California 2025-2026 Regular Session

California Senate Bill SB313 Latest Draft

Bill / Amended Version Filed 03/26/2025

                            Amended IN  Senate  March 26, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 313Introduced by Senator CervantesFebruary 10, 2025 An act to add Section 102425.3 to the Health and Safety Code, relating to vital records. LEGISLATIVE COUNSEL'S DIGESTSB 313, as amended, Cervantes. Vital records: birth certificates.Existing law requires each live birth to be registered with the local registrar of births and deaths for the district in which the birth occurred, and prescribes specified information to be listed on a certificate of live birth, including the full name and sex of the child and the full name, birthplace, and date of birth of each parent. Existing law requires the State Registrar to appoint a Vital Statistics Advisory Committee, which, among other things, is required to review and make recommendations to the State Registrar as to proposals for addition or deletion of items on the certificate of live birth and advise the State Registrar on the content and format of the certificate. Existing law requires the State Registrar to publish within 30 days of receipt of recommendations by the committee, both a list of the recommendations adopted and a list of the recommendations not adopted, with reasons for the action.This bill would state the intent of the Legislature to enact legislation that would require a certificate of live birth to include a statement that the child is a citizen of the United States by virtue of their birth within California.This bill would require the State Registrar, notwithstanding the above provisions, to modify the certificate of live birth to include a statement that a person is a citizen of the United States upon their birth in the United States.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) The Fourteenth Amendment to the United States Constitution clearly states that individuals born in the United States are citizens of the United States.(b) This is the clear understanding of the Framers of the Fourteenth Amendment, as confirmed by the United States Supreme Court in the landmark case United States v. Wong Kim Ark (1898) 169 U.S. 649.(c) The passage and enactment of this bill does not imply that individuals whose birth certificates were issued before its enactment are not citizens of the United States.(d) Every individual born in California whose birth certificate was issued by the State before the enactment of this bill was granted United States citizenship by virtue of their birth in the United States.SEC. 2. Section 102425.3 is added to the Health and Safety Code, to read:102425.3. Notwithstanding Sections 102465 and 102470, the State Registrar shall modify the certificate of live birth to include a statement that a person is a citizen of the United States upon their birth in the United States.SECTION 1.It is the intent of the Legislature to enact legislation that would require a certificate of live birth to include a statement that the child is a citizen of the United States by virtue of their birth within California. This legislation would reaffirm the longstanding legal principle that a person born in California is a citizen of the United States, as intended by the framers of the Fourteenth Amendment and confirmed by the United States Supreme Court in United States v. Wong Kim Ark (1898) 169 U.S. 649.

 Amended IN  Senate  March 26, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 313Introduced by Senator CervantesFebruary 10, 2025 An act to add Section 102425.3 to the Health and Safety Code, relating to vital records. LEGISLATIVE COUNSEL'S DIGESTSB 313, as amended, Cervantes. Vital records: birth certificates.Existing law requires each live birth to be registered with the local registrar of births and deaths for the district in which the birth occurred, and prescribes specified information to be listed on a certificate of live birth, including the full name and sex of the child and the full name, birthplace, and date of birth of each parent. Existing law requires the State Registrar to appoint a Vital Statistics Advisory Committee, which, among other things, is required to review and make recommendations to the State Registrar as to proposals for addition or deletion of items on the certificate of live birth and advise the State Registrar on the content and format of the certificate. Existing law requires the State Registrar to publish within 30 days of receipt of recommendations by the committee, both a list of the recommendations adopted and a list of the recommendations not adopted, with reasons for the action.This bill would state the intent of the Legislature to enact legislation that would require a certificate of live birth to include a statement that the child is a citizen of the United States by virtue of their birth within California.This bill would require the State Registrar, notwithstanding the above provisions, to modify the certificate of live birth to include a statement that a person is a citizen of the United States upon their birth in the United States.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO 

 Amended IN  Senate  March 26, 2025

Amended IN  Senate  March 26, 2025

 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION

 Senate Bill 

No. 313

Introduced by Senator CervantesFebruary 10, 2025

Introduced by Senator Cervantes
February 10, 2025

 An act to add Section 102425.3 to the Health and Safety Code, relating to vital records. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 313, as amended, Cervantes. Vital records: birth certificates.

Existing law requires each live birth to be registered with the local registrar of births and deaths for the district in which the birth occurred, and prescribes specified information to be listed on a certificate of live birth, including the full name and sex of the child and the full name, birthplace, and date of birth of each parent. Existing law requires the State Registrar to appoint a Vital Statistics Advisory Committee, which, among other things, is required to review and make recommendations to the State Registrar as to proposals for addition or deletion of items on the certificate of live birth and advise the State Registrar on the content and format of the certificate. Existing law requires the State Registrar to publish within 30 days of receipt of recommendations by the committee, both a list of the recommendations adopted and a list of the recommendations not adopted, with reasons for the action.This bill would state the intent of the Legislature to enact legislation that would require a certificate of live birth to include a statement that the child is a citizen of the United States by virtue of their birth within California.This bill would require the State Registrar, notwithstanding the above provisions, to modify the certificate of live birth to include a statement that a person is a citizen of the United States upon their birth in the United States.

Existing law requires each live birth to be registered with the local registrar of births and deaths for the district in which the birth occurred, and prescribes specified information to be listed on a certificate of live birth, including the full name and sex of the child and the full name, birthplace, and date of birth of each parent. Existing law requires the State Registrar to appoint a Vital Statistics Advisory Committee, which, among other things, is required to review and make recommendations to the State Registrar as to proposals for addition or deletion of items on the certificate of live birth and advise the State Registrar on the content and format of the certificate. Existing law requires the State Registrar to publish within 30 days of receipt of recommendations by the committee, both a list of the recommendations adopted and a list of the recommendations not adopted, with reasons for the action.

This bill would state the intent of the Legislature to enact legislation that would require a certificate of live birth to include a statement that the child is a citizen of the United States by virtue of their birth within California.



This bill would require the State Registrar, notwithstanding the above provisions, to modify the certificate of live birth to include a statement that a person is a citizen of the United States upon their birth in the United States.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) The Fourteenth Amendment to the United States Constitution clearly states that individuals born in the United States are citizens of the United States.(b) This is the clear understanding of the Framers of the Fourteenth Amendment, as confirmed by the United States Supreme Court in the landmark case United States v. Wong Kim Ark (1898) 169 U.S. 649.(c) The passage and enactment of this bill does not imply that individuals whose birth certificates were issued before its enactment are not citizens of the United States.(d) Every individual born in California whose birth certificate was issued by the State before the enactment of this bill was granted United States citizenship by virtue of their birth in the United States.SEC. 2. Section 102425.3 is added to the Health and Safety Code, to read:102425.3. Notwithstanding Sections 102465 and 102470, the State Registrar shall modify the certificate of live birth to include a statement that a person is a citizen of the United States upon their birth in the United States.SECTION 1.It is the intent of the Legislature to enact legislation that would require a certificate of live birth to include a statement that the child is a citizen of the United States by virtue of their birth within California. This legislation would reaffirm the longstanding legal principle that a person born in California is a citizen of the United States, as intended by the framers of the Fourteenth Amendment and confirmed by the United States Supreme Court in United States v. Wong Kim Ark (1898) 169 U.S. 649.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares all of the following:(a) The Fourteenth Amendment to the United States Constitution clearly states that individuals born in the United States are citizens of the United States.(b) This is the clear understanding of the Framers of the Fourteenth Amendment, as confirmed by the United States Supreme Court in the landmark case United States v. Wong Kim Ark (1898) 169 U.S. 649.(c) The passage and enactment of this bill does not imply that individuals whose birth certificates were issued before its enactment are not citizens of the United States.(d) Every individual born in California whose birth certificate was issued by the State before the enactment of this bill was granted United States citizenship by virtue of their birth in the United States.

SECTION 1. The Legislature finds and declares all of the following:(a) The Fourteenth Amendment to the United States Constitution clearly states that individuals born in the United States are citizens of the United States.(b) This is the clear understanding of the Framers of the Fourteenth Amendment, as confirmed by the United States Supreme Court in the landmark case United States v. Wong Kim Ark (1898) 169 U.S. 649.(c) The passage and enactment of this bill does not imply that individuals whose birth certificates were issued before its enactment are not citizens of the United States.(d) Every individual born in California whose birth certificate was issued by the State before the enactment of this bill was granted United States citizenship by virtue of their birth in the United States.

SECTION 1. The Legislature finds and declares all of the following:

### SECTION 1.

(a) The Fourteenth Amendment to the United States Constitution clearly states that individuals born in the United States are citizens of the United States.

(b) This is the clear understanding of the Framers of the Fourteenth Amendment, as confirmed by the United States Supreme Court in the landmark case United States v. Wong Kim Ark (1898) 169 U.S. 649.

(c) The passage and enactment of this bill does not imply that individuals whose birth certificates were issued before its enactment are not citizens of the United States.

(d) Every individual born in California whose birth certificate was issued by the State before the enactment of this bill was granted United States citizenship by virtue of their birth in the United States.

SEC. 2. Section 102425.3 is added to the Health and Safety Code, to read:102425.3. Notwithstanding Sections 102465 and 102470, the State Registrar shall modify the certificate of live birth to include a statement that a person is a citizen of the United States upon their birth in the United States.

SEC. 2. Section 102425.3 is added to the Health and Safety Code, to read:

### SEC. 2.

102425.3. Notwithstanding Sections 102465 and 102470, the State Registrar shall modify the certificate of live birth to include a statement that a person is a citizen of the United States upon their birth in the United States.

102425.3. Notwithstanding Sections 102465 and 102470, the State Registrar shall modify the certificate of live birth to include a statement that a person is a citizen of the United States upon their birth in the United States.

102425.3. Notwithstanding Sections 102465 and 102470, the State Registrar shall modify the certificate of live birth to include a statement that a person is a citizen of the United States upon their birth in the United States.



102425.3. Notwithstanding Sections 102465 and 102470, the State Registrar shall modify the certificate of live birth to include a statement that a person is a citizen of the United States upon their birth in the United States.



It is the intent of the Legislature to enact legislation that would require a certificate of live birth to include a statement that the child is a citizen of the United States by virtue of their birth within California. This legislation would reaffirm the longstanding legal principle that a person born in California is a citizen of the United States, as intended by the framers of the Fourteenth Amendment and confirmed by the United States Supreme Court in United States v. Wong Kim Ark (1898) 169 U.S. 649.