Version: File+No.+713+R000713+FC
Author: Public Health Committee
AN ACT CONCERNING INTERSEX PERSONS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
1Section 1. Section
2following is substituted in lieu thereof (Effective October 1, 2019):
3As used in section
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
11(3) "Commission legal counsel" means a member of the legal staff
12employed by the commission pursuant to section
13(4) "Commissioner" means a member of the commission;
14(5) "Court" means the Superior Court or any judge of said court;
15(6) "Discrimination" includes segregation and separation;
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16(7) "Discriminatory employment practice" means any discriminatory
17practice specified in section
18(8) "Discriminatory practice" means a violation of section
1960a,
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
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
Substitute Bill No. 388
45 changes or from illness, including, but not limited to, epilepsy,
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
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
74the most recent edition of the American Psychiatric Association's
75"Diagnostic and Statistical Manual of Mental Disorders"; [and]
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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
81 evidence including, but not limited to, medical history, care or
82treatment of the
83assertion of the
84
85identity or not being asserted for an improper purpose; [.] and
86(22) "Veteran" means veteran as defined in subsection (a) of section
87
88Sec. 2. Subsection (a) of section
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
101Commissioner of Motor Vehicles deems necessary. [A] The applicant
102shall pay a fee of
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
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
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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
116is both a veteran, as defined in subsection (a) of section
117blind, as defined in subsection (a) of section
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
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
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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 any calendar
147year [1990, or any subsequent calendar year,] shall electronically
148transmit birth information data to the department in a computer
149format approved by the department. Each birth certificate shall contain
150such information as the department may require and shall be
151completed in its entirety. The department shall accept evidence of a
152child's intersex characteristics, in a form and manner prescribed by the
153commissioner, and allow for the specification of the child's sex as
154intersex on the child's birth certificate. Medical and health information
155which is required 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
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
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175sections
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
202change or designation of sex by an intersex person, the commissioner
203shall forward an amended certificate to the registrars of vital statistics
204affected and their records shall be amended accordingly.
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
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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
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
217
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
237rescission, in accordance with the provisions of section
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
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241accordance with the provisions of section
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.
270The copy shall be a public document.
271(i) The commissioner shall issue a new birth certificate to reflect a
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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
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
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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
310the person's sex for any reason shall accept as proof of the person's
311identification as intersex an identity card or motor vehicle operator's
312license issued by the Department of Motor Vehicles or a birth
313certificate issued by the Department of Public Health or a registrar of
314vital statistics and shall specify the person's sex as intersex on any
315documentation generated by such agency on which the sex of the
316person is identified. For purposes of this section, "intersex" means a
317condition in which an individual is born with a reproductive or sexual
318anatomy or chromosome pattern that does not fit the typical
319definitions of male or female.
320Sec. 7. (Effective from passage) (a) There is established a task force to
321study the circumstances in which a surgery related to a person's
322intersex status is medically necessary.
323(b) The task force shall consist of the following members:
324(1) Two appointed by the speaker of the House of Representatives;
325(2) Two appointed by the president pro tempore of the Senate;
326(3) One appointed by the majority leader of the House of
327Representatives;
328(4) One appointed by the majority leader of the Senate;
329(5) One appointed by the minority leader of the House of
330Representatives; and
331(6) One appointed by the minority leader of the Senate;
332(c) Any member of the task force appointed under subsection (b) of
333this section may be a member of the General Assembly.
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334(d) All appointments to the task force shall be made not later than
335thirty days after the effective date of this section. Any vacancy shall be
336filled by the appointing authority.
337(e) The speaker of the House of Representatives and the president
338pro tempore of the Senate shall select the chairpersons of the task force
339from among the members of the task force. Such chairpersons shall
340schedule the first meeting of the task force, which shall be held not
341later than sixty days after the effective date of this section.
342(f) The administrative staff of the joint standing committee of the
343General Assembly having cognizance of matters relating to public
344health shall serve as administrative staff of the task force.
345(g) Not later than January 1, 2020, the task force shall submit a
346report on its findings and recommendations to the joint standing
347committee of the General Assembly having cognizance of matters
348relating to public health, in accordance with the provisions of section
349
350that it submits such report or January 1, 2020, whichever is later.
This act shall take effect as follows and shall amend the following sections:
Statement of Legislative Commissioners:
In Section 6, "such department or agency" was changed to "such agency" for internal consistency.
PH Joint Favorable Subst.
Version: File+No.+713+R000713+FC
Author: Public Health Committee
AN ACT CONCERNING INTERSEX PERSONS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
1Section 1. Section
2following is substituted in lieu thereof (Effective October 1, 2019):
3As used in section
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
11(3) "Commission legal counsel" means a member of the legal staff
12employed by the commission pursuant to section
13(4) "Commissioner" means a member of the commission;
14(5) "Court" means the Superior Court or any judge of said court;
15(6) "Discrimination" includes segregation and separation;
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16(7) "Discriminatory employment practice" means any discriminatory
17practice specified in section
18(8) "Discriminatory practice" means a violation of section
1960a,
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
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
Substitute Bill No. 388
45 changes or from illness, including, but not limited to, epilepsy,
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
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
74the most recent edition of the American Psychiatric Association's
75"Diagnostic and Statistical Manual of Mental Disorders"; [and]
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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
81 evidence including, but not limited to, medical history, care or
82treatment of the
83assertion of the
84
85identity or not being asserted for an improper purpose; [.] and
86(22) "Veteran" means veteran as defined in subsection (a) of section
87
88Sec. 2. Subsection (a) of section
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
101Commissioner of Motor Vehicles deems necessary. [A] The applicant
102shall pay a fee of
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
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
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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
116is both a veteran, as defined in subsection (a) of section
117blind, as defined in subsection (a) of section
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
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
Substitute Bill No. 388
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 any calendar
147year [1990, or any subsequent calendar year,] shall electronically
148transmit birth information data to the department in a computer
149format approved by the department. Each birth certificate shall contain
150such information as the department may require and shall be
151completed in its entirety. The department shall accept evidence of a
152child's intersex characteristics, in a form and manner prescribed by the
153commissioner, and allow for the specification of the child's sex as
154intersex on the child's birth certificate. Medical and health information
155which is required 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
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
Substitute Bill No. 388
175sections
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
202change or designation of sex by an intersex person, the commissioner
203shall forward an amended certificate to the registrars of vital statistics
204affected and their records shall be amended accordingly.
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
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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
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
217
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
237rescission, in accordance with the provisions of section
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
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241accordance with the provisions of section
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.
270The copy shall be a public document.
271(i) The commissioner shall issue a new birth certificate to reflect a
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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
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
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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
310the person's sex for any reason shall accept as proof of the person's
311identification as intersex an identity card or motor vehicle operator's
312license issued by the Department of Motor Vehicles or a birth
313certificate issued by the Department of Public Health or a registrar of
314vital statistics and shall specify the person's sex as intersex on any
315documentation generated by such agency on which the sex of the
316person is identified. For purposes of this section, "intersex" means a
317condition in which an individual is born with a reproductive or sexual
318anatomy or chromosome pattern that does not fit the typical
319definitions of male or female.
320Sec. 7. (Effective from passage) (a) There is established a task force to
321study the circumstances in which a surgery related to a person's
322intersex status is medically necessary.
323(b) The task force shall consist of the following members:
324(1) Two appointed by the speaker of the House of Representatives;
325(2) Two appointed by the president pro tempore of the Senate;
326(3) One appointed by the majority leader of the House of
327Representatives;
328(4) One appointed by the majority leader of the Senate;
329(5) One appointed by the minority leader of the House of
330Representatives; and
331(6) One appointed by the minority leader of the Senate;
332(c) Any member of the task force appointed under subsection (b) of
333this section may be a member of the General Assembly.
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334(d) All appointments to the task force shall be made not later than
335thirty days after the effective date of this section. Any vacancy shall be
336filled by the appointing authority.
337(e) The speaker of the House of Representatives and the president
338pro tempore of the Senate shall select the chairpersons of the task force
339from among the members of the task force. Such chairpersons shall
340schedule the first meeting of the task force, which shall be held not
341later than sixty days after the effective date of this section.
342(f) The administrative staff of the joint standing committee of the
343General Assembly having cognizance of matters relating to public
344health shall serve as administrative staff of the task force.
345(g) Not later than January 1, 2020, the task force shall submit a
346report on its findings and recommendations to the joint standing
347committee of the General Assembly having cognizance of matters
348relating to public health, in accordance with the provisions of section
349
350that it submits such report or January 1, 2020, whichever is later.
This act shall take effect as follows and shall amend the following sections:
Statement of Legislative Commissioners:
In Section 6, "such department or agency" was changed to "such agency" for internal consistency.
PH Joint Favorable Subst.
Version: File+No.+713+R000713+FC
Author: Public Health Committee
AN ACT CONCERNING INTERSEX PERSONS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
1Section 1. Section
2following is substituted in lieu thereof (Effective October 1, 2019):
3As used in section
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
11(3) "Commission legal counsel" means a member of the legal staff
12employed by the commission pursuant to section
13(4) "Commissioner" means a member of the commission;
14(5) "Court" means the Superior Court or any judge of said court;
15(6) "Discrimination" includes segregation and separation;
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16(7) "Discriminatory employment practice" means any discriminatory
17practice specified in section
18(8) "Discriminatory practice" means a violation of section
1960a,
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
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
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45 changes or from illness, including, but not limited to, epilepsy,
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
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
74the most recent edition of the American Psychiatric Association's
75"Diagnostic and Statistical Manual of Mental Disorders"; [and]
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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
81 evidence including, but not limited to, medical history, care or
82treatment of the
83assertion of the
84
85identity or not being asserted for an improper purpose; [.] and
86(22) "Veteran" means veteran as defined in subsection (a) of section
87
88Sec. 2. Subsection (a) of section
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
101Commissioner of Motor Vehicles deems necessary. [A] The applicant
102shall pay a fee of
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
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
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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
116is both a veteran, as defined in subsection (a) of section
117blind, as defined in subsection (a) of section
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
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
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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 any calendar
147year [1990, or any subsequent calendar year,] shall electronically
148transmit birth information data to the department in a computer
149format approved by the department. Each birth certificate shall contain
150such information as the department may require and shall be
151completed in its entirety. The department shall accept evidence of a
152child's intersex characteristics, in a form and manner prescribed by the
153commissioner, and allow for the specification of the child's sex as
154intersex on the child's birth certificate. Medical and health information
155which is required 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
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
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175sections
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
202change or designation of sex by an intersex person, the commissioner
203shall forward an amended certificate to the registrars of vital statistics
204affected and their records shall be amended accordingly.
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
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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
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
217
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
237rescission, in accordance with the provisions of section
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
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241accordance with the provisions of section
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.
270The copy shall be a public document.
271(i) The commissioner shall issue a new birth certificate to reflect a
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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
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
Substitute Bill No. 388
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
310the person's sex for any reason shall accept as proof of the person's
311identification as intersex an identity card or motor vehicle operator's
312license issued by the Department of Motor Vehicles or a birth
313certificate issued by the Department of Public Health or a registrar of
314vital statistics and shall specify the person's sex as intersex on any
315documentation generated by such agency on which the sex of the
316person is identified. For purposes of this section, "intersex" means a
317condition in which an individual is born with a reproductive or sexual
318anatomy or chromosome pattern that does not fit the typical
319definitions of male or female.
320Sec. 7. (Effective from passage) (a) There is established a task force to
321study the circumstances in which a surgery related to a person's
322intersex status is medically necessary.
323(b) The task force shall consist of the following members:
324(1) Two appointed by the speaker of the House of Representatives;
325(2) Two appointed by the president pro tempore of the Senate;
326(3) One appointed by the majority leader of the House of
327Representatives;
328(4) One appointed by the majority leader of the Senate;
329(5) One appointed by the minority leader of the House of
330Representatives; and
331(6) One appointed by the minority leader of the Senate;
332(c) Any member of the task force appointed under subsection (b) of
333this section may be a member of the General Assembly.
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334(d) All appointments to the task force shall be made not later than
335thirty days after the effective date of this section. Any vacancy shall be
336filled by the appointing authority.
337(e) The speaker of the House of Representatives and the president
338pro tempore of the Senate shall select the chairpersons of the task force
339from among the members of the task force. Such chairpersons shall
340schedule the first meeting of the task force, which shall be held not
341later than sixty days after the effective date of this section.
342(f) The administrative staff of the joint standing committee of the
343General Assembly having cognizance of matters relating to public
344health shall serve as administrative staff of the task force.
345(g) Not later than January 1, 2020, the task force shall submit a
346report on its findings and recommendations to the joint standing
347committee of the General Assembly having cognizance of matters
348relating to public health, in accordance with the provisions of section
349
350that it submits such report or January 1, 2020, whichever is later.
This act shall take effect as follows and shall amend the following sections:
Statement of Legislative Commissioners:
In Section 6, "such department or agency" was changed to "such agency" for internal consistency.
PH Joint Favorable Subst.