Date: 04/15/2015

Final
BILL SUMMARY for HB15-1265

SENATE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
Postpone House Bill 15-1265 indefinitely using a r
Refer House Bill 15-1265 to the Committee of the W
FAIL



03:06 PM -- HB15-1265

Senator Ulibarri, sponsor, presented House Bill 15-1265. The reengrossed bill creates the 2015 Birth Certificate Modernization Act. The act requires that the state registrar within the Department of Public Health and Environment (CDPHE) 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 medical or mental health care provider licensed in good standing 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. The state registrar may contact the medical or mental health care provider to verify the statement.

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, except for a person who is under eighteen years of age. After a person who was issued a new birth certificate is eighteen years of age or older, the person may request that their records be sealed. The state registrar must then seal the original birth certificate and all records relating 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.

Senator Ulibarri explained that the bill eliminates a bureaucratic and invasive process. He discussed the importance of birth certificates as identification documents.

03:11 PM -- Dr. Sarah Burgamy, representing herself as a psychologist, testified in support of the bill. She described her work in the field of gender identity, and she discussed the role of gender identity in various areas of life. She stated that surgical and hormonal measures may not be medically indicated in some cases.

03:15 PM -- Leo Kattari, representing himself, testified in support of the bill. He discussed his experience as a transgender person, noting that the gender markers on his identity documents do not match his current identity.

03:18 PM -- Benjamin Taylor, representing himself, testified in support of the bill. He discussed his experience raising a transgender child. He noted the importance of removing barriers to his daughter's ability to live her life.

03:21 PM -- Ron Hyman, state Registrar of Vital Statistics representing CDPHE, testified in support of the bill. He explained that a birth certificate is the foundational document of an individual's identity. He stated that the bill most closely mirror's California's law regarding transgender birth certificates, and he explained that California's process has not been costly or subject to abuse.

Committee members discussed with Mr. Hyman current procedure for transgender individuals to change their birth certificates.

03:27 PM -- Shari Zabel, representing herself, testified in support of the bill. She discussed her experience as a transgender individual and her service in the military.

03:31 PM -- Patti O'Rourke, representing herself, testified in support of the bill and discussed her transgender son and the challenges he experienced in school.

03:35 PM -- Erik Kluzek, representing himself, testified in support of the bill and discussed his transgender daughter and her current birth certificate.

03:40 PM -- Dr. Mark Thrun, representing Denver Health and Denver Public Health, testified in support of the bill and discussed the role of hospitals in determining gender on birth certificates.

03:45 PM -- Kate Inskeep, representing herself, spoke in support of the bill and discussed her transgender son and the challenges he experienced in school. She also discussed the challenges of changing his birth certificate.

03:49 PM -- Shanna Trujillo, representing herself, testified in support of the bill and discussed her transgender son.

03:54 PM -- Todd Garrity, representing himself, testified in support of the bill and discussed his experience as a transgender man.

03:58 PM -- Karen Axe, representing herself, testified in support of the bill and discussed her transgender daughter.

04:02 PM -- Shannon Axe, representing herself, testified in support of the bill and discussed her experience as a transgender woman.

04:04 PM -- DJ, representing himself, testified in support of the bill and discussed his experience as a transgender man. He also requested not to give additional information about his identity on the testimony sheet.

04:08 PM -- Suzuho Shimasaki, representing the Health Equity Commission at the CDPHE and the Mile High Japanese American Citizen League, testified in support of the bill.

04:12 PM -- Steve Wagner, representing himself, testified in support of the bill and discussed his transgender son.

04:17 PM -- Michael Norton, representing Alliance Defending Freedom, testified against the bill and provided a written copy of his testimony (Attachment C).

15SenateState0415AttachC.pdf15SenateState0415AttachC.pdf

04:22 PM -- Lora Thomas, representing herself, testified against the bill and discussed her former experience as coroner. She also explained how the bill would create challenges for coroners and law enforcement.


04:26 PM

The committee recessed.


04:28 PM

The committee reconvened.

04:28 PM -- Xander Fager, representing himself, spoke in support of the bill and discussed his experience as a transgender man.

04:31 PM -- Courtney Gray, representing herself, spoke in support of the bill and discussed her experience as a transgender woman.

04:35 PM -- Sara Spears, representing the American Civil Liberties Union, spoke in support of the bill and identified other states that have adopted laws similar to the bill. She also responded to prior testimony against the bill.

04:38 PM -- Dave Montez, representing One Colorado, testified in support of the bill.

04:40 PM -- Dr. Kate McKenzie, representing herself, testified in support of the bill and discussed the experience of her adopted transgender children.


04:44 PM

Senator Ulibarri wrapped up his presentation of the bill. He responded to questions from the committee about current law concerning gender reassignment and the impact of the bill. Committee discussion on the bill followed.
BILL:HB15-1265
TIME: 05:03:18 PM
MOVED:Ulibarri
MOTION:Refer House Bill 15-1265 to the Committee of the Whole. The motion failed on a vote of 2-3.
SECONDED:
VOTE
Hill
No
Jones
Yes
Ulibarri
Yes
Sonnenberg
No
Scott
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB15-1265
TIME: 05:03:53 PM
MOVED:Sonnenberg
MOTION:Postpone House Bill 15-1265 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. The motion passed on a vote of 3-2.
SECONDED:
VOTE
Hill
Jones
Ulibarri
Sonnenberg
Scott
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:



05:04 PM

The committee recessed.