AMENDED IN ASSEMBLY JUNE 29, 2017

AMENDED IN ASSEMBLY JUNE 22, 2017

AMENDED IN SENATE MAY 26, 2017
AMENDED IN SENATE APRIL 17, 2017
AMENDED IN SENATE MARCH 27, 2017

SENATE BILL No. 179

Introduced by Senators Atkins and Wiener

(Principal coauthors: Senators De Len, Galgiani, Lara, Mitchell,
Monning, and Skinner)
(Principal coauthors: Assembly Members Bocanegra, Chiu, Eggman,
Cristina Garcia, Gloria, Low, Mark Stone, and Ting)
(Coauthors: Assembly Members Kalra, Aguiar-Curry, Bloom, Friedman,
and Medina)

January 24, 2017

An act to amend, repeal, and add Sections 1277 and 1278 of, and to
add Section 1277.5 to, the Code of Civil Procedure, to amend Sections
103426 and 103440 of, to amend the heading of Article 7 (commencing
with Section 103425) of Chapter 11 of Part 1 of Division 102 of, and
to amend, repeal, and add Sections 103425 and 103430 of, the Health
and Safety Code, and to amend, repeal, and add Sections 12811 and
13005 of the Vehicle Code, relating to gender identity.

legislative counsels digest

SB 179, as amended, Atkins. Gender identity: female, male, or
nonbinary.
(1)Existing law authorizes a person who was born in this state and
who has undergone clinically appropriate treatment for the purpose of

Revised 7-11-17See last page. 94

SB 179 2

gender transition to obtain a new birth certificate from the State

Registrar.
This bill would enact the Gender Recognition Act, 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 persons legal gender to the persons 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, and thus impose a
state-mandated local program. This bill would authorize the change of
gender on the 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 also
authorizes any person to petition for a court order conforming the
persons name to the persons 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 persons legal gender to the persons 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, and thus
impose 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 petitioners gender identity and a
court judgment to recognize a change in the petitioners gender. The
bill would authorize 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 drivers 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

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law authorizes the department to issue identification cards and requires

an identification card to adequately describe the applicant.
This bill, on January 1, 2019, would require the applicant for a drivers
license or identification card to choose a gender category of female,
male, or nonbinary to be included as part of the applicants description
and would require the department to adopt regulations for an expedient
amendment of a gender category on a drivers license and identification
card.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.

The people of the State of California do enact as follows:

line 1 SECTION 1. This act shall be known and may be cited as the
line 2 Gender Recognition Act.
line 3 SEC. 2. The Legislature finds and declares all of the following:
line 4 (a)It is the policy of the State of California that every person
line 5 deserves full legal recognition and equal treatment under the law
line 6 and to ensure that intersex, transgender, and nonbinary people
line 7 have state-issued identification documents that provide full legal
line 8 recognition of their accurate gender identity.
line 9 (b)Gender identification is fundamentally personal, and the
line 10 state should endeavor to provide options on state-issued
line 11 identification documents that recognize a persons accurate gender
line 12 identification. It is the intent of the Legislature in enacting this
line 13 legislation to provide three equally recognized gender options on
line14 state-issued identification documentsfemale, male, and
line 15 nonbinaryand an efficient and fair process for people to amend
line 16 their gender designation on state-issued identification documents
line 17 so that state-issued identification documents legally recognize a
line 18 persons accurate gender identification.
line 19 (c)Intersex is an umbrella term used to describe natural bodily
line 20 variations, which can include external genitalia, internal sex organs,

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line 1 chromosomes, or hormonal differences that transcend typical ideas

line 2 of male and female. Upper estimates of the number of intersex
line 3 people are approximately 1.7 percent of the general population.
line 4 In the United States, some children born with intersex traits have
line 5 been subjected to involuntary and medically unnecessary surgical
line 6 procedures in infancy in an attempt to erase aspects of their natural
line 7 bodies, causing significant physical and psychological harm.
line 8 Human rights authorities have condemned this practice as a form
line 9 of torture and recognize that legal and ethical frameworks require
line 10 intersex people themselves to make decisions concerning their
line 11 own bodies. Thus, those human rights authorities recommended
line 12 that physicians assign a provisional gender designation with the
line 13 knowledge that the child may later identify differently. An option
line 14 of a nonbinary gender designation on state-issued identification
line 15 documents would allow intersex people, like transgender and
line 16 nonbinary people, to be able to use state-issued identification
line 17 documents that accurately recognize their gender identification as
line 18 female, male, or nonbinary.
line 19 (d)The binary gender designations of female and male fail to
line 20 adequately represent the diversity of human experience. Nonbinary
line 21 is an umbrella term for people with gender identities that fall
line 22 somewhere outside of the traditional conceptions of strictly either
line 23 female or male. People with nonbinary gender identities may or
line 24 may not identify as transgender, may or may not have been born
line 25 with intersex traits, may or may not use gender-neutral pronouns,
line 26 and may or may not use more specific terms to describe their
line 27 genders, such as agender, genderqueer, gender fluid, Two Spirit,
line 28 bigender, pangender, gender nonconforming, or gender variant.
line 29 Nonbinary gender identities have been recognized by cultures
line 30 throughout history and around the world, as well as by legal
line 31 systems in the United States and other countries, medical
line 32 authorities, and researchers. Studies show that nonbinary people
line 33 face frequent discrimination, harassment, and violence in areas of
line 34 life including education, employment, health care, and law
line 35 enforcement.
line 36 (e)Transgender is an umbrella term used to describe people
line 37 whose gender identity or gender expression do not match the
line 38 gender they were assigned at birth. Some transgender people have
line 39 medically transitioned, undergoing gender affirming surgeries and
line 40 hormonal treatments, while other transgender people do not choose

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line 1 any form of medical transition. There is no uniform set of

line 2 procedures that are sought by transgender people that pursue
line 3 medical transition. Transgender people may identify as female,
line 4 male, or nonbinary, may or may not have been born with intersex
line 5 traits, may or may not use gender-neutral pronouns, and may or
line 6 may not use more specific terms to describe their genders, such
line 7 as agender, genderqueer, gender fluid, Two Spirit, bigender,
line 8 pangender, gender nonconforming, or gender variant. Studies show
line 9 that transgender people disproportionately face discrimination,
line 10 harassment, and violence in areas of life including housing,
line 11 education, employment, health care, and law enforcement.
line 12 SEC. 3. Section 1277 of the Code of Civil Procedure is
line 13 amended to read:
line 14 1277. (a)(1)If a proceeding for a change of name is
line 15 commenced by the filing of a petition, except as provided in
line 16 subdivisions (b), (c), and (e), the court shall thereupon make an
line 17 order reciting the filing of the petition, the name of the person by
line 18 whom it is filed, and the name proposed. The order shall direct all
line 19 persons interested in the matter to appear before the court at a time
line 20 and place specified, which shall be not less than 6 weeks nor more
line 21 than 12 weeks from the time of making the order, unless the court
line 22 orders a different time, to show cause why the application for
line 23 change of name should not be granted. The order shall direct all
line 24 persons interested in the matter to make known any objection that
line 25 they may have to the granting of the petition for change of name
line 26 by filing a written objection, which includes the reasons for the
line 27 objection, with the court at least two court days before the matter
line 28 is scheduled to be heard and by appearing in court at the hearing
line 29 to show cause why the petition for change of name should not be
line 30 granted. The order shall state that, if no written objection is timely
line 31 filed, the court may grant the petition without a hearing. If the
line 32 petition seeks to conform the petitioners name to the petitioners
line 33 gender identity and no objection is timely filed, the court shall
line 34 grant the petition without a hearing.
line 35 (2)A copy of the order to show cause shall be published
line 36 pursuant to Section 6064 of the Government Code in a newspaper
line 37 of general circulation to be designated in the order published in
line 38 the county. If a newspaper of general circulation is not published
line 39 in the county, a copy of the order to show cause shall be posted
line 40 by the clerk of the court in three of the most public places in the

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line 1 county in which the court is located, for a like period. Proof shall
line 2 be made to the satisfaction of the court of this publication or
line 3 posting at the time of the hearing of the application.
line 4 (3)Four weekly publications shall be sufficient publication of
line 5 the order to show cause. If the order is published in a daily
line 6 newspaper, publication once a week for four successive weeks
line 7 shall be sufficient.
line 8 (4)If a petition has been filed for a minor by a parent and the
line 9 other parent, if living, does not join in consenting thereto, the
line 10 petitioner shall cause, not less than 30 days before the hearing, to
line 11 be served notice of the time and place of the hearing or a copy of
line 12 the order to show cause on the other parent pursuant to Section
line 13 413.10, 414.10, 415.10, or 415.40. If notice of the hearing cannot
line 14 reasonably be accomplished pursuant to Section 415.10 or 415.40,
line 15 the court may order that notice be given in a manner that the court
line 16 determines is reasonably calculated to give actual notice to the
line 17 nonconsenting parent. In that case, if the court determines that
line 18 notice by publication is reasonably calculated to give actual notice
line 19 to the nonconsenting parent, the court may determine that
line 20 publication of the order to show cause pursuant to this subdivision
line 21 is sufficient notice to the nonconsenting parent.
line 22 (5)If the petition for a change of name is sought in order to
line 23 conform the petitioners name to the petitioners gender identity,
line 24 the action for a change of name is exempt from the requirement
line 25 for publication of the order to show cause under this subdivision.
line 26 (b)(1)If the petition for a change of name alleges a reason or
line 27 circumstance described in paragraph (2), and the petitioner has
line 28 established that the petitioner is an active participant in the address
line 29 confidentiality program created pursuant to Chapter 3.1
line 30 (commencing with Section 6205) of Division 7 of Title 1 of the
line 31 Government Code, and that the name the petitioner is seeking to
line 32 acquire is on file with the Secretary of State, the action for a change
line 33 of name is exempt from the requirement for publication of the
line 34 order to show cause under subdivision (a), and the petition and the
line 35 order of the court shall, in lieu of reciting the proposed name,
line 36 indicate that the proposed name is confidential and is on file with
line 37 the Secretary of State pursuant to the provisions of the address
line 38 confidentiality program.
line 39 (2)The procedure described in paragraph (1) applies to petitions
line 40 alleging any of the following reasons or circumstances:

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line 1 (A)To avoid domestic violence, as defined in Section 6211 of

line 2 the Family Code.
line 3 (B)To avoid stalking, as defined in Section 646.9 of the Penal
line 4 Code.
line 5 (C)The petitioner is, or is filing on behalf of, a victim of sexual
line 6 assault, as defined in Section 1036.2 of the Evidence Code.
line 7 (3)For any petition under this subdivision, the current legal
line 8 name of the petitioner shall be kept confidential by the court and
line 9 shall not be published or posted in the courts calendars, indexes,
line 10 or register of actions, as required by Article 7 (commencing with
line 11 Section 69840) of Chapter 5 of Title 8 of the Government Code,
line 12 or by any means or in any public forum, including a hardcopy or
line 13 an electronic copy, or any other type of public media or display.
line 14 (4)Notwithstanding paragraph (3), the court may, at the request
line 15 of the petitioner, issue an order reciting the name of the petitioner
line 16 at the time of the filing of the petition and the new legal name of
line 17 the petitioner as a result of the courts granting of the petition.
line 18 (5)A petitioner may request that the court file the petition and
line 19 any other papers associated with the proceeding under seal. The
line 20 court may consider the request at the same time as the petition for
line 21 name change, and may grant the request in any case in which the
line 22 court finds that all of the following factors apply:
line 23 (A)There exists an overriding interest that overcomes the right
line 24 of public access to the record.
line 25 (B)The overriding interest supports sealing the record.
line 26 (C)A substantial probability exists that the overriding interest
line 27 will be prejudiced if the record is not sealed.
line 28 (D)The proposed order to seal the records is narrowly tailored.
line 29 (E)No less restrictive means exist to achieve the overriding
line 30 interest.
line 31 (c)A proceeding for a change of name for a witness participating
line 32 in the state Witness Relocation and Assistance Program established
line 33 by Title 7.5 (commencing with Section 14020) of Part 4 of the
line 34 Penal Code who has been approved for the change of name by the
line 35 program is exempt from the requirement for publication of the
line 36 order to show cause under subdivision (a).
line 37 (d)If an application for change of name is brought as part of
line 38 an action under the Uniform Parentage Act (Part 3 (commencing
line 39 with Section 7600) of Division 12 of the Family Code), whether
line 40 as part of a petition or cross-complaint or as a separate order to

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line 1 show cause in a pending action thereunder, service of the

line 2 application shall be made upon all other parties to the action in a
line 3 like manner as prescribed for the service of a summons, as set forth
line 4 in Article 3 (commencing with Section 415.10) of Chapter 4 of
line 5 Title 5 of Part 2. Upon the setting of a hearing on the issue, notice
line 6 of the hearing shall be given to all parties in the action in a like
line 7 manner and within the time limits prescribed generally for the type
line 8 of hearing (whether trial or order to show cause) at which the issue
line 9 of the change of name is to be decided.
line 10 (e)If a guardian files a petition to change the name of the
line 11 guardians minor ward pursuant to Section 1276:
line 12 (1)The guardian shall provide notice of the hearing to any living
line 13 parent of the minor by personal service at least 30 days before the
line 14 hearing.
line 15 (2)If either or both parents are deceased or cannot be located,
line 16 the guardian shall cause, not less than 30 days before the hearing,
line 17 to be served a notice of the time and place of the hearing or a copy
line 18 of the order to show cause on the childs grandparents, if living,
line 19 pursuant to Section 413.10, 414.10, 415.10, or 415.40.
line 20 (f)This section shall become operative on July 1, 2014, shall
line 21 become inoperative on September 1, 2018, and shall be repealed
line 22 on January 1, 2019.
line 23 SEC. 4. Section 1277 is added to the Code of Civil Procedure,
line 24 to read:
line 25 1277. (a)(1)If a proceeding for a change of name is
line 26 commenced by the filing of a petition, except as provided in
line 27 subdivisions (b), (c), and (e), or Section 1277.5, the court shall
line 28 thereupon make an order reciting the filing of the petition, the
line 29 name of the person by whom it is filed, and the name proposed.
line 30 The order shall direct all persons interested in the matter to appear
line 31 before the court at a time and place specified, which shall be not
line 32 less than 6 weeks nor more than 12 weeks from the time of making
line 33 the order, unless the court orders a different time, to show cause
line 34 why the application for change of name should not be granted.
line 35 The order shall direct all persons interested in the matter to make
line 36 known any objection that they may have to the granting of the
line 37 petition for change of name by filing a written objection, which
line 38 includes the reasons for the objection, with the court at least two
line 39 court days before the matter is scheduled to be heard and by
line 40 appearing in court at the hearing to show cause why the petition

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line 1 for change of name should not be granted. The order shall state
line 2 that, if no written objection is timely filed, the court may grant the
line 3 petition without a hearing.
line 4 (2)A copy of the order to show cause shall be published
line 5 pursuant to Section 6064 of the Government Code in a newspaper
line 6 of general circulation to be designated in the order published in
line 7 the county. If a newspaper of general circulation is not published
line 8 in the county, a copy of the order to show cause shall be posted
line 9 by the clerk of the court in three of the most public places in the
line 10 county in which the court is located, for a like period. Proof shall
line 11 be made to the satisfaction of the court of this publication or
line 12 posting at the time of the hearing of the application.
line 13 (3)Four weekly publications shall be sufficient publication of
line 14 the order to show cause. If the order is published in a daily
line 15 newspaper, publication once a week for four successive weeks
line 16 shall be sufficient.
line 17 (4)If a petition has been filed for a minor by a parent and the
line 18 other parent, if living, does not join in consenting thereto, the
line 19 petitioner shall cause, not less than 30 days before the hearing, to
line 20 be served notice of the time and place of the hearing or a copy of
line 21 the order to show cause on the other parent pursuant to Section
line 22 413.10, 414.10, 415.10, or 415.40. If notice of the hearing cannot
line 23 reasonably be accomplished pursuant to Section 415.10 or 415.40,
line 24 the court may order that notice be given in a manner that the court
line 25 determines is reasonably calculated to give actual notice to the
line 26 nonconsenting parent. In that case, if the court determines that
line 27 notice by publication is reasonably calculated to give actual notice
line 28 to the nonconsenting parent, the court may determine that
line 29 publication of the order to show cause pursuant to this subdivision
line 30 is sufficient notice to the nonconsenting parent.
line 31 (b)(1)If the petition for a change of name alleges a reason or
line 32 circumstance described in paragraph (2), and the petitioner has
line 33 established that the petitioner is an active participant in the address
line 34 confidentiality program created pursuant to Chapter 3.1
line 35 (commencing with Section 6205) of Division 7 of Title 1 of the
line 36 Government Code, and that the name the petitioner is seeking to
line 37 acquire is on file with the Secretary of State, the action for a change
line 38 of name is exempt from the requirement for publication of the
line 39 order to show cause under subdivision (a), and the petition and the
line 40 order of the court shall, in lieu of reciting the proposed name,

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 SB 179 10

line 1 indicate that the proposed name is confidential and is on file with
line 2 the Secretary of State pursuant to the provisions of the address
line 3 confidentiality program.
line 4 (2)The procedure described in paragraph (1) applies to petitions
line 5 alleging any of the following reasons or circumstances:
line 6 (A)To avoid domestic violence, as defined in Section 6211 of
line 7 the Family Code.
line 8 (B)To avoid stalking, as defined in Section 646.9 of the Penal
line 9 Code.
line 10 (C)The petitioner is, or is filing on behalf of, a victim of sexual
line 11 assault, as defined in Section 1036.2 of the Evidence Code.
line 12 (3)For any petition under this subdivision, the current legal
line 13 name of the petitioner shall be kept confidential by the court and
line 14 shall not be published or posted in the courts calendars, indexes,
line 15 or register of actions, as required by Article 7 (commencing with
line 16 Section 69840) of Chapter 5 of Title 8 of the Government Code,
line 17 or by any means or in any public forum, including a hardcopy or
line 18 an electronic copy, or any other type of public media or display.
line 19 (4)Notwithstanding paragraph (3), the court may, at the request
line 20 of the petitioner, issue an order reciting the name of the petitioner
line 21 at the time of the filing of the petition and the new legal name of
line 22 the petitioner as a result of the courts granting of the petition.
line 23 (5)A petitioner may request that the court file the petition and
line 24 any other papers associated with the proceeding under seal. The
line 25 court may consider the request at the same time as the petition for
line 26 name change, and may grant the request in any case in which the
line 27 court finds that all of the following factors apply:
line 28 (A)There exists an overriding interest that overcomes the right
line 29 of public access to the record.
line 30 (B)The overriding interest supports sealing the record.
line 31 (C)A substantial probability exists that the overriding interest
line 32 will be prejudiced if the record is not sealed.
line 33 (D)The proposed order to seal the records is narrowly tailored.
line 34 (E)No less restrictive means exist to achieve the overriding
line 35 interest.
line 36 (c)A proceeding for a change of name for a witness participating
line 37 in the state Witness Relocation and Assistance Program established
line 38 by Title 7.5 (commencing with Section 14020) of Part 4 of the
line 39 Penal Code who has been approved for the change of name by the

94
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line 1 program is exempt from the requirement for publication of the

line 2 order to show cause under subdivision (a).
line 3 (d)If an application for change of name is brought as part of
line 4 an action under the Uniform Parentage Act (Part 3 (commencing
line 5 with Section 7600) of Division 12 of the Family Code), whether
line 6 as part of a petition or cross-complaint or as a separate order to
line 7 show cause in a pending action thereunder, service of the
line 8 application shall be made upon all other parties to the action in a
line 9 like manner as prescribed for the service of a summons, as set forth
line 10 in Article 3 (commencing with Section 415.10) of Chapter 4 of
line 11 Title 5 of Part 2. Upon the setting of a hearing on the issue, notice
line 12 of the hearing shall be given to all parties in the action in a like
line 13 manner and within the time limits prescribed generally for the type
line 14 of hearing (whether trial or order to show cause) at which the issue
line 15 of the change of name is to be decided.
line 16 (e)If a guardian files a petition to change the name of the
line 17 guardians minor ward pursuant to Section 1276:
line 18 (1)The guardian shall provide notice of the hearing to any living
line 19 parent of the minor by personal service at least 30 days before the
line 20 hearing.
line 21 (2)If either or both parents are deceased or cannot be located,
line 22 the guardian shall cause, not less than 30 days before the hearing,
line 23 to be served a notice of the time and place of the hearing or a copy
line 24 of the order to show cause on the childs grandparents, if living,
line 25 pursuant to Section 413.10, 414.10, 415.10, or 415.40.
line 26 (f)This section shall become operative on September 1, 2018.
line 27 SEC. 5. Section 1277.5 is added to the Code of Civil Procedure,
line 28 to read:
line 29 1277.5. (a)(1)If a proceeding for a change of name to
line 30 conform the petitioners name to the petitioners gender identity
line 31 is commenced by the filing of a petition, the court shall thereupon
line 32 make an order reciting the filing of the petition, the name of the
line 33 person by whom it is filed, and the name proposed. The order shall
line 34 direct all persons interested in the matter to make known any
line 35 objection to the change of name by filing a written objection, which
line 36 includes any reasons for the objection, within six weeks of the
line 37 making of the order, and shall state that if no objection showing
line 38 good cause to oppose the name change is timely filed, the court
line 39 shall, without hearing, enter the order that the change of name is
line 40 granted.

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line 1 (2)The proceeding for a change of name to conform the

line 2 petitioners name to the petitioners gender identity is exempt from
line 3 any requirement for publication.
line 4 (b)A hearing date shall not be set in the proceeding unless an
line 5 objection is timely filed and shows good cause for opposing the
line 6 name change. Objections based solely on concerns over the
line 7 petitioners actual gender identity shall not constitute good cause.
line 8 At the hearing, the court may examine under oath any of the
line 9 petitioners, remonstrants, or other persons touching the petition
line 10 or application, and may make an order changing the name or
line 11 dismissing the petition or application as the court may deem right
line 12 and proper.
line 13 (c)This section shall become operative on September 1, 2018.
line 14 SEC. 6. Section 1278 of the Code of Civil Procedure is
line 15 amended to read:
line 16 1278. (a)(1)Except as provided in subdivisions (c) and (d),
line 17 the petition or application shall be heard at the time designated by
line 18 the court, only if objections are filed by a person who can, in those
line 19 objections, show to the court good reason cause against the change
line 20 of name. At the hearing, the court may examine on oath any of the
line 21 petitioners, remonstrants, or other persons touching the petition
line 22 or application, and may make an order changing the name, or
line 23 dismissing the petition or application, as the court may seem right
line 24 and proper.
line 25 (2)If no objection is filed at least two court days before the date
line 26 set for hearing, the court may, without hearing, enter the order that
line 27 the change of name is granted. If the petition seeks to conform the
line 28 petitioners name to the petitioners gender identity and no
line 29 objection is timely filed, the court shall grant the petition without
line 30 a hearing.
line 31 (b)If the provisions of subdivision (b) of Section 1277 apply,
line 32 the court shall not disclose the proposed name unless the court
line 33 finds by clear and convincing evidence that the allegations of
line 34 domestic violence, stalking, sexual assault, or gender identity in
line 35 the petition are false.
line 36 (c)If the application for a change of name is brought as part of
line 37 an action under the Uniform Parentage Act (Part 3 (commencing
line 38 with Section 7600) of Division 12 of the Family Code), the hearing
line 39 on the issue of the change of name shall be conducted pursuant to

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line 1 statutes and rules of court governing those proceedings, whether

line 2 the hearing is conducted upon an order to show cause or upon trial.
line 3 (d)If the petition for a change of name is filed by a guardian
line 4 on behalf of a minor ward, the court shall first find that the ward
line 5 is likely to remain in the guardians care until the age of majority
line 6 and that the ward is not likely to be returned to the custody of the
line 7 parents. Upon making those findings, the court shall consider the
line 8 petition and may grant the petition only if it finds that the proposed
line 9 name change is in the best interest of the child.
line 10 (e)This section shall become operative on July 1, 2014, shall
line 11 become inoperative on September 1, 2018, and shall be repealed
line 12 on January 1, 2019.
line 13 SEC. 7. Section 1278 is added to the Code of Civil Procedure,
line 14 to read:
line 15 1278. (a)(1)Except as provided in subdivisions (c) and (d),
line 16 the petition or application shall be heard at the time designated by
line 17 the court, only if objections are filed by a person who can, in those
line 18 objections, show to the court good reason cause against the change
line 19 of name. At the hearing, the court may examine on oath any of the
line 20 petitioners, remonstrants, or other persons touching the petition
line 21 or application, and may make an order changing the name, or
line 22 dismissing the petition or application, as the court may deem right
line 23 and proper.
line 24 (2)If no objection is filed at least two court days before the date
line 25 set for hearing, the court may, without hearing, enter the order that
line 26 the change of name is granted.
line 27 (b)If the provisions of subdivision (b) of Section 1277 apply,
line 28 the court shall not disclose the proposed name unless the court
line 29 finds by clear and convincing evidence that the allegations of
line 30 domestic violence, stalking, or sexual assault in the petition are
line 31 false.
line 32 (c)If the application for a change of name is brought as part of
line 33 an action under the Uniform Parentage Act (Part 3 (commencing
line 34 with Section 7600) of Division 12 of the Family Code), the hearing
line 35 on the issue of the change of name shall be conducted pursuant to
line 36 statutes and rules of court governing those proceedings, whether
line 37 the hearing is conducted upon an order to show cause or upon trial.
line 38 (d)If the petition for a change of name is filed by a guardian
line 39 on behalf of a minor ward, the court shall first find that the ward
line 40 is likely to remain in the guardians care until the age of majority

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line 1 and that the ward is not likely to be returned to the custody of the
line 2 parents. Upon making those findings, the court shall consider the
line 3 petition and may grant the petition only if it finds that the proposed
line 4 name change is in the best interest of the child.
line 5 (e)This section shall become operative on September 1, 2018.
line 6 SEC. 8. The heading of Article 7 (commencing with Section
line 7 103425) of Chapter 11 of Part 1 of Division 102 of the Health and
line 8 Safety Code is amended to read:
line 9
line 10 Article 7. Revision of Birth Records to Reflect Change of
line 11 Gender
line 12
line 13 SEC. 9. Section 103425 of the Health and Safety Code is
line 14 amended to read:
line 15 103425. (a)Whenever a person has undergone clinically
line 16 appropriate treatment for the purpose of gender transition, the
line 17 person may file a petition with the superior court in any county
line 18 seeking a judgment recognizing the change of gender.
line 19 (b)If requested, the judgment shall include an order that a new
line 20 birth certificate be prepared for the person reflecting the change
line 21 of gender and any change of name accomplished by an order of a
line 22 court of this state, another state, the District of Columbia, or any
line 23 territory of the United States.
line 24 (c)This section shall become inoperative on September 1, 2018,
line 25 and shall be repealed on January 1, 2019.
line 26 SEC. 10. Section 103425 is added to the Health and Safety
line 27 Code, to read:
line 28 103425. (a)A person may file a petition with the superior
line 29 court in any county seeking a judgment recognizing the change of
line 30 gender to female, male, or nonbinary.
line 31 (b)If requested, the judgment shall include an order that a new
line 32 birth certificate be prepared for the person reflecting the change
line 33 of gender and any change of name accomplished by an order of a
line 34 court of this state, another state, the District of Columbia, or any
line 35 territory of the United States.
line 36 (c)This section shall become operative on September 1, 2018.
line 37 SEC. 11. Section 103426 of the Health and Safety Code is
line 38 amended to read:
line 39 103426. The State Registrar shall issue a new birth certificate
line 40 reflecting a change of gender to female, male, or nonbinary without

94
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line 1 a court order for any person born in this state who submits directly
line 2 to the State Registrar an application to change the gender on the
line 3 birth certificate and an affidavit attesting under penalty of perjury
line 4 that the request for a change of gender to (female, male, or
line 5 nonbinary) is to conform the persons legal gender to the persons
line 6 gender identity and is not made for any fraudulent purpose. Upon
line 7 receipt of the documentation and the fee prescribed by Section
line 8 103725, the State Registrar shall establish a new birth certificate
line 9 reflecting the gender stated in the application and any change in
line 10 name, if accompanied by a court order for a change of name.
line 11 SEC. 12. Section 103430 of the Health and Safety Code is
line 12 amended to read:
line 13 103430. (a)The petition shall be accompanied by an affidavit
line 14 of a physician attesting that the person has undergone clinically
line 15 appropriate treatment for the purpose of gender transition, based
line 16 on contemporary medical standards, and a certified copy of the
line 17 court order changing the applicants name, if applicable. The
line 18 physicians affidavit shall be accepted as conclusive proof of
line 19 gender change if it contains substantially the following language:
line 20 I, (physicians full name), (physicians medical license or
line 21 certificate number), am a licensed physician in (jurisdiction). I
line 22 attest that (name of petitioner) has undergone clinically appropriate
line 23 treatment for the purpose of gender transition to (male or female).
line 24 I declare that the foregoing is true and correct to the best of my
line 25 knowledge.
line 26 (b)The petition shall be heard at the time appointed by the court.
line 27 At the hearing, the court may examine on oath the petitioner, and
line 28 any other person having knowledge of facts relevant to the
line 29 application. At the conclusion of the hearing the court shall grant
line 30 the petition if the court determines that the physicians affidavit
line 31 shows that the person has undergone clinically appropriate
line 32 treatment for the purpose of gender transition.
line 33 (c)If the judgment includes an order for a new birth certificate
line 34 and if the petitioner was born in this state, a certified copy of the
line 35 decree of the court ordering the new birth certificate, shall, within
line 36 30 days from the date of the decree, be filed with the State
line 37 Registrar. Upon receipt thereof together with the fee prescribed
line 38 by Section 103725, the State Registrar shall establish a new birth
line 39 certificate for the applicant.

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 SB 179 16

line 1 (d)The new birth certificate shall indicate the sex of the
line 2 registrant as specified in the judgment of the court and shall reflect
line 3 any change of name specified in the application if accompanied
line 4 by a court order, as prescribed by Section 103425. No reference
line 5 shall be made in the new birth certificate, nor shall its form in any
line 6 way indicate, that it is not the original birth certificate of the
line 7 registrant.
line 8 (e)This section shall become inoperative on September 1, 2018,
line 9 and shall be repealed on January 1, 2019.
line 10 SEC. 13. Section 103430 is added to the Health and Safety
line 11 Code, to read:
line 12 103430. (a)A petition for a court order to recognize a change
line 13 in the petitioners gender as female, male, or nonbinary shall be
line 14 accompanied by an affidavit from the petitioner and a certified
line 15 copy of the court order changing the petitioners name, if
line 16 applicable. The petitioners affidavit shall be accepted as conclusive
line 17 proof of gender change if it contains substantially the following
line 18 language: I, (petitioners full name), hereby attest under penalty
line 19 of perjury that the request for a change in gender to (female, male,
line 20 or nonbinary) is to conform my legal gender to my gender identity
line 21 and is not for any fraudulent purpose.
line 22 (b)Except as provided in subdivision (e), unless a written
line 23 objection is filed within 28 days of the filing of the petition and
line 24 shows good cause for opposing a court order recognizing the
line 25 change of gender, the court shall grant the petition without a
line 26 hearing. If an objection is timely filed, the court may set a hearing,
line 27 at a time designated by the court, only if the objection filed shows
line 28 good cause for opposing the petition. Objections based solely on
line 29 concerns over the petitioners actual gender identity shall not
line 30 constitute good cause. At the hearing, the court may examine on
line 31 oath the petitioner and any other person having knowledge of facts
line 32 relevant to the petition. At the conclusion of the hearing, the court
line 33 shall grant the petition if the court determines that the petition is
line 34 not made for any fraudulent purpose.
line 35 (c)If the judgment includes an order for a new birth certificate
line 36 and if the petitioner was born in this state, a certified copy of the
line 37 decree of the court ordering the new birth certificate, shall, within
line 38 30 days from the date of the decree, be filed with the State
line 39 Registrar. Upon receipt thereof together with the fee prescribed

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 17 SB 179

line 1 by Section 103725, the State Registrar shall establish a new birth
line 2 certificate for the petitioner.
line 3 (d)The new birth certificate shall indicate the gender of the
line 4 petitioner, as specified in the judgment of the court, and shall
line 5 reflect any change of name specified in the court order, as
line 6 prescribed by Section 103425. No reference shall be made in the
line 7 new birth certificate, nor shall its form in any way indicate, that it
line 8 is not the original birth certificate of the petitioner.
line 9 (e)(1)If a petitioner is under 18 years of age, the petition shall
line 10 be signed by either at least one of the petitioners parents or any
line 11 guardian of the petitioner, or if both parents are deceased and there
line 12 is no guardian of the petitioner, by either a near relative or friend
line 13 of the petitioner or as provided in Section 7638 of the Family Code.
line 14 (A)If a petition filed by a petitioner who is under 18 years of
line 15 age does not include the signature of both living parents, the
line 16 petitioner shall serve the living parent who did not sign the petition
line 17 with notice and an order to show cause pursuant to Section 413.10,
line 18 414.10, 415.10, or 415.40 of the Code of Civil Procedure, not less
line 19 than 30 days after the petition was filed. If service cannot
line 20 reasonably be accomplished pursuant to Section 415.10 or 415.40
line 21 of the Code of Civil Procedure, the court may order that service
line 22 be given in a manner that the court determines is reasonably
line 23 calculated to give actual notice to the living parent who did not
line 24 sign the petition.
line 25 (B)The order to show cause shall direct the living parent who
line 26 did not sign the petition to appear before the court at a time and
line 27 place specified, which shall be not less than 6 weeks nor more than
line 28 12 weeks from the time of making the order to show cause, unless
line 29 the court orders a different time, to show cause why the petition
line 30 for a court order to recognize a change in the petitioners gender
line 31 as female, male, or nonbinary should not be granted. The order to
line 32 show cause shall direct the living parent who did not sign the
line 33 petition to make known any objection to the granting of the petition
line 34 by filing a written objection that includes the reasons for the
line 35 objection with the court at least two court days before the matter
line 36 is scheduled to be heard and by appearing in court at the hearing
line 37 to show cause why the petition should not be granted. The order
line 38 to show cause shall state that if the living parent who did not sign
line 39 the petition does not timely file a written objection and appear in

94
 SB 179 18

line 1 the court hearing, the court shall grant the petition without a
line 2 hearing.
line 3 (2)(A)The court shall grant a petition for a court order to
line 4 recognize a change in the petitioners gender as female, male, or
line 5 nonbinary filed by a petitioner who is under 18 years of age without
line 6 a hearing, unless a living parent who was required to be served
line 7 with notice and an order to show cause in compliance with
line 8 subparagraph (B) of paragraph (1) timely filed a written objection
line 9 and appears in the court hearing.
line 10 (B)The court may deny a petition for a court order to recognize
line 11 a change in the petitioners gender as female, male, or nonbinary
line 12 filed by a petitioner who is under 18 years of age, if both parents,
line 13 if living, did not sign the petition, the living parent who did not
line 14 sign the petition timely filed a written objection and appeared in
line 15 the court hearing, and the court, after holding a hearing on the
line 16 matter, finds that the change of gender is not in the best interest
line 17 of the petitioner.
line 18 (f)This section shall become operative on September 1, 2018.
line 19 SEC. 14. Section 103440 of the Health and Safety Code is
line 20 amended to read:
line 21 103440. The new birth certificate established pursuant to this
line 22 article shall supplant any birth certificate previously registered for
line 23 the registrant and shall be the only birth certificate open to public
line 24 inspection. The application and supporting affidavit filed pursuant
line 25 to Section 103426 shall be filed with the original record of birth,
line 26 that shall remain as a part of the records of the State Registrar. All
line 27 records and information specified in this article, other than the
line 28 newly issued birth certificate, shall be available only upon written
line 29 request of the registrant or an order of a court of record.
line 30 When a new birth certificate is established under this article, the
line 31 State Registrar shall transmit copies of the newly established birth
line 32 certificate for filing to the local registrar and the county recorder
line 33 whose records contain copies of the original certificate, who shall
line 34 forward the copies of the original certificate to the State Registrar
line 35 for filing with the original certificate, if it is practical for the local
line 36 registrar or the county recorder to do so. If it is impractical for the
line 37 local registrar or the county recorder to forward the copy to the
line 38 State Registrar, the local registrar or the county recorder shall
line 39 effectually seal a cover over the copy of the original certificate in
line 40 a manner as not to deface or destroy the copy and forward a verified

94
 19 SB 179

line 1 statement of the action to the State Registrar. Thereafter the

line 2 information contained in the record shall be available only upon
line 3 written request of the registrant or on order of a court of record.
line 4 SEC. 15. Section 12811 of the Vehicle Code is amended to
line 5 read:
line 6 12811. (a)(1)(A)When the department determines that the
line 7 applicant is lawfully entitled to a license, it shall issue to the person
line 8 a drivers license as applied for. The license shall state the class
line 9 of license for which the licensee has qualified and shall contain
line 10 the distinguishing number assigned to the applicant, the date of
line 11 expiration, the true full name, age, and mailing address of the
line 12 licensee, a brief description and engraved picture or photograph
line 13 of the licensee for the purpose of identification, and space for the
line 14 signature of the licensee.
line 15 (B)Each license shall also contain a space for the endorsement
line 16 of a record of each suspension or revocation of the license.
line 17 (C)The department shall use whatever process or processes, in
line 18 the issuance of engraved or colored licenses, that prohibit, as near
line 19 as possible, the ability to alter or reproduce the license, or prohibit
line 20 the ability to superimpose a picture or photograph on the license
line 21 without ready detection.
line 22 (2)In addition to the requirements of paragraph (1), a license
line 23 issued to a person under 18 years of age shall display the words
line 24 provisional until age 18.
line 25 (b)(1)On and after July 1, 2011, an application for an original
line 26 or renewal drivers license or identification card shall contain a
line 27 space for the applicant to enroll in the Donate Life California Organ
line 28 and Tissue Donor Registry. The application shall include check
line 29 boxes for an applicant to mark either (A) Yes, add my name to the
line 30 donor registry or (B) I do not wish to register at this time.
line 31 (2)The department shall inquire verbally of an applicant
line 32 applying in person for an original or renewal drivers license or
line 33 identification card at a department office as to whether the applicant
line 34 wishes to enroll in the Donate Life California Organ and Tissue
line 35 Donor Registry. Failure or refusal to answer this question or check
line 36 a box on the application form shall not be a basis for the department
line 37 to deny an applicant a drivers license or identification card.
line 38 (3)The following language shall be included with the question
line 39 required by paragraph (1):
line 40

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line 1 Marking Yes adds your name to the Donate Life California
line 2 Organ and Tissue Donor Registry and a pink donor dot will
line 3 appear on your license. If you wish to remove your name from the
line 4 registry you must contact Donate Life California (see back); DMV
line 5 can remove the pink dot from your licenses but cannot remove
line 6 you from the registry.
line 7
line 8 (4)The back of the application shall contain the following
line 9 statement:
line 10
line 11 If, on the front of this form, you marked Yes to register as an
line 12 organ and tissue donor you are legally authorizing the recovery of
line 13 organs and tissues in the event of your death. Registering as a
line 14 donor will not affect your medical treatment in any way. As
line 15 outlined in the California Anatomical Gift Act, your authorization
line 16 is legally binding and, unless the donor is under 18 years of age,
line 17 your decision does not require the consent of any other person.
line 18 For registered donors under 18 years of age, the legal guardian
line 19 shall make the final donation decision. You may limit your
line 20 donation to specific organs or tissues, place usage restrictions, for
line 21 example transplantation or research, obtain more information about
line 22 donation, or remove your name from the registry on the Internet
line
23 We b site of Donate Life California:
line 24 www.donateLIFEcalifornia.org.
line 25
line 26 (5)Notwithstanding any other law, a person under 18 years of
line 27 age may register as a donor. However, the legal guardian of that
line 28 person shall make the final decision regarding the donation.
line 29 (6)The department shall collect donor designation information
line 30 on all applications for an original or renewal drivers license or
line 31 identification card.
line 32 (7)The department shall print the word DONOR or another
line 33 appropriate designation on the face of a drivers license or
line 34 identification card to a person who has indicated on the application
line 35 their intent to enroll in the organ donation program pursuant to
line 36 this section.
line 37 (8)On a weekly basis, the department shall electronically
line 38 transmit to Donate Life California, a nonprofit organization
line 39 established and designated as the California Organ and Tissue
line 40 Donor Registrar pursuant to Section 7150.90 of the Health and

94
 21 SB 179

line 1 Safety Code, all of the following information about the applicant
line 2 from every application that indicates the applicants decision to
line 3 enroll in the organ donation program:
line 4 (A)True full name.
line 5 (B)Residence or mailing address.
line 6 (C)Year of birth.
line 7 (D)California drivers license number or identification card
line 8 number.
line 9 (9)(A)A person who applies for an original or renewal drivers
line 10 license or identification card may designate a voluntary
line 11 contribution of two dollars ($2) for the purpose of promoting and
line 12 supporting organ and tissue donation. This contribution shall be
line 13 collected by the department, and treated as a voluntary contribution
line 14 to Donate Life California and not as a fee for the issuance of a
line 15 drivers license or identification card.
line 16 (B)The department may use the donations collected pursuant
line 17 to this paragraph to cover its actual administrative costs incurred
line 18 pursuant to paragraphs (6) to (8), inclusive. The department shall
line 19 deposit all revenue derived pursuant to this paragraph and
line 20 remaining after the departments deduction for administrative costs
line 21 in the Donate Life California Trust Subaccount, that is hereby
line 22 created in the Motor Vehicle Account in the State Transportation
line 23 Fund. Notwithstanding Section 13340 of the Government Code,
line 24 all revenue in this subaccount is continuously appropriated, without
line 25 regard to fiscal years, to the Controller for allocation to Donate
line 26 Life California and shall be expended for the purpose of increasing
line 27 participation in organ donation programs.
line 28 (C)The department shall transmit to the Donate Life California
line 29 Organ and Tissue Donor Registry and the appropriate policy and
line 30 fiscal committees of the Legislature an annual report, and shall
line 31 make available quarterly updates, detailing funds collected through
line 32 voluntary contributions as well as a summary of applicants,
line 33 including all of the following nonidentifiable information:
line 34 (i)Date of application.
line 35 (ii)Method of application (field office, online, or mail).
line 36 (iii)Donor registration status.
line 37 (iv)ZIP Code.
line 38 (v)Gender.
line 39 (vi)Year of birth.

94
 SB 179 22

line 1 (D)(i)The annual report to be submitted to the appropriate

line 2 policy and fiscal committees of the Legislature pursuant to
line 3 subparagraph (C) shall be submitted in compliance with Section
line 4 9795 of the Government Code.
line 5 (ii)Pursuant to Section 10231.5 of the Government Code, the
line 6 requirement for submitting the annual report to the appropriate
line 7 policy and fiscal committees of the Legislature imposed under
line 8 subparagraph (C) is inoperative four years after the date the first
line 9 annual report is due.
line 10 (10)The enrollment form shall be posted on the Internet Web
line 11 sites for the department and the California Health and Human
line 12 Services Agency.
line 13 (11)The enrollment shall constitute a legal document pursuant
line 14 to the Uniform Anatomical Gift Act (Chapter 3.5 (commencing
line 15 with Section 7150) of Part 1 of Division 7 of the Health and Safety
line 16 Code) and shall remain binding after the donors death despite any
line 17 express desires of next of kin opposed to the donation. Except as
line 18 provided in paragraph (5) of subdivision (b), the donation does
line 19 not require the consent of any other person.
line 20 (12)Donate Life California shall ensure that all additions and
line 21 deletions to the California Organ and Tissue Donor Registry,
line 22 established pursuant to Section 7150.90 of the Health and Safety
line 23 Code, shall occur within 30 days of receipt.
line 24 (13)Information obtained by Donate Life California for the
line 25 purposes of this subdivision shall be used for these purposes only
line 26 and shall not be disseminated further by Donate Life California.
line 27 (c)(1)All applications for a drivers license or identification
line 28 card shall contain a space for an applicant to indicate whether the
line 29 applicant has served in the Armed Forces of the United States and
line 30 gives consent to be contacted regarding eligibility to receive state
line 31 or federal veterans benefits. The application shall contain the
line 32 following statement:
line 33
line 34 By marking the veteran box on this application, I certify that I
line 35 am a veteran of the United States Armed Forces and that I want
line 36 to receive veterans benefits information from the California
line 37 Department of Veterans Affairs. By marking the veteran box on
line 38 this application, I also consent to DMV transmitting my name and
line 39 mailing address to the California Department of Veterans Affairs

94
 23 SB 179

line 1 for this purpose only, and I certify that I have been notified that
line 2 this transmittal will occur.
line 3
line 4 (2)The department shall collect the information obtained
line 5 pursuant to paragraph (1).
line 6 (3)As mutually agreed between the department and the
line 7 Department of Veterans Affairs, the department shall electronically
line 8 transmit to the Department of Veterans Affairs the following
line 9 information about each applicant who has identified as having
line 10 served in the Armed Forces of the United States since the last data
line 11 transfer and has consented to be contacted about veterans benefits:
line 12 (A)True full name.
line 13 (B)Mailing address.
line 14 (4)Information obtained by the Department of Veterans Affairs
line 15 for the purposes of this subdivision shall be used for the purpose
line 16 of assisting individuals to access veterans benefits and shall not
line 17 be disseminated except as needed for this purpose.
line 18 (5)Commencing November 11, 2015, an in-person application
line 19 for a drivers license or identification card shall allow an applicant
line 20 to request the word VETERAN be printed on the face of the
line 21 drivers license or identification card. A verification form shall be
line 22 developed by the Department of Veterans Affairs in consultation
line 23 with the Department of Motor Vehicles and the California
line 24 Association of County Veterans Service Officers to acknowledge
line 25 verification of veteran status. A county veterans service office
line 26 shall verify the veterans status as a veteran, sign the verification
line 27 form, and return it to the veteran. The Department of Motor
line 28 Vehicles shall accept the signed verification form as proof of
line 29 veteran status. Upon payment of the fee required pursuant to
line 30 Section 14901.1, the word VETERAN shall be printed on the
line 31 face of a drivers license or identification card, in a location
line 32 determined by the department, and issued to a person who makes
line 33 this request and presents the verification form to the department.
line 34 (d)A public entity or employee shall not be liable for loss,
line 35 detriment, or injury resulting directly or indirectly from false or
line 36 inaccurate information contained in the form provided pursuant
line 37 to subdivision (b).
line 38 (e)A contract shall not be awarded to a nongovernmental entity
line 39 for the processing of drivers licenses, unless the contract conforms

94
 SB 179 24

line 1 to all applicable state contracting laws and all applicable procedures
line 2 set forth in the State Contracting Manual.
line 3 (f)This section shall remain in effect only until January 1, 2019,
line 4 and as of that date is repealed, unless a later enacted statute that
line 5 is enacted before January 1, 2019, deletes or extends that date.
line 6 SEC. 16. Section 12811 is added to the Vehicle Code, to read:
line 7 12811. (a)(1)(A)When the department determines that the
line 8 applicant is lawfully entitled to a license, it shall issue to the person
line 9 a drivers license as applied for. The license shall state the class
line 10 of license for which the licensee has qualified and shall contain
line 11 the distinguishing number assigned to the applicant, the date of
line 12 expiration, the true full name, age, and mailing address of the
line 13 licensee, a brief description and engraved picture or photograph
line 14 of the licensee for the purpose of identification, and space for the
line 15 signature of the licensee. The applicant shall choose a gender
line 16 category of female, male, or nonbinary to be included as part of
line 17 the applicants description on the drivers license. An applicants
line 18 choice of gender category on an original, renewed, or amended
line 19 drivers license is not subject to review by the department. The
line 20 department shall adopt regulations to provide a process for an
line 21 expedient amendment to a gender category and shall not require
line 22 an applicant to provide documentation other than the request from
line 23 the applicant.
line 24 (B)Each license shall also contain a space for the endorsement
line 25 of a record of each suspension or revocation of the license.
line 26 (C)The department shall use whatever process or processes, in
line 27 the issuance of engraved or colored licenses, that prohibit, as near
line 28 as possible, the ability to alter or reproduce the license, or prohibit
line 29 the ability to superimpose a picture or photograph on the license
line 30 without ready detection.
line 31 (2)In addition to the requirements of paragraph (1), a license
line 32 issued to a person under 18 years of age shall display the words
line 33 provisional until age 18.
line 34 (b)(1)An application for an original or renewal drivers license
line 35 or identification card shall contain a space for the applicant to
line 36 enroll in the Donate Life California Organ and Tissue Donor
line 37 Registry. The application shall include check boxes for an applicant
line 38 to mark either (A) Yes, add my name to the donor registry or (B)
line 39 I do not wish to register at this time.

94
 25 SB 179

line 1 (2)The department shall inquire verbally of an applicant

line 2 applying in person for an original or renewal drivers license or
line 3 identification card at a department office as to whether the applicant
line 4 wishes to enroll in the Donate Life California Organ and Tissue
line 5 Donor Registry. Failure or refusal to answer this question or check
line 6 a box on the application form shall not be a basis for the department
line 7 to deny an applicant a drivers license or identification card.
line 8 (3)The following language shall be included with the question
line 9 required by paragraph (1):
line 10
line 11 Marking Yes adds your name to the Donate Life California
line 12 Organ and Tissue Donor Registry and a pink donor dot will
line 13 appear on your license. If you wish to remove your name from the
line 14 registry you must contact Donate Life California (see back); DMV
line 15 can remove the pink dot from your licenses but cannot remove
line 16 you from the registry.
line 17
line 18 (4)The back of the application shall contain the following
line 19 statement:
line 20
line 21 If, on the front of this form, you marked Yes to register as an
line 22 organ and tissue donor you are legally authorizing the recovery of
line 23 organs and tissues in the event of your death. Registering as a
line 24 donor will not affect your medical treatment in any way. As
line 25 outlined in the California Anatomical Gift Act, your authorization
line 26 is legally binding and, unless the donor is under 18 years of age,
line 27 your decision does not require the consent of any other person.
line 28 For registered donors under 18 years of age, the legal guardian
line 29 shall make the final donation decision. You may limit your
line 30 donation to specific organs or tissues, place usage restrictions, for
line 31 example transplantation or research, obtain more information about
line 32 donation, or remove your name from the registry on the Internet
line
33 We b site of Donate Life California:
line 34 www.donateLIFEcalifornia.org.
line 35
line 36 (5)Notwithstanding any other law, a person under 18 years of
line 37 age may register as a donor. However, the legal guardian of that
line 38 person shall make the final decision regarding the donation.

94
 SB 179 26

line 1 (6)The department shall collect donor designation information

line 2 on all applications for an original or renewal drivers license or
line 3 identification card.
line 4 (7)The department shall print the word DONOR or another
line 5 appropriate designation on the face of a drivers license or
line 6 identification card to a person who has indicated on the application
line 7 their intent to enroll in the organ donation program pursuant to
line 8 this section.
line 9 (8)On a weekly basis, the department shall electronically
line 10 transmit to Donate Life California, a nonprofit organization
line 11 established and designated as the California Organ and Tissue
line 12 Donor Registrar pursuant to Section 7150.90 of the Health and
line 13 Safety Code, all of the following information about the applicant
line 14 from every application that indicates the applicants decision to
line 15 enroll in the organ donation program:
line 16 (A)True full name.
line 17 (B)Residence or mailing address.
line 18 (C)Year of birth.
line 19 (D)California drivers license number or identification card
line 20 number.
line 21 (9)(A)A person who applies for an original or renewal drivers
line 22 license or identification card may designate a voluntary
line 23 contribution of two dollars ($2) for the purpose of promoting and
line 24 supporting organ and tissue donation. This contribution shall be
line 25 collected by the department, and treated as a voluntary contribution
line 26 to Donate Life California and not as a fee for the issuance of a
line 27 drivers license or identification card.
line 28 (B)The department may use the donations collected pursuant
line 29 to this paragraph to cover its actual administrative costs incurred
line 30 pursuant to paragraphs (6) to (8), inclusive. The department shall
line 31 deposit all revenue derived pursuant to this paragraph and
line 32 remaining after the departments deduction for administrative costs
line 33 in the Donate Life California Trust Subaccount, that is hereby
line 34 created in the Motor Vehicle Account in the State Transportation
line 35 Fund. Notwithstanding Section 13340 of the Government Code,
line 36 all revenue in this subaccount is continuously appropriated, without
line 37 regard to fiscal years, to the Controller for allocation to Donate
line 38 Life California and shall be expended for the purpose of increasing
line 39 participation in organ donation programs.

94
 27 SB 179

line 1 (C)The department shall transmit to the Donate Life California

line 2 Organ and Tissue Donor Registry and the appropriate policy and
line 3 fiscal committees of the Legislature an annual report, and shall
line 4 make available quarterly updates, detailing funds collected through
line 5 voluntary contributions as well as a summary of applicants,
line 6 including all of the following nonidentifiable information:
line 7 (i)Date of application.
line 8 (ii)Method of application (field office, online, or mail).
line 9 (iii)Donor registration status.
line 10 (iv)ZIP Code.
line 11 (v)Gender.
line 12 (vi)Year of birth.
line 13 (D)(i)The annual report to be submitted to the appropriate
line 14 policy and fiscal committees of the Legislature pursuant to
line 15 subparagraph (C) shall be submitted in compliance with Section
line 16 9795 of the Government Code.
line 17 (ii)Pursuant to Section 10231.5 of the Government Code, the
line 18 requirement for submitting the annual report to the appropriate
line 19 policy and fiscal committees of the Legislature imposed under
line 20 subparagraph (C) is inoperative four years after the date the first
line 21 annual report is due.
line 22 (10)The enrollment form shall be posted on the Internet Web
line 23 sites for the department and the California Health and Human
line 24 Services Agency.
line 25 (11)The enrollment shall constitute a legal document pursuant
line 26 to the Uniform Anatomical Gift Act (Chapter 3.5 (commencing
line 27 with Section 7150) of Part 1 of Division 7 of the Health and Safety
line 28 Code) and shall remain binding after the donors death despite any
line 29 express desires of next of kin opposed to the donation. Except as
line 30 provided in paragraph (5) of subdivision (b), the donation does
line 31 not require the consent of any other person.
line 32 (12)Donate Life California shall ensure that all additions and
line 33 deletions to the California Organ and Tissue Donor Registry,
line 34 established pursuant to Section 7150.90 of the Health and Safety
line 35 Code, shall occur within 30 days of receipt.
line 36 (13)Information obtained by Donate Life California for the
line 37 purposes of this subdivision shall be used for these purposes only
line 38 and shall not be disseminated further by Donate Life California.
line 39 (c)(1)All applications for a drivers license or identification
line 40 card shall contain a space for an applicant to indicate whether the

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line 1 applicant has served in the Armed Forces of the United States and
line 2 gives consent to be contacted regarding eligibility to receive state
line 3 or federal veterans benefits. The application shall contain the
line 4 following statement:
line 5
line 6 By marking the veteran box on this application, I certify that I
line 7 am a veteran of the United States Armed Forces and that I want
line 8 to receive veterans benefits information from the California
line 9 Department of Veterans Affairs. By marking the veteran box on
line 10 this application, I also consent to DMV transmitting my name and
line 11 mailing address to the California Department of Veterans Affairs
line 12 for this purpose only, and I certify that I have been notified that
line 13 this transmittal will occur.
line 14
line 15 (2)The department shall collect the information obtained
line 16 pursuant to paragraph (1).
line 17 (3)As mutually agreed between the department and the
line 18 Department of Veterans Affairs, the department shall electronically
line 19 transmit to the Department of Veterans Affairs the following
line 20 information about each applicant who has identified as having
line 21 served in the Armed Forces of the United States since the last data
line 22 transfer and has consented to be contacted about veterans benefits:
line 23 (A)True full name.
line 24 (B)Mailing address.
line 25 (4)Information obtained by the Department of Veterans Affairs
line 26 for the purposes of this subdivision shall be used for the purpose
line 27 of assisting individuals to access veterans benefits and shall not
line 28 be disseminated except as needed for this purpose.
line 29 (5)An in-person application for a drivers license or
line 30 identification card shall allow an applicant to request the word
line 31 VETERAN be printed on the face of the drivers license or
line 32 identification card. A verification form shall be developed by the
line 33 Department of Veterans Affairs in consultation with the
line 34 Department of Motor Vehicles and the California Association of
line 35 County Veterans Service Officers to acknowledge verification of
line 36 veteran status. A county veterans service office shall verify the
line 37 veterans status as a veteran, sign the verification form, and return
line 38 it to the veteran. The Department of Motor Vehicles shall accept
line 39 the signed verification form as proof of veteran status. Upon
line 40 payment of the fee required pursuant to Section 14901.1, the word

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line 1 VETERAN shall be printed on the face of a drivers license or

line 2 identification card, in a location determined by the department,
line 3 and issued to a person who makes this request and presents the
line 4 verification form to the department.
line 5 (d)A public entity or employee shall not be liable for loss,
line 6 detriment, or injury resulting directly or indirectly from false or
line 7 inaccurate information contained in the form provided pursuant
line 8 to subdivision (b).
line 9 (e)A contract shall not be awarded to a nongovernmental entity
line 10 for the processing of drivers licenses, unless the contract conforms
line 11 to all applicable state contracting laws and all applicable procedures
line 12 set forth in the State Contracting Manual.
line 13 (f)This section shall become operative on January 1, 2019.
line 14 SEC. 17. Section 13005 of the Vehicle Code is amended to
line 15 read:
line 16 13005. (a)The identification card shall resemble in appearance,
line 17 so far as is practicable, a drivers license issued pursuant to this
line 18 code. It shall adequately describe the applicant, bear the applicants
line 19 picture, and be produced in color or engraved by a process or
line 20 processes that prohibit, as near as possible, the ability to alter or
line 21 reproduce the identification card, or prohibit the ability to
line 22 superimpose a picture or photograph on the identification card
line 23 without ready detection.
line 24 (b)(1)Upon issuance of a new identification card, or renewal
line 25 of an identification card, the department shall provide information
line 26 on organ and tissue donation, including a standardized form to be
line 27 filled out by an individual who desires to enroll in the California
line 28 Organ and Tissue Donor Registry with instructions for mailing
line 29 the completed form to the California Organ and Tissue Donor
line 30 Registrar established pursuant to subdivision (a) of Section 7150.90
line 31 of the Health and Safety Code.
line 32 (2)The enrollment form shall be simple in design and shall be
line 33 produced by the department, in cooperation with the California
line 34 Organ and Tissue Donor Registrar, and shall require all of the
line 35 following information to be supplied by the enrollee:
line 36 (A)Date of birth, sex, full name, address, and home telephone
line 37 number.
line 38 (B)Consent for organs or tissues to be donated for transplant
line 39 after death.

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line 1 (C)Any limitation of the donation to specific organs, tissues,

line 2 or research.
line 3 (3)The form shall also include a description of the process for
line 4 having a name removed from the registry, and the process for
line 5 donating money for the benefit of the registry.
line 6 (4)The registry enrollment form shall be posted on the Internet
line 7 Web sites for the department and the California Health and Human
line 8 Services Agency.
line 9 (5)The form shall constitute a legal document under the
line 10 Uniform Anatomical Gift Act (Chapter 3.5 (commencing with
line 11 Section 7150) of Part 1 of Division 7 of the Health and Safety
line 12 Code).
line 13 (6)The registrar shall ensure that all additions and deletions to
line 14 the registry shall occur within 30 days of receipt.
line 15 (7)Information obtained by the registrar for the purposes of
line 16 this subdivision shall be used for these purposes only and shall not
line 17 further be disseminated by the registrar.
line 18 (c)A contract shall not be awarded to a nongovernmental entity
line 19 for the processing of identification cards unless the contract
line 20 conforms to all applicable state contracting laws and all applicable
line 21 procedures set forth in the State Contracting Manual.
line 22 (d)This section shall remain in effect only until January 1, 2019,
line 23 and as of that date is repealed, unless a later enacted statute that
line 24 is enacted before January 1, 2019, deletes or extends that date.
line 25 SEC. 18. Section 13005 is added to the Vehicle Code, to read:
line 26 13005. (a)The identification card shall resemble in appearance,
line 27 so far as is practicable, a drivers license issued pursuant to this
line 28 code. It shall adequately describe the applicant, bear the applicants
line 29 picture, and be produced in color or engraved by a process or
line 30 processes that prohibit, as near as possible, the ability to alter or
line 31 reproduce the identification card, or prohibit the ability to
line 32 superimpose a picture or photograph on the identification card
line 33 without ready detection. The applicant shall choose a gender
line 34 category of female, male, or nonbinary to be included as part of
line 35 the applicants description on the identification card. An applicants
line 36 choice of gender category on an original, renewed, or amended
line 37 identification card is not subject to review by the department. The
line 38 department shall adopt regulations to provide a process for an
line 39 expedient amendment to a gender category and shall not require

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line 1 an applicant to provide documentation other than the request from

line 2 the applicant.
line 3 (b)(1)Upon issuance of a new identification card, or renewal
line 4 of an identification card, the department shall provide information
line 5 on organ and tissue donation, including a standardized form to be
line 6 filled out by an individual who desires to enroll in the California
line 7 Organ and Tissue Donor Registry with instructions for mailing
line 8 the completed form to the California Organ and Tissue Donor
line 9 Registrar established pursuant to subdivision (a) of Section 7150.90
line 10 of the Health and Safety Code.
line 11 (2)The enrollment form shall be simple in design and shall be
line 12 produced by the department, in cooperation with the California
line 13 Organ and Tissue Donor Registrar, and shall require all of the
line 14 following information to be supplied by the enrollee:
line 15 (A)Date of birth, gender, full name, address, and home
line 16 telephone number.
line 17 (B)Consent for organs or tissues to be donated for transplant
line 18 after death.
line 19 (C)Any limitation of the donation to specific organs, tissues,
line 20 or research.
line 21 (3)The form shall also include a description of the process for
line 22 having a name removed from the registry, and the process for
line 23 donating money for the benefit of the registry.
line 24 (4)The registry enrollment form shall be posted on the Internet
line 25 Web sites for the department and the California Health and Human
line 26 Services Agency.
line 27 (5)The form shall constitute a legal document under the
line 28 Uniform Anatomical Gift Act (Chapter 3.5 (commencing with
line 29 Section 7150) of Part 1 of Division 7 of the Health and Safety
line 30 Code).
line 31 (6)The registrar shall ensure that all additions and deletions to
line 32 the registry shall occur within 30 days of receipt.
line 33 (7)Information obtained by the registrar for the purposes of
line 34 this subdivision shall be used for these purposes only and shall not
line 35 further be disseminated by the registrar.
line 36 (c)A contract shall not be awarded to a nongovernmental entity
line 37 for the processing of identification cards unless the contract
line 38 conforms to all applicable state contracting laws and all applicable
line 39 procedures set forth in the State Contracting Manual.
line 40 (d)This section shall become operative on January 1, 2019.

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line 1 SEC. 19. No reimbursement is required by this act pursuant to

line 2 Section 6 of Article XIIIB of the California Constitution because
line 3 the only costs that may be incurred by a local agency or school
line 4 district will be incurred because this act creates a new crime or
line 5 infraction, eliminates a crime or infraction, or changes the penalty
line 6 for a crime or infraction, within the meaning of Section 17556 of
line 7 the Government Code, or changes the definition of a crime within
line 8 the meaning of Section 6 of Article XIII B of the California
line 9 Constitution.
line 10
line 11
line 12 REVISIONS:
line 13 HeadingLine 6.
line 14

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