BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1121
                                                                  Page  1

          Date of Hearing:   May 1, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                   AB 1121 (Atkins) - As Amended:  April 22, 2013 

          Policy Committee:                              JudiciaryVote:9-1

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill modifies requirements to obtain a name change and a  
          new birth certificate as these requirements pertain to  
          transgender individuals.  Specifically, this bill:

          1)Requires the State Registrar, upon receipt of required  
            documentation and a statutory fee, to issue a new birth  
            certificate, without a court order, for a person who has  
            undergone gender transition.

          2)Exempts from newspaper publication requirements any petition  
            for change of name to conform the petitioner's name to his or  
            her gender identity, and requires the petition and court order  
            to indicate the proposed name is confidential rather than  
            reciting the name.

          3)Provides that, upon request by the petitioner, the current  
            legal name of the petitioner shall be kept confidential by the  
            court and not published in any court records or public forum  
            or media, as specified, when the petition is sought to conform  
            the petitioner's name to his or her gender identity. 

          4)Requires, rather than permits, the court to grant an  
            uncontested name change petition without a hearing.

           FISCAL EFFECT  

          1)Minor costs to the State Registrar, covered by an existing $11  
            fee for issuance of a new birth certificate.

          2)Negligible fiscal impact to the courts. 









                                                                  AB 1121
                                                                  Page  2

           COMMENTS  

           Purpose  . This bill, co-sponsored by the Transgender Law Center  
          and Equality California, establishes an administrative procedure  
          that transgender persons born in California may use to obtain a  
          new birth certificate reflecting changes to their sex and name.  
          The bill also makes several changes to reduce burdens on and  
          protect privacy for transgender persons seeking to obtain an  
          order for a legal name change through the current court process.  
           Among other things, these changes include requiring the court  
          in uncontested cases to grant a petition for a name 

          change without a hearing, and enhancing privacy protections for  
          the names of transgender persons within various court records.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081