______
Chairman Phil MendelsonCouncilmember David A. Catania
______
Councilmember Jack Evans Councilmember Tommy Wells
______
Councilmember Mary ChehCouncilmember Kenyan McDuffie
______
Councilmember David Grosso
A BILL
______
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
______
Toamend the Vital Records Act of 1981 to require the Registrar to issue a new certificate of
birth designating a new gender for any individual who provides a written request and signed affidavit from a licensed health-care provider that the individual has undergone a gender transition, to require that an original certificate be sealed when a new certificate of birth is issued, and to amend section 16-2501 of the District of Columbia OfficialCode to exempt an individual from the publication notification requirementfor a name change that is requested in conjunction with a request to change the individual’s gender designation.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “JaParkerDeoni Jones Birth Certificate Equality Amendment Act of 2013”.
Sec. 2. The Vital Records Act of 1981, effective October 8, 1981 (D.C. Law 4-34; D.C. Official Code § 7-210 et seq.), is amended as follows:
(a)Section 18 (D.C. Official Code §7-217) is amended by adding a new subsection (d-1) to read as follows:
“(d-1)(1) Beginning upon the effective date of the Birth Certificate Equality Amendment Act of 2013, as introduced on February 18, 2013 (D.C. Bill 20-__), the Registrar shallissue a new certificate of birth that reflects the new gender designation of an individual born in the District upon receipt of:
“(A) A written request, signed under penalty of law, for a new certificate of birth from the individual or the individual’s:
“(i)Parent;
“(ii) Guardian; or
“(iii) Legal representative; and
“(B) A statement, signed under the penalty of law, by a health-care provider licensed in the District of Columbia who has treated or evaluated the individual stating that the individual has undergone surgical, hormonal, or other medically appropriate treatment for a gender transition; or
“(C) Upon the request of an individual whose certificate of birth has been amended pursuant to section 18(d).
“(2) A new certificate of birth that is issued in accordance with this subsection:
“(A)Shall be substituted for the original birth certificate;
“(B) Shall not be marked “amended” or on its face show that a change in gender has been made.
“(C) Shall not be marked “amended” or on its face show that a change in name has been made, if a change in name is requested in conjunction with a request to change the individual’s gender.
“(3) The original certificate of birth,along with any documents submitted pursuant to this subsection, shall be sealed and made available only upon the demand of the individual to whom the new certificate of birth was issued or an order of the Court.”.
Sec.3. Section 16-2502 of the District of Columbia Official Code is amended as follows:
(a) Designate the existing text as subsection (a).
(b) The newly designated subsection (a) is amended by striking the phrase “prior to” and inserting the phrase “Except as provided in subsection (b) of this section, prior to” in its place and by striking the phrase “shall be published once a week for three consecutive weeks in a newspaper in general circulation published in the District” and inserting the phrase “shall be published by the District on the Internet for three consecutive weeks” in its place.
(c) A new subsection (b) is added to read as follows:
“(b) An individual who seeks a change in gender designation pursuant to section 18shall be exempt from the publication requirement of subsection (a) of this section and shall be entitled to a hearing in Superior Court upon the filing of an application pursuant to D. C. Official Code §16-2501.”.
Sec.4. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)).
Sec. 5. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.