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General Assembly Substitute Bill No. 388
January Session, 2019
AN ACT CONCERNING IN TERSEX PERSONS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 46a-51 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2019): 2
As used in section 4a-60a and this chapter: 3
(1) "Blind" refers to an individual whose central visual acuity does 4
not exceed 20/200 in the better eye with correcting lenses, or whose 5
visual acuity is greater than 20/200 but is accompanied by a limitation 6
in the fields of vision such that the widest diameter of the visual field 7
subtends an angle no greater than twenty degrees; 8
(2) "Commission" means the Commission on Human Rights and 9
Opportunities created by section 46a-52; 10
(3) "Commission legal counsel" means a member of the legal staff 11
employed by the commission pursuant to section 46a-54; 12
(4) "Commissioner" means a member of the commission; 13
(5) "Court" means the Superior Court or any judge of said court; 14
(6) "Discrimination" includes segregation and separation; 15 Substitute Bill No. 388
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(7) "Discriminatory employment practice" means any discriminatory 16
practice specified in section 46a-60 or 46a-81c; 17
(8) "Discriminatory practice" means a violation of section 4a-60, 4a-18
60a, 4a-60g, 31-40y, 46a-58, 46a-59, 46a-60, 46a-64, 46a-64c, 46a-66, 46a-19
68, 46a-68c to 46a-68f, inclusive, or 46a-70 to 46a-78, inclusive, 20
subsection (a) of section 46a-80 or sections 46a-81b to 46a-81o, 21
inclusive; 22
(9) "Employee" means any person employed by an employer but 23
shall not include any individual employed by such individual's 24
parents, spouse or child; 25
(10) "Employer" includes the state and all political subdivisions 26
thereof and means any person or employer with three or more persons 27
in such person's or employer's employ; 28
(11) "Employment agency" means any person undertaking with or 29
without compensation to procure employees or opportunities to work; 30
(12) "Labor organization" means any organization which exists for 31
the purpose, in whole or in part, of collective bargaining or of dealing 32
with employers concerning grievances, terms or conditions of 33
employment, or of other mutual aid or protection in connection with 34
employment; 35
(13) "Intellectual disability" means intellectual disability as defined 36
in section 1-1g; 37
(14) "Person" means one or more individuals, partnerships, 38
associations, corporations, limited liability companies, legal 39
representatives, trustees, trustees in bankruptcy, receivers and the state 40
and all political subdivisions and agencies thereof; 41
(15) "Physically disabled" refers to any individual who has any 42
chronic physical handicap, infirmity or impairment, whether 43
congenital or resulting from bodily injury, organic processes or 44 Substitute Bill No. 388
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changes or from illness, including, but not limited to, epilepsy, 45
deafness or being hard of hearing or reliance on a wheelchair or other 46
remedial appliance or device; 47
(16) "Respondent" means any person alleged in a complaint filed 48
pursuant to section 46a-82 to have committed a discriminatory 49
practice; 50
(17) "Discrimination on the basis of sex" includes but is not limited 51
to discrimination related to pregnancy, child-bearing capacity, 52
sterilization, fertility, intersex characteristics or related medical 53
conditions. As used in this subdivision, "intersex" means a condition in 54
which an individual is born with a reproductive or sexual anatomy or 55
chromosome pattern that does not fit the typical definition of male or 56
female; 57
(18) "Discrimination on the basis of religious creed" includes but is 58
not limited to discrimination related to all aspects of religious 59
observances and practice as well as belief, unless an employer 60
demonstrates that the employer is unable to reasonably accommodate 61
to an employee's or prospective employee's religious observance or 62
practice without undue hardship on the conduct of the employer's 63
business; 64
(19) "Learning disability" refers to an individual who exhibits a 65
severe discrepancy between educational performance and measured 66
intellectual ability and who exhibits a disorder in one or more of the 67
basic psychological processes involved in understanding or in using 68
language, spoken or written, which may manifest itself in a diminished 69
ability to listen, speak, read, write, spell or to do mathematical 70
calculations; 71
(20) "Mental disability" refers to an individual who has a record of, 72
or is regarded as having one or more mental disorders, as defined in 73
the most recent edition of the American Psychiatric Association's 74
"Diagnostic and Statistical Manual of Mental Disorders"; [and] 75 Substitute Bill No. 388
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(21) "Gender identity or expression" means a person's gender-76
related identity, appearance or behavior, whether or not that gender-77
related identity, appearance or behavior is different from that 78
traditionally associated with the person's physiology or assigned sex at 79
birth, which gender-related identity can be shown by providing 80
evidence including, but not limited to, medical history, care or 81
treatment of the gender-related identity, consistent and uniform 82
assertion of the gender-related identity or any other evidence that the 83
gender-related identity is sincerely held, part of a person's core 84
identity or not being asserted for an improper purpose; [.] and 85
(22) "Veteran" means veteran as defined in subsection (a) of section 86
27-103. 87
Sec. 2. Subsection (a) of section 1-1h of the general statutes is 88
repealed and the following is substituted in lieu thereof (Effective 89
October 1, 2019): 90
(a) Any person who does not possess a valid motor vehicle 91
operator's license may apply to the Department of Motor Vehicles for 92
an identity card. The application for an identity card shall be 93
accompanied by the birth certificate of the applicant or a certificate of 94
identification of the applicant issued and authorized for such use by 95
the Department of Correction. Such application shall include: (1) The 96
applicant's name; (2) the applicant's address; (3) whether the address is 97
permanent or temporary; (4) the applicant's date of birth; (5) notice to 98
the applicant that false statements on such application are punishable 99
under section 53a-157b; and (6) such other pertinent information as the 100
Commissioner of Motor Vehicles deems necessary. [A] The applicant 101
shall pay a fee of twenty-two dollars and fifty cents [shall be paid] to 102
the department upon issuance to the applicant of an identity card 103
which contains a picture of the applicant and specifies the applicant's 104
height, sex and eye color. An intersex applicant shall have the option 105
of identifying the applicant's sex as intersex. The commissioner shall 106
accept as proof of such applicant's identification as intersex, in a form 107
and manner prescribed by the commissioner, evidence of such 108 Substitute Bill No. 388
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applicant's intersex characteristics and specify such applicant's sex as 109
intersex on such applicant's identity card. The applicant shall sign the 110
application in the presence of an official of the department. The 111
commissioner may waive the fee for any applicant (A) who has 112
voluntarily surrendered such applicant's motor vehicle operator's 113
license, (B) whose license has been refused by the commissioner 114
pursuant to subdivision (4) of subsection (e) of section 14-36, (C) who 115
is both a veteran, as defined in subsection (a) of section 27-103, and 116
blind, as defined in subsection (a) of section 1-1f, or (D) who is a 117
resident of a homeless shelter or other facility for homeless persons. 118
The commissioner shall adopt regulations, in accordance with the 119
provisions of chapter 54, to establish the procedure and qualifications 120
for the issuance of an identity card to any such homeless applicant. As 121
used in this subsection, "intersex" means a condition in which an 122
individual is born with a reproductive or sexual anatomy or 123
chromosome pattern that does not fit the typical definition of male or 124
female. 125
Sec. 3. (NEW) (Effective October 1, 2019) For purposes of issuing a 126
motor vehicle operator's license, including, but not limited to, a 127
commercial driver's license, in accordance with part III of chapter 246 128
of the general statutes, the Commissioner of Motor Vehicles shall 129
accept as proof of an individual's identification as intersex, in a form 130
and manner prescribed by the commissioner, evidence of an 131
individual's intersex characteristics. The commissioner shall specify the 132
sex of any individual who submits such evidence as intersex on such 133
individual's license. As used in this section, "intersex" means a 134
condition in which an individual is born with a reproductive or sexual 135
anatomy or chromosome pattern that does not fit the typical definition 136
of male or female. 137
Sec. 4. Subsection (a) of section 7-48 of the general statutes is 138
repealed and the following is substituted in lieu thereof (Effective 139
October 1, 2019): 140
(a) Not later than ten days after each live birth which occurs in this 141 Substitute Bill No. 388
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state, a birth certificate shall be filed with the registrar of vital statistics 142
in the town in which the birth occurred and the certificate shall be 143
registered if properly filed, by manual or electronic systems as 144
prescribed by the commissioner. [On and after January 1, 1994, each] 145
Each hospital with two hundred or more live births in any calendar 146
year [1990, or any subsequent calendar year,] shall electronically 147
transmit birth information data to the department in a computer 148
format approved by the department. Each birth certificate shall contain 149
such information as the department may require and shall be 150
completed in its entirety. The department shall accept evidence of a 151
child's intersex characteristics, in a form and manner prescribed by the 152
commissioner, and allow for the specification of the child's sex as 153
intersex on the child's birth certificate. Medical and health information 154
which is required by the department, including information regarding 155
voluntary acknowledgments of paternity and whether the child was 156
born out of wedlock, shall be recorded on a confidential portion of the 157
certificate to be sent directly to the department. Such confidential 158
records may be used for statistical and health purposes by the 159
department or by a local director of health, as authorized by the 160
department, for records related to the town served by the local director 161
of health and where the mother was a resident at the time of the birth 162
of the child. Such birth certificate and confidential records may be used 163
internally by the hospital for records transmitted by the hospital for 164
statistical, health and quality assurance purposes. The department 165
shall give due consideration to national uniformity in vital statistics in 166
prescribing the format and content of such certificate. As used in this 167
subsection, "intersex" means a condition in which an individual is born 168
with a reproductive or sexual anatomy or chromosome pattern that 169
does not fit the typical definition of male or female. 170
Sec. 5. Section 19a-42 of the general statutes is repealed and the 171
following is substituted in lieu thereof (Effective October 1, 2019): 172
(a) To protect the integrity and accuracy of vital records, a certificate 173
registered under chapter 93 may be amended only in accordance with 174 Substitute Bill No. 388
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sections 19a-41 to 19a-45, inclusive, chapter 93, regulations adopted by 175
the Commissioner of Public Health pursuant to chapter 54 and 176
uniform procedures prescribed by the commissioner. Only the 177
commissioner may amend birth certificates to reflect changes 178
concerning parentage, [or] gender change or change in designation of 179
sex by an intersex person. Amendments related to parentage, [or] 180
gender change or change in designation of sex by an intersex person 181
shall result in the creation of a replacement certificate that supersedes 182
the original, and shall in no way reveal the original language changed 183
by the amendment. Any amendment to a vital record made by the 184
registrar of vital statistics of the town in which the vital event occurred 185
or by the commissioner shall be in accordance with such regulations 186
and uniform procedures. 187
(b) The commissioner and the registrar of vital statistics shall 188
maintain sufficient documentation, as prescribed by the commissioner, 189
to support amendments and shall ensure the confidentiality of such 190
documentation as required by law. The date of amendment and a 191
summary description of the evidence submitted in support of the 192
amendment shall be endorsed on or made part of the record and the 193
original certificate shall be marked "Amended", except for 194
amendments due to parentage, [or] gender change or change in 195
designation of sex by an intersex person. When the registrar of the 196
town in which the vital event occurred amends a certificate, such 197
registrar shall, within ten days of making such amendment, forward 198
an amended certificate to the commissioner and to any registrar 199
having a copy of the certificate. When the commissioner amends a 200
birth certificate, including changes due to parentage, [or] gender 201
change or designation of sex by an intersex person, the commissioner 202
shall forward an amended certificate to the registrars of vital statistics 203
affected and their records shall be amended accordingly. 204
(c) An amended certificate shall supersede the original certificate 205
that has been changed and shall be marked "Amended", except for 206
amendments due to parentage, [or] gender change or designation of 207 Substitute Bill No. 388
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sex by an intersex person. The original certificate in the case of 208
parentage or gender change shall be physically or electronically sealed 209
and kept in a confidential file by the department and the registrar of 210
any town in which the birth was recorded, and may be unsealed for 211
issuance only as provided in section 7-53 or upon a written order of a 212
court of competent jurisdiction. The amended certificate shall become 213
the official record. 214
(d) (1) Upon receipt of (A) an acknowledgment of paternity 215
executed in accordance with the provisions of subsection (a) of section 216
46b-172 by both parents of a child born out of wedlock, or (B) a 217
certified copy of an order of a court of competent jurisdiction 218
establishing the paternity of a child born out of wedlock, the 219
commissioner shall include on or amend, as appropriate, such child's 220
birth certificate to show such paternity if paternity is not already 221
shown on such birth certificate and to change the name of the child 222
under eighteen years of age if so indicated on the acknowledgment of 223
paternity form or within the certified court order as part of the 224
paternity action. If a person who is the subject of a voluntary 225
acknowledgment of paternity, as described in this subdivision, is 226
eighteen years of age or older, the commissioner shall obtain a 227
notarized affidavit from such person affirming that he or she agrees to 228
the commissioner's amendment of such person's birth certificate as 229
such amendment relates to the acknowledgment of paternity. The 230
commissioner shall amend the birth certificate for an adult child to 231
change his or her name only pursuant to a court order. 232
(2) If another father is listed on the birth certificate, the 233
commissioner shall not remove or replace the father's information 234
unless presented with a certified court order that meets the 235
requirements specified in section 7-50, or upon the proper filing of a 236
rescission, in accordance with the provisions of section 46b-172. The 237
commissioner shall thereafter amend such child's birth certificate to 238
remove or change the father's name and to change the name of the 239
child, as requested at the time of the filing of a rescission, in 240 Substitute Bill No. 388
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accordance with the provisions of section 46b-172. Birth certificates 241
amended under this subsection shall not be marked "Amended". 242
(e) When the parent or parents of a child request the amendment of 243
the child's birth certificate to reflect a new mother's name because the 244
name on the original certificate is fictitious, such parent or parents 245
shall obtain an order of a court of competent jurisdiction declaring the 246
putative mother to be the child's mother. Upon receipt of a certified 247
copy of such order, the department shall amend the child's birth 248
certificate to reflect the mother's true name. 249
(f) Upon receipt of a certified copy of an order of a court of 250
competent jurisdiction changing the name of a person born in this state 251
and upon request of such person or such person's parents, guardian, or 252
legal representative, the commissioner or the registrar of vital statistics 253
of the town in which the vital event occurred shall amend the birth 254
certificate to show the new name by a method prescribed by the 255
department. 256
(g) When an applicant submits the documentation required by the 257
regulations to amend a vital record, the commissioner shall hold a 258
hearing, in accordance with chapter 54, if the commissioner has 259
reasonable cause to doubt the validity or adequacy of such 260
documentation. 261
(h) When an amendment under this section involves the changing of 262
existing language on a death certificate due to an error pertaining to 263
the cause of death, the death certificate shall be amended in such a 264
manner that the original language is still visible. A copy of the death 265
certificate shall be made. The original death certificate shall be sealed 266
and kept in a confidential file at the department and only the 267
commissioner may order it unsealed. The copy shall be amended in 268
such a manner that the language to be changed is no longer visible. 269
The copy shall be a public document. 270
(i) The commissioner shall issue a new birth certificate to reflect a 271 Substitute Bill No. 388
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gender change upon receipt of the following documents submitted in 272
the form and manner prescribed by the commissioner: (1) A written 273
request from the applicant, signed under penalty of law, for a 274
replacement birth certificate to reflect that the applicant's gender 275
differs from the sex designated on the original birth certificate; (2) a 276
notarized affidavit by a physician licensed pursuant to chapter 370 or 277
holding a current license in good standing in another state, an 278
advanced practice registered nurse licensed pursuant to chapter 378 or 279
holding a current license in good standing in another state, or a 280
psychologist licensed pursuant to chapter 383 or holding a current 281
license in good standing in another state, stating that the applicant has 282
undergone surgical, hormonal or other treatment clinically appropriate 283
for the applicant for the purpose of gender transition; and (3) if an 284
applicant is also requesting a change of name listed on the original 285
birth certificate, proof of a legal name change. The new birth certificate 286
shall reflect the new gender identity by way of a change in the sex 287
designation on the original birth certificate and, if applicable, the legal 288
name change. 289
(j) The commissioner shall issue a new birth certificate to reflect a 290
change in designation of sex by a person as an intersex person upon 291
receipt of the following documents submitted in the form and manner 292
prescribed by the commissioner: (1) A written request from the 293
applicant, signed under penalty of law, for a replacement birth 294
certificate to reflect that the applicant seeks to change the designation 295
of sex on the original birth certificate; (2) a notarized affidavit by a 296
physician licensed pursuant to chapter 370 or holding a current license 297
in good standing in another state, an advanced practice registered 298
nurse licensed pursuant to chapter 378 or holding a current license in 299
good standing in another state, or a psychologist licensed pursuant to 300
chapter 383 or holding a current license in good standing in another 301
state, stating that the applicant has intersex characteristics; and (3) if an 302
applicant is also requesting a change of name listed on the original 303
birth certificate, proof of a legal name change. The new birth certificate 304
shall reflect the newly designated sex by way of a change in the sex 305 Substitute Bill No. 388
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designation on the original birth certificate and, if applicable, the legal 306
name change. 307
Sec. 6. (NEW) (Effective October 1, 2019) An agency, as defined in 308
section 1-200 of the general statutes, that requires a person to identify 309
the person's sex for any reason shall accept as proof of the person's 310
identification as intersex an identity card or motor vehicle operator's 311
license issued by the Department of Motor Vehicles or a birth 312
certificate issued by the Department of Public Health or a registrar of 313
vital statistics and shall specify the person's sex as intersex on any 314
documentation generated by such agency on which the sex of the 315
person is identified. For purposes of this section, "intersex" means a 316
condition in which an individual is born with a reproductive or sexual 317
anatomy or chromosome pattern that does not fit the typical 318
definitions of male or female. 319
Sec. 7. (Effective from passage) (a) There is established a task force to 320
study the circumstances in which a surgery related to a person's 321
intersex status is medically necessary. 322
(b) The task force shall consist of the following members: 323
(1) Two appointed by the speaker of the House of Representatives; 324
(2) Two appointed by the president pro tempore of the Senate; 325
(3) One appointed by the majority leader of the House of 326
Representatives; 327
(4) One appointed by the majority leader of the Senate; 328
(5) One appointed by the minority leader of the House of 329
Representatives; and 330
(6) One appointed by the minority leader of the Senate; 331
(c) Any member of the task force appointed under subsection (b) of 332
this section may be a member of the General Assembly. 333 Substitute Bill No. 388
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(d) All appointments to the task force shall be made not later than 334
thirty days after the effective date of this section. Any vacancy shall be 335
filled by the appointing authority. 336
(e) The speaker of the House of Representatives and the president 337
pro tempore of the Senate shall select the chairpersons of the task force 338
from among the members of the task force. Such chairpersons shall 339
schedule the first meeting of the task force, which shall be held not 340
later than sixty days after the effective date of this section. 341
(f) The administrative staff of the joint standing committee of the 342
General Assembly having cognizance of matters relating to public 343
health shall serve as administrative staff of the task force. 344
(g) Not later than January 1, 2020, the task force shall submit a 345
report on its findings and recommendations to the joint standing 346
committee of the General Assembly having cognizance of matters 347
relating to public health, in accordance with the provisions of section 348
11-4a of the general statutes. The task force shall terminate on the date 349
that it submits such report or January 1, 2020, whichever is later. 350
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 46a-51
Sec. 2 October 1, 2019 1-1h(a)
Sec. 3 October 1, 2019 New section
Sec. 4 October 1, 2019 7-48(a)
Sec. 5 October 1, 2019 19a-42
Sec. 6 October 1, 2019 New section
Sec. 7 from passage New section
Statement of Legislative Commissioners:
In Section 6, "such department or agency" was changed to "such
agency" for internal consistency.
PH Joint Favorable Subst.