Atkins
Author
(1) Existing law authorizes a person who was born in this state and who has undergone clinically appropriate treatment for the purpose of gender transition to obtain a new birth certificate from the State Registrar. This bill would enact the Gender Recognition Act. For purposes of obtaining a new birth certificate under the provisions above, the bill would delete the requirement that an applicant have undergone any treatment, and instead would authorize a person to submit to the State Registrar an application to change gender on the birth certificate and an affidavit attesting, under penalty of perjury, that the request for a change of gender is to conform the person's legal gender to the person's gender identity and not for any fraudulent purpose. By requiring the affidavit to be attested to under penalty of perjury, the bill would create a crime, thereby imposing a state-mandated local program. The bill would authorize the change of gender on a new birth certificate to be female, male, or nonbinary. (2) Existing law authorizes a person who has undergone clinically appropriate treatment for the purpose of gender transition to petition for a court judgment recognizing the change of gender, and to petition for a court order conforming the person's name to the person's gender identity. Existing law provides specific procedures to seek these orders and judgments, either separately or in combination. This bill, commencing on September 1, 2018, would delete the requirement that a person have undergone any treatment to seek a court judgment to recognize a change of gender and instead would authorize the petitioner to attest, under penalty of perjury, that the request is to conform the person's legal gender to the person's gender identity and not for any fraudulent purpose. By requiring the affidavit to be attested to under penalty of perjury, the bill would create a crime, thereby imposing a state-mandated local program. The bill would authorize a change of gender in the court judgment to female, male, or nonbinary. The bill would provide modified procedures to obtain a court order for a change of name to conform to the petitioner's gender identity and a court judgment to recognize a change in the petitioner's gender. The bill would provide a separate procedure for a person under 18 years of age to petition for a court judgment to recognize a change of gender to female, male, or nonbinary. (3) Existing law requires the Department of Motor Vehicles to issue a driver's license to an applicant when the department determines that the applicant is lawfully entitled to a license, and requires the license to contain, among other things, a brief description and engraved picture or photograph of the licensee for the purpose of identification. Existing law requires the application for an original driver's license or renewal of a driver's license to contain specified information, as provided by the applicant. Existing law also authorizes the department to issue identification cards and requires an identification card to adequately describe the applicant. Existing law requires the department, upon issuance of a new identification card or renewal of an identification card, to provide information regarding organ and tissue donation, including an enrollment form for the California Organ and Tissue Donor Registry that requires an applicant to mark his or her sex. This bill, on January 1, 2019, would require an applicant for an original driver's license or renewal of a driver's license to choose a gender category of female, male, or nonbinary, as specified, and would require the department to adopt regulations to provide a process for an amendment to a gender category under these provisions. The bill would also require the enrollment form for the California Organ and Tissue Donor Registry to instead require an applicant to mark his or her gender. This bill would make legislative findings and declarations in support of its provisions. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Chaptered by Secretary of State. Chapter 853, Statutes of 2017.
Approved by the Governor.
Enrolled and presented to the Governor at 4 p.m.
Assembly amendments concurred in. (Ayes 26. Noes 12. Page 2923.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Passed. (Ayes 57. Noes 21. Page 3261.) Ordered to the Senate.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 11. Noes 5.) (September 1).
August 23 set for first hearing. Placed on APPR. suspense file.
Coauthors revised.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 3.) (July 10). Re-referred to Com. on APPR.
Read second time and amended. Re-referred to Com. on TRANS.
From committee: Do pass as amended and re-refer to Com. on TRANS. (Ayes 9. Noes 1.) (June 27).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 26. Noes 12. Page 1314.) Ordered to the Assembly.
Read second time and amended. Ordered to third reading.
Published May 26 at 10 a.m.
From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1179.) (May 25).
Set for hearing May 25.
May 15 hearing: Placed on APPR. suspense file.
Set for hearing May 15.
May 8 hearing postponed by committee.
Set for hearing May 8.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 851.) (April 25). Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
Set for hearing April 25.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 9. Noes 1. Page 627.) (April 4). Re-referred to Com. on JUD.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on T. & H.
Set for hearing April 4.
From printer. May be acted upon on or after February 24.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB179 | HTML |
| 01/24/17 - Introduced | |
| 03/27/17 - Amended Senate | |
| 04/17/17 - Amended Senate | |
| 05/26/17 - Amended Senate | |
| 06/22/17 - Amended Assembly | |
| 06/29/17 - Amended Assembly | |
| 09/05/17 - Amended Assembly | |
| 09/18/17 - Enrolled | |
| 10/15/17 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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