Status: Several legislators were interested and the bill made it to the Legislative Counsel’s office but did not get an author in 2013-2014 legislative cycle. We are working on securing an author for the 2014-2015 legislative cycle.

Tentative Bill Language:

AB-###, [Author]. Recognition and Inclusion Gender Equality Act

Existing law sets forth the requirements and procedures for requesting a gender on California Driver Licenses and Identification Cards different from that identified on an approved document. (CCR § 20.05. Gender Change.) Existing law authorizes the Department of Motor Vehicles to grant the Gender Change by requiring the applicant to submit a Medical Certification and Authorization (Gender Change), form DL 329 completed by a physician or psychologist licensed in the United States certifying the applicant’s gender identification, demeanor and whether the gender change is transitional or complete.

This bill would provide that if an applicant requesting a gender change on their driver license under the existing law has a gender identification which is neither male nor female, whether by reason of being born intersex or by having a gender identity and expression that is intergender/genderqueer, the Department of Motor Vehicles is required to grant the applicant a License or Identification Card which contains neither “F” for female nor “M” for male. The requirements for completion of the Medical Certification by a physician or psychologist would be equivalent to those currently required for Transgender persons.

Nothing in this bill requires expenditure of funds to change existing technology systems to allow for a non-binary sex/gender designation, however as state agencies update their info technology systems they must make capacity for non-binary sex/gender designation. This bill would impose a state-mandated program by requiring the State to adopt rules and regulations governing technology and systems used by the state or any political subdivision that provide individuals born intersex or having a non-binary gender identity with identification that is equivalent to that provided to individuals who are male or female.  It would require the State to obtain recommendations from representatives of intersex and genderqueer consumer organizations, experts in software and hardware design, and other individuals or organizations the State deems appropriate.

This bill would further impose a state-mandated program requiring that state and local agencies tracking sex or gender do so using technology which allows for a sex/gender designation which is neither “F” for female nor “M” for male.  This bill would provide that an agency is not required to comply with this requirement unless sufficient funds are available to implement that provision.  This bill would authorize any person injured by a violation of the requirements of this bill to maintain an action for injunctive relief, within specified time limits.

The bill would authorize the Office of Administrative Law to update California Code of Regulations § 20.05. Gender Change and/or to add additional CCR sections, and/or to update Medical Certification and Authorization (Gender Change), form DL 329 and/or to create a new form to allow for the recognition and inclusion of those persons with a gender which is neither male nor female. The Office of Administrative Law may choose to implement this requirement by one of the following means: the license of the applicant may contain either an “X” or an “I” or no character at all following “SEX:” or the SEX designation may be completely removed from the license of the applicant or from all driver’s licenses.