Date: 03/26/2015

Final
BILL SUMMARY for HB15-1265

HOUSE COMMITTEE ON HEALTH, INSURANCE, & ENVIRONMENT

Votes: View--> Action Taken:
Adopt amendment L.005 (Attachment E). This motion
Adopt amendment L.010 (Attachment D). The motion p
Adopt amendment L.011 (Attachment C). The motion p
Refer House Bill 15-1265, as amended, to the Commi
PASS
PASS
PASS



01:34 PM -- HB 15-1265

Representative Moreno presented House Bill 15-1265. The bill creates the 2015 Birth Certificate Modernization Act. The act requires that the state registrar within the Department of Public Health and Environment issue new birth certificates to any person born in Colorado who has a gender different from the gender denoted on that person's birth certificate. To do so, the state registrar must receive:

• a written request, signed under penalty of law, from the person or the person's parents, guardian, or legal representative, if he or she is a minor, and
• a statement, signed under penalty of law, from a licensed health care provider stating that the person has undergone surgical, hormonal, or other treatment appropriate for that person for the purpose of gender transition, based on contemporary medical standards or that the person has an intersex condition, and specifies that in the provider's professional opinion the person's gender designation should be changed.

If a new birth certificate is issued, the certificate must reflect any legal name change that had been made before, simultaneous to, or after the change in gender designation. The state registrar may not disclose information relating to a gender correction, including to other government employees, unless required in order to conduct official business. Any new birth certificate issued by the state registrar will supercede the original birth certificate and will not be marked as amended. The bill requires the state registrar to seal the original birth certificate and all records related to the issuance of the new birth certificate. Records may only be opened through an order of the courts of competent jurisdiction or the written request of the person. Persons who currently reside in Colorado but who were born in another state or in a foreign jurisdiction may request a decree from a court in Colorado if such a decree is required to issue an amended birth certificate in the place of their birth.

01:37 PM

Representative Moreno responded to questions about the bill.

01:46 PM -- Dr. Anna Wegleitner, representing herself, testified in support of the bill. She discussed her experience caring for transgender patients. She outlined the reasons why a transgender person may not have surgery as part of his or her transition. Dr. Wegleitner answered questions about her patients, medical diagnoses related to gender identity, and the bill.

01:58 PM -- Sara Connell, representing herself, testified in support of the bill. She shared her personal experience as a transgender person. Ms. Connell answered questions about the current processes for changing one's gender on a driver's license or passport. She answered questions about birth certificates. Ms. Connell and Representative Moreno continued to respond to questions from the committee.

02:11 PM -- Dr. Sarah Burgamy, representing herself, testified in support of the bill. She discussed her experience providing care to transgender patients. She discussed gender identity. Dr. Burgamy answered questions about the term "gender variance" and how the bill could eliminate barriers for transgender persons. Dr. Burgamy responded to questions about bullying of transgender youth, gender identity, and the bill. In response to a question, Dr. Burgamy discussed intersex conditions.

02:27 PM

In response to a question, Representative Moreno discussed amendment L.007 (Attachment A). Dr. Burgamy continued to respond to questions from the committee members.

150326 AttachA.pdf150326 AttachA.pdf

02:30 PM -- Todd Garrity, representing himself, testified in support of the bill. He shared his personal experience being a transgender person. Mr. Garrity answered questions about the current processes for changing gender information on birth certificates and other documents. He answered questions about hormonal treatments for transgender individuals.

02:39 PM -- Ron Hyman, Colorado Department of Public Health and Environment, testified in support of the bill. He explained how birth certificates are used to obtain other identity documents. He referenced California's law that is similar to House Bill 15-1265. Mr. Hyman answered questions about which other states have similar laws and the gender identification on death certificates.

02:47 PM -- Shari Zabel, representing herself, testified in support of the bill. She shared her personal experience being a transgender person. Ms. Zabel answered questions about the bill and gender identity.

03:00 PM -- Benjamin Taylor, representing himself, testified in support of the bill. He shared his personal experience being the father of a transgender child. In response to a question, Mr. Taylor discussed puberty blocking medication and the ability of his daughter to get a passport that reflects her gender. He continued to answer questions from the committee members.

03:10 PM -- Dr. Michael Caruso, representing himself, testified in support of the bill. He discussed his experience caring for transgender patients and Colorado's current process for changing one's gender identity on a birth certificate. Dr. Caruso and Representative Moreno answered questions about suicide rates among transgender individuals.

03:19 PM -- Dave Montez, One Colorado, testified in support of the bill. He relayed statistics about transgender individuals. He discussed Colorado's current process for changing one's gender on a birth certificate. Mr. Montez answered questions about the bill.

03:23 PM -- Sarah Spears, American Civil Liberties Union of Colorado, testified in support of the bill. She discussed issues that incongruent identity documents can cause for transgender individuals.

03:27 PM -- Amber Garcia, Colorado Organization for Latina Opportunity and Reproductive Rights, testified on the bill. She discussed the discrimination that transgender individuals can experience and how the bill could benefit transgender individuals. Representative Moreno answered questions about the bill.

03:32 PM -- Michael Norton, representing Colorado Family Action and Alliance Defending Freedom, testified in opposition to the bill. He provided a written statement (Attachment B) to the committee. Mr. Norton answered questions about his testimony and possible issues with fraud concerning changing information on a birth certificate. Committee discussion with Mr. Norton ensued.

150326 AttachB.pdf150326 AttachB.pdf

03:47 PM -- Courtney Gray, The Center, testified on the bill. She discussed issues that transgender individuals face. Ms. Gray responded to questions about her personal experience as a transgender person.

03:53 PM -- Katelyn Monk-McKenzie, representing herself, testified on the bill. She shared her experience as a mother of a transgender child.

03:55 PM -- Eric Kluzek, representing himself, testified on the bill. He shared his experience being a father of a transgender child. Mr. Kluzek answered questions about the bill and the information on a birth certificate.


04:03 PM

Representative Moreno explained amendment L.011 (Attachment C), and stated that it replaces amendment L.007.

150326 AttachC.pdf150326 AttachC.pdf

04:05 PM

Representative Landgraf discussed amendment L.010 (Attachment D). Representative Moreno commented on amendment L.010.

150326 AttachD.pdf150326 AttachD.pdf

04:06 PM

Representative Klingenschmitt discussed amendment L.005 (Attachment E). Representative Moreno commented on amendment L.005. The committee discussed amendment L.005.

150326 AttachE.pdf150326 AttachE.pdf

04:14 PM

Representative Moreno commented on the bill.

04:16 PM -- Debbie Haskins, Office of Legislative Legal Services, answered questions about amendment L.005. Representative Moreno commented on amendment L.005. The committee continued to dialogue about amendment L.005.
BILL:HB15-1265
TIME: 04:24:36 PM
MOVED:Klingenschmitt
MOTION:Adopt amendment L.005 (Attachment E). This motion was withdrawn.
SECONDED:
VOTE
Brown
Esgar
Humphrey
Klingenschmitt
Landgraf
Lontine
Mitsch Bush
Primavera
Ransom
Ryden
Saine
Ginal
McCann
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


BILL:HB15-1265
TIME: 04:25:06 PM
MOVED:Landgraf
MOTION:Adopt amendment L.010 (Attachment D). The motion passed on a vote of 9-4.
SECONDED:McCann
VOTE
Brown
No
Esgar
Yes
Humphrey
No
Klingenschmitt
No
Landgraf
Yes
Lontine
Yes
Mitsch Bush
Yes
Primavera
Yes
Ransom
No
Ryden
Yes
Saine
Yes
Ginal
Yes
McCann
Yes
YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:HB15-1265
TIME: 04:26:12 PM
MOVED:Landgraf
MOTION:Adopt amendment L.011 (Attachment C). The motion passed on a vote of 8-5.
SECONDED:McCann
VOTE
Brown
No
Esgar
Yes
Humphrey
No
Klingenschmitt
No
Landgraf
Yes
Lontine
Yes
Mitsch Bush
Yes
Primavera
Yes
Ransom
No
Ryden
Yes
Saine
No
Ginal
Yes
McCann
Yes
YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS



04:27 PM

Committee members commented on the bill.
BILL:HB15-1265
TIME: 04:40:31 PM
MOVED:McCann
MOTION:Refer House Bill 15-1265, as amended, to the Committee of the Whole. The motion passed on a vote of 8-5.
SECONDED:Esgar
VOTE
Brown
No
Esgar
Yes
Humphrey
No
Klingenschmitt
No
Landgraf
Yes
Lontine
Yes
Mitsch Bush
Yes
Primavera
Yes
Ransom
No
Ryden
Yes
Saine
No
Ginal
Yes
McCann
Yes
Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS




04:41 PM

The committee recessed.