Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 93 Second Substitute (2023GS)

Sponsor

Sen. McCay, D.

Final action

Governor Signed 3/23/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• 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; and
• allows the department to issue an amended birth certificate for an individual only if the individual is older than 18 years old.

Every vote on this bill

Bill text

This document includes Senate Committee Amendments incorporated into the bill on Thu, Jan 19, 2023 at 9:46 AM by lpoole.
This document includes Senate Committee Amendments incorporated into the bill on Thu, Jan 19, 2023 at 10:23 AM by lpoole.
This document includes Senate Committee Amendments (CORRECTED) incorporated into the bill on Fri, Jan 20, 2023 at 9:01 AM by lpoole.
VITAL RECORDS MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Daniel McCay
House Sponsor: 
 Brady Brammer
LONG TITLE
General Description:
This bill enacts provisions regarding amending vital records.
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; and
▸ allows the department to issue an amended birth certificate for an individual only if
the individual is older than 18 years old.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-2-7
, as last amended by Laws of Utah 2022, Chapter 231
26-2-11
, as last amended by Laws of Utah 1995, Chapter 202
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-2-7
 is amended to read:
26-2-7.
Correction of errors or omissions in vital records -- Conflicting birth and
foundling certificates -- Rulemaking.
(1)
 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department may make rules:
[
(1)
] 
(a)
 governing applications to correct alleged errors or omissions on any vital
record;
[
(2)
] 
(b)
 establishing procedures to resolve conflicting birth and foundling certificates;
and
[
(3)
] 
(c)
 allowing for the correction and reissuance of a vital record that was originally
created omitting a diacritical mark.
(2) The department may correct an error or omission under Subsection (1)(a) 
if 
Ŝ→ [
the
correction is made no later than one year from the day the vital record is created.
] 
 the correction is
39a 
supported by documentary evidence that:
39b 
 (a) is deemed sufficient by the department; and
39c 
 (b) was created no later than 30 days after the day of the event that led to the creation
39d 
of the vital record.
 ←Ŝ
Section 2. Section 
26-2-11
 is amended to read:
26-2-11.
Name or sex change -- Registration of court order and amendment of
birth certificate.
(1) [
When
] 
Except as provided under Section 
26-2-10
 for a supplementary birth
certificate, when
 a person born in this state has a name change or sex change approved by an
order of a Utah district court or a court of competent jurisdiction of another state or a province
of Canada, a certified copy of the order may be filed with the state registrar with an application
form provided by the registrar.
(2) (a) [
Upon
] 
Subject to Subsection (3), upon
 receipt of the application, a certified
copy of the order, and payment of the required fee, the state registrar shall review the
application, and if complete, register it and note the fact of the amendment on the otherwise
unaltered original certificate.
(b) The amendment shall be registered with and become a part of the original
certificate and a certified copy shall be issued to the applicant without additional cost.
(3) The state registrar may process an application submitted under this section if the
application is for an individual who is older than 18 years old.