California 2021-2022 Regular Session Status: Enacted 1 D cosponsors

AB 421 — Change of gender and sex identifier.

Last action — Chaptered by Secretary of State - Chapter 40, Statutes of 2022.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 04, 2021. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 10 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law authorizes a person to file a petition with the superior court seeking a judgment recognizing their change of gender to female, male, or nonbinary. Under existing law, if the person whose gender is to be changed is under 18 years of age, the petition is required to be signed by at least one of the minor's parents or a guardian or attorney of the minor, or if both parents are deceased and there is no guardian of the minor, by a near relative or friend of the minor. Under existing law, to be operative January 1, 2023, if the petition does not include a signature from one of those persons, the court is required to make an order directing the person or persons whose required signatures are not on the petition to show cause why the petition should not be granted by filing a written objection, as specified. This bill, instead, would require the court to make that order if the petition is not signed by all living parents, and would require the order to direct the parent or parents who did not sign the petition to show cause why the petition should not be granted by filing a written objection, as specified. Existing law requires, if the petition is filed by a guardian appointed by the juvenile court or the probate court, by a court-appointed dependency attorney appointed as a guardian ad litem, or by an attorney for a minor who is alleged or adjudged to be a ward of the court, and if either or both parents are deceased or cannot be located, the guardian to cause, not less than 30 days before the hearing, a notice of the time and place of the hearing or a copy of the order to show cause to be served on the child's grandparents, as specified. This bill would instead, in those circumstances, require the court to 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 should not be granted within 6 weeks, as specified. The bill would additionally make other technical changes. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 40, Statutes of 2022.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 57. Noes 1.).

  5. From committee: That the Senate amendments be concurred in. (Ayes 9. Noes 1.) (June 14).

  6. Joint Rule 62(a), file notice suspended. (Ayes 42. Noes 14.)

  7. Re-referred to Com. on JUD. pursuant to Assembly Rule 77.2.

  8. In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 11 pursuant to Assembly Rule 77.

  9. Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 29. Noes 8. Page 4128.).

  10. Read second time and amended. Ordered to third reading.

  11. From committee: Amend, and do pass as amended. (Ayes 8. Noes 0.) (May 31).

  12. Re-referred to Com. on JUD.

  13. Re-referred to Com. on RLS pursuant to Senate Rule 29.10(c).

  14. Read second time and amended. Ordered returned to second reading.

  15. Ordered to second reading.

  16. From inactive file.

  17. Ordered to inactive file at the request of Senator Hertzberg.

  18. From special consent calendar.

  19. Ordered to special consent calendar.

  20. Read second time. Ordered to third reading.

  21. From committee: Do pass. (Ayes 7. Noes 0.) (August 26).

  22. In committee: Referred to suspense file.

  23. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  24. From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 16). Re-referred to Com. on APPR.

  25. Referred to Com. on ED.

  26. In Senate. Read first time. To Com. on RLS. for assignment.

  27. Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 1761.)

  28. Read second time. Ordered to third reading.

  29. Read second time and amended. Ordered returned to second reading.

  30. From committee: Amend, and do pass as amended. (Ayes 16. Noes 0.) (May 20).

  31. In committee: Set, first hearing. Referred to APPR. suspense file.

  32. From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (March 24). Re-referred to Com. on APPR.

  33. Referred to Com. on HIGHER ED.

  34. From printer. May be heard in committee March 7.

  35. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 57 Yea · 1 Nay · 22 Other
Party YeaNayPresentNot Voting
Democratic 30002
Unaffiliated 271011
Republican 0009
Total 571022
% of votes cast 71%1%0%28%
How each member voted (80)
Member Party Vote
Bloom — Yea
Friedman — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Mayes — Yea
Nazarian — Yea
Low — Yea
O'Donnell — Yea
Levine — Yea
Waldron — Yea
Medina — Yea
Gray — Yea
Cunningham — Yea
Cooper — Yea
Smith — Nay
Voepel — Not Voting
Cooley — Not Voting
Mathis — Not Voting
Bigelow — Not Voting
Kiley — Not Voting
Ting — Not Voting
Daly — Not Voting
McCarty — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Jim Patterson — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Not Voting
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Not Voting
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Not Voting
Flora, Heath Republican Not Voting
Gallagher, James Republican Not Voting
Lackey, Tom Republican Not Voting
Seyarto, Kelly Republican Not Voting
Valladares, Suzette Martinez Republican Not Voting

Official roll call →

Passed 9 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Democratic 5000
Republican 0100
Total 9101
% of votes cast 82%9%0%9%
How each member voted (11)
Member Party Vote
Bloom — Yea
Maienschein — Yea
Cunningham — Yea
Kiley — Not Voting
Mark Stone — Yea
Haney, Matt Democratic Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Wilson, Lori D. Democratic Yea
Davies, Laurie Republican Nay

Official roll call →

Passed 29 Yea · 8 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 18500
Democratic 11002
Republican 0301
Total 29803
% of votes cast 73%20%0%8%
How each member voted (40)
Member Party Vote
Dodd — Yea
Kamlager — Yea
Roth — Yea
Wieckowski — Yea
Eggman — Yea
Bradford — Yea
Pan — Yea
Leyva — Yea
Hueso — Yea
Hertzberg — Yea
Atkins — Yea
Min — Yea
Newman — Yea
Portantino — Yea
Glazer — Yea
Skinner — Yea
Gonzalez — Yea
Rubio — Yea
Bates — Nay
Nielsen — Nay
Wilk — Nay
Borgeas — Nay
Melendez — Nay
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Not Voting
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Not Voting

Official roll call →

Do pass as amended

Passed 8 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 5001
Unaffiliated 3001
Republican 0001
Total 8003
% of votes cast 73%0%0%27%
How each member voted (11)
Member Party Vote
Hertzberg — Yea
Wieckowski — Yea
Gonzalez — Yea
Borgeas — Not Voting
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 4000
Republican 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Kamlager — Yea
Portantino — Yea
Bates — Yea
Bradford — Yea
Laird, John Democratic Yea
McGuire, Mike Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Placed on suspense file

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Republican 1000
Democratic 1000
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Kamlager — Yea
Portantino — Yea
Wieckowski — Yea
Bradford — Yea
Bates — Not Voting
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 3000
Democratic 2000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Glazer — Yea
Pan — Yea
Leyva — Yea
Cortese, Dave Democratic Yea
McGuire, Mike Democratic Yea
Dahle, Megan Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Passed 79 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 28000
Unaffiliated 41000
Republican 10000
Total 79000
% of votes cast 100%0%0%0%
How each member voted (79)
Member Party Vote
Bloom — Yea
Mullin — Yea
Holden — Yea
Jones-Sawyer — Yea
Wood — Yea
Smith — Yea
Cunningham — Yea
Cooper — Yea
Voepel — Yea
Cooley — Yea
Maienschein — Yea
Rodriguez — Yea
Kiley — Yea
Nazarian — Yea
Ting — Yea
O'Donnell — Yea
Waldron — Yea
Medina — Yea
McCarty — Yea
Friedman — Yea
Bigelow — Yea
Chiu — Yea
Rendon — Yea
Villapudua — Yea
Salas — Yea
Quirk — Yea
Low — Yea
Levine — Yea
Daly — Yea
Gray — Yea
Burke — Yea
Mathis — Yea
Santiago — Yea
Mayes — Yea
Frazier — Yea
Chau — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Do pass as amended.

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8000
Democratic 6000
Republican 2000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Levine — Yea
Holden — Yea
Quirk — Yea
Bigelow — Yea
Chau — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea

Official roll call →

Passed 12 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 4000
Republican 2000
Unaffiliated 6000
Total 12000
% of votes cast 100%0%0%0%
How each member voted (12)
Member Party Vote
Kiley — Yea
Medina — Yea
Levine — Yea
Low — Yea
Bloom — Yea
Santiago — Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Gabriel, Jesse Democratic Yea
Irwin, Jacqui Democratic Yea
Choi, Steven S. Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 421 do?
Existing law authorizes a person to file a petition with the superior court seeking a judgment recognizing their change of gender to female, male, or nonbinary. Under existing law, if the person whose gender is to be changed is under 18 years of age, the petition is required to be signed by at least one of the minor's parents or a guardian or attorney of the minor, or if both parents are deceased and there is no guardian of the minor, by a near relative or friend of the minor. Under existing law, to be operative January 1, 2023, if the petition does not include a signature from one of those persons, the court is required to make an order directing the person or persons whose required signatures are not on the petition to show cause why the petition should not be granted by filing a written objection, as specified. This bill, instead, would require the court to make that order if the petition is not signed by all living parents, and would require the order to direct the parent or parents who did not sign the petition to show cause why the petition should not be granted by filing a written objection, as specified. Existing law requires, if the petition is filed by a guardian appointed by the juvenile court or the probate court, by a court-appointed dependency attorney appointed as a guardian ad litem, or by an attorney for a minor who is alleged or adjudged to be a ward of the court, and if either or both parents are deceased or cannot be located, the guardian to cause, not less than 30 days before the hearing, a notice of the time and place of the hearing or a copy of the order to show cause to be served on the child's grandparents, as specified. This bill would instead, in those circumstances, require the court to 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 should not be granted within 6 weeks, as specified. The bill would additionally make other technical changes. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 421?
AB 421 is sponsored by Ward, Christopher M. (Democratic).
What is the current status of AB 421?
This bill has been enacted into law. Introduced February 04, 2021. Enacted.
Where can I track AB 421?
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