Add files via upload

assets/data-leg/clean_line_0093_df.csv

@@ -0,0 +1,280 @@
+text
+enrolled copy s b
+
+
+birth certificate modifications
+general session
+state of utah
+chief sponsor daniel mccay
+house sponsor brady brammer
+
+long title
+general description
+this bill enacts provisions regarding amending birth certificates
+highlighted provisions
+this bill
+modifies the rulemaking authority of the department of health and human services
+department regarding when an error or omission to a vital record may be
+corrected
+allows the department to amend a birth certificate without a court order under
+certain circumstances
+creates the procedure a court must follow to grant a petition to amend the sex
+designation of a birth certificate
+requires the court to appoint a guardian ad litem before granting a petition to amend
+the sex designation of a birth certificate
+requires the department to issue an amended birth certificate that does not identify
+the fields that were amended and
+requires the department to issue an amendment history with a birth certificate
+money appropriated in this bill
+none
+other special clauses
+this bill provides a special effective date
+this bill provides a coordination clause
+
+utah code sections affected
+amends
+as last amended by laws of utah chapter
+as last amended by laws of utah chapter
+repeals and reenacts
+as last amended by laws of utah chapter
+
+be it enacted by the legislature of the state of utah
+section section is amended to read
+definitions
+as used in this chapter
+adoption document means an adoption related document filed with the office a
+petition for adoption a decree of adoption an original birth certificate or evidence submitted
+in support of a supplementary birth certificate
+biological sex at birth means an individual s sex as being male or female
+according to distinct reproductive roles as manifested by sex and reproductive organ anatomy
+chromosomal makeup and endogenous hormone profiles
+certified nurse midwife means an individual who
+a is licensed to practice as a certified nurse midwife under title chapter a
+nurse midwife practice act and
+b has completed an education program regarding the completion of a certificate of
+death developed by the department by rule made in accordance with title g chapter utah
+administrative rulemaking act
+custodial funeral service director means a funeral service director who
+a is employed by a licensed funeral establishment and
+b has custody of a dead body
+dead body or decedent means a human body or parts of the human body
+
+from the condition of which it reasonably may be concluded that death occurred
+dead fetus means a product of human conception other than those
+circumstances described in subsection
+a of weeks gestation or more calculated from the date the last normal menstrual
+period began to the date of delivery and
+b that was not born alive
+declarant father means a male who claims to be the genetic father of a child
+and along with the biological mother signs a voluntary declaration of paternity to establish the
+child s paternity
+dispositioner means
+a a person designated in a written instrument under subsection as
+having the right and duty to control the disposition of the decedent if the person voluntarily
+acts as the dispositioner or
+b the next of kin of the decedent if
+i a a person has not been designated as described in subsection a or
+b the person described in subsection a is unable or unwilling to exercise
+the right and duty described in subsection a and
+ii the next of kin voluntarily acts as the dispositioner
+fetal remains means
+a an aborted fetus as that term is defined in section or
+b a miscarried fetus as that term is defined in section
+file means the submission of a completed certificate or other similar
+document record or report as provided under this chapter for registration by the state registrar
+or a local registrar
+funeral service director means the same as that term is defined in section
+
+health care facility means the same as that term is defined in section
+
+
+health care professional means a physician physician assistant nurse
+practitioner or certified nurse midwife
+intersex individual means an individual who
+a is born with external biological sex characteristics that are irresolvably ambiguous
+b is born with xx chromosomes with virilization
+c is born with xy chromosomes with undervirilization
+d has both ovarian and testicular tissue or
+e has been diagnosed by a physician based on genetic or biochemical testing with
+abnormal
+i sex chromosome structure
+ii sex steroid hormone production or
+iii sex steroid hormone action for a male or female
+licensed funeral establishment means
+a if located in utah a funeral service establishment as that term is defined in section
+that is licensed under title chapter funeral services licensing act or
+b if located in a state district or territory of the united states other than utah a
+funeral service establishment that complies with the licensing laws of the jurisdiction where the
+establishment is located
+live birth means the birth of a child who shows evidence of life after the
+child is entirely outside of the mother
+local registrar means a person appointed under subsection b
+nurse practitioner means an individual who
+a is licensed to practice as an advanced practice registered nurse under title
+chapter b nurse practice act and
+b has completed an education program regarding the completion of a certificate of
+death developed by the department by administrative rule made in accordance with title g
+
+chapter utah administrative rulemaking act
+office means the office of vital records and statistics within the
+department of health operating under title chapter utah vital statistics act
+physician means a person licensed to practice as a physician or osteopath
+in this state under title chapter utah medical practice act or title chapter
+utah osteopathic medical practice act
+physician assistant means an individual who
+a is licensed to practice as a physician assistant under title chapter a utah
+physician assistant act and
+b has completed an education program regarding the completion of a certificate of
+death developed by the department by administrative rule made in accordance with title g
+chapter utah administrative rulemaking act
+presumed father means the father of a child conceived or born during a
+marriage as defined in section
+registration or register means acceptance by the local or state registrar
+of a certificate and incorporation of the certificate into the permanent records of the state
+state registrar means the state registrar of vital records appointed under
+subsection e
+vital records means
+a registered certificates or reports of birth death fetal death marriage divorce
+dissolution of marriage or annulment
+b amendments to any of the registered certificates or reports described in subsection
+a
+c an adoption document and
+d other similar documents
+vital statistics means the data derived from registered certificates and
+reports of birth death fetal death induced termination of pregnancy marriage divorce
+
+dissolution of marriage or annulment
+section section is amended to read
+correction of errors or omissions in vital records conflicting birth and
+foundling certificates administrative birth certificate amendment rulemaking
+in accordance with title g chapter utah administrative rulemaking
+act the department may make rules
+a governing applications to correct alleged errors or omissions on any vital
+record
+b establishing procedures to resolve conflicting birth and foundling certificates
+and
+c allowing for the correction and reissuance of a vital record that was originally
+created omitting a diacritical mark and
+d notwithstanding any other provision of law allowing for the change of a child s
+name on the child s birth certificate within one year from the day the child is born
+for a birth certificate the department may correct an error or omission under
+subsection a if
+a the error or omission is a result of a scrivener s error or a data entry error and
+b the department receives
+i a an affidavit from the applicant attesting that there is an error on the birth
+certificate
+b supporting documentation from the health care facility or attending health care
+provider and
+c an affidavit from the health care facility or health care provider described in
+subsection b i b attesting to the accuracy of the supporting documentation or
+ii documentation deemed sufficient by the state registrar to establish the facts of the
+error or omission
+the department may amend a birth certificate s sex designation for an intersex
+
+individual at the request of the individual or the guardian of the individual if
+a the sex designation indicating the biological sex at birth of the individual was
+misidentified on the original certificate due to the individual s condition and
+b the department receives
+i a correction affidavit attesting the individual is intersex
+ii chromosomal molecular karyotypic dna or genetic testing results that confirm
+the individual is intersex and
+iii an affidavit from the health care facility health care professional or laboratory
+testing facility that conducted the test or analyzed the test results attesting to the test results
+and accuracy
+section section is repealed and reenacted to read
+birth certificate name or sex designation change registration of court
+order and amendment of birth certificate
+an individual may obtain a court order in accordance with title names to
+change the name on the individual s birth certificate
+a a court may grant a petition ordering a sex designation change on a birth
+certificate if the court determines by clear and convincing evidence that the individual seeking
+the sex designation change
+i is not involved in any kind of lawsuit
+ii is not on probation or parole
+iii is not seeking the amendment
+a to commit a crime
+b to interfere with the rights of others
+c to avoid creditors
+d to influence the sentence fine or conditions of imprisonment in a criminal case
+e to commit fraud on the public or
+f for any other fraudulent purpose
+
+iv has transitioned from the sex designation of the biological sex at birth to the sex
+sought in the petition
+v has outwardly expressed as the sex sought in the petition in a consistent and
+uniform manner for at least six months and
+vi suffers from clinically significant distress or impairment due to the current sex
+designation on the birth certificate
+b the court shall consider the following when making the determination described in
+subsection a iv
+i evidence of medical history care or treatment related to sex transitioning and
+ii evidence that the sex sought in the petition is sincerely held and part of the
+individual s core identity
+a i when determining whether to grant a sex designation change for a child who
+is at least years and six months old unless the child is emancipated the court shall appoint
+notwithstanding subsection a a guardian ad litem for the child
+ii notwithstanding subsection a the child s parent or guardian is
+responsible for the costs of the guardian ad litem s services unless the court determines the
+parent or guardian is indigent in accordance with section a
+
+b the guardian ad litem shall provide the court relevant evidence whether submitted
+by the child or other sources of evidence regarding the following
+i whether the child is capable of making decisions with long term consequences
+independently of the child s parent or guardian
+ii whether the child is mature and capable of appreciating the implications of the
+decision to change the sex designation on the child s birth certificate and
+iii whether the child meets the other requirements of this section
+c the guardian of a child described in subsection a shall
+i give notice of the proceeding to any known parent of the child and
+ii provide the court with a declaration of the status of any divorce or custody matter
+
+pertaining to the child including the case name case number court judge and current status
+of the case
+d the court shall
+i consider any objection given by a parent
+ii close the hearing on a petition for a sex designation change
+iii receive all evidence and
+iv make a determination as to whether
+a all of the requirements of subsection have been met and
+b the evidence supports a finding by clear and convincing evidence that the sex
+designation change is in the best interest of the child and would not create a risk of harm to the
+minor
+a a court may not grant a petition for a sex designation change if
+i the birth certificate is for a child who is younger than years and six months old
+or
+ii the child s parent or guardian with legal custody has not given permission
+b an order granting a sex designation change under this section is not effective until
+the individual is at least years old
+a petition for a sex designation under this section may be combined with a petition
+under title names
+a upon the receipt of a certified order granting a birth certificate amendment any
+required application and an appropriate fee the department shall issue
+i a birth certificate that does not indicate which fields were amended unless requested
+by the individual and
+ii an amendment history of the birth certificate including the fields of the birth
+certificate that have been amended and the date of the amendment
+b the department shall retain a record of all amendments to a birth certificate
+including any amendment history issued by the department
+
+the provisions of this section are severable
+this section only applies to birth certificates issued by the state
+section effective date
+if approved by two thirds of all the members elected to each house this bill takes effect
+upon approval by the governor or the day following the constitutional time limit of utah
+constitution article vii section without the governor s signature or in the case of a veto
+the date of veto override
+section coordinating s b with h b substantive and technical
+amendments
+if this s b and h b participation in extracurricular activities amendments
+both pass and become law it is the intent of the legislature that the office of legislative
+research and general counsel shall prepare the utah code database for publication by
+replacing each reference to birth certificate in section g with birth certificate and
+birth certificate amendment history
+
+
+
+
+
+
+
+