Bill Text: CA AB1577 | 2013-2014 | Regular Session | Chaptered
Bill Title: Certificates of death: gender identity.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2014-09-26 - Chaptered by Secretary of State - Chapter 631, Statutes of 2014. [AB1577 Detail]
Download: California-2013-AB1577-Chaptered.html
BILL NUMBER: AB 1577 CHAPTERED
BILL TEXT
CHAPTER 631
FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2014
APPROVED BY GOVERNOR SEPTEMBER 26, 2014
PASSED THE SENATE AUGUST 27, 2014
PASSED THE ASSEMBLY AUGUST 28, 2014
AMENDED IN SENATE AUGUST 22, 2014
AMENDED IN SENATE AUGUST 19, 2014
AMENDED IN SENATE JUNE 3, 2014
AMENDED IN ASSEMBLY MARCH 19, 2014
INTRODUCED BY Assembly Member Atkins
(Coauthor: Assembly Member Ammiano)
(Coauthor: Senator Leno)
JANUARY 30, 2014
An act to amend Section 102875 of the Health and Safety Code,
relating to certificates of death.
LEGISLATIVE COUNSEL'S DIGEST
AB 1577, Atkins. Certificates of death: gender identity.
Existing law establishes the State Department of Public Health
under the direction of the State Public Health Officer. Existing law
sets forth its powers and duties of the State Public Health Officer,
including, but not limited to, designation as the State Registrar of
Vital Statistics, having supervisory powers over local registrars and
responsible for the uniform and thorough enforcement of provisions
relating to the registration of certain vital statistics.
Existing law requires that each death be registered with the local
registrar of births and deaths in the district in which the death
was officially pronounced or the body was found. Existing law sets
forth the persons responsible for completing the certificate of death
and the required contents of the certificate, including, but not
limited to, the decedent's name, sex, and birthplace. Certain
violations of these requirements are a crime.
This bill would, commencing July 1, 2015, require a person
completing the certificate of death to record the decedent's sex to
reflect the decedent's gender identity. The bill would require the
decedent's gender identity to be reported by the informant, unless
the person completing the certificate is presented with a specified
document, in which case the person completing the certificate would
be required to record the decedent's sex as that which corresponds to
the decedent's gender identity as indicated in that document. The
bill would provide that if none of the specified documents are
presented and the person with the right, or a majority of persons who
have equal rights, to control the disposition of the remains is in
disagreement with the gender identity reported by the informant, the
gender identity of the decedent recorded on the death certificate is
to be as reported by that person or majority of persons. The bill
would also provide that if none of the specified documents are
presented and a majority of persons who have equal rights to control
the disposition of the remains do not agree on the gender identity of
the decedent as reported by the informant, any one of those persons
may petition the court to determine who among those persons will
determine the gender identity of the decedent, as specified.
This bill would, commencing July 1, 2015, grant immunity from
liability for costs or damages arising from any claims based upon a
person entering a decedent's gender as required by this bill. The
bill would also require a person completing the death certificate to
satisfy certain data and certification requirements, as specified,
using the information available to him or her prior to the deadlines
for completion.
By changing the definition of existing crimes, and by increasing
the responsibility of local officials, this bill would impose a
state-mandated local program.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be cited, as the
Respect After Death Act.
SEC. 2. Section 102875 of the Health and Safety Code is amended to
read:
102875. The certificate of death shall be divided into two
sections.
(a) The first section shall contain those items necessary to
establish the fact of the death, including all of the following and
those other items as the State Registrar may designate:
(1) (A) Personal data concerning decedent including full name,
sex, color or race, marital status, name of spouse, date of birth and
age at death, birthplace, usual residence, and occupation and
industry or business.
(B) Commencing July 1, 2015, a person completing the certificate
shall record the decedent's sex to reflect the decedent's gender
identity. The decedent's gender identity shall be reported by the
informant, unless the person completing the certificate is presented
with a birth certificate, a driver's license, a social security
record, a court order approving a name or gender change, a passport,
an advanced health care directive, or proof of clinical treatment for
gender transition, in which case the person completing the
certificate shall record the decedent's sex as that which corresponds
to the decedent's gender identity as indicated in that document. If
none of these documents are presented and the person with the right,
or a majority of persons who have equal rights, to control the
disposition of the remains pursuant to Section 7100 is in
disagreement with the gender identity reported by the informant, the
gender identity of the decedent recorded on the death certificate
shall be as reported by that person or majority of persons.
(C) Commencing July 1, 2015, if a document specified in
subparagraph (B) is not presented and a majority of persons who have
equal rights to control the disposition of the remains pursuant to
Section 7100 do not agree with the gender identity of the decedent as
reported by the informant, any one of those persons may file a
petition, in the superior court in the county in which the decedent
resided at the time of his or her death, or in which the remains are
located, naming as a party to the action those persons who otherwise
have equal rights to control the disposition and seeking an order of
the court determining, as appropriate, who among those parties shall
determine the gender identity of the decedent.
(D) Commencing July 1, 2015, a person completing the death
certificate in compliance with subparagraph (B) is not liable for any
damages or costs arising from claims related to the sex of the
decedent as entered on the certificate of death.
(E) Commencing July 1, 2015, a person completing the death
certificate shall comply with the data and certification requirements
described in Section 102800 by using the information available to
him or her prior to the deadlines for completion specified in that
section.
(2) Date of death, including month, day, and year.
(3) Place of death.
(4) Full name of father and birthplace of father, and full maiden
name of mother and birthplace of mother.
(5) Informant.
(6) Disposition of body information including signature and
license number of embalmer if body embalmed or name of embalmer if
affixed by attorney-in-fact; name of funeral director, or person
acting as such; and date and place of interment or removal.
Notwithstanding any other provision of law to the contrary, an
electronic signature substitute, or some other indicator of
authenticity, approved by the State Registrar may be used in lieu of
the actual signature of the embalmer.
(7) Certification and signature of attending physician and surgeon
or certification and signature of coroner when required to act by
law. Notwithstanding any other provision of law to the contrary, the
person completing the portion of the certificate setting forth the
cause of death may attest to its accuracy by use of an electronic
signature substitute, or some other indicator of authenticity,
approved by the State Registrar in lieu of a signature.
(8) Date accepted for registration and signature of local
registrar. Notwithstanding any other provision of law to the
contrary, the local registrar may elect to use an electronic
signature substitute, or some other indicator of authenticity,
approved by the State Registrar in lieu of a signature.
(b) The second section shall contain those items relating to
medical and health data, including all of the following and other
items as the State Registrar may designate:
(1) Disease or conditions leading directly to death and antecedent
causes.
(2) Operations and major findings thereof.
(3) Accident and injury information.
(4) Information indicating whether the decedent was pregnant at
the time of death, or within the year prior to the death, if known,
as determined by observation, autopsy, or review of the medical
record. This paragraph shall not be interpreted to require the
performance of a pregnancy test on a decedent, or to require a review
of medical records in order to determine pregnancy.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
