Connecticut 2021 Regular Session

Connecticut House Bill HB05654 Compare Versions

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7		-	General Assembly Substitute Bill No. 5654
8		-	January Session, 2021
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	5	+	LCO No. 4963 1 of 9
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14		-	AN ACT CONCERNING AN ASSESSMENT OF THE U PDATING OF
15		-	STATE FORMS, APPLICA TIONS AND METHODS OF IDENTIFICATION
16		-	TO INCLUDE A NONBINA RY GENDER OPTION.
	7	+
	8	+	General Assembly Committee Bill No. 5654
	9	+	January Session, 2021
	10	+	LCO No. 4963
	11	+
	12	+
	13	+	Referred to Committee on GOVERNMENT ADMINISTRATION
	14	+	AND ELECTIONS
	15	+
	16	+
	17	+	Introduced by:
	18	+	(GAE)
	19	+
	20	+
	21	+
	22	+	AN ACT CONCERNING TH E UPDATING OF STATE FORMS,
	23	+	APPLICATIONS AND MET HODS OF IDENTIFICATION TO INCLUDE A
	24	+	NONBINARY GENDER OPT ION.
17	25		Be it enacted by the Senate and House of Representatives in General
18	26		Assembly convened:
19	27
20		-	Section 1. (Effective ~~from passage~~) (a) As used in this section, ~~"state~~ 1
21		-	agency" means any department, board, council, commission, ~~institution~~ 2
22		-	or other executive branch agency of state government, ~~including, but~~ 3
23		-	not limited to, each constituent unit, public institution of ~~higher~~ 4
24		-	education and technical education and career school, but does ~~not~~ 5
25		-	include any health care facility, as defined in section 19a-630 of the 6
	28	+	Section 1. (NEW) (Effective January 1, 2022) (a) As used in this section, 1
	29	+	"state agency" means any department, board, council, commission, 2
	30	+	institution or other executive branch agency of state government, 3
	31	+	including, but not limited to, each constituent unit, public institution of 4
	32	+	higher education and technical education and career school, but does 5
	33	+	not include any health care facility, as defined in section 19a-630 of the 6
26	34		general statutes, that is operated by the state. Each state agency shall 7
27		-	assess its ability to update all printed and electronic forms and 8
28		-	applications used by the public that require the individual who is filling 9
29		-	out such form or application to indicate a sex or gender to include a 10
30		-	nonbinary sex or gender option, which shall be an "X" in lieu of the 11
31		-	options for indicating as male or female. 12
32		-	(b) Not later than January 1, 2022, each such state agency shall submit 13
33		-	the results of the assessment conducted under subsection (a) of this 14
34		-	section to the joint standing committee of the General Assembly having 15
35		-	cognizance of matters relating to such agency, in accordance with the 16
36		-	provisions of section 11-4a of the general statutes.17 Substitute Bill No. 5654
	35	+	update all printed and electronic forms and applications used by the 8
	36	+	public that require the individual who is filling out such form or 9
	37	+	application to indicate a sex or gender to include a nonbinary sex or 10
	38	+	gender option, which shall be an "X" in lieu of the options for indicating 11
	39	+	as male or female. Each such agency may use any forms or applications 12
	40	+	printed prior to January 1, 2022, prior to using such updated forms and 13
	41	+	applications. 14
	42	+	Committee Bill No. 5654
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	45	+	LCO No. 4963 2 of 9
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	47	+	(b) Any state agency issuing a certificate, registration, card or other 15
	48	+	document that specifies sex or gender to an individual who has 16
	49	+	indicated a nonbinary sex or gender on a form or application of such 17
	50	+	agency under subsection (a) of this section, shall indicate such 18
	51	+	nonbinary sex or gender on such certificate, registration, card or other 19
	52	+	document using the method described in subsection (a) of this section. 20
	53	+	(c) Any state agency sending an electronic or mailed notification, 21
	54	+	correspondence or other written communication to an individual who 22
	55	+	has indicated a nonbinary sex or gender on a form or application of such 23
	56	+	agency under subsection (a) of this section, shall not use a title prefixing 24
	57	+	such individual's name within such notification, correspondence or 25
	58	+	communication, including, but not limited to, to address such 26
	59	+	notification, correspondence or communication. 27
	60	+	(d) The provisions of this section shall not apply to the Department 28
	61	+	of Motor Vehicles until the department develops the technological 29
	62	+	capability to process applications for and to issue identity cards, 30
	63	+	permits, motor vehicle operator's licenses or commercial driver's 31
	64	+	licenses containing such nonbinary sex or gender indication. 32
	65	+	Sec. 2. Subdivision (1) of subsection (b) of section 1-1h of the general 33
	66	+	statutes is repealed and the following is substituted in lieu thereof 34
	67	+	(Effective January 1, 2022): 35
	68	+	(b) (1) An identity card shall indicate its date of expiration, contain a 36
	69	+	picture of the applicant and specify the applicant's height, sex and eye 37
	70	+	color. Once the department develops the technological capability to 38
	71	+	process applications for and to issue an identity card that indicates a 39
	72	+	nonbinary sex or gender as described in section 1 of this act, the 40
	73	+	department shall issue an identity card containing such indication to 41
	74	+	any applicant who has indicated a nonbinary sex or gender on the 42
	75	+	application for such card. Until such time as the department develops 43
	76	+	such capability, applicants for an identity card may only indicate as 44
	77	+	male or female on the application. 45
	78	+	Committee Bill No. 5654
	79	+
	80	+
	81	+	LCO No. 4963 3 of 9
	82	+
	83	+	Sec. 3. Subsections (f) to (j), inclusive, of section 14-36 of the general 46
	84	+	statutes are repealed and the following is substituted in lieu thereof 47
	85	+	(Effective January 1, 2022): 48
	86	+	(f) Once the Department of Motor Vehicles develops the 49
	87	+	technological capability to process applications for and to issue a motor 50
	88	+	vehicle operator's license indicating a nonbinary sex or gender as 51
	89	+	described in section 1 of this act, the department shall issue a motor 52
	90	+	vehicle operator's license containing such indication to any applicant 53
	91	+	who has indicated a nonbinary sex or gender on the application for such 54
	92	+	license. Until such time as the department develops such capability, 55
	93	+	applicants for a motor vehicle operator's license card may only indicate 56
	94	+	as male or female on the application. 57
	95	+	[(f)] (g) No person issued a limited license shall operate (1) a motor 58
	96	+	vehicle in violation of the limitations imposed by such license, or (2) any 59
	97	+	motor vehicle other than the motor vehicle for which such person's right 60
	98	+	to operate is limited. 61
	99	+	[(g)] (h) The commissioner may place a restriction on the motor 62
	100	+	vehicle operator's license of any person or on any special operator's 63
	101	+	permit issued to any person in accordance with the provisions of section 64
	102	+	14-37a that restricts the holder of such license or permit to the operation 65
	103	+	of a motor vehicle that is equipped with an approved ignition interlock 66
	104	+	device, as defined in section 14-227j, for such time as the commissioner 67
	105	+	shall prescribe, if such person has: (1) Been convicted for a first or second 68
	106	+	time of a violation of subdivision (2) of subsection (a) of section 14-227a, 69
	107	+	and has served not less than forty-five days of the prescribed period of 70
	108	+	suspension for such conviction, in accordance with the provisions of 71
	109	+	subsections (g) and (i) of section 14-227a; (2) been ordered by the 72
	110	+	Superior Court not to operate any motor vehicle unless it is equipped 73
	111	+	with an approved ignition interlock device, in accordance with the 74
	112	+	provisions of section 14-227j; (3) been granted a reversal or reduction of 75
	113	+	such person's license suspension or revocation, in accordance with the 76
	114	+	provisions of subsection (i) of section 14-111; (4) been issued a motor 77
	115	+	Committee Bill No. 5654
	116	+
	117	+
	118	+	LCO No. 4963 4 of 9
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	120	+	vehicle operator's license upon the surrender of an operator's license 78
	121	+	issued by another state and such previously held license contains a 79
	122	+	restriction to the operation of a motor vehicle equipped with an ignition 80
	123	+	interlock device; (5) been convicted of a violation of section 53a-56b or 81
	124	+	53a-60d; (6) been permitted by the commissioner to be issued or to retain 82
	125	+	an operator's license subject to reporting requirements concerning such 83
	126	+	person's physical condition, in accordance with the provisions of 84
	127	+	subsection (e) of this section and sections 14-45a to 14-46g, inclusive; (7) 85
	128	+	had such person's operator's license suspended under subsection (i) of 86
	129	+	section 14-227b and has served not less than forty-five days of the 87
	130	+	prescribed period of such suspension; (8) been convicted for a first or 88
	131	+	second time of a violation of subsection (a) of section 14-227m and has 89
	132	+	served not less than forty-five days of the prescribed period of 90
	133	+	suspension for such conviction, in accordance with the provisions of 91
	134	+	subsection (c) of section 14-227m and subsection (i) of section 14-227a; 92
	135	+	or (9) been convicted of a violation of subdivision (1) or (2) of subsection 93
	136	+	(a) of section 14-227n and has served not less than forty-five days of the 94
	137	+	prescribed period of suspension for such conviction, in accordance with 95
	138	+	the provisions of subsection (c) of section 14-227n and subsection (i) of 96
	139	+	section 14-227a. 97
	140	+	[(h)] (i) Before issuing a motor vehicle operator's license in 98
	141	+	accordance with this section or section 14-44c, as amended by this act, 99
	142	+	the commissioner shall request information from the National Driver 100
	143	+	Registry and the Commercial Driver License Information System, in 101
	144	+	accordance with the provisions of 49 CFR section 383.73. Each driving 102
	145	+	history record shall contain a notation of the date on which such inquiry 103
	146	+	was made. 104
	147	+	[(i)] (j) (1) Any person who violates any provision of this section shall, 105
	148	+	for a first offense, be deemed to have committed an infraction and be 106
	149	+	fined not less than seventy-five dollars or more than ninety dollars and, 107
	150	+	for any subsequent offense, shall be fined not less than two hundred 108
	151	+	fifty dollars or more than three hundred fifty dollars or be imprisoned 109
	152	+	not more than thirty days, or both. 110
	153	+	Committee Bill No. 5654
	154	+
	155	+
	156	+	LCO No. 4963 5 of 9
	157	+
	158	+	(2) In addition to the penalty prescribed under subdivision (1) of this 111
	159	+	subsection, any person who violates any provision of this section who 112
	160	+	(A) has, prior to the commission of the present violation, committed a 113
	161	+	violation of this section or subsection (a) of section 14-215, shall be fined 114
	162	+	not more than five hundred dollars or sentenced to perform not more 115
	163	+	than one hundred hours of community service, or (B) has, prior to the 116
	164	+	commission of the present violation, committed two or more violations 117
	165	+	of this section or subsection (a) of section 14-215, or any combination 118
	166	+	thereof, shall be sentenced to a term of imprisonment of one year, ninety 119
	167	+	days of which may not be suspended or reduced in any manner. 120
	168	+	[(j)] (k) The Commissioner of Motor Vehicles may adopt regulations, 121
	169	+	in accordance with chapter 54, to implement the provisions of this 122
	170	+	section. 123
	171	+	Sec. 4. Subsection (f) of section 14-36h of the general statutes is 124
	172	+	repealed and the following is substituted in lieu thereof (Effective January 125
	173	+	1, 2022): 126
	174	+	(f) As used in this section: (1) "Full legal name" means the most 127
	175	+	complete version of the name that appears on a person's certificate of 128
	176	+	birth, official passport or other document or documents accepted by the 129
	177	+	Commissioner of Motor Vehicles to verify the person's identity, unless 130
	178	+	the person presents a marriage license or certificate, a certificate of civil 131
	179	+	union, a divorce decree or an order of a court of competent jurisdiction 132
	180	+	pertaining to a permanent change of the person's name; [and] (2) 133
	181	+	"gender" includes nonbinary sex or gender, once the Department of 134
	182	+	Motor Vehicles develops the technological capability to so indicate; and 135
	183	+	(3) "veteran" means (A) any person honorably discharged from, or 136
	184	+	released under honorable conditions from active service in, the armed 137
	185	+	forces, as defined in section 27-103, (B) any former member of the armed 138
	186	+	forces who is entitled to retirement pay under 10 USC Chapter 1223, as 139
	187	+	amended from time to time, or, but for age, would be so entitled, or (C) 140
	188	+	any person with a qualifying condition, as defined in section 27-103, 141
	189	+	who has received a discharge other than bad conduct or dishonorable 142
	190	+	Committee Bill No. 5654
	191	+
	192	+
	193	+	LCO No. 4963 6 of 9
	194	+
	195	+	from active service in the armed forces. 143
	196	+	Sec. 5. Section 14-44c of the general statutes is repealed and the 144
	197	+	following is substituted in lieu thereof (Effective January 1, 2022): 145
	198	+	(a) The application for a commercial driver's license or commercial 146
	199	+	driver's instruction permit, shall include the following: 147
	200	+	(1) The full name and current mailing and residence address of the 148
	201	+	person; 149
	202	+	(2) A physical description of the person, including sex, height and eye 150
	203	+	color; 151
	204	+	(3) Date of birth; 152
	205	+	(4) The applicant's Social Security number; 153
	206	+	(5) The person's statement, under oath, that such person meets the 154
	207	+	physical qualification standards set forth in 49 CFR 391, as amended 155
	208	+	from time to time; 156
	209	+	(6) The person's statement, under oath, that the type of vehicle in 157
	210	+	which the person has taken or intends to take the driving skills test is 158
	211	+	representative of the type of motor vehicle the person operates or 159
	212	+	intends to operate; 160
	213	+	(7) The person's statement, under oath, that such person is not subject 161
	214	+	to disqualification, suspension, revocation or cancellation of operating 162
	215	+	privileges in any state, and that he or she does not hold an operator's 163
	216	+	license in any other state; 164
	217	+	(8) The person's identification of all states in which such person has 165
	218	+	been licensed to drive any type of motor vehicle during the last ten 166
	219	+	years, and the person's statement, under oath that he or she does not 167
	220	+	hold an operator's license in any other state; and 168
	221	+	(9) The person's signature, and certification of the accuracy and 169
	222	+	Committee Bill No. 5654
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	224	+
	225	+	LCO No. 4963 7 of 9
	226	+
	227	+	completeness of the application, subject to the penalties of false 170
	228	+	statement under section 53a-157b. The application shall be accompanied 171
	229	+	by the fee prescribed in section 14-44h. 172
	230	+	(b) Once the Department of Motor Vehicles develops the 173
	231	+	technological capability to process applications for and to issue a 174
	232	+	commercial driver's license or commercial driver's instruction permit 175
	233	+	indicating a nonbinary sex or gender as described in section 1 of this act, 176
	234	+	the department shall issue a commercial driver's license or commercial 177
	235	+	driver's instruction permit containing such indication to any applicant 178
	236	+	who has indicated a nonbinary sex or gender on the application for such 179
	237	+	license or permit. Until such time as the department develops such 180
	238	+	capability, applicants for a commercial driver's license or commercial 181
	239	+	driver's instruction permit may only indicate as male or female on the 182
	240	+	application. 183
	241	+	[(b)] (c) No person who has been a resident of this state for thirty days 184
	242	+	may drive a commercial motor vehicle under the authority of a 185
	243	+	commercial driver's license issued by another jurisdiction. 186
	244	+	[(c)] (d) At the time of application for a commercial driver's license, 187
	245	+	the applicant shall make the applicable certification, as required by 49 188
	246	+	CFR 383.71(b), regarding the type of commerce in which such person 189
	247	+	shall engage. No commercial driver's license shall be issued to a person 190
	248	+	who fails to make such certification. 191
	249	+	[(d)] (e) In addition to other penalties provided by law, any person 192
	250	+	who knowingly falsifies information or certifications required under 193
	251	+	subsection (a) of this section shall have such person's operator's license 194
	252	+	or privilege to operate a motor vehicle in this state suspended for sixty 195
	253	+	days. 196
	254	+	Sec. 6. Subsection (b) of section 14-44e of the general statutes is 197
	255	+	repealed and the following is substituted in lieu thereof (Effective January 198
	256	+	1, 2022): 199
	257	+	Committee Bill No. 5654
	258	+
	259	+
	260	+	LCO No. 4963 8 of 9
	261	+
	262	+	(b) The commissioner shall not issue a commercial driver's license or 200
	263	+	a commercial driver's instruction permit to any applicant who does not 201
	264	+	meet the physical qualification standards set forth in 49 CFR 391, as 202
	265	+	amended from time to time. As required by 49 CFR 383.71(h), each 203
	266	+	applicant for a commercial driver's license or commercial driver's 204
	267	+	instruction permit shall provide to the commissioner a copy of a medical 205
	268	+	examiner's certificate, prepared by a medical examiner, as defined in 49 206
	269	+	CFR 390.5, indicating that such applicant is medically certified to 207
	270	+	operate a commercial motor vehicle. For each applicant who has 208
	271	+	submitted such medical certification and who has also certified, in 209
	272	+	accordance with 49 CFR 383.71(b) and subsection [(c)] (d) of section 14-210
	273	+	44c, as amended by this act, that such applicant operates in nonexcepted 211
	274	+	interstate commerce, the commissioner shall post a medical certification 212
	275	+	status of "certified" on the Commercial Driver's License Information 213
	276	+	System driver record for such applicant. The holder of a commercial 214
	277	+	driver's license who has not been examined and certified as qualified to 215
	278	+	operate a commercial motor vehicle during the preceding twenty-four 216
	279	+	months, or a shorter period as indicated by the medical examiner 217
	280	+	submitting such certificate, shall be required to submit a new medical 218
	281	+	certificate. The commissioner shall not issue a commercial driver's 219
	282	+	license or commercial driver's instruction permit to any applicant or 220
	283	+	holder who fails to submit the medical certification required by this 221
	284	+	section. If the holder of a commercial driver's license or commercial 222
	285	+	driver's instruction permit fails to submit a new medical examiner's 223
	286	+	certificate before the expiration of twenty-four months or the period 224
	287	+	specified by the medical examiner, whichever is shorter, the 225
	288	+	commissioner shall, not later than sixty days after the date that such 226
	289	+	holder's medical status becomes uncertified: (1) Downgrade the 227
	290	+	commercial driver's license to a Class D operator's license; or (2) cancel 228
	291	+	the commercial driver's instruction permit. Any applicant or holder who 229
	292	+	is denied a commercial driver's license or a commercial driver's 230
	293	+	instruction permit, or whose license or permit is disqualified, 231
	294	+	suspended, revoked or cancelled pursuant to this subsection shall be 232
	295	+	granted an opportunity for a hearing in accordance with the provisions 233
	296	+	Committee Bill No. 5654
	297	+
	298	+
	299	+	LCO No. 4963 9 of 9
	300	+
	301	+	of chapter 54. 234
43	302		This act shall take effect as follows and shall amend the following
44	303		sections:
45	304
46		-	Section 1 from passage New section
	305	+	Section 1 January 1, 2022 New section
	306	+	Sec. 2 January 1, 2022 1-1h(b)(1)
	307	+	Sec. 3 January 1, 2022 14-36(f) to (j)
	308	+	Sec. 4 January 1, 2022 14-36h(f)
	309	+	Sec. 5 January 1, 2022 14-44c
	310	+	Sec. 6 January 1, 2022 14-44e(b)
47	311
48		-	GAE Joint Favorable Subst.
	312	+	Statement of Purpose:
	313	+	To require all state agency forms, applications and methods of
	314	+	identification to be updated with a nonbinary gender option.
	315	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	316	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	317	+	underlined.]
	318	+
	319	+	Co-Sponsors: REP. MICHEL, 146th Dist.; REP. CURREY, 11th Dist.
	320	+	REP. WINKLER, 56th Dist.; REP. HENNESSY, 127th Dist.
	321	+
	322	+	H.B. 5654
	323	+
49	324