LCO No. 4963 1 of 9
General Assembly Committee Bill No. 5654
January Session, 2021
LCO No. 4963
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
AN ACT CONCERNING TH E UPDATING OF STATE FORMS,
APPLICATIONS AND MET HODS OF IDENTIFICATION TO INCLUDE A
NONBINARY GENDER OPT ION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective January 1, 2022) (a) As used in this section, 1
"state agency" means any department, board, council, commission, 2
institution or other executive branch agency of state government, 3
including, but not limited to, each constituent unit, public institution of 4
higher education and technical education and career school, but does 5
not include any health care facility, as defined in section 19a-630 of the 6
general statutes, that is operated by the state. Each state agency shall 7
update all printed and electronic forms and applications used by the 8
public that require the individual who is filling out such form or 9
application to indicate a sex or gender to include a nonbinary sex or 10
gender option, which shall be an "X" in lieu of the options for indicating 11
as male or female. Each such agency may use any forms or applications 12
printed prior to January 1, 2022, prior to using such updated forms and 13
applications. 14
Committee Bill No. 5654
LCO No. 4963 2 of 9
(b) Any state agency issuing a certificate, registration, card or other 15
document that specifies sex or gender to an individual who has 16
indicated a nonbinary sex or gender on a form or application of such 17
agency under subsection (a) of this section, shall indicate such 18
nonbinary sex or gender on such certificate, registration, card or other 19
document using the method described in subsection (a) of this section. 20
(c) Any state agency sending an electronic or mailed notification, 21
correspondence or other written communication to an individual who 22
has indicated a nonbinary sex or gender on a form or application of such 23
agency under subsection (a) of this section, shall not use a title prefixing 24
such individual's name within such notification, correspondence or 25
communication, including, but not limited to, to address such 26
notification, correspondence or communication. 27
(d) The provisions of this section shall not apply to the Department 28
of Motor Vehicles until the department develops the technological 29
capability to process applications for and to issue identity cards, 30
permits, motor vehicle operator's licenses or commercial driver's 31
licenses containing such nonbinary sex or gender indication. 32
Sec. 2. Subdivision (1) of subsection (b) of section 1-1h of the general 33
statutes is repealed and the following is substituted in lieu thereof 34
(Effective January 1, 2022): 35
(b) (1) An identity card shall indicate its date of expiration, contain a 36
picture of the applicant and specify the applicant's height, sex and eye 37
color. Once the department develops the technological capability to 38
process applications for and to issue an identity card that indicates a 39
nonbinary sex or gender as described in section 1 of this act, the 40
department shall issue an identity card containing such indication to 41
any applicant who has indicated a nonbinary sex or gender on the 42
application for such card. Until such time as the department develops 43
such capability, applicants for an identity card may only indicate as 44
male or female on the application. 45
Committee Bill No. 5654
LCO No. 4963 3 of 9
Sec. 3. Subsections (f) to (j), inclusive, of section 14-36 of the general 46
statutes are repealed and the following is substituted in lieu thereof 47
(Effective January 1, 2022): 48
(f) Once the Department of Motor Vehicles develops the 49
technological capability to process applications for and to issue a motor 50
vehicle operator's license indicating a nonbinary sex or gender as 51
described in section 1 of this act, the department shall issue a motor 52
vehicle operator's license containing such indication to any applicant 53
who has indicated a nonbinary sex or gender on the application for such 54
license. Until such time as the department develops such capability, 55
applicants for a motor vehicle operator's license card may only indicate 56
as male or female on the application. 57
[(f)] (g) No person issued a limited license shall operate (1) a motor 58
vehicle in violation of the limitations imposed by such license, or (2) any 59
motor vehicle other than the motor vehicle for which such person's right 60
to operate is limited. 61
[(g)] (h) The commissioner may place a restriction on the motor 62
vehicle operator's license of any person or on any special operator's 63
permit issued to any person in accordance with the provisions of section 64
14-37a that restricts the holder of such license or permit to the operation 65
of a motor vehicle that is equipped with an approved ignition interlock 66
device, as defined in section 14-227j, for such time as the commissioner 67
shall prescribe, if such person has: (1) Been convicted for a first or second 68
time of a violation of subdivision (2) of subsection (a) of section 14-227a, 69
and has served not less than forty-five days of the prescribed period of 70
suspension for such conviction, in accordance with the provisions of 71
subsections (g) and (i) of section 14-227a; (2) been ordered by the 72
Superior Court not to operate any motor vehicle unless it is equipped 73
with an approved ignition interlock device, in accordance with the 74
provisions of section 14-227j; (3) been granted a reversal or reduction of 75
such person's license suspension or revocation, in accordance with the 76
provisions of subsection (i) of section 14-111; (4) been issued a motor 77
Committee Bill No. 5654
LCO No. 4963 4 of 9
vehicle operator's license upon the surrender of an operator's license 78
issued by another state and such previously held license contains a 79
restriction to the operation of a motor vehicle equipped with an ignition 80
interlock device; (5) been convicted of a violation of section 53a-56b or 81
53a-60d; (6) been permitted by the commissioner to be issued or to retain 82
an operator's license subject to reporting requirements concerning such 83
person's physical condition, in accordance with the provisions of 84
subsection (e) of this section and sections 14-45a to 14-46g, inclusive; (7) 85
had such person's operator's license suspended under subsection (i) of 86
section 14-227b and has served not less than forty-five days of the 87
prescribed period of such suspension; (8) been convicted for a first or 88
second time of a violation of subsection (a) of section 14-227m and has 89
served not less than forty-five days of the prescribed period of 90
suspension for such conviction, in accordance with the provisions of 91
subsection (c) of section 14-227m and subsection (i) of section 14-227a; 92
or (9) been convicted of a violation of subdivision (1) or (2) of subsection 93
(a) of section 14-227n and has served not less than forty-five days of the 94
prescribed period of suspension for such conviction, in accordance with 95
the provisions of subsection (c) of section 14-227n and subsection (i) of 96
section 14-227a. 97
[(h)] (i) Before issuing a motor vehicle operator's license in 98
accordance with this section or section 14-44c, as amended by this act, 99
the commissioner shall request information from the National Driver 100
Registry and the Commercial Driver License Information System, in 101
accordance with the provisions of 49 CFR section 383.73. Each driving 102
history record shall contain a notation of the date on which such inquiry 103
was made. 104
[(i)] (j) (1) Any person who violates any provision of this section shall, 105
for a first offense, be deemed to have committed an infraction and be 106
fined not less than seventy-five dollars or more than ninety dollars and, 107
for any subsequent offense, shall be fined not less than two hundred 108
fifty dollars or more than three hundred fifty dollars or be imprisoned 109
not more than thirty days, or both. 110
Committee Bill No. 5654
LCO No. 4963 5 of 9
(2) In addition to the penalty prescribed under subdivision (1) of this 111
subsection, any person who violates any provision of this section who 112
(A) has, prior to the commission of the present violation, committed a 113
violation of this section or subsection (a) of section 14-215, shall be fined 114
not more than five hundred dollars or sentenced to perform not more 115
than one hundred hours of community service, or (B) has, prior to the 116
commission of the present violation, committed two or more violations 117
of this section or subsection (a) of section 14-215, or any combination 118
thereof, shall be sentenced to a term of imprisonment of one year, ninety 119
days of which may not be suspended or reduced in any manner. 120
[(j)] (k) The Commissioner of Motor Vehicles may adopt regulations, 121
in accordance with chapter 54, to implement the provisions of this 122
section. 123
Sec. 4. Subsection (f) of section 14-36h of the general statutes is 124
repealed and the following is substituted in lieu thereof (Effective January 125
1, 2022): 126
(f) As used in this section: (1) "Full legal name" means the most 127
complete version of the name that appears on a person's certificate of 128
birth, official passport or other document or documents accepted by the 129
Commissioner of Motor Vehicles to verify the person's identity, unless 130
the person presents a marriage license or certificate, a certificate of civil 131
union, a divorce decree or an order of a court of competent jurisdiction 132
pertaining to a permanent change of the person's name; [and] (2) 133
"gender" includes nonbinary sex or gender, once the Department of 134
Motor Vehicles develops the technological capability to so indicate; and 135
(3) "veteran" means (A) any person honorably discharged from, or 136
released under honorable conditions from active service in, the armed 137
forces, as defined in section 27-103, (B) any former member of the armed 138
forces who is entitled to retirement pay under 10 USC Chapter 1223, as 139
amended from time to time, or, but for age, would be so entitled, or (C) 140
any person with a qualifying condition, as defined in section 27-103, 141
who has received a discharge other than bad conduct or dishonorable 142
Committee Bill No. 5654
LCO No. 4963 6 of 9
from active service in the armed forces. 143
Sec. 5. Section 14-44c of the general statutes is repealed and the 144
following is substituted in lieu thereof (Effective January 1, 2022): 145
(a) The application for a commercial driver's license or commercial 146
driver's instruction permit, shall include the following: 147
(1) The full name and current mailing and residence address of the 148
person; 149
(2) A physical description of the person, including sex, height and eye 150
color; 151
(3) Date of birth; 152
(4) The applicant's Social Security number; 153
(5) The person's statement, under oath, that such person meets the 154
physical qualification standards set forth in 49 CFR 391, as amended 155
from time to time; 156
(6) The person's statement, under oath, that the type of vehicle in 157
which the person has taken or intends to take the driving skills test is 158
representative of the type of motor vehicle the person operates or 159
intends to operate; 160
(7) The person's statement, under oath, that such person is not subject 161
to disqualification, suspension, revocation or cancellation of operating 162
privileges in any state, and that he or she does not hold an operator's 163
license in any other state; 164
(8) The person's identification of all states in which such person has 165
been licensed to drive any type of motor vehicle during the last ten 166
years, and the person's statement, under oath that he or she does not 167
hold an operator's license in any other state; and 168
(9) The person's signature, and certification of the accuracy and 169
Committee Bill No. 5654
LCO No. 4963 7 of 9
completeness of the application, subject to the penalties of false 170
statement under section 53a-157b. The application shall be accompanied 171
by the fee prescribed in section 14-44h. 172
(b) Once the Department of Motor Vehicles develops the 173
technological capability to process applications for and to issue a 174
commercial driver's license or commercial driver's instruction permit 175
indicating a nonbinary sex or gender as described in section 1 of this act, 176
the department shall issue a commercial driver's license or commercial 177
driver's instruction permit containing such indication to any applicant 178
who has indicated a nonbinary sex or gender on the application for such 179
license or permit. Until such time as the department develops such 180
capability, applicants for a commercial driver's license or commercial 181
driver's instruction permit may only indicate as male or female on the 182
application. 183
[(b)] (c) No person who has been a resident of this state for thirty days 184
may drive a commercial motor vehicle under the authority of a 185
commercial driver's license issued by another jurisdiction. 186
[(c)] (d) At the time of application for a commercial driver's license, 187
the applicant shall make the applicable certification, as required by 49 188
CFR 383.71(b), regarding the type of commerce in which such person 189
shall engage. No commercial driver's license shall be issued to a person 190
who fails to make such certification. 191
[(d)] (e) In addition to other penalties provided by law, any person 192
who knowingly falsifies information or certifications required under 193
subsection (a) of this section shall have such person's operator's license 194
or privilege to operate a motor vehicle in this state suspended for sixty 195
days. 196
Sec. 6. Subsection (b) of section 14-44e of the general statutes is 197
repealed and the following is substituted in lieu thereof (Effective January 198
1, 2022): 199
Committee Bill No. 5654
LCO No. 4963 8 of 9
(b) The commissioner shall not issue a commercial driver's license or 200
a commercial driver's instruction permit to any applicant who does not 201
meet the physical qualification standards set forth in 49 CFR 391, as 202
amended from time to time. As required by 49 CFR 383.71(h), each 203
applicant for a commercial driver's license or commercial driver's 204
instruction permit shall provide to the commissioner a copy of a medical 205
examiner's certificate, prepared by a medical examiner, as defined in 49 206
CFR 390.5, indicating that such applicant is medically certified to 207
operate a commercial motor vehicle. For each applicant who has 208
submitted such medical certification and who has also certified, in 209
accordance with 49 CFR 383.71(b) and subsection [(c)] (d) of section 14-210
44c, as amended by this act, that such applicant operates in nonexcepted 211
interstate commerce, the commissioner shall post a medical certification 212
status of "certified" on the Commercial Driver's License Information 213
System driver record for such applicant. The holder of a commercial 214
driver's license who has not been examined and certified as qualified to 215
operate a commercial motor vehicle during the preceding twenty-four 216
months, or a shorter period as indicated by the medical examiner 217
submitting such certificate, shall be required to submit a new medical 218
certificate. The commissioner shall not issue a commercial driver's 219
license or commercial driver's instruction permit to any applicant or 220
holder who fails to submit the medical certification required by this 221
section. If the holder of a commercial driver's license or commercial 222
driver's instruction permit fails to submit a new medical examiner's 223
certificate before the expiration of twenty-four months or the period 224
specified by the medical examiner, whichever is shorter, the 225
commissioner shall, not later than sixty days after the date that such 226
holder's medical status becomes uncertified: (1) Downgrade the 227
commercial driver's license to a Class D operator's license; or (2) cancel 228
the commercial driver's instruction permit. Any applicant or holder who 229
is denied a commercial driver's license or a commercial driver's 230
instruction permit, or whose license or permit is disqualified, 231
suspended, revoked or cancelled pursuant to this subsection shall be 232
granted an opportunity for a hearing in accordance with the provisions 233
Committee Bill No. 5654
LCO No. 4963 9 of 9
of chapter 54. 234
This act shall take effect as follows and shall amend the following
sections:
Section 1 January 1, 2022 New section
Sec. 2 January 1, 2022 1-1h(b)(1)
Sec. 3 January 1, 2022 14-36(f) to (j)
Sec. 4 January 1, 2022 14-36h(f)
Sec. 5 January 1, 2022 14-44c
Sec. 6 January 1, 2022 14-44e(b)
Statement of Purpose:
To require all state agency forms, applications and methods of
identification to be updated with a nonbinary gender option.
[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.]
Co-Sponsors: REP. MICHEL, 146th Dist.; REP. CURREY, 11th Dist.
REP. WINKLER, 56th Dist.; REP. HENNESSY, 127th Dist.
H.B. 5654