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SB-741 Change of gender and sex identifier.(2019-2020)

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Senate:

Int

1st

Cmt

2nd

Cmt

2nd

3rd

Pass

Veto

Assembly:

1st

Cmt

2nd

3rd

Pass

Bill Status

Measure:

SB-741

Lead Authors:

Galgiani (S)

Principal Coauthors:

Coauthors:

Topic:

Change of gender and sex identifier.

31st Day in Print:

03/27/19

Title:

An act to amend Sections 1276 and 1277 of the Code of Civil Procedure, and to amend Sections 103400, 103425, and 103426 of, to amend the heading of Article 7 (commencing with Section 103425) of Chapter 11 of Part 1 of Division 102 of, to add Section 103431 to, and to repeal and add Sections 103430, 103435, and 103440 of, the Health and Safety Code, relating to vital records.

House Location:

Senate

Enrolled Date:

09/02/20

Last Amended Date:

08/24/20

Type of Measure
Active Bill - In Floor Process
Majority Vote Required
Non-Appropriation
Fiscal Committee
State-Mandated Local Program
Non-Urgency
Non-Tax levy

Last 5 History Actions
Date	Action
09/29/20	In Senate. Consideration of Governor's veto pending.
09/29/20	Vetoed by the Governor.
09/08/20	Enrolled and presented to the Governor at 2 p.m.
08/31/20	Assembly amendments concurred in. (Ayes 30. Noes 7.) Ordered to engrossing and enrolling.
08/31/20	In Senate. Concurrence in Assembly amendments pending.

Governor's Veto Message
To the Members of the California State Senate: I am returning Senate Bill 741 without my signature. This bill would allow a person, as part of a judgment recognizing a change of name and gender, to also seek an order to revise a California marriage certificate of the petitioner and/or the California birth certificates of the petitioner's children. Upon court order, this bill requires the California Department of Public Health (CDPH) or the applicable County Registrar to replace the vital record certificates with one that does not reveal that the petitioner obtained a name and gender change. I strongly support the overall policy of changing vital records to accurately reflect gender identity. Unfortunately, this bill fails to give the State Registrar, which is within CDPH, clear authority to issue a new marriage certificate. As a result, CDPH would only be able to amend the marriage certificates under other applicable amendment statutes, resulting in the original gender, and the fact that there was a change to the listed gender, visible and open to the public. I am concerned that this would shine a spotlight on any individual who has changed their gender and I believe that this runs contrary to the intent of this legislation. This is an important policy and I am committed to working with the Legislature and sponsors during the next legislative session to protect individual privacy. Sincerely, Gavin Newsom

Governor's Veto Message

To the Members of the California State Senate:

I am returning Senate Bill 741 without my signature.

This bill would allow a person, as part of a judgment recognizing a change of name and gender, to also seek an order to revise a California marriage certificate of the petitioner and/or the California birth certificates of the petitioner's children. Upon court order, this bill requires the California Department of Public Health (CDPH) or the applicable County Registrar to replace the vital record certificates with one that does not reveal that the petitioner obtained a name and gender change.

I strongly support the overall policy of changing vital records to accurately reflect gender identity. Unfortunately, this bill fails to give the State Registrar, which is within CDPH, clear authority to issue a new marriage certificate. As a result, CDPH would only be able to amend the marriage certificates under other applicable amendment statutes, resulting in the original gender, and the fact that there was a change to the listed gender, visible and open to the public. I am concerned that this would shine a spotlight on any individual who has changed their gender and I believe that this runs contrary to the intent of this legislation.

This is an important policy and I am committed to working with the Legislature and sponsors during the next legislative session to protect individual privacy.

Sincerely,

Gavin Newsom