Cathleen Galgiani
- Democratic
Author
(1) Existing law authorizes a person to file a petition with the superior court seeking a judgment recognizing their change of gender to female, male, or nonbinary, including a person who is under 18 years of age. The judgment may include an order for a new birth certificate, and the new birth certificate is required to include the change of gender and any name change specified in the court order. Existing law also authorizes a procedure for a person born in this state to obtain a new birth certificate directly from the State Registrar to reflect their change of gender to female, male, or nonbinary without a court order. Existing law prohibits a new birth certificate issued under these provisions from indicating that it is not the original birth certificate and requires a local registrar or the county recorder to either forward the original birth certificate to the State Registrar or seal a cover over the birth certificate, as specified. This bill would recast these provisions relating to new birth certificates to provide for a change in gender and sex identifier and to specify that a person who was issued a birth certificate by this state, rather than a person born in this state, may obtain a new birth certificate. This bill would authorize a person to file a petition with the superior court for a court order to issue a new marriage license and certificate, confidential marriage license and certificate, or birth certificate for their minor or adult child to reflect the person's change in gender and sex identifier to female, male, or nonbinary. The bill also would authorize a person who does not reside within this state to file a petition with the superior court for a change in name or a change of gender and sex identifier to female, male, or nonbinary if the person lives in a jurisdiction that does not provide these changes by court order and the person is also seeking to change their birth certificate, marriage license and certificate, confidential marriage license and certificate, or the birth certificate of their legal child that was issued by this state. The bill would provide a process for parties who are also identified on these vital records to be given notice and an opportunity respond to the petition, as specified. The bill would authorize a person to obtain a new marriage license and certificate, confidential marriage license and certificate, or birth certificate for their minor or adult child directly from the State Registrar or county clerk, as applicable, to reflect the person's change of gender and sex identifier to female, male, or nonbinary without a court order, if the person submits specific supporting documentation. The bill would require the supporting documentation to include, as applicable, a stipulation by the adult child to change their birth certificate and a stipulation by the spouse who is not requesting a change on their marriage license and certificate or confidential marriage license and certificate. The bill would authorize supporting documentation to include an affidavit, attested under penalty of perjury, that the changes are to conform to the person's gender identity and not for any fraudulent purpose. By expanding the crime of perjury in this manner, this bill would impose a state-mandated local program. The bill would require a new marriage license and certificate, confidential marriage license and certificate, or birth certificate issued under these provisions to supplant the previous vital record and would specifically direct how a county clerk should seal these original vital records. By creating new duties of a county clerk relating to sealing a marriage license and certificate or a confidential marriage license and certificate under these provisions, this bill would impose a state-mandated local program. (2) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vetoed by the Governor.
In Senate. Consideration of Governor's veto pending.
Enrolled and presented to the Governor at 2 p.m.
Assembly amendments concurred in. (Ayes 30. Noes 7.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Passed. (Ayes 63. Noes 10. Page 5415.) 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 13. Noes 4.) (August 20).
August 11 set for first hearing. Placed on suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 1.) (August 4). Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.
July 9 set for first hearing canceled at the request of author.
From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 9. Noes 2.) (June 25). Re-referred to Com. on HEALTH.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 30. Noes 8. Page 1156.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
Set for hearing May 13.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 2. Page 849.) (April 24).
Set for hearing April 24.
From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 7. Noes 1. Page 654.) (April 9). Re-referred to Com. on HEALTH.
Set for hearing April 9.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
From printer. May be acted upon on or after March 27.
Read first time.
Introduced. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB741 | HTML |
| 02/22/19 - Introduced | |
| 03/27/19 - Amended Senate | |
| 04/30/19 - Amended Senate | |
| 07/27/20 - Amended Assembly | |
| 08/24/20 - Amended Assembly | |
| 09/02/20 - Enrolled |
| Document | Format |
|---|---|
| No related documents. |
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