California 2021-2022 Regular Session Status: Enacted 8 D cosponsors

AB 439 — Certificates of death: gender identity.

Last action — Chaptered by Secretary of State - Chapter 53, Statutes of 2021.

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  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 82% · 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.

  • 14 sponsors

    1 primary, 13 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (8 D).

  • Cleared a recorded vote

    Passed 5 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 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 designates persons responsible for completing a certificate of death and the required contents of the certificate, including, but not limited to, the decedent's name, sex, race, and other relevant identifying and medical information. Certain violations of these requirements are a crime. Existing law requires a person completing the certificate of death to record the decedent's gender identity as reported by the informant, unless the person is presented with specified legal documents showing a different gender identity. Existing law requires the person completing the certificate of death to record the decedent's gender identity as indicated in the specified legal documents, or if the specified documents are not presented, as indicated by the person or a majority of persons with control over the disposition of the remains, as specified. This bill would authorize the decedent's gender identity to be recorded as female, male, or nonbinary.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 53, Statutes of 2021.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 63. Noes 0. Page 2089.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 23 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 32. Noes 6. Page 1577.).

  7. Read second time. Ordered to third reading.

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

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 9. Noes 1.) (June 10).

  11. Referred to Com. on HEALTH.

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

  13. Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 2. Page 1065.)

  14. Read second time. Ordered to third reading.

  15. From committee: Do pass. (Ayes 13. Noes 1.) (April 6).

  16. Referred to Com. on HEALTH.

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

  18. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 13 co-sponsors · 108 not signed on · 3 voted No

Sponsors (1)

Co-sponsors (13)

Not signed on (108)

108 members have not signed on to this bill.

Show all 108 →

"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

AB 439 Bauer-Kahan Concurrence in Senate Amendments

Passed 63 Yea · 0 Nay · 16 Other
Party YeaNayPresentNot Voting
Democratic 26002
Unaffiliated 35006
Republican 2008
Total 630016
% of votes cast 80%0%0%20%
How each member voted (79)
Member Party Vote
Bloom — Yea
Friedman — Yea
Cooley — Yea
Mathis — Yea
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Mayes — Yea
Nazarian — Yea
Wood — Yea
Ting — Yea
Low — Yea
Frazier — Yea
O'Donnell — Yea
Levine — Yea
Daly — Yea
Medina — Yea
Gray — Yea
Burke — Yea
Cunningham — Yea
Cooper — Yea
Chau — Yea
Smith — Not Voting
Voepel — Not Voting
Waldron — Not Voting
Kiley — Not Voting
Bigelow — Not Voting
McCarty — Not Voting
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 Not Voting
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 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
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 Yea
Patterson, Joe Republican Not Voting
Seyarto, Kelly Republican Not Voting
Valladares, Suzette Martinez Republican Yea

Official roll call →

3rd Reading AB439 Bauer-Kahan et al. By Wiener

Passed 32 Yea · 6 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 13000
Unaffiliated 18401
Republican 1201
Total 32602
% of votes cast 80%15%0%5%
How each member voted (40)
Member Party Vote
Newman — Yea
Skinner — Yea
Eggman — Yea
Atkins — Yea
Leyva — Yea
Rubio — Yea
Kamlager — Yea
Min — Yea
Glazer — Yea
Bradford — Yea
Hueso — Yea
Pan — Yea
Hertzberg — Yea
Gonzalez — Yea
Portantino — Yea
Wieckowski — Yea
Roth — Yea
Dodd — Yea
Wilk — Nay
Melendez — Nay
Nielsen — Nay
Bates — Nay
Borgeas — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
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 Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Not Voting
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Do pass

Passed 9 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 0100
Unaffiliated 6001
Democratic 3000
Total 9101
% of votes cast 82%9%0%9%
How each member voted (11)
Member Party Vote
Melendez — Not Voting
Eggman — Yea
Pan — Yea
Roth — Yea
Rubio — Yea
Gonzalez — Yea
Leyva — Yea
Hurtado, Melissa Democratic Yea
Limón, Monique Democratic Yea
Wiener, Scott D. Democratic Yea
Grove, Shannon Republican Nay

Official roll call →

AB 439 Bauer-Kahan Assembly Third Reading

Passed 65 Yea · 2 Nay · 12 Other
Party YeaNayPresentNot Voting
Democratic 26002
Unaffiliated 36104
Republican 3106
Total 652012
% of votes cast 82%3%0%15%
How each member voted (79)
Member Party Vote
Bloom — Yea
Friedman — Yea
Voepel — Yea
Cooley — Yea
Mathis — Yea
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Frazier — Yea
Levine — Yea
O'Donnell — Yea
Waldron — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Burke — Yea
Cunningham — Yea
Cooper — Yea
Chau — Yea
Bigelow — Nay
Gray — Not Voting
Smith — Not Voting
Kiley — Not Voting
Mayes — Not Voting
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
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Not Voting
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 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
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Yea
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Lackey, Tom Republican Yea
Patterson, Joe Republican Not Voting
Seyarto, Kelly Republican Not Voting
Valladares, Suzette Martinez Republican Yea

Official roll call →

Do pass.

Passed 13 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10100
Democratic 3000
Republican 0001
Total 13101
% of votes cast 87%7%0%7%
How each member voted (15)
Member Party Vote
Wood — Yea
Maienschein — Yea
McCarty — Yea
Waldron — Yea
Burke — Yea
Nazarian — Yea
Mayes — Yea
Santiago — Yea
Rodriguez — Yea
Bigelow — Nay
Luz Rivas — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Bonta, Mia Democratic Yea
Carrillo, Juan Democratic Yea
Flora, Heath Republican Not Voting

Official roll call →

Subjects

civil-rights
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Frequently asked questions

What does AB 439 do?
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 designates persons responsible for completing a certificate of death and the required contents of the certificate, including, but not limited to, the decedent's name, sex, race, and other relevant identifying and medical information. Certain violations of these requirements are a crime. Existing law requires a person completing the certificate of death to record the decedent's gender identity as reported by the informant, unless the person is presented with specified legal documents showing a different gender identity. Existing law requires the person completing the certificate of death to record the decedent's gender identity as indicated in the specified legal documents, or if the specified documents are not presented, as indicated by the person or a majority of persons with control over the disposition of the remains, as specified. This bill would authorize the decedent's gender identity to be recorded as female, male, or nonbinary.
Who sponsors AB 439?
AB 439 is sponsored by Bauer-Kahan, Rebecca (Democratic), Cervantes, Sabrina (Democratic), Chiu, Friedman, Lee, Alex (Democratic), Low, Ward, Christopher M. (Democratic), Atkins, Eggman, Laird, John (Democratic), Wiener, Scott D. (Democratic), Rubio, Blanca E. (Democratic), Garcia, Robert (Democratic), and Mark Stone.
What is the current status of AB 439?
This bill has been enacted into law. Introduced February 04, 2021. Enacted.
Where can I track AB 439?
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