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General Assembly Committee Bill No. 100
January Session, 2021
LCO No. 3924
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)
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 Section 46a-51 of the general statutes is repealed and the 1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, 2021): 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
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(5) "Court" means the Superior Court or any judge of said court; 14
(6) "Discrimination" includes segregation and separation; 15
(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, subparagraph (C) of subdivision (15) of section 46a-19
54, subdivisions (16) and (17) of section 46a-54, section 46a-58, 46a-59, 20
46a-60, 46a-64, 46a-64c, 46a-66, 46a-68, 46a-68c to 46a-68f, inclusive, or 21
46a-70 to 46a-78, inclusive, subsection (a) of section 46a-80 or sections 22
46a-81b to 46a-81o, inclusive; 23
(9) "Employee" means any person employed by an employer but shall 24
not include any individual employed by such individual's parents, 25
spouse or child; 26
(10) "Employer" includes the state and all political subdivisions 27
thereof and means any person or employer with three or more persons 28
in such person's or employer's employ; 29
(11) "Employment agency" means any person undertaking with or 30
without compensation to procure employees or opportunities to work; 31
(12) "Labor organization" means any organization which exists for the 32
purpose, in whole or in part, of collective bargaining or of dealing with 33
employers concerning grievances, terms or conditions of employment, 34
or of other mutual aid or protection in connection with employment; 35
(13) "Intellectual disability" means intellectual disability as defined in 36
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
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(15) "Physically disabled" refers to any individual who has any 42
chronic physical handicap, infirmity or impairment, whether congenital 43
or resulting from bodily injury, organic processes or changes or from 44
illness, including, but not limited to, epilepsy, deafness or being hard of 45
hearing or reliance on a wheelchair or other remedial appliance or 46
device; 47
(16) "Respondent" means any person alleged in a complaint filed 48
pursuant to section 46a-82 to have committed a discriminatory practice; 49
(17) "Discrimination on the basis of sex" includes but is not limited to 50
discrimination related to pregnancy, child-bearing capacity, 51
sterilization, fertility, intersex characteristics or related medical 52
conditions. As used in this subdivision, "intersex" means a condition in 53
which an individual is born with a reproductive or sexual anatomy or 54
chromosome pattern that does not fit the typical definition of male or 55
female; 56
(18) "Discrimination on the basis of religious creed" includes but is 57
not limited to discrimination related to all aspects of religious 58
observances and practice as well as belief, unless an employer 59
demonstrates that the employer is unable to reasonably accommodate 60
to an employee's or prospective employee's religious observance or 61
practice without undue hardship on the conduct of the employer's 62
business; 63
(19) "Learning disability" refers to an individual who exhibits a severe 64
discrepancy between educational performance and measured 65
intellectual ability and who exhibits a disorder in one or more of the 66
basic psychological processes involved in understanding or in using 67
language, spoken or written, which may manifest itself in a diminished 68
ability to listen, speak, read, write, spell or to do mathematical 69
calculations; 70
(20) "Mental disability" refers to an individual who has a record of, or 71
is regarded as having one or more mental disorders, as defined in the 72
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most recent edition of the American Psychiatric Association's 73
"Diagnostic and Statistical Manual of Mental Disorders"; and 74
(21) "Gender identity or expression" means a person's gender-related 75
identity, appearance or behavior, whether or not that gender-related 76
identity, appearance or behavior is different from that traditionally 77
associated with the person's physiology or assigned sex at birth, which 78
gender-related identity can be shown by providing evidence including, 79
but not limited to, medical history, care or treatment of the gender-80
related identity, consistent and uniform assertion of the gender-related 81
identity or any other evidence that the gender-related identity is 82
sincerely held, part of a person's core identity or not being asserted for 83
an improper purpose. 84
(22) "Veteran" means veteran as defined in subsection (a) of section 85
27-103. 86
Sec. 2. Subsection (a) of section 1-1h of the general statutes is repealed 87
and the following is substituted in lieu thereof (Effective October 1, 2021): 88
(a) Any person who does not possess a valid motor vehicle operator's 89
license may apply to the Department of Motor Vehicles for an identity 90
card. The application for an identity card shall be accompanied by the 91
birth certificate of the applicant or a certificate of identification of the 92
applicant issued and authorized for such use by the Department of 93
Correction and a fee of twenty-eight dollars. Such application shall 94
include: (1) The applicant's name; (2) the applicant's address; (3) 95
whether the address is permanent or temporary; (4) the applicant's date 96
of birth; (5) notice to the applicant that false statements on such 97
application are punishable under section 53a-157b; and (6) such other 98
pertinent information as the Commissioner of Motor Vehicles deems 99
necessary. An intersex applicant shall have the option of identifying the 100
applicant's sex as intersex. The commissioner shall accept as proof of 101
such applicant's identification as intersex, in a form and manner 102
prescribed by the commissioner, evidence of such applicant's intersex 103
characteristics and specify such applicant's sex as intersex on such 104
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applicant's identity card. The applicant shall sign the application in the 105
presence of an official of the Department of Motor Vehicles. The 106
commissioner may waive the fee for any applicant (A) who has 107
voluntarily surrendered such applicant's motor vehicle operator's 108
license, (B) whose license has been refused by the commissioner 109
pursuant to subdivision (4) of subsection (e) of section 14-36, (C) who is 110
both a veteran, as defined in subsection (a) of section 27-103, and blind, 111
as defined in subsection (a) of section 1-1f, or (D) who is a resident of a 112
homeless shelter or other facility for homeless persons. The 113
commissioner shall adopt regulations, in accordance with the 114
provisions of chapter 54, to establish the procedure and qualifications 115
for the issuance of an identity card to any such homeless applicant. As 116
used in this subsection, "intersex" means a condition in which an 117
individual is born with a reproductive or sexual anatomy or 118
chromosome pattern that does not fit the typical definition of male or 119
female. 120
Sec. 3. (NEW) (Effective October 1, 2021) For purposes of issuing a 121
motor vehicle operator's license, including, but not limited to, a 122
commercial driver's license, in accordance with part III of chapter 246 of 123
the general statutes, the Commissioner of Motor Vehicles shall accept as 124
proof of an individual's identification as intersex, in a form and manner 125
prescribed by the commissioner, evidence of an individual's intersex 126
characteristics. The commissioner shall specify the sex of any individual 127
who submits such evidence as intersex on such individual's license. As 128
used in this section, "intersex" means a condition in which an individual 129
is born with a reproductive or sexual anatomy or chromosome pattern 130
that does not fit the typical definition of male or female. 131
Sec. 4. Subsection (a) of section 7-48 of the general statutes is repealed 132
and the following is substituted in lieu thereof (Effective October 1, 2021): 133
(a) Not later than ten days after each live birth which occurs in this 134
state, a birth certificate shall be filed with the registrar of vital statistics 135
in the town in which the birth occurred and the certificate shall be 136
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registered if properly filed, by manual or electronic systems as 137
prescribed by the commissioner. [On and after January 1, 1994, each] 138
Each hospital with two hundred or more live births in any calendar year 139
[1990, or any subsequent calendar year,] shall electronically transmit 140
birth information data to the department in a computer format 141
approved by the department. Each birth certificate shall contain such 142
information as the department may require and shall be completed in 143
its entirety. The department shall accept evidence of a child's intersex 144
characteristics, in a form and manner prescribed by the commissioner, 145
and allow for the specification of the child's sex as intersex on the child's 146
birth certificate. Medical and health information which is required by 147
the department, including information regarding voluntary 148
acknowledgments of paternity and whether the child was born out of 149
wedlock, shall be recorded on a confidential portion of the certificate to 150
be sent directly to the department. Such confidential records may be 151
used for statistical and health purposes by the department or by a local 152
director of health, as authorized by the department, for records related 153
to the town served by the local director of health and where the mother 154
was a resident at the time of the birth of the child. Such birth certificate 155
and confidential records may be used internally by the hospital for 156
records transmitted by the hospital for statistical, health and quality 157
assurance purposes. The department shall give due consideration to 158
national uniformity in vital statistics in prescribing the format and 159
content of such certificate. As used in this subsection, "intersex" means 160
a condition in which an individual is born with a reproductive or sexual 161
anatomy or chromosome pattern that does not fit the typical definition 162
of male or female. 163
Sec. 5. Section 19a-42 of the general statutes is repealed and the 164
following is substituted in lieu thereof (Effective October 1, 2021): 165
(a) To protect the integrity and accuracy of vital records, a certificate 166
registered under chapter 93 may be amended only in accordance with 167
sections 19a-41 to 19a-45, inclusive, chapter 93, regulations adopted by 168
the Commissioner of Public Health pursuant to chapter 54 and uniform 169
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procedures prescribed by the commissioner. Only the commissioner 170
may amend birth certificates to reflect changes concerning parentage, 171
[or] gender change or change in designation of sex by an intersex 172
person. Amendments related to parentage, [or] gender change or 173
change in designation of sex by an intersex person shall result in the 174
creation of a replacement certificate that supersedes the original, and 175
shall in no way reveal the original language changed by the amendment. 176
Any amendment to a vital record made by the registrar of vital statistics 177
of the town in which the vital event occurred or by the commissioner 178
shall be in accordance with such regulations and uniform procedures. 179
(b) The commissioner and the registrar of vital statistics shall 180
maintain sufficient documentation, as prescribed by the commissioner, 181
to support amendments and shall ensure the confidentiality of such 182
documentation as required by law. The date of amendment and a 183
summary description of the evidence submitted in support of the 184
amendment shall be endorsed on or made part of the record and the 185
original certificate shall be marked "Amended", except for amendments 186
due to parentage, [or] gender change or change in designation of sex by 187
an intersex person. When the registrar of the town in which the vital 188
event occurred amends a certificate, such registrar shall, within ten days 189
of making such amendment, forward an amended certificate to the 190
commissioner and to any registrar having a copy of the certificate. When 191
the commissioner amends a birth certificate, including changes due to 192
parentage, [or] gender change or change in designation of sex by an 193
intersex person, the commissioner shall forward an amended certificate 194
to the registrars of vital statistics affected and their records shall be 195
amended accordingly. 196
(c) An amended certificate shall supersede the original certificate that 197
has been changed and shall be marked "Amended", except for 198
amendments due to parentage, [or] gender change or change in 199
designation of sex by an intersex person. The original certificate in the 200
case of parentage or gender change shall be physically or electronically 201
sealed and kept in a confidential file by the department and the registrar 202
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of any town in which the birth was recorded, and may be unsealed for 203
issuance only as provided in section 7-53 or upon a written order of a 204
court of competent jurisdiction. The amended certificate shall become 205
the official record. 206
(d) (1) Upon receipt of (A) an acknowledgment of paternity executed 207
in accordance with the provisions of subsection (a) of section 46b-172 by 208
both parents of a child born out of wedlock, or (B) a certified copy of an 209
order of a court of competent jurisdiction establishing the paternity of a 210
child born out of wedlock, the commissioner shall include on or amend, 211
as appropriate, such child's birth certificate to show such paternity if 212
paternity is not already shown on such birth certificate and to change 213
the name of the child under eighteen years of age if so indicated on the 214
acknowledgment of paternity form or within the certified court order as 215
part of the paternity action. If a person who is the subject of a voluntary 216
acknowledgment of paternity, as described in this subdivision, is 217
eighteen years of age or older, the commissioner shall obtain a notarized 218
affidavit from such person affirming that he or she agrees to the 219
commissioner's amendment of such person's birth certificate as such 220
amendment relates to the acknowledgment of paternity. The 221
commissioner shall amend the birth certificate for an adult child to 222
change his or her name only pursuant to a court order. 223
(2) If another father is listed on the birth certificate, the commissioner 224
shall not remove or replace the father's information unless presented 225
with a certified court order that meets the requirements specified in 226
section 7-50, or upon the proper filing of a rescission, in accordance with 227
the provisions of section 46b-172. The commissioner shall thereafter 228
amend such child's birth certificate to remove or change the father's 229
name and to change the name of the child, as requested at the time of 230
the filing of a rescission, in accordance with the provisions of section 231
46b-172. Birth certificates amended under this subsection shall not be 232
marked "Amended". 233
(e) When the parent or parents of a child request the amendment of 234
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the child's birth certificate to reflect a new mother's name because the 235
name on the original certificate is fictitious, such parent or parents shall 236
obtain an order of a court of competent jurisdiction declaring the 237
putative mother to be the child's mother. Upon receipt of a certified copy 238
of such order, the department shall amend the child's birth certificate to 239
reflect the mother's true name. 240
(f) Upon receipt of a certified copy of an order of a court of competent 241
jurisdiction changing the name of a person born in this state and upon 242
request of such person or such person's parents, guardian, or legal 243
representative, the commissioner or the registrar of vital statistics of the 244
town in which the vital event occurred shall amend the birth certificate 245
to show the new name by a method prescribed by the department. 246
(g) When an applicant submits the documentation required by the 247
regulations to amend a vital record, the commissioner shall hold a 248
hearing, in accordance with chapter 54, if the commissioner has 249
reasonable cause to doubt the validity or adequacy of such 250
documentation. 251
(h) When an amendment under this section involves the changing of 252
existing language on a death certificate due to an error pertaining to the 253
cause of death, the death certificate shall be amended in such a manner 254
that the original language is still visible. A copy of the death certificate 255
shall be made. The original death certificate shall be sealed and kept in 256
a confidential file at the department and only the commissioner may 257
order it unsealed. The copy shall be amended in such a manner that the 258
language to be changed is no longer visible. The copy shall be a public 259
document. 260
(i) The commissioner shall issue a new birth certificate to reflect a 261
gender change upon receipt of the following documents submitted in 262
the form and manner prescribed by the commissioner: (1) A written 263
request from the applicant, signed under penalty of law, for a 264
replacement birth certificate to reflect that the applicant's gender differs 265
from the sex designated on the original birth certificate; (2) a notarized 266
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affidavit by a physician licensed pursuant to chapter 370 or holding a 267
current license in good standing in another state, an advanced practice 268
registered nurse licensed pursuant to chapter 378 or holding a current 269
license in good standing in another state, or a psychologist licensed 270
pursuant to chapter 383 or holding a current license in good standing in 271
another state, stating that the applicant has undergone surgical, 272
hormonal or other treatment clinically appropriate for the applicant for 273
the purpose of gender transition; and (3) if an applicant is also 274
requesting a change of name listed on the original birth certificate, proof 275
of a legal name change. The new birth certificate shall reflect the new 276
gender identity by way of a change in the sex designation on the original 277
birth certificate and, if applicable, the legal name change. 278
(j) The commissioner shall issue a new birth certificate to reflect a 279
change in designation of sex by a person as an intersex person upon 280
receipt of the following documents submitted in the form and manner 281
prescribed by the commissioner: (1) A written request from the 282
applicant, signed under penalty of law, for a replacement birth 283
certificate to reflect that the applicant seeks to change the designation of 284
sex on the original birth certificate; (2) a notarized affidavit by a 285
physician licensed pursuant to chapter 370 or holding a current license 286
in good standing in another state, an advanced practice registered nurse 287
licensed pursuant to chapter 378 or holding a current license in good 288
standing in another state, or a psychologist licensed pursuant to chapter 289
383 or holding a current license in good standing in another state, stating 290
that the applicant has intersex characteristics; and (3) if an applicant is 291
also requesting a change of name listed on the original birth certificate, 292
proof of a legal name change. The new birth certificate shall reflect the 293
newly designated sex by way of a change in the sex designation on the 294
original birth certificate and, if applicable, the legal name change. 295
Sec. 6. (NEW) (Effective October 1, 2021) An agency, as defined in 296
section 1-200 of the general statutes, that requires a person to identify 297
the person's sex for any reason shall accept as proof of the person's 298
identification as intersex an identity card or motor vehicle operator's 299
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license issued by the Department of Motor Vehicles or a birth certificate 300
issued by the Department of Public Health or a registrar of vital statistics 301
and shall specify the person's sex as intersex on any documentation 302
generated by such agency on which the sex of the person is identified. 303
For purposes of this section, "intersex" means a condition in which an 304
individual is born with a reproductive or sexual anatomy or 305
chromosome pattern that does not fit the typical definitions of male or 306
female. 307
Sec. 7. (Effective from passage) (a) There is established a task force to 308
study the circumstances in which a surgery related to a person's intersex 309
status is medically necessary. 310
(b) The task force shall consist of the following members: 311
(1) Two appointed by the speaker of the House of Representatives; 312
(2) Two appointed by the president pro tempore of the Senate; 313
(3) One appointed by the majority leader of the House of 314
Representatives; 315
(4) One appointed by the majority leader of the Senate; 316
(5) One appointed by the minority leader of the House of 317
Representatives; and 318
(6) One appointed by the minority leader of the Senate. 319
(c) Any member of the task force appointed under subsection (b) of 320
this section may be a member of the General Assembly. 321
(d) All appointments to the task force shall be made not later than 322
thirty days after the effective date of this section. Any vacancy shall be 323
filled by the appointing authority. 324
(e) The speaker of the House of Representatives and the president pro 325
tempore of the Senate shall select the chairpersons of the task force from 326
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among the members of the task force. Such chairpersons shall schedule 327
the first meeting of the task force, which shall be held not later than sixty 328
days after the effective date of this section. 329
(f) The administrative staff of the joint standing committee of the 330
General Assembly having cognizance of matters relating to public 331
health shall serve as administrative staff of the task force. 332
(g) Not later than January 1, 2022, the task force shall submit a report 333
on its findings and recommendations to the joint standing committee of 334
the General Assembly having cognizance of matters relating to public 335
health, in accordance with the provisions of section 11-4a of the general 336
statutes. The task force shall terminate on the date that it submits such 337
report or January 1, 2022, whichever is later. 338
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 46a-51
Sec. 2 October 1, 2021 1-1h(a)
Sec. 3 October 1, 2021 New section
Sec. 4 October 1, 2021 7-48(a)
Sec. 5 October 1, 2021 19a-42
Sec. 6 October 1, 2021 New section
Sec. 7 from passage New section
Statement of Purpose:
To extend various health and legal protections to persons with intersex
conditions.
[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: SEN. LESSER, 9th Dist.; REP. WINKLER, 56th Dist.
SEN. WINFIELD, 10th Dist.
S.B. 100