Existing law establishes the Clean Cars 4 All Program, which is administered by the State Air Resources Board, to focus on achieving reductions in the emissions of greenhouse gases, improvements in air quality, and benefits to low-income state residents through the replacement of high-polluter motor vehicles with cleaner and more efficient motor vehicles or a mobility option. Existing law requires the state board to set goals for the replacement of trucks and passenger vehicles that are high polluters.

This bill would make nonsubstantive changes to this provision.

Date of Hearing: May 3, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 1585

Author:(Ward) – As Amended Ver:March 16, 2023

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

If a court approves a petition for a person’s name change, this bill requires the court to provide the person with up to three free copies of the order granting the petition.

FISCAL EFFECT:

Costs of an unknown but potentially significant amount to the courts (Trial Court Trust Fund) in lost fee revenue and direct costs to provide additional copies of name change orders. The Judicial Council was unable to estimate court costs for complying with this bill because the number of name change petitions that will be granted in the future is unknown, and there is no available data on the number of name change petitions granted previously in California. Currently, superior courts charge $40 for each certified copy of a court record like a name change order. If 10,000 people in California had their name change petitions granted and were provided two free copies of their name change order rather than purchasing two certified copies from the court, this bill would eliminate $800,000 in court revenue. Direct costs to the court for providing additional copies of name change orders are likely lower, but may still be significant depending on the number of additional copies provided.

COMMENTS:

1. Author’s Statement. According to the author:

For transgender and gender non-conforming individuals, the process of updating their vital records after successfully obtaining an approved court order can be an expensive process due to the requirement of multiple court verified copies. Without these certified copies, individuals can end up with incongruent identification documents such as their driver's license, passport, or social security card. AB 1585 removes financial barriers for individuals to update their vital records by providing, at no cost, up to three court certified copies of the order granting the petition for change of name at the time of approval.

1. Background. A 2020 UCLA School of Law Williams Institute study estimated that there are more than 218,000 transgender people in California. As noted in the Assembly Committee on the Judiciary analysis of this bill, it can be costly and onerous for transgender and gender non-conforming people to legally change their names.

Currently, if a petitioner files a petition for a change of name and the court issues an order granting their petition, the petitioner receives one free copy of the order from the court. The petitioner may obtain additional copies of the name change order from the clerk of the court for $40 per copy. This bill requires courts to provide three free copies of an order granting a name change, rather than just one, to a petitioner.

The projected costs to the courts for complying with this bill are somewhat speculative because there is no reliable data about the number of name change petitions granted in the past, and the number of future petitions granted cannot be predicted. Although the intent of this bill is focused – with good reason – on the barriers to transition faced by transgender and gender non-conforming people, this bill would provide additional free copies of name change orders to any petitioner, regardless why they sought a name change, potentially resulting in greater costs statewide. Also of note: $25 of the $40 fee currently charged for certified copies of court orders is used to fund the Sargent Shriver Civil Counsel Act, which provides funding for legal representation for low-income litigants. Reduced revenues from certified copy fees may impact funding for the Shriver program.

Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081

Date of Hearing: March 28, 2023

ASSEMBLY COMMITTEE ON JUDICIARY

Brian Maienschein, Chair

ABPCA Bill Id:AB 1585

Author:(Ward) – As Amended Ver:March 16, 2023

SUBJECT: Name changes: copies of order granting petition

KEY ISSUE: in order to reduce the potentially significant costs associated with changing one’s name to conform to ONE’s gender identity, should a petitioner for a change of name be provided with three free copies of the court order granting their petition?

SYNOPSIS

The legal process of changing one’s name to conform to one’s gender identity can be expensive. In addition to court filing fees, and any legal fees associated with retaining counsel to file the petition seeking a name change, costs can also grow if a person needs additional copies of the order granting their name change. Indeed, the cost to search for, certify, and copy court records can easily exceed 50 dollars per copy, depending on the length of a given order. Unfortunately, multiple copies of the order granting a name change are frequently needed in order for a person who obtained a name change to have other government agencies make conforming updates to government documents ranging from drivers’ licenses and passports to Social Security cards. Given the court costs associated with obtaining these copies, this can add several hundred dollars or more to the costs associated with changing one’s name. This straightforward and seemingly uncontroversial measure would help reduce the financial burden of changing one’s name by increasing the number of free copies of the name change order provided by the court from one to three. This measure can save Californians hundreds of dollars or more when seeking to change their name to match their gender identity. This measure has no official support or opposition.

SUMMARY: Provides for three free copies of the order granting a petition for a change of name to automatically be given to the petitioner upon the court’s approval of the petition.

EXISTING LAW:

1. Establishes that the fee for certifying a copy of any paper, record, or proceeding on file in the office of the clerk of any court is to be forty dollars ($40). (Government Code Section 70626 (a)(4).)
2. Requires the clerk of the court to charge fifty cents ($0.50) per page to cover the cost of preparing copies of any record, proceeding, or paper on file in the clerk’s office. (Government Code Section 70627 (a).)
3. Provides that the fee for a search of records or files conducted by a court employee that requires more than 10 minutes is fifteen dollars ($15) for each search. (Government Code Section 70627 (c).)
4. Requires all applications for changes of names to be made in the superior court of the county where the person whose name is to be changed resides by either of the following methods:
   1. By petition signed by the person or, if the person is under 18 years of age, by one of the person’s parents, by any guardian of the person; or
   2. If both parents are deceased and there is no guardian of the person, then by some near relative or friend of the person, as specified. (Code of Civil Procedure Section 1276 (a).)
5. Requires, upon the application described in 4), the court to make an order reciting the filing of the petition, the name of the person by whom it is filed, and the name proposed, and order all persons interested in the matter to appear before the court at a time and place specified, which is not to be less than 6 weeks nor more than 12 weeks from the time of making the order, unless the court orders a different time, to show cause why the application for change of name should not be granted. (Code of Civil Procedure Section 1277 (a)(1).)
6. Requires the court to direct all persons interested in the matter described in 4) to make known any objection that they may have to the granting of the petition for change of name by filing a written objection, which includes the reasons for the objection, with the court at least two court days before the matter is scheduled to be heard and by appearing in court at the hearing to show cause why the petition for change of name should not be granted. (Ibid.)
7. Provides that a petition for a court order to recognize a change in the petitioner’s gender and sex identifier as female, male, or nonbinary and to direct the issuance of new administrative documents to reflect those changes must be accompanied by an affidavit from the petitioner and a certified copy of the court order changing the petitioner’s name, if applicable. The petitioner’s affidavit must be accepted as conclusive proof of gender change if it contains substantially the following language: “I, (petitioner’s full name), hereby attest under penalty of perjury that the request for a change in gender to (female, male, or nonbinary) is to conform my legal gender to my gender identity and is not for any fraudulent purpose.” (Health and Safety Code Section 103430 (a).)
8. Requires if the person whose gender is to be changed in accordance with 4) is under 18 years of age, the petition must be signed by either of the following:
   1. By at least one of the minor’s parents, any guardian of the minor, or a specified person; or
   2. If both parents are deceased and there is no guardian of the minor, by either a near relative or friend of the minor. (Health and Safety Code Section 103430 (b)(1).)
9. Requires, if the person whose gender is to be changed in accordance with 4), requests in their petition the issuance of a new marriage license and certificate or confidential marriage license and certificate to be signed by the spouse who shares the marriage license and certificate or confidential marriage license and certificate that would be changed by granting the petition if the spouse is living and capable of signing the petition or, if not signed by a living and capable spouse, notice to be given to the nonsigning spouse. (Health and Safety Code Section 103430 (b)(2).)
10. Provides that if a petition to recognize a change of gender of a minor does not include the signature of all living parents, then upon receipt of the petition, the court must make an order directing the parent or parents who did not sign the petition to show cause as to why the petition for a court order to recognize a change in the minor’s gender and sex identifier to female, male, or nonbinary should not be granted by filing a written objection, which includes any reasons for the objection, within six weeks of the making of the order, and state that if no objection showing good cause to oppose the gender recognition is timely filed, the court must, without hearing, enter the order that the gender and sex identifier recognition is granted. (Health and Safety Code Section 103430 (e)(1).)
11. Provides that if a petition to recognize a change of gender of a minor is filed, and all parents are deceased or cannot be located, then upon receipt of the petition, the court must make an order directing the living grandparents to show cause why the petition for a court order to recognize a change in the minor’s gender and sex identifier to female, male, or nonbinary should not be granted by filing a written objection, which includes any reasons for the objection, within six weeks of the making of the order, and state that if no objection showing good cause to oppose the gender recognition is timely filed, the court must, without hearing, enter the order that the gender and sex identifier recognition is granted. (Health and Safety Code Section 103430 (e)(2).)
12. Requires, if the person whose gender is to be changed requests in their petition the issuance of a new birth certificate for their adult child the petition must be signed by the child whose birth certificate would be changed by granting the petition if the child is 18 years of age or older. (Health and Safety Code Section 103430 (b)(3).)
13. Requires that if the petition and the order to show cause is made in accordance with 10) or 11) it must be served on the required person or persons who did not sign the petition, as specified, within four weeks from the date on which the order is made by the court, and that if service cannot reasonably be accomplished, the court may order that service be accomplished in a manner that the court determines is reasonably calculated to give actual notice to the person who did not sign the petition. (Health and Safety Code Section 103430 (f).)
14. Provides that, in lieu of separate proceedings, a single petition may be filed with the superior court to change the petitioner’s name and recognize the change to the petitioner’s gender and sex identifier and, if requested, to order the issuance of a new birth certificate, marriage license and certificate, confidential marriage license and certificate, or birth certificate of the petitioner’s child. (Health and Safety Code Section 103435 (a).)
15. Specifies the procedure for alerting various state agencies of a petitioner’s successfully approved new name, gender and sex identifier. (Health and Safety Code Section 103435 (b).)

FISCAL EFFECT: As currently in print this bill is keyed fiscal.

COMMENTS: Changing one’s legal name to match one’s gender identity can be a costly process. A person, unless they can obtain a fee waiver, must pay initial filing fees, and upon receiving a court order changing their name, pay for any copies of the order necessary to prompt other government agencies to update their records to reflect the name change. This modest bill would increase the number of free copies of an order granting a name change petition provided by the court to the petitioner from one to three. In support of this bill, the author states:

For transgender and gender non-conforming individuals, the process of updating their vital records after successfully obtaining an approved court order can be an expensive process due to the requirement of multiple court verified copies. Without these certified copies, individuals can end up with incongruent identification documents such as their driver's license, passport, or social security card.

AB 1585 removes financial barriers for individuals to update their vital records by providing, at no cost, up to three court certified copies of the order granting the petition for change of name at the time of approval.

Background on name change and the procedures. It is well-established in the common law that a person has the right to change their name. (In re Ross (1937) 8 Cal.2d 608, 609.) Although the statutory procedure is merely a way to record that name change, a formal process is generally required to change a person’s other identity documents, such as a California’s driver’s license, a U.S. passport, or a Social Security record. Under the statutory framework, a person seeking a name change files a petition with the court and the court thereafter issues an order to show cause (an order that provides other parties with notice about the opportunity to object to the name change petition at a scheduled hearing). In many cases, the order to show cause must be published in a newspaper of general circulation. If no objections are filed with the court, the court may grant the name change petition without a hearing. The name change procedures can vary slightly for certain individuals deemed to be at risk by the courts or the Legislature (e.g., minors, victims of domestic violence, and transgender individuals).

Existing name change and gender change procedures for transgender individuals. In 2013, the Legislature enacted AB 1121 (Atkins), Chap. 651, Stats. 2013, which reduced burdens for transgender individuals seeking a name change. AB 1121 required a court to grant a petition for a change of name that sought to conform an individual’s name to the individual’s gender identity without a hearing if no timely objection were made. The legislation also exempted such requests from the publication requirement. AB 1121 created an administrative process by which California-born individuals could submit an affidavit of a physician attesting that they have undergone clinically appropriate treatment for the purpose of a gender transition directly to the State Registrar (along with a fee) and thereby change the person’s gender on the person’s birth certificate. This eliminated the need for the court to review a gender change petition, simplifying the process for transgender individuals to update the gender marker on their birth certificates and therefore allowing persons to more easily update their birth certificate to match their gender identity.

In 2017, SB 179 (Atkins), Chap. 853, Stats. 2017, streamlined these processes even further and updated the required documentation to reflect an evolved understanding of gender identity. The bill created a standalone statute governing legal name changes that were sought to conform a person’s legal gender with their gender identity. The new provision requires the court to make an order reciting the filing of the person’s petition. It provided that if no objection were received to the proposed name change, the court would be required to grant the name change. There is no requirement for publication. A hearing is not set unless a timely objection shows good reason against the change of name. In addition, realizing the reality that gender identity is not contingent on whether an individual has received any medical treatment for purposes of a gender transition, SB 179 removed the requirement that individuals submit medical documentation in order to change their gender on a birth certificate or to obtain a court-ordered gender change. A person instead must provide an affidavit in which the person attests, under penalty of perjury, that the request for a change in gender is to conform the person’s legal gender to the person’s gender identity. For a court-ordered gender change, the court is required to accept the individual’s affidavit as conclusive proof of gender change.

SB 179 also required the State Registrar to issue a new birth certificate, reflecting a change of gender, without a court order for any person born in this state who submits directly to the State Registrar an application to change the gender on the birth certificate and an affidavit attesting under penalty of perjury that (1) the request for a change of gender is to conform the person's legal gender to the person's gender identity, and (2) is not made for any fraudulent purpose. In 2021, AB 218 (Ward) Chap. 577, Stats. 2021 aligned the process for updating marriage certificates of transgender individuals and the birth certificates of their children with the process for updating their own birth certificate.

Court costs can add up and make accessing documents difficult for lower income Californians seeking access to vital records. The author notes that gathering documents from California’s courts can be an expensive undertaking. As it pertains to obtaining one’s official approval of a petition for a name change, although the court provides one free copy, additional copies cost 25 dollars for court verification, in addition to the 50 cent per page fee that the court imposes for copying the document. Should a court official require more than ten minutes to search for and obtain the original document, the court is entitled to impose an additional 15 dollar fee to reimburse the court for the time their employee spent doing a seemingly basic function of their job. Given that multiple copies of these documents frequently are necessary in order to submit the proper documentation to other governmental agencies, including the Social Security Administration, Department of Motor Vehicles, and the Secretary of State to update documents ranging from a driver license to a passport, the costs can quickly grow. Given that many transgender individuals also face discrimination in employment, finding an extra several hundred dollars to obtain these documents may be unduly burdensome.

This bill. At the conclusion of the process for changing one’s name described above, the court issues an order granting the name change. As noted, copies of the order must be provided to various other government and private entities to update official records. To aid in the process of updating other records, this measure provides a petitioner with three copies of the order granting their change of name upon the court’s approval of their petition. By providing two additional free copies of these documents, this straightforward bill seeks to alleviate the financial burden of changing one’s name to comport with their gender identity.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file

Opposition

None on file

Analysis Prepared by: Nicholas Liedtke / JUD. / (916) 319-2334