume the name proposed. The order shall  further  recite
 the  date  and place of birth of the applicant and, if the applicant was
 born in the state of New York, such order shall set forth the number  of
 [his]  SUCH  INFANT'S  birth certificate or that no birth certificate is
 available. The order shall be directed to be entered and the  papers  on
 which  it  was granted to be filed [prior to the publication hereinafter
 directed] in the clerk's office of the county in  which  the  petitioner
 resides  if  he  be  an individual, or in the office of the clerk of the
 civil court of the city of New York if the order be made by that  court.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03194-02-9

 A. 3457--A                          2
 
 [Such  order  shall  also  direct the publication, at least once, within
 sixty days after the making of the order, in a designated  newspaper  in
 the county in which the order is directed to be entered and if the peti-
 tion is made by a person subject to the provisions of subdivision two of
 section  sixty-two  of  this  article,  in a designated newspaper in any
 county wherein such person was convicted if different from the county in
 which the order is otherwise directed to be  entered,  of  a  notice  in
 substantially  the  following form: Notice is hereby given that an order
 entered by the ............ court,............ county, on the ...... day
 of......., bearing Index Number..........., a copy of which may be exam-
 ined at the office of the clerk, located at .................,  in  room
 number.......,   grants   me   the   right   to   assume   the  name  of
 ...................   The city and  state  of  my  present  address  are
 .........................;   the   month   and  year  of  my  birth  are
 ................; the place of  my  birth  is  ....................;  my
 present name is .................................]
   §  2-a.  Section 64 of the civil rights law, as amended by chapter 258
 of the laws of 2006, and the closing paragraph as separately amended  by
 chapters  258,  320  and  481 of the laws of 2006, is amended to read as
 follows:
   § 64. Effect. If the order [shall be fully complied with,  and  within
 ninety  days after the making of the order, an affidavit of the publica-
 tion thereof shall be filed  in  the  office  in  which  the  order]  is
 entered,  the  petitioner  shall  be  known by the name which is thereby
 authorized to be assumed. If the surname  of  a  parent  be  changed  as
 provided  in this article, any minor child of such parent at the time of
 such change may thereafter assume such changed surname.
   [Upon compliance with the order and the filing of the affidavit of the
 publication, as provided in this section, the  clerk  of  the  court  in
 which  the  order has been entered shall certify that the order has been
 complied with; and, if] IF  the  petition  states  that  the  petitioner
 stands convicted of a violent felony offense as defined in section 70.02
 of  the penal law or a felony defined in article one hundred twenty-five
 of such law or any of the following  provisions  of  such  law  sections
 130.25,  130.30,  130.40,  130.45,  255.25,  255.26, 255.27, article two
 hundred sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two  of
 section  230.30  or  230.32,  [such] THE clerk OF THE COURT IN WHICH THE
 ORDER HAS BEEN ENTERED (1) shall deliver, by first class mail, a copy of
 such certified order to the division of criminal justice services at its
 office in the county of Albany and (2)  upon  the  clerk  of  the  court
 reviewing  the  petitioner's  application for name change and subsequent
 in-court inquiry, may, in the  clerk's  discretion,  deliver,  by  first
 class  mail,  the petitioner's new name with such certified order to the
 court of competent jurisdiction which imposed  the  orders  of  support.
 Such  certification shall appear on the original order and on any certi-
 fied copy thereof and shall be entered in the  clerk's  minutes  of  the
 proceeding.
   § 2-b. Section 64-a of the civil rights law, as amended by chapter 241
 of the laws of 2015, is amended to read as follows:
   §  64-a. [Exemption from publication requirements] SEALING NAME CHANGE
 PAPERS. 1. If the court shall find that [the publication] OPEN RECORD of
 an applicant's change of name would jeopardize such applicant's personal
 safety, based on  totality  of  the  circumstances  [the  provisions  of
 sections  sixty-three  and sixty-four of this article requiring publica-
 tion shall be waived and shall be inapplicable. Provided,  however,  the
 court  shall  not deny such waiver soley on the basis that the applicant

 A. 3457--A                          3

 lacks specific instances of or a personal history of threat to  personal
 safety.  The],  THE court shall order the records of such change of name
 proceeding [to] be sealed, to be opened only by order of the  court  for
 good  cause  shown or at the request of the applicant.  FOR THE PURPOSES
 OF THIS SECTION, "TOTALITY OF THE CIRCUMSTANCES" SHALL INCLUDE, BUT  NOT
 BE LIMITED TO, A CONSIDERATION OF THE RISK OF VIOLENCE OR DISCRIMINATION
 AGAINST  THE APPLICANT, INCLUDING SUCH APPLICANT'S STATUS AS TRANSGENDER
 OR AS THE SUBJECT OF DOMESTIC VIOLENCE.
   2. Notwithstanding any other provision of law, pending such a  finding
 in subdivision one of this section where an applicant seeks relief under
 this  section, the court shall immediately order the applicant's current
 name, proposed new name, residential and business  addresses,  telephone
 numbers,  and any other information contained in any pleadings or papers
 submitted to the court to be safeguarded and sealed in order to  prevent
 their  inadvertent or unauthorized use or disclosure while the matter is
 pending.
   § 2-c. The civil rights law is amended by adding a new article 6-A  to
 read as follows:
                                ARTICLE 6-A
                         CHANGE OF SEX DESIGNATION
 SECTION 67. PETITION TO CHANGE OF SEX DESIGNATION.
         67-A. CONTENTS.
         67-B. NOTICE.
         67-C. ORDER.
         67-D. EFFECT.
         67-E. SEALING CHANGE OF SEX DESIGNATION PAPERS.
   §  67.  PETITION TO CHANGE OF SEX DESIGNATION. 1. A PETITION FOR LEAVE
 TO CHANGE SEX DESIGNATION MAY BE MADE BY A RESIDENT OF THE STATE TO  THE
 COUNTY  COURT  OF THE COUNTY OR THE SUPREME COURT IN THE COUNTY IN WHICH
 SUCH RESIDENT RESIDES, OR, IF SUCH RESIDENT RESIDES IN THE CITY  OF  NEW
 YORK, EITHER TO THE SUPREME COURT OR TO ANY BRANCH OF THE CIVIL COURT OF
 THE  CITY  OF NEW YORK, IN ANY COUNTY OF THE CITY OF NEW YORK. THE PETI-
 TION TO CHANGE THE NAME OF AN INFANT MAY BE MADE BY THE  INFANT  THROUGH
 EITHER OF SUCH INFANT'S PARENTS, OR BY SUCH INFANT'S GENERAL GUARDIAN OR
 BY THE GUARDIAN OF SUCH INFANT'S PERSON.
   2.  SUCH REQUEST MAY BE MADE SIMULTANEOUSLY WITH A PETITION FOR CHANGE
 OF NAME PURSUANT TO SECTION SIXTY OR SIXTY-FIVE OF THIS  CHAPTER  OR  ON
 ITS OWN, THE RECORD TO BE SEALED UPON GOOD CAUSE SHOWN.
   §  67-A.  CONTENTS. 1. THE PETITION SHALL BE IN WRITING, SIGNED BY THE
 PETITIONER AND VERIFIED IN LIKE MANNER AS  A  PLEADING  IN  A  COURT  OF
 RECORD, AND SHALL SPECIFY THE GROUNDS OF THE APPLICATION, THE NAME, DATE
 OF  BIRTH, PLACE OF BIRTH, AGE AND RESIDENCE OF THE INDIVIDUAL WHOSE SEX
 DESIGNATION IS PROPOSED TO BE CHANGED AND THE SEX DESIGNATION WHICH SUCH
 PETITIONER PROPOSES TO ASSUME.
   2. UPON ALL APPLICATIONS FOR CHANGE OF NAME BY  PERSONS  BORN  IN  THE
 STATE  OF  NEW  YORK,  THERE  SHALL BE ANNEXED TO SUCH PETITION EITHER A
 BIRTH CERTIFICATE OR A CERTIFIED TRANSCRIPT THEREOF OR A CERTIFICATE  OF
 THE COMMISSIONER OR LOCAL BOARD OF HEALTH THAT NONE IS AVAILABLE.
   § 67-B. NOTICE. 1. IF THE PETITION BE TO CHANGE THE SEX DESIGNATION OF
 AN INFANT, NOTICE OF THE TIME AND PLACE WHEN AND WHERE THE PETITION WILL
 BE PRESENTED MUST BE SERVED, IN LIKE MANNER AS A NOTICE OF A MOTION UPON
 AN  ATTORNEY  IN AN ACTION, UPON (A) BOTH PARENTS OF THE INFANT, IF THEY
 BE LIVING, UNLESS THE PETITION BE MADE BY ONE OF THE PARENTS,  IN  WHICH
 CASE  NOTICE  MUST BE SERVED UPON THE OTHER, IF HE OR SHE BE LIVING, AND
 (B) THE GENERAL GUARDIAN OR GUARDIAN OF THE PERSON, IF THERE BE ONE. BUT
 IF ANY OF THE PERSONS, REQUIRED TO BE  GIVEN  NOTICE  BY  THIS  SECTION,

 A. 3457--A                          4
 
 RESIDE  WITHOUT THE STATE, THEN THE NOTICE REQUIRED BY THIS SECTION MUST
 BE SENT BY REGISTERED MAIL TO THE LAST KNOWN ADDRESS OF THE PERSON TO BE
 SERVED. IF IT APPEARS TO THE SATISFACTION OF THE  COURT  THAT  A  PERSON
 REQUIRED  TO  BE GIVEN NOTICE BY THIS SECTION CANNOT BE LOCATED WITH DUE
 DILIGENCE WITHIN THE STATE, AND THAT SUCH PERSON HAS  NO  KNOWN  ADDRESS
 WITHOUT  THE  STATE,  THEN THE COURT MAY DISPENSE WITH NOTICE OR REQUIRE
 NOTICE TO BE GIVEN TO SUCH PERSONS AND  IN  SUCH  MANNER  AS  THE  COURT
 THINKS PROPER.
   §  67-C.  ORDER.  IF  THE  COURT TO WHICH THE PETITION IS PRESENTED IS
 SATISFIED THEREBY, OR BY THE AFFIDAVIT AND CERTIFICATE PRESENTED  THERE-
 WITH,  THAT  THE  PETITION  IS  TRUE,  AND  THAT  THERE IS NO REASONABLE
 OBJECTION TO THE CHANGE OF NAME PROPOSED, AND  IF  THE  PETITION  BE  TO
 CHANGE  THE  NAME OF AN INFANT, THAT THE INTERESTS OF THE INFANT WILL BE
 SUBSTANTIALLY PROMOTED BY THE CHANGE, THE  COURT  SHALL  MAKE  AN  ORDER
 AUTHORIZING  THE PETITIONER TO ASSUME THE NAME PROPOSED. THE ORDER SHALL
 FURTHER RECITE THE DATE AND PLACE OF BIRTH OF THE APPLICANT AND, IF  THE
 APPLICANT  WAS BORN IN THE STATE OF NEW YORK, SUCH ORDER SHALL SET FORTH
 THE NUMBER OF SUCH INFANT'S BIRTH CERTIFICATE OR THAT NO  BIRTH  CERTIF-
 ICATE  IS  AVAILABLE.  THE ORDER SHALL BE DIRECTED TO BE ENTERED AND THE
 PAPERS ON WHICH IT WAS GRANTED TO BE FILED IN THE CLERK'S OFFICE OF  THE
 COUNTY IN WHICH THE PETITIONER RESIDES IF HE BE AN INDIVIDUAL, OR IN THE
 OFFICE  OF  THE  CLERK OF THE CIVIL COURT OF THE CITY OF NEW YORK IF THE
 ORDER BE MADE BY THAT COURT.
   § 67-D. EFFECT. IF THE ORDER IS ENTERED, THE PETITIONER SHALL BE KNOWN
 BY THE NAME WHICH IS THEREBY AUTHORIZED TO BE ASSUMED. IF THE SURNAME OF
 A PARENT BE CHANGED AS PROVIDED IN THIS ARTICLE, ANY MINOR CHILD OF SUCH
 PARENT AT THE TIME OF SUCH CHANGE MAY  THEREAFTER  ASSUME  SUCH  CHANGED
 SURNAME.
   §  67-E.  SEALING  CHANGE  OF  SEX DESIGNATION PAPERS. 1. IF THE COURT
 SHALL FIND THAT OPEN RECORD OF AN APPLICANT'S CHANGE OF SEX  DESIGNATION
 WOULD  JEOPARDIZE SUCH APPLICANT'S PERSONAL SAFETY, BASED ON TOTALITY OF
 THE CIRCUMSTANCES, THE COURT SHALL ORDER THE RECORDS OF SUCH  CHANGE  OF
 SEX  DESIGNATION  PROCEEDING TO BE SEALED, TO BE OPENED ONLY BY ORDER OF
 THE COURT FOR GOOD CAUSE SHOWN OR AT THE REQUEST OF THE  APPLICANT.  FOR
 THE  PURPOSES  OF  THIS  SECTION,  "TOTALITY OF THE CIRCUMSTANCES" SHALL
 INCLUDE, BUT NOT BE LIMITED TO, A CONSIDERATION OF THE RISK OF  VIOLENCE
 OR  DISCRIMINATION  AGAINST  THE  APPLICANT,  INCLUDING SUCH APPLICANT'S
 STATUS AS TRANSGENDER OR AS THE SUBJECT OF DOMESTIC VIOLENCE.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, PENDING SUCH A  FINDING
 IN SUBDIVISION ONE OF THIS SECTION WHERE AN APPLICANT SEEKS RELIEF UNDER
 THIS  SECTION, THE COURT SHALL IMMEDIATELY ORDER THE APPLICANT'S CURRENT
 NAME, SEX DESIGNATION, PROPOSED NEW  SEX  DESIGNATION,  RESIDENTIAL  AND
 BUSINESS   ADDRESSES,  TELEPHONE  NUMBERS,  AND  ANY  OTHER  INFORMATION
 CONTAINED IN ANY PLEADINGS OR PAPERS SUBMITTED TO THE COURT TO BE  SAFE-
 GUARDED AND SEALED IN ORDER TO PREVENT THEIR INADVERTENT OR UNAUTHORIZED
 USE OR DISCLOSURE WHILE THE MATTER IS PENDING.
   §  3.  Subdivision 1 of section 502 of the vehicle and traffic law, as
 amended by chapter 487 of the laws of 2012, is REPEALED.
   § 4. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
 amended by chapter 465 of the laws of 2012, the third undesignated para-
 graph  as amended by chapter 248 of the laws of 2016, is amended to read
 as follows:
   1. Application for license. Application for a driver's  license  shall
 be  made to the commissioner. The fee prescribed by law may be submitted
 with such application. The applicant shall furnish such proof of identi-
 ty, age, and fitness as may be required by the commissioner.  THE APPLI-

 A. 3457--A                          5
 
 CANT SHALL INDICATE THEIR SEX DESIGNATION OF MALE, FEMALE, OR  X,  WHICH
 CAN  INDICATE  NONBINARY,  INTERSEX,  UNDESIGNATED,  OR  OTHER,  AND THE
 COMMISSIONER SHALL NOT REQUIRE DOCUMENTATION FOR  AN  ORIGINAL  DRIVER'S
 LICENSE  APPLICANT'S  INITIAL  INDICATION  OF  A  SEX  DESIGNATION  OR A
 LICENSED APPLICANT'S REQUEST FOR AN AMENDMENT OTHER THAN THE  FOLLOWING:
 THE  APPLICANT'S  SELF-CERTIFICATION  OF  THEIR  SEX;  OR  DOCUMENTATION
 REQUIRED BY THIS CHAPTER AS NECESSARY TO ESTABLISH THAT AN APPLICANT  IS
 LAWFULLY  ENTITLED  TO A LICENSE. The commissioner may also provide that
 the application procedure shall include the taking of a photo  image  or
 images  of  the  applicant  in  accordance  with  rules  and regulations
 prescribed by the commissioner. In addition, the commissioner also shall
 require that the applicant provide [his or her] SUCH APPLICANT'S  social
 security number, SHALL PROVIDE SPACE SO THAT THE APPLICANT MAY REQUEST A
 NOTATION UPON SUCH LICENSE THAT THE APPLICANT IS A VETERAN OF THE UNITED
 STATES  ARMED FORCES, and shall provide space on the application so that
 the applicant may register in the New York state organ and tissue  donor
 registry  under section forty-three hundred ten of the public health law
 with the following stated on the application in  clear  and  conspicuous
 type:
   "You  must  fill out the following section: Would you like to be added
 to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
 tion'."
   The  commissioner  of  health shall not maintain records of any person
 who checks "skip this question". Except where the application is made in
 person or electronically, failure to check a box shall  not  impair  the
 validity of an application, and failure to check "yes" or checking "skip
 this  question" shall not be construed to imply a wish not to donate. In
 the case of an applicant under eighteen years  of  age,  checking  "yes"
 shall  not constitute consent to make an anatomical gift or registration
 in the donate life registry, except as otherwise  provided  pursuant  to
 the  provisions  of  paragraph  (b) of subdivision one of section forty-
 three hundred one of the public  health  law.  Where  an  applicant  has
 previously  consented  to  make  an anatomical gift or registered in the
 donate life registry, checking "skip this question" or failing to  check
 a  box  shall  not  impair that consent or registration. In addition, an
 applicant for a commercial driver's license who will operate  a  commer-
 cial motor vehicle in interstate commerce shall certify that such appli-
 cant  meets  the  requirements to operate a commercial motor vehicle, as
 set forth in public law 99-570, title XII, and title 49 of the  code  of
 federal  regulations,  and  all  regulations  promulgated  by the United
 States secretary of transportation under the hazardous materials  trans-
 portation  act.  In  addition,  an  applicant  for a commercial driver's
 license shall submit a medical certificate at such intervals as required
 by the federal motor carrier safety improvement act  of  1999  and  Part
 383.71(h)  of  title  49  of the code of federal regulations relating to
 medical certification and in a manner prescribed  by  the  commissioner.
 For  purposes  of  this  section  and  sections five hundred three, five
 hundred ten-a, and five hundred ten-aa of this title, the terms "medical
 certificate" and "medical certification" shall mean a form substantially
 in compliance with the form set forth in Part 391.43(h) of title  49  of
 the code of federal regulations. Upon a determination that the holder of
 a commercial driver's license has made any false statement, with respect
 to  the application for such license, the commissioner shall revoke such
 license.
   § 5. The section heading and paragraph (e) of subdivision 1 of section
 4138 of the public health law, the section heading as amended by chapter

 A. 3457--A                          6
 
 201 of the laws of 1972 and paragraph (e) of subdivision 1 as amended by
 chapter 214 of the laws of 1998, are amended and a new subdivision 8  is
 added to read as follows:
   Birth  certificate;  new certificate in case of subsequent marriage of
 unwed parents; adoption; adjudication of parentage; change  of  name  OF
 REGISTRANT OR PARENT; GENDER TRANSITION OF REGISTRANT OR PARENT.
   (e) the certificate of birth of a child born out of wedlock as defined
 in paragraph (b) of subdivision one of section four thousand one hundred
 thirty-five  of this article has been filed without entry of the name of
 the father and the commissioner thereafter receives  the  acknowledgment
 of  paternity  pursuant  to  section  one hundred eleven-k of the social
 services law or section four thousand one hundred thirty-five-b of  this
 article  executed by the putative father and mother which authorizes the
 entry of the name of  such  father,  and  which  may  also  authorize  a
 conforming change in the surname of the child; OR,
   (F) PROPER PROOF IS SUBMITTED TO THE COMMISSIONER FROM OR BY THE CLERK
 OF  A COURT OF A COMPETENT JURISDICTION TO REFLECT A CHANGE OF GENDER TO
 FEMALE, MALE,  OR  NONBINARY  PURSUANT  TO  SUBDIVISION  EIGHT  OF  THIS
 SECTION.
   8.  THE  COMMISSIONER  SHALL REQUIRE THAT A PETITION PURSUANT TO PARA-
 GRAPH (F) OF SUBDIVISION ONE OF THIS SECTION BE ACCOMPANIED BY AN  AFFI-
 DAVIT  ATTESTING  UNDER PENALTY OF PERJURY THAT THE REQUEST FOR A CHANGE
 OF GENDER TO FEMALE, MALE, OR NONBINARY IS TO CONFORM THE PERSON'S LEGAL
 GENDER TO THE PERSON'S GENDER IDENTITY AND IS NOT MADE FOR  ANY  FRAUDU-
 LENT PURPOSE.
   § 6. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.