SB 388

Version: Committee+Bill+R01+SB
Author: Public Health Committee

Created by BCL easyConverter SDK 5 (HTML Version)

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:

1Section 1. Section 46a-51 of the general statutes is repealed and the

2following is substituted in lieu thereof (Effective October 1, 2019):

3As used in section 4a-60a and this chapter:

4(1) "Blind" refers to an individual whose central visual acuity does

5not exceed 20/200 in the better eye with correcting lenses, or whose

6visual acuity is greater than 20/200 but is accompanied by a limitation

7in the fields of vision such that the widest diameter of the visual field

8subtends an angle no greater than twenty degrees;

9(2) "Commission" means the Commission on Human Rights and

10Opportunities created by section 46a-52;

11(3) "Commission legal counsel" means a member of the legal staff

12employed by the commission pursuant to section 46a-54;

13(4) "Commissioner" means a member of the commission;

14(5) "Court" means the Superior Court or any judge of said court;

Committee Bill No. 388

15(6) "Discrimination" includes segregation and separation;

16(7) "Discriminatory employment practice" means any discriminatory

17practice specified in section 46a-60 or 46a-81c;

18(8) "Discriminatory practice" means a violation of section 4a-60, 4a-

1960a, 4a-60g, 31-40y, 46a-58, 46a-59, 46a-60, 46a-64, 46a-64c, 46a-66, 46a-

22inclusive;

23(9) "Employee" means any person employed by an employer but

24shall not include any individual employed by such individual's

25parents, spouse or child;

26(10) "Employer" includes the state and all political subdivisions

27thereof and means any person or employer with three or more persons

28in such person's or employer's employ;

29(11) "Employment agency" means any person undertaking with or

30without compensation to procure employees or opportunities to work;

31(12) "Labor organization" means any organization which exists for

32the purpose, in whole or in part, of collective bargaining or of dealing

33 with employers concerning grievances, terms or conditions of

34employment, or of other mutual aid or protection in connection with

35employment;

36(13) "Intellectual disability" means intellectual disability as defined

37in section 1-1g;

40representatives, trustees, trustees in bankruptcy, receivers and the state

41and all political subdivisions and agencies thereof;

42(15) "Physically disabled" refers to any individual who has any

46deafness or being hard of hearing or reliance on a wheelchair or other

47remedial appliance or device;

48(16) "Respondent" means any person alleged in a complaint filed

49pursuant to section 46a-82 to have committed a discriminatory

50practice;

51(17) "Discrimination on the basis of sex" includes but is not limited

54conditions. As used in this subdivision, "intersex" means a condition in

55which an individual is born with a reproductive or sexual anatomy or

56chromosome pattern that does not fit the typical definition of male or

57female;

58(18) "Discrimination on the basis of religious creed" includes but is

61demonstrates that the employer is unable to reasonably accommodate

62to an employee's or prospective employee's religious observance or

63practice without undue hardship on the conduct of the employer's

64business;

65(19) "Learning disability" refers to an individual who exhibits a

66severe discrepancy between educational performance and measured

67intellectual ability and who exhibits a disorder in one or more of the

68basic psychological processes involved in understanding or in using

69language, spoken or written, which may manifest itself in a diminished

70 ability to listen, speak, read, write, spell or to do mathematical

71calculations;

72(20) "Mental disability" refers to an individual who has a record of,

73or is regarded as having one or more mental disorders, as defined in

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74the most recent edition of the American Psychiatric Association's

75"Diagnostic and Statistical Manual of Mental Disorders"; [and]

76(21) "Gender identity or expression" means a person's gender-

77related identity, appearance or behavior, whether or not that gender-

78 related identity, appearance or behavior is different from that

79traditionally associated with the person's physiology or assigned sex at

80birth, which gender-related identity can be shown by providing

81 evidence including, but not limited to, medical history, care or

82treatment of the gender-related identity, consistent and uniform

83assertion of the gender-related identity or any other evidence that the

84gender-related identity is sincerely held, part of a person's core

85identity or not being asserted for an improper purpose; [.] and

86(22) "Veteran" means veteran as defined in subsection (a) of section

8727-103.

88Sec. 2. Subsection (a) of section 1-1h of the general statutes is

89repealed and the following is substituted in lieu thereof (Effective

90October 1, 2019):

91(a) Any person who does not possess a valid motor vehicle

92operator's license may apply to the Department of Motor Vehicles for

93 an identity card. The application for an identity card shall be

94accompanied by the birth certificate of the applicant or a certificate of

95identification of the applicant issued and authorized for such use by

96the Department of Correction. Such application shall include: (1) The

97applicant's name; (2) the applicant's address; (3) whether the address is

98permanent or temporary; (4) the applicant's date of birth; (5) notice to

99the applicant that false statements on such application are punishable

100under section 53a-157b; and (6) such other pertinent information as the

101Commissioner of Motor Vehicles deems necessary. [A] The applicant

102shall pay a fee of twenty-two dollars and fifty cents [shall be paid] to

103the department upon issuance to the applicant of an identity card

104which contains a picture of the applicant and specifies the applicant's

105height, sex and eye color. An intersex applicant shall have the option

Committee Bill No. 388

106of identifying the applicant's sex as intersex. The commissioner shall

107accept as proof of such applicant's identification as intersex, in a form

108and manner prescribed by the commissioner, evidence of such

109applicant's intersex characteristics and specify such applicant's sex as

110intersex on such applicant's identity card. The applicant shall sign the

111application in the presence of an official of the department. The

112commissioner may waive the fee for any applicant (A) who has

113voluntarily surrendered such applicant's motor vehicle operator's

114license, (B) whose license has been refused by the commissioner

115pursuant to subdivision (4) of subsection (e) of section 14-36, (C) who

116is both a veteran, as defined in subsection (a) of section 27-103, and

117blind, as defined in subsection (a) of section 1-1f, or (D) who is a

118resident of a homeless shelter or other facility for homeless persons.

119The commissioner shall adopt regulations, in accordance with the

120provisions of chapter 54, to establish the procedure and qualifications

121for the issuance of an identity card to any such homeless applicant. As

122used in this subsection, "intersex" means a condition in which an

123individual is born with a reproductive or sexual anatomy or

124chromosome pattern that does not fit the typical definition of male or

125female.

126Sec. 3. (NEW) (Effective October 1, 2019) For purposes of issuing a

127motor vehicle operator's license, including, but not limited to, a

128commercial driver's license, in accordance with part III of chapter 246

129of the general statutes, the Commissioner of Motor Vehicles shall

130accept as proof of an individual's identification as intersex, in a form

131and manner prescribed by the commissioner, evidence of an

132individual's intersex characteristics. The commissioner shall specify the

133sex of any individual who submits such evidence as intersex on such

134individual's license. As used in this section, "intersex" means a

135condition in which an individual is born with a reproductive or sexual

136anatomy or chromosome pattern that does not fit the typical definition

137of male or female.

138Sec. 4. Subsection (a) of section 7-48 of the general statutes is

Committee Bill No. 388

139repealed and the following is substituted in lieu thereof (Effective

140October 1, 2019):

141(a) Not later than ten days after each live birth which occurs in this

142state, a birth certificate shall be filed with the registrar of vital statistics

143in the town in which the birth occurred and the certificate shall be

144registered if properly filed, by manual or electronic systems as

145prescribed by the commissioner. [On and after January 1, 1994, each]

146Each hospital with two hundred or more live births [in calendar year

1471990, or any subsequent calendar year,] shall electronically transmit

148birth information data to the department in a computer format

149approved by the department. Each birth certificate shall contain such

150information as the department may require and shall be completed in

151its entirety. The department shall accept evidence of a child's intersex

152characteristics, in a form and manner prescribed by the commissioner,

153and allow for the specification of the child's sex as intersex on the

154child's birth certificate. Medical and health information which is

155required by the department, including information regarding

156voluntary acknowledgments of paternity and whether the child was

157born out of wedlock, shall be recorded on a confidential portion of the

158certificate to be sent directly to the department. Such confidential

159records may be used for statistical and health purposes by the

160department or by a local director of health, as authorized by the

161department, for records related to the town served by the local director

162of health and where the mother was a resident at the time of the birth

163of the child. Such birth certificate and confidential records may be used

164internally by the hospital for records transmitted by the hospital for

165statistical, health and quality assurance purposes. The department

166shall give due consideration to national uniformity in vital statistics in

167prescribing the format and content of such certificate. As used in this

168subsection, "intersex" means a condition in which an individual is born

169with a reproductive or sexual anatomy or chromosome pattern that

170does not fit the typical definition of male or female.

171Sec. 5. Section 19a-42 of the general statutes is repealed and the

Committee Bill No. 388

172following is substituted in lieu thereof (Effective October 1, 2019):

173(a) To protect the integrity and accuracy of vital records, a certificate

174registered under chapter 93 may be amended only in accordance with

175sections 19a-41 to 19a-45, inclusive, chapter 93, regulations adopted by

176the Commissioner of Public Health pursuant to chapter 54 and

177uniform procedures prescribed by the commissioner. Only the

178commissioner may amend birth certificates to reflect changes

179concerning parentage, [or] gender change or change in designation of

180sex by an intersex person. Amendments related to parentage, [or]

181gender change or change in designation of sex by an intersex person

182shall result in the creation of a replacement certificate that supersedes

183the original, and shall in no way reveal the original language changed

184by the amendment. Any amendment to a vital record made by the

185registrar of vital statistics of the town in which the vital event occurred

186or by the commissioner shall be in accordance with such regulations

187and uniform procedures.

188(b) The commissioner and the registrar of vital statistics shall

189maintain sufficient documentation, as prescribed by the commissioner,

190to support amendments and shall ensure the confidentiality of such

191documentation as required by law. The date of amendment and a

192summary description of the evidence submitted in support of the

193amendment shall be endorsed on or made part of the record and the

194 original certificate shall be marked "Amended", except for

195amendments due to parentage, [or] gender change or change in

196designation of sex by an intersex person. When the registrar of the

197town in which the vital event occurred amends a certificate, such

198registrar shall, within ten days of making such amendment, forward

199an amended certificate to the commissioner and to any registrar

200having a copy of the certificate. When the commissioner amends a

201birth certificate, including changes due to parentage, [or] gender or

202designation of sex by an intersex person, the commissioner shall

203forward an amended certificate to the registrars of vital statistics

204affected and their records shall be amended accordingly.

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205(c) An amended certificate shall supersede the original certificate

206that has been changed and shall be marked "Amended", except for

207amendments due to parentage, [or] gender change or designation of

208sex by an intersex person. The original certificate in the case of

209parentage or gender change shall be physically or electronically sealed

210and kept in a confidential file by the department and the registrar of

211any town in which the birth was recorded, and may be unsealed for

212issuance only as provided in section 7-53 or upon a written order of a

213court of competent jurisdiction. The amended certificate shall become

214the official record.

215(d) (1) Upon receipt of (A) an acknowledgment of paternity

216executed in accordance with the provisions of subsection (a) of section

21746b-172 by both parents of a child born out of wedlock, or (B) a

218certified copy of an order of a court of competent jurisdiction

219establishing the paternity of a child born out of wedlock, the

220commissioner shall include on or amend, as appropriate, such child's

221birth certificate to show such paternity if paternity is not already

222shown on such birth certificate and to change the name of the child

223under eighteen years of age if so indicated on the acknowledgment of

224paternity form or within the certified court order as part of the

225paternity action. If a person who is the subject of a voluntary

226acknowledgment of paternity, as described in this subdivision, is

227eighteen years of age or older, the commissioner shall obtain a

228notarized affidavit from such person affirming that he or she agrees to

229the commissioner's amendment of such person's birth certificate as

230such amendment relates to the acknowledgment of paternity. The

231commissioner shall amend the birth certificate for an adult child to

232change his or her name only pursuant to a court order.

236requirements specified in section 7-50, or upon the proper filing of a

237rescission, in accordance with the provisions of section 46b-172. The

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238commissioner shall thereafter amend such child's birth certificate to

239remove or change the father's name and to change the name of the

240child, as requested at the time of the filing of a rescission, in

241accordance with the provisions of section 46b-172. Birth certificates

242amended under this subsection shall not be marked "Amended".

243(e) When the parent or parents of a child request the amendment of

244the child's birth certificate to reflect a new mother's name because the

245name on the original certificate is fictitious, such parent or parents

246shall obtain an order of a court of competent jurisdiction declaring the

247putative mother to be the child's mother. Upon receipt of a certified

248copy of such order, the department shall amend the child's birth

249certificate to reflect the mother's true name.

250(f) Upon receipt of a certified copy of an order of a court of

251competent jurisdiction changing the name of a person born in this state

252and upon request of such person or such person's parents, guardian, or

253legal representative, the commissioner or the registrar of vital statistics

254of the town in which the vital event occurred shall amend the birth

255certificate to show the new name by a method prescribed by the

256department.

257(g) When an applicant submits the documentation required by the

258regulations to amend a vital record, the commissioner shall hold a

259hearing, in accordance with chapter 54, if the commissioner has

260 reasonable cause to doubt the validity or adequacy of such

261documentation.

262(h) When an amendment under this section involves the changing of

263existing language on a death certificate due to an error pertaining to

264the cause of death, the death certificate shall be amended in such a

265manner that the original language is still visible. A copy of the death

266certificate shall be made. The original death certificate shall be sealed

267and kept in a confidential file at the department and only the

268commissioner may order it unsealed. The copy shall be amended in

269such a manner that the language to be changed is no longer visible.

Committee Bill No. 388

270The copy shall be a public document.

271(i) The commissioner shall issue a new birth certificate to reflect a

272gender change upon receipt of the following documents submitted in

273the form and manner prescribed by the commissioner: (1) A written

274request from the applicant, signed under penalty of law, for a

275replacement birth certificate to reflect that the applicant's gender

276differs from the sex designated on the original birth certificate; (2) a

277notarized affidavit by a physician licensed pursuant to chapter 370 or

278holding a current license in good standing in another state, an

279advanced practice registered nurse licensed pursuant to chapter 378 or

280holding a current license in good standing in another state, or a

281psychologist licensed pursuant to chapter 383 or holding a current

282license in good standing in another state, stating that the applicant has

283undergone surgical, hormonal or other treatment clinically appropriate

284for the applicant for the purpose of gender transition; and (3) if an

285applicant is also requesting a change of name listed on the original

286birth certificate, proof of a legal name change. The new birth certificate

287shall reflect the new gender identity by way of a change in the sex

288designation on the original birth certificate and, if applicable, the legal

289name change.

290(j) The commissioner shall issue a new birth certificate to reflect a

291change in designation of sex by a person as an intersex person upon

292receipt of the following documents submitted in the form and manner

293prescribed by the commissioner: (1) A written request from the

294applicant, signed under penalty of law, for a replacement birth

295certificate to reflect that the applicant seeks to change the designation

296of sex on the original birth certificate; (2) a notarized affidavit by a

297physician licensed pursuant to chapter 370 or holding a current license

298in good standing in another state, an advanced practice registered

299nurse licensed pursuant to chapter 378 or holding a current license in

300good standing in another state, or a psychologist licensed pursuant to

301chapter 383 or holding a current license in good standing in another

302state, stating that the applicant has intersex characteristics; and (3) if an

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303applicant is also requesting a change of name listed on the original

304birth certificate, proof of a legal name change. The new birth certificate

305shall reflect the newly designated sex by way of a change in the sex

306designation on the original birth certificate and, if applicable, the legal

307name change.

308Sec. 6. (NEW) (Effective October 1, 2019) An agency, as defined in

309section 1-200 of the general statutes, that requires a person to identify

310the person's sex for any reason shall accept as proof of the person's

311identification as intersex, in a form and manner prescribed by the

312 department or agency, evidence of such person's intersex

313characteristics and, on any documentation generated by such

314department or agency on which the sex of the person is identified,

315specify the person's sex as intersex. For purposes of this section,

316"intersex" means a condition in which an individual is born with a

317reproductive or sexual anatomy or chromosome pattern that does not

318fit the typical definitions of male or female.

This act shall take effect as follows and shall amend the following sections:

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.]

Committee Bill No. 388

S.B. 388

SB 388

Version: Committee+Bill+R01+SB
Author: Public Health Committee

Created by BCL easyConverter SDK 5 (HTML Version)

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:

1Section 1. Section 46a-51 of the general statutes is repealed and the

2following is substituted in lieu thereof (Effective October 1, 2019):

3As used in section 4a-60a and this chapter:

4(1) "Blind" refers to an individual whose central visual acuity does

5not exceed 20/200 in the better eye with correcting lenses, or whose

6visual acuity is greater than 20/200 but is accompanied by a limitation

7in the fields of vision such that the widest diameter of the visual field

8subtends an angle no greater than twenty degrees;

9(2) "Commission" means the Commission on Human Rights and

10Opportunities created by section 46a-52;

11(3) "Commission legal counsel" means a member of the legal staff

12employed by the commission pursuant to section 46a-54;

13(4) "Commissioner" means a member of the commission;

14(5) "Court" means the Superior Court or any judge of said court;

Committee Bill No. 388

15(6) "Discrimination" includes segregation and separation;

16(7) "Discriminatory employment practice" means any discriminatory

17practice specified in section 46a-60 or 46a-81c;

18(8) "Discriminatory practice" means a violation of section 4a-60, 4a-

1960a, 4a-60g, 31-40y, 46a-58, 46a-59, 46a-60, 46a-64, 46a-64c, 46a-66, 46a-

22inclusive;

23(9) "Employee" means any person employed by an employer but

24shall not include any individual employed by such individual's

25parents, spouse or child;

26(10) "Employer" includes the state and all political subdivisions

27thereof and means any person or employer with three or more persons

28in such person's or employer's employ;

29(11) "Employment agency" means any person undertaking with or

30without compensation to procure employees or opportunities to work;

31(12) "Labor organization" means any organization which exists for

32the purpose, in whole or in part, of collective bargaining or of dealing

33 with employers concerning grievances, terms or conditions of

34employment, or of other mutual aid or protection in connection with

35employment;

36(13) "Intellectual disability" means intellectual disability as defined

37in section 1-1g;

40representatives, trustees, trustees in bankruptcy, receivers and the state

41and all political subdivisions and agencies thereof;

42(15) "Physically disabled" refers to any individual who has any

46deafness or being hard of hearing or reliance on a wheelchair or other

47remedial appliance or device;

48(16) "Respondent" means any person alleged in a complaint filed

49pursuant to section 46a-82 to have committed a discriminatory

50practice;

51(17) "Discrimination on the basis of sex" includes but is not limited

54conditions. As used in this subdivision, "intersex" means a condition in

55which an individual is born with a reproductive or sexual anatomy or

56chromosome pattern that does not fit the typical definition of male or

57female;

58(18) "Discrimination on the basis of religious creed" includes but is

61demonstrates that the employer is unable to reasonably accommodate

62to an employee's or prospective employee's religious observance or

63practice without undue hardship on the conduct of the employer's

64business;

65(19) "Learning disability" refers to an individual who exhibits a

66severe discrepancy between educational performance and measured

67intellectual ability and who exhibits a disorder in one or more of the

68basic psychological processes involved in understanding or in using

69language, spoken or written, which may manifest itself in a diminished

70 ability to listen, speak, read, write, spell or to do mathematical

71calculations;

72(20) "Mental disability" refers to an individual who has a record of,

73or is regarded as having one or more mental disorders, as defined in

Committee Bill No. 388

74the most recent edition of the American Psychiatric Association's

75"Diagnostic and Statistical Manual of Mental Disorders"; [and]

76(21) "Gender identity or expression" means a person's gender-

77related identity, appearance or behavior, whether or not that gender-

78 related identity, appearance or behavior is different from that

79traditionally associated with the person's physiology or assigned sex at

80birth, which gender-related identity can be shown by providing

81 evidence including, but not limited to, medical history, care or

82treatment of the gender-related identity, consistent and uniform

83assertion of the gender-related identity or any other evidence that the

84gender-related identity is sincerely held, part of a person's core

85identity or not being asserted for an improper purpose; [.] and

86(22) "Veteran" means veteran as defined in subsection (a) of section

8727-103.

88Sec. 2. Subsection (a) of section 1-1h of the general statutes is

89repealed and the following is substituted in lieu thereof (Effective

90October 1, 2019):

91(a) Any person who does not possess a valid motor vehicle

92operator's license may apply to the Department of Motor Vehicles for

93 an identity card. The application for an identity card shall be

94accompanied by the birth certificate of the applicant or a certificate of

95identification of the applicant issued and authorized for such use by

96the Department of Correction. Such application shall include: (1) The

97applicant's name; (2) the applicant's address; (3) whether the address is

98permanent or temporary; (4) the applicant's date of birth; (5) notice to

99the applicant that false statements on such application are punishable

100under section 53a-157b; and (6) such other pertinent information as the

101Commissioner of Motor Vehicles deems necessary. [A] The applicant

102shall pay a fee of twenty-two dollars and fifty cents [shall be paid] to

103the department upon issuance to the applicant of an identity card

104which contains a picture of the applicant and specifies the applicant's

105height, sex and eye color. An intersex applicant shall have the option

Committee Bill No. 388

106of identifying the applicant's sex as intersex. The commissioner shall

107accept as proof of such applicant's identification as intersex, in a form

108and manner prescribed by the commissioner, evidence of such

109applicant's intersex characteristics and specify such applicant's sex as

110intersex on such applicant's identity card. The applicant shall sign the

111application in the presence of an official of the department. The

112commissioner may waive the fee for any applicant (A) who has

113voluntarily surrendered such applicant's motor vehicle operator's

114license, (B) whose license has been refused by the commissioner

115pursuant to subdivision (4) of subsection (e) of section 14-36, (C) who

116is both a veteran, as defined in subsection (a) of section 27-103, and

117blind, as defined in subsection (a) of section 1-1f, or (D) who is a

118resident of a homeless shelter or other facility for homeless persons.

119The commissioner shall adopt regulations, in accordance with the

120provisions of chapter 54, to establish the procedure and qualifications

121for the issuance of an identity card to any such homeless applicant. As

122used in this subsection, "intersex" means a condition in which an

123individual is born with a reproductive or sexual anatomy or

124chromosome pattern that does not fit the typical definition of male or

125female.

126Sec. 3. (NEW) (Effective October 1, 2019) For purposes of issuing a

127motor vehicle operator's license, including, but not limited to, a

128commercial driver's license, in accordance with part III of chapter 246

129of the general statutes, the Commissioner of Motor Vehicles shall

130accept as proof of an individual's identification as intersex, in a form

131and manner prescribed by the commissioner, evidence of an

132individual's intersex characteristics. The commissioner shall specify the

133sex of any individual who submits such evidence as intersex on such

134individual's license. As used in this section, "intersex" means a

135condition in which an individual is born with a reproductive or sexual

136anatomy or chromosome pattern that does not fit the typical definition

137of male or female.

138Sec. 4. Subsection (a) of section 7-48 of the general statutes is

Committee Bill No. 388

139repealed and the following is substituted in lieu thereof (Effective

140October 1, 2019):

141(a) Not later than ten days after each live birth which occurs in this

142state, a birth certificate shall be filed with the registrar of vital statistics

143in the town in which the birth occurred and the certificate shall be

144registered if properly filed, by manual or electronic systems as

145prescribed by the commissioner. [On and after January 1, 1994, each]

146Each hospital with two hundred or more live births [in calendar year

1471990, or any subsequent calendar year,] shall electronically transmit

148birth information data to the department in a computer format

149approved by the department. Each birth certificate shall contain such

150information as the department may require and shall be completed in

151its entirety. The department shall accept evidence of a child's intersex

152characteristics, in a form and manner prescribed by the commissioner,

153and allow for the specification of the child's sex as intersex on the

154child's birth certificate. Medical and health information which is

155required by the department, including information regarding

156voluntary acknowledgments of paternity and whether the child was

157born out of wedlock, shall be recorded on a confidential portion of the

158certificate to be sent directly to the department. Such confidential

159records may be used for statistical and health purposes by the

160department or by a local director of health, as authorized by the

161department, for records related to the town served by the local director

162of health and where the mother was a resident at the time of the birth

163of the child. Such birth certificate and confidential records may be used

164internally by the hospital for records transmitted by the hospital for

165statistical, health and quality assurance purposes. The department

166shall give due consideration to national uniformity in vital statistics in

167prescribing the format and content of such certificate. As used in this

168subsection, "intersex" means a condition in which an individual is born

169with a reproductive or sexual anatomy or chromosome pattern that

170does not fit the typical definition of male or female.

171Sec. 5. Section 19a-42 of the general statutes is repealed and the

Committee Bill No. 388

172following is substituted in lieu thereof (Effective October 1, 2019):

173(a) To protect the integrity and accuracy of vital records, a certificate

174registered under chapter 93 may be amended only in accordance with

175sections 19a-41 to 19a-45, inclusive, chapter 93, regulations adopted by

176the Commissioner of Public Health pursuant to chapter 54 and

177uniform procedures prescribed by the commissioner. Only the

178commissioner may amend birth certificates to reflect changes

179concerning parentage, [or] gender change or change in designation of

180sex by an intersex person. Amendments related to parentage, [or]

181gender change or change in designation of sex by an intersex person

182shall result in the creation of a replacement certificate that supersedes

183the original, and shall in no way reveal the original language changed

184by the amendment. Any amendment to a vital record made by the

185registrar of vital statistics of the town in which the vital event occurred

186or by the commissioner shall be in accordance with such regulations

187and uniform procedures.

188(b) The commissioner and the registrar of vital statistics shall

189maintain sufficient documentation, as prescribed by the commissioner,

190to support amendments and shall ensure the confidentiality of such

191documentation as required by law. The date of amendment and a

192summary description of the evidence submitted in support of the

193amendment shall be endorsed on or made part of the record and the

194 original certificate shall be marked "Amended", except for

195amendments due to parentage, [or] gender change or change in

196designation of sex by an intersex person. When the registrar of the

197town in which the vital event occurred amends a certificate, such

198registrar shall, within ten days of making such amendment, forward

199an amended certificate to the commissioner and to any registrar

200having a copy of the certificate. When the commissioner amends a

201birth certificate, including changes due to parentage, [or] gender or

202designation of sex by an intersex person, the commissioner shall

203forward an amended certificate to the registrars of vital statistics

204affected and their records shall be amended accordingly.

Committee Bill No. 388

205(c) An amended certificate shall supersede the original certificate

206that has been changed and shall be marked "Amended", except for

207amendments due to parentage, [or] gender change or designation of

208sex by an intersex person. The original certificate in the case of

209parentage or gender change shall be physically or electronically sealed

210and kept in a confidential file by the department and the registrar of

211any town in which the birth was recorded, and may be unsealed for

212issuance only as provided in section 7-53 or upon a written order of a

213court of competent jurisdiction. The amended certificate shall become

214the official record.

215(d) (1) Upon receipt of (A) an acknowledgment of paternity

216executed in accordance with the provisions of subsection (a) of section

21746b-172 by both parents of a child born out of wedlock, or (B) a

218certified copy of an order of a court of competent jurisdiction

219establishing the paternity of a child born out of wedlock, the

220commissioner shall include on or amend, as appropriate, such child's

221birth certificate to show such paternity if paternity is not already

222shown on such birth certificate and to change the name of the child

223under eighteen years of age if so indicated on the acknowledgment of

224paternity form or within the certified court order as part of the

225paternity action. If a person who is the subject of a voluntary

226acknowledgment of paternity, as described in this subdivision, is

227eighteen years of age or older, the commissioner shall obtain a

228notarized affidavit from such person affirming that he or she agrees to

229the commissioner's amendment of such person's birth certificate as

230such amendment relates to the acknowledgment of paternity. The

231commissioner shall amend the birth certificate for an adult child to

232change his or her name only pursuant to a court order.

236requirements specified in section 7-50, or upon the proper filing of a

237rescission, in accordance with the provisions of section 46b-172. The

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238commissioner shall thereafter amend such child's birth certificate to

239remove or change the father's name and to change the name of the

240child, as requested at the time of the filing of a rescission, in

241accordance with the provisions of section 46b-172. Birth certificates

242amended under this subsection shall not be marked "Amended".

243(e) When the parent or parents of a child request the amendment of

244the child's birth certificate to reflect a new mother's name because the

245name on the original certificate is fictitious, such parent or parents

246shall obtain an order of a court of competent jurisdiction declaring the

247putative mother to be the child's mother. Upon receipt of a certified

248copy of such order, the department shall amend the child's birth

249certificate to reflect the mother's true name.

250(f) Upon receipt of a certified copy of an order of a court of

251competent jurisdiction changing the name of a person born in this state

252and upon request of such person or such person's parents, guardian, or

253legal representative, the commissioner or the registrar of vital statistics

254of the town in which the vital event occurred shall amend the birth

255certificate to show the new name by a method prescribed by the

256department.

257(g) When an applicant submits the documentation required by the

258regulations to amend a vital record, the commissioner shall hold a

259hearing, in accordance with chapter 54, if the commissioner has

260 reasonable cause to doubt the validity or adequacy of such

261documentation.

262(h) When an amendment under this section involves the changing of

263existing language on a death certificate due to an error pertaining to

264the cause of death, the death certificate shall be amended in such a

265manner that the original language is still visible. A copy of the death

266certificate shall be made. The original death certificate shall be sealed

267and kept in a confidential file at the department and only the

268commissioner may order it unsealed. The copy shall be amended in

269such a manner that the language to be changed is no longer visible.

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270The copy shall be a public document.

271(i) The commissioner shall issue a new birth certificate to reflect a

272gender change upon receipt of the following documents submitted in

273the form and manner prescribed by the commissioner: (1) A written

274request from the applicant, signed under penalty of law, for a

275replacement birth certificate to reflect that the applicant's gender

276differs from the sex designated on the original birth certificate; (2) a

277notarized affidavit by a physician licensed pursuant to chapter 370 or

278holding a current license in good standing in another state, an

279advanced practice registered nurse licensed pursuant to chapter 378 or

280holding a current license in good standing in another state, or a

281psychologist licensed pursuant to chapter 383 or holding a current

282license in good standing in another state, stating that the applicant has

283undergone surgical, hormonal or other treatment clinically appropriate

284for the applicant for the purpose of gender transition; and (3) if an

285applicant is also requesting a change of name listed on the original

286birth certificate, proof of a legal name change. The new birth certificate

287shall reflect the new gender identity by way of a change in the sex

288designation on the original birth certificate and, if applicable, the legal

289name change.

290(j) The commissioner shall issue a new birth certificate to reflect a

291change in designation of sex by a person as an intersex person upon

292receipt of the following documents submitted in the form and manner

293prescribed by the commissioner: (1) A written request from the

294applicant, signed under penalty of law, for a replacement birth

295certificate to reflect that the applicant seeks to change the designation

296of sex on the original birth certificate; (2) a notarized affidavit by a

297physician licensed pursuant to chapter 370 or holding a current license

298in good standing in another state, an advanced practice registered

299nurse licensed pursuant to chapter 378 or holding a current license in

300good standing in another state, or a psychologist licensed pursuant to

301chapter 383 or holding a current license in good standing in another

302state, stating that the applicant has intersex characteristics; and (3) if an

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303applicant is also requesting a change of name listed on the original

304birth certificate, proof of a legal name change. The new birth certificate

305shall reflect the newly designated sex by way of a change in the sex

306designation on the original birth certificate and, if applicable, the legal

307name change.

308Sec. 6. (NEW) (Effective October 1, 2019) An agency, as defined in

309section 1-200 of the general statutes, that requires a person to identify

310the person's sex for any reason shall accept as proof of the person's

311identification as intersex, in a form and manner prescribed by the

312 department or agency, evidence of such person's intersex

313characteristics and, on any documentation generated by such

314department or agency on which the sex of the person is identified,

315specify the person's sex as intersex. For purposes of this section,

316"intersex" means a condition in which an individual is born with a

317reproductive or sexual anatomy or chromosome pattern that does not

318fit the typical definitions of male or female.

This act shall take effect as follows and shall amend the following sections:

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.]

Committee Bill No. 388

S.B. 388

SB 388

Version: Committee+Bill+R01+SB
Author: Public Health Committee

Created by BCL easyConverter SDK 5 (HTML Version)

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:

1Section 1. Section 46a-51 of the general statutes is repealed and the

2following is substituted in lieu thereof (Effective October 1, 2019):

3As used in section 4a-60a and this chapter:

4(1) "Blind" refers to an individual whose central visual acuity does

5not exceed 20/200 in the better eye with correcting lenses, or whose

6visual acuity is greater than 20/200 but is accompanied by a limitation

7in the fields of vision such that the widest diameter of the visual field

8subtends an angle no greater than twenty degrees;

9(2) "Commission" means the Commission on Human Rights and

10Opportunities created by section 46a-52;

11(3) "Commission legal counsel" means a member of the legal staff

12employed by the commission pursuant to section 46a-54;

13(4) "Commissioner" means a member of the commission;

14(5) "Court" means the Superior Court or any judge of said court;

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15(6) "Discrimination" includes segregation and separation;

16(7) "Discriminatory employment practice" means any discriminatory

17practice specified in section 46a-60 or 46a-81c;

18(8) "Discriminatory practice" means a violation of section 4a-60, 4a-

1960a, 4a-60g, 31-40y, 46a-58, 46a-59, 46a-60, 46a-64, 46a-64c, 46a-66, 46a-

22inclusive;

23(9) "Employee" means any person employed by an employer but

24shall not include any individual employed by such individual's

25parents, spouse or child;

26(10) "Employer" includes the state and all political subdivisions

27thereof and means any person or employer with three or more persons

28in such person's or employer's employ;

29(11) "Employment agency" means any person undertaking with or

30without compensation to procure employees or opportunities to work;

31(12) "Labor organization" means any organization which exists for

32the purpose, in whole or in part, of collective bargaining or of dealing

33 with employers concerning grievances, terms or conditions of

34employment, or of other mutual aid or protection in connection with

35employment;

36(13) "Intellectual disability" means intellectual disability as defined

37in section 1-1g;

40representatives, trustees, trustees in bankruptcy, receivers and the state

41and all political subdivisions and agencies thereof;

42(15) "Physically disabled" refers to any individual who has any

46deafness or being hard of hearing or reliance on a wheelchair or other

47remedial appliance or device;

48(16) "Respondent" means any person alleged in a complaint filed

49pursuant to section 46a-82 to have committed a discriminatory

50practice;

51(17) "Discrimination on the basis of sex" includes but is not limited

54conditions. As used in this subdivision, "intersex" means a condition in

55which an individual is born with a reproductive or sexual anatomy or

56chromosome pattern that does not fit the typical definition of male or

57female;

58(18) "Discrimination on the basis of religious creed" includes but is

61demonstrates that the employer is unable to reasonably accommodate

62to an employee's or prospective employee's religious observance or

63practice without undue hardship on the conduct of the employer's

64business;

65(19) "Learning disability" refers to an individual who exhibits a

66severe discrepancy between educational performance and measured

67intellectual ability and who exhibits a disorder in one or more of the

68basic psychological processes involved in understanding or in using

69language, spoken or written, which may manifest itself in a diminished

70 ability to listen, speak, read, write, spell or to do mathematical

71calculations;

72(20) "Mental disability" refers to an individual who has a record of,

73or is regarded as having one or more mental disorders, as defined in

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74the most recent edition of the American Psychiatric Association's

75"Diagnostic and Statistical Manual of Mental Disorders"; [and]

76(21) "Gender identity or expression" means a person's gender-

77related identity, appearance or behavior, whether or not that gender-

78 related identity, appearance or behavior is different from that

79traditionally associated with the person's physiology or assigned sex at

80birth, which gender-related identity can be shown by providing

81 evidence including, but not limited to, medical history, care or

82treatment of the gender-related identity, consistent and uniform

83assertion of the gender-related identity or any other evidence that the

84gender-related identity is sincerely held, part of a person's core

85identity or not being asserted for an improper purpose; [.] and

86(22) "Veteran" means veteran as defined in subsection (a) of section

8727-103.

88Sec. 2. Subsection (a) of section 1-1h of the general statutes is

89repealed and the following is substituted in lieu thereof (Effective

90October 1, 2019):

91(a) Any person who does not possess a valid motor vehicle

92operator's license may apply to the Department of Motor Vehicles for

93 an identity card. The application for an identity card shall be

94accompanied by the birth certificate of the applicant or a certificate of

95identification of the applicant issued and authorized for such use by

96the Department of Correction. Such application shall include: (1) The

97applicant's name; (2) the applicant's address; (3) whether the address is

98permanent or temporary; (4) the applicant's date of birth; (5) notice to

99the applicant that false statements on such application are punishable

100under section 53a-157b; and (6) such other pertinent information as the

101Commissioner of Motor Vehicles deems necessary. [A] The applicant

102shall pay a fee of twenty-two dollars and fifty cents [shall be paid] to

103the department upon issuance to the applicant of an identity card

104which contains a picture of the applicant and specifies the applicant's

105height, sex and eye color. An intersex applicant shall have the option

Committee Bill No. 388

106of identifying the applicant's sex as intersex. The commissioner shall

107accept as proof of such applicant's identification as intersex, in a form

108and manner prescribed by the commissioner, evidence of such

109applicant's intersex characteristics and specify such applicant's sex as

110intersex on such applicant's identity card. The applicant shall sign the

111application in the presence of an official of the department. The

112commissioner may waive the fee for any applicant (A) who has

113voluntarily surrendered such applicant's motor vehicle operator's

114license, (B) whose license has been refused by the commissioner

115pursuant to subdivision (4) of subsection (e) of section 14-36, (C) who

116is both a veteran, as defined in subsection (a) of section 27-103, and

117blind, as defined in subsection (a) of section 1-1f, or (D) who is a

118resident of a homeless shelter or other facility for homeless persons.

119The commissioner shall adopt regulations, in accordance with the

120provisions of chapter 54, to establish the procedure and qualifications

121for the issuance of an identity card to any such homeless applicant. As

122used in this subsection, "intersex" means a condition in which an

123individual is born with a reproductive or sexual anatomy or

124chromosome pattern that does not fit the typical definition of male or

125female.

126Sec. 3. (NEW) (Effective October 1, 2019) For purposes of issuing a

127motor vehicle operator's license, including, but not limited to, a

128commercial driver's license, in accordance with part III of chapter 246

129of the general statutes, the Commissioner of Motor Vehicles shall

130accept as proof of an individual's identification as intersex, in a form

131and manner prescribed by the commissioner, evidence of an

132individual's intersex characteristics. The commissioner shall specify the

133sex of any individual who submits such evidence as intersex on such

134individual's license. As used in this section, "intersex" means a

135condition in which an individual is born with a reproductive or sexual

136anatomy or chromosome pattern that does not fit the typical definition

137of male or female.

138Sec. 4. Subsection (a) of section 7-48 of the general statutes is

Committee Bill No. 388

139repealed and the following is substituted in lieu thereof (Effective

140October 1, 2019):

141(a) Not later than ten days after each live birth which occurs in this

142state, a birth certificate shall be filed with the registrar of vital statistics

143in the town in which the birth occurred and the certificate shall be

144registered if properly filed, by manual or electronic systems as

145prescribed by the commissioner. [On and after January 1, 1994, each]

146Each hospital with two hundred or more live births [in calendar year

1471990, or any subsequent calendar year,] shall electronically transmit

148birth information data to the department in a computer format

149approved by the department. Each birth certificate shall contain such

150information as the department may require and shall be completed in

151its entirety. The department shall accept evidence of a child's intersex

152characteristics, in a form and manner prescribed by the commissioner,

153and allow for the specification of the child's sex as intersex on the

154child's birth certificate. Medical and health information which is

155required by the department, including information regarding

156voluntary acknowledgments of paternity and whether the child was

157born out of wedlock, shall be recorded on a confidential portion of the

158certificate to be sent directly to the department. Such confidential

159records may be used for statistical and health purposes by the

160department or by a local director of health, as authorized by the

161department, for records related to the town served by the local director

162of health and where the mother was a resident at the time of the birth

163of the child. Such birth certificate and confidential records may be used

164internally by the hospital for records transmitted by the hospital for

165statistical, health and quality assurance purposes. The department

166shall give due consideration to national uniformity in vital statistics in

167prescribing the format and content of such certificate. As used in this

168subsection, "intersex" means a condition in which an individual is born

169with a reproductive or sexual anatomy or chromosome pattern that

170does not fit the typical definition of male or female.

171Sec. 5. Section 19a-42 of the general statutes is repealed and the

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172following is substituted in lieu thereof (Effective October 1, 2019):

173(a) To protect the integrity and accuracy of vital records, a certificate

174registered under chapter 93 may be amended only in accordance with

175sections 19a-41 to 19a-45, inclusive, chapter 93, regulations adopted by

176the Commissioner of Public Health pursuant to chapter 54 and

177uniform procedures prescribed by the commissioner. Only the

178commissioner may amend birth certificates to reflect changes

179concerning parentage, [or] gender change or change in designation of

180sex by an intersex person. Amendments related to parentage, [or]

181gender change or change in designation of sex by an intersex person

182shall result in the creation of a replacement certificate that supersedes

183the original, and shall in no way reveal the original language changed

184by the amendment. Any amendment to a vital record made by the

185registrar of vital statistics of the town in which the vital event occurred

186or by the commissioner shall be in accordance with such regulations

187and uniform procedures.

188(b) The commissioner and the registrar of vital statistics shall

189maintain sufficient documentation, as prescribed by the commissioner,

190to support amendments and shall ensure the confidentiality of such

191documentation as required by law. The date of amendment and a

192summary description of the evidence submitted in support of the

193amendment shall be endorsed on or made part of the record and the

194 original certificate shall be marked "Amended", except for

195amendments due to parentage, [or] gender change or change in

196designation of sex by an intersex person. When the registrar of the

197town in which the vital event occurred amends a certificate, such

198registrar shall, within ten days of making such amendment, forward

199an amended certificate to the commissioner and to any registrar

200having a copy of the certificate. When the commissioner amends a

201birth certificate, including changes due to parentage, [or] gender or

202designation of sex by an intersex person, the commissioner shall

203forward an amended certificate to the registrars of vital statistics

204affected and their records shall be amended accordingly.

Committee Bill No. 388

205(c) An amended certificate shall supersede the original certificate

206that has been changed and shall be marked "Amended", except for

207amendments due to parentage, [or] gender change or designation of

208sex by an intersex person. The original certificate in the case of

209parentage or gender change shall be physically or electronically sealed

210and kept in a confidential file by the department and the registrar of

211any town in which the birth was recorded, and may be unsealed for

212issuance only as provided in section 7-53 or upon a written order of a

213court of competent jurisdiction. The amended certificate shall become

214the official record.

215(d) (1) Upon receipt of (A) an acknowledgment of paternity

216executed in accordance with the provisions of subsection (a) of section

21746b-172 by both parents of a child born out of wedlock, or (B) a

218certified copy of an order of a court of competent jurisdiction

219establishing the paternity of a child born out of wedlock, the

220commissioner shall include on or amend, as appropriate, such child's

221birth certificate to show such paternity if paternity is not already

222shown on such birth certificate and to change the name of the child

223under eighteen years of age if so indicated on the acknowledgment of

224paternity form or within the certified court order as part of the

225paternity action. If a person who is the subject of a voluntary

226acknowledgment of paternity, as described in this subdivision, is

227eighteen years of age or older, the commissioner shall obtain a

228notarized affidavit from such person affirming that he or she agrees to

229the commissioner's amendment of such person's birth certificate as

230such amendment relates to the acknowledgment of paternity. The

231commissioner shall amend the birth certificate for an adult child to

232change his or her name only pursuant to a court order.

236requirements specified in section 7-50, or upon the proper filing of a

237rescission, in accordance with the provisions of section 46b-172. The

Committee Bill No. 388

238commissioner shall thereafter amend such child's birth certificate to

239remove or change the father's name and to change the name of the

240child, as requested at the time of the filing of a rescission, in

241accordance with the provisions of section 46b-172. Birth certificates

242amended under this subsection shall not be marked "Amended".

243(e) When the parent or parents of a child request the amendment of

244the child's birth certificate to reflect a new mother's name because the

245name on the original certificate is fictitious, such parent or parents

246shall obtain an order of a court of competent jurisdiction declaring the

247putative mother to be the child's mother. Upon receipt of a certified

248copy of such order, the department shall amend the child's birth

249certificate to reflect the mother's true name.

250(f) Upon receipt of a certified copy of an order of a court of

251competent jurisdiction changing the name of a person born in this state

252and upon request of such person or such person's parents, guardian, or

253legal representative, the commissioner or the registrar of vital statistics

254of the town in which the vital event occurred shall amend the birth

255certificate to show the new name by a method prescribed by the

256department.

257(g) When an applicant submits the documentation required by the

258regulations to amend a vital record, the commissioner shall hold a

259hearing, in accordance with chapter 54, if the commissioner has

260 reasonable cause to doubt the validity or adequacy of such

261documentation.

262(h) When an amendment under this section involves the changing of

263existing language on a death certificate due to an error pertaining to

264the cause of death, the death certificate shall be amended in such a

265manner that the original language is still visible. A copy of the death

266certificate shall be made. The original death certificate shall be sealed

267and kept in a confidential file at the department and only the

268commissioner may order it unsealed. The copy shall be amended in

269such a manner that the language to be changed is no longer visible.

Committee Bill No. 388

270The copy shall be a public document.

271(i) The commissioner shall issue a new birth certificate to reflect a

272gender change upon receipt of the following documents submitted in

273the form and manner prescribed by the commissioner: (1) A written

274request from the applicant, signed under penalty of law, for a

275replacement birth certificate to reflect that the applicant's gender

276differs from the sex designated on the original birth certificate; (2) a

277notarized affidavit by a physician licensed pursuant to chapter 370 or

278holding a current license in good standing in another state, an

279advanced practice registered nurse licensed pursuant to chapter 378 or

280holding a current license in good standing in another state, or a

281psychologist licensed pursuant to chapter 383 or holding a current

282license in good standing in another state, stating that the applicant has

283undergone surgical, hormonal or other treatment clinically appropriate

284for the applicant for the purpose of gender transition; and (3) if an

285applicant is also requesting a change of name listed on the original

286birth certificate, proof of a legal name change. The new birth certificate

287shall reflect the new gender identity by way of a change in the sex

288designation on the original birth certificate and, if applicable, the legal

289name change.

290(j) The commissioner shall issue a new birth certificate to reflect a

291change in designation of sex by a person as an intersex person upon

292receipt of the following documents submitted in the form and manner

293prescribed by the commissioner: (1) A written request from the

294applicant, signed under penalty of law, for a replacement birth

295certificate to reflect that the applicant seeks to change the designation

296of sex on the original birth certificate; (2) a notarized affidavit by a

297physician licensed pursuant to chapter 370 or holding a current license

298in good standing in another state, an advanced practice registered

299nurse licensed pursuant to chapter 378 or holding a current license in

300good standing in another state, or a psychologist licensed pursuant to

301chapter 383 or holding a current license in good standing in another

302state, stating that the applicant has intersex characteristics; and (3) if an

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303applicant is also requesting a change of name listed on the original

304birth certificate, proof of a legal name change. The new birth certificate

305shall reflect the newly designated sex by way of a change in the sex

306designation on the original birth certificate and, if applicable, the legal

307name change.

308Sec. 6. (NEW) (Effective October 1, 2019) An agency, as defined in

309section 1-200 of the general statutes, that requires a person to identify

310the person's sex for any reason shall accept as proof of the person's

311identification as intersex, in a form and manner prescribed by the

312 department or agency, evidence of such person's intersex

313characteristics and, on any documentation generated by such

314department or agency on which the sex of the person is identified,

315specify the person's sex as intersex. For purposes of this section,

316"intersex" means a condition in which an individual is born with a

317reproductive or sexual anatomy or chromosome pattern that does not

318fit the typical definitions of male or female.

This act shall take effect as follows and shall amend the following sections:

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.]

Committee Bill No. 388

S.B. 388