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h_jud_2017a_2017-03-09t13:33:43z1 Hearing Summary

Date: 03/09/2017

Location: HCR 0112

Final

BILL SUMMARY for HB17-1122



HOUSE COMMITTEE ON JUDICIARY


Votes: View--> Action Taken:
Refer House Bill 17-1122 to the Committee of the W PASS







01:51 PM -- HB17-1122



The committee returned to order. Representative Esgar, prime sponsor, presented House Bill 17-1122, concerning the issuance of a new birth certificate with a gender designation that differs from the gender designated on the person's original birth certificate. Representative Esgar explained the effect of the bill and discussed its need. The following persons testified regarding HB 17-1122:



01:57 PM --
Dana Erpelding, representing the Department of Public Health and Environment, testified in support of the bill. Ms. Erpelding explained how the department would process gender changes for birth certificates under the bill, and discussed health issues faced by the transgender community. Ms. Erpelding addressed potential concerns with the legislation. Ms. Erpelding responded to questions regarding how a name change would take place for a transgendered person under the bill.



02:01 PM --
Dr. Sarah Burgamy, representing herself, testified in support of the bill. Dr. Burgamy discussed the phenomenon of gender identity, and the importance of having documentation that aligns with one's identity.



02:05 PM --
Jenna and Jude Clinchard, representing themselves, testified in support of the bill. Jenna Clinchard discussed the transitioning of her daughter, and the benefits of passing HB 17-1122. Jude Clinchard discussed transitioning, and the benefits of passing the bill. Jude Clinchard responded to a question regarding how she would feel were the bill to pass.



02:10 PM --
Sara Connell, representing herself, testified in support of HB 17-1122. Ms. Connell recounted her experiences growing up, and explained how being able to change identity documents would be beneficial.



02:14 PM --
Emma Shinn, representing herself, testified in support of the bill. Ms. Shinn explained why surgery should not be necessary to change gender identity on a birth certificate, and discussed the benefits of passing the bill. Discussion ensued regarding insurance complications associated with transgender issues, and certain record-sealing issues.



02:20 PM --
Todd Garrity, representing himself, testified in support of the bill. Mr. Garrity discussed crimes committed against the transgender community, and the importance of creating a safe environment in the court system.



02:23 PM --
Angelica Medrano, representing herself, testified in support of HB 17-1122. Ms. Medrano discussed the gender identity of her child, and explained how allowing birth certificate changes would be beneficial.



02:28 PM --
Shari Zabel, representing herself, testified in support of the bill. Ms. Zabel discussed discrimination faced by certain communities, and explained how aligning documentation with gender helps to prevent discrimination. Ms. Zabel responded to questions regarding insurance coverage.



02:33 PM --
Macy Shaffler, representing herself, testified in support of HB 17-1122. Ms. Shaffler discussed her experiences growing up transgendered.



02:37 PM --
Brooke Baxa, representing himself, testified in support of the bill. Mr. Baxa discussed challenges he has faced, and the benefits of updating a birth certificate to reflect gender.



02:41 PM --
Courtney Gray, representing herself, testified in support of the bill. Ms. Gray discussed issues presented by documentation not matching gender identity.



02:44 PM --
Megan Malinaric read the testimony of Dr. Michelle Cretella in opposition to the bill. Ms. Malinaric responded to questions regarding cases of fraud associated with birth certificate gender, and other claims made in Dr. Cretella's testimony. Committee members received copies of Dr. Cretella's testimony (Attachment B).



17HouseJud0309AttachB.pdf17HouseJud0309AttachB.pdf



02:56 PM --
Preston Branaugh read the testimony of Lora Thomas, Douglas County Commissioner, in opposition to the bill. Committee members received copies of Ms. Thomas' testimony (Attachment C).



17HouseJud0309AttachC.pdf17HouseJud0309AttachC.pdf



03:01 PM --
Stephanie Curry, representing the Family Policy Alliance, testified in opposition to the bill. Ms. Curry outlined three reasons why the alliance is opposed to the bill. Committee members received copies of Ms. Curry's testimony (Attachment D). Ms. Curry responded to questions regarding actions taken by the federal Social Security Administration pertaining to gender identity, and security issues surrounding the gender marker on birth certificates. She responded to questions regarding fraud occurring in other states with laws similar to HB 17-1122. Discussion ensued regarding potential fraud issues surrounding the bill, and assertions of vagueness covered in Ms. Curry's testimony. Ms. Curry responded to questions regarding the black market associated with birth certificates. Discussion returned to evidence of fraud associated with the ability to change a birth certificate based on gender identity.



17HouseJud0309AttachD.pdf17HouseJud0309AttachD.pdf



03:15 PM --
Jack Teter, representing himself, testified in support of the bill. Mr. Teter discussed issues he has encountered in trying to secure changes to documentation while transitioning. Mr. Teter responded to questions regarding these bureaucratic encounters, and the costs associated with navigating them.



03:24 PM --
Rachel Clark, representing the Colorado Women's Bar Association, testified in support of the bill. Ms. Clark discussed barriers to gender reassignment surgery, and documentation that does not require surgery to change gender identification. She responded to questions raised during earlier testimony, and the legal requirements for changing one's name.



03:38 PM --
Laura MacWaters, representing herself, testified in support of the bill. Ms. MacWaters discussed her attempts to have her birth certificate changed, and noted some specific effects of the bill.



03:42 PM --
Sheri Proctor, representing herself, testified in support of the bill. Ms. Proctor provided clarification about testimony provided earlier.



03:47 PM --
Sara Odendahl, representing the American Academy of Pediatricians, testified on the bill from a neutral position.



03:48 PM --
Victoria Bard, representing herself, testified in support of the bill. Ms. Bard discussed issues associated with changing a birth certificate. Ms. Bard distributed a letter about her child's medical condition (Attachment E).



17HouseJud0309AttachE.pdf17HouseJud0309AttachE.pdf



03:59 PM --
Karen Langsley, representing the LGBT Bar Association, testified in support of HB 17-1122. Ms. Langlsley rebutted previous testimony, and provided clarification. Ms. Langsley responded to questions regarding certain judicial ramifications of the bill.





04:14 PM



Representative Esgar provided closing remarks in support of HB 17-1122. Various committee members provided their positions on the legislation.

BILL: HB17-1122
TIME: 04:15:47 PM
MOVED: Salazar
MOTION: Refer House Bill 17-1122 to the Committee of the Whole. The motion passed on a vote of 7-4.
SECONDED: Herod
VOTE
Benavidez
Yes
Carver
No
Foote
Yes
Herod
Yes
Lundeen
No
Melton
Yes
Weissman
Yes
Willett
No
Wist
No
Salazar
Yes
Lee
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS







04:24 PM



The committee recessed.