HB 446 - FINAL VERSION
14Mar2019... 0801h
05/15/2019 1854s
2019 SESSION
19-0762
05/01
HOUSE BILL 446
AN ACT relative to initiating amendments and corrections to birth records.
SPONSORS: Rep. Cannon, Straf. 18; Rep. Cushing, Rock. 21; Rep. Butler, Carr. 7; Rep. Bunker, Rock. 18; Rep. Le, Rock. 31; Rep. MacKay, Merr. 14; Rep. Muscatel, Graf. 12; Sen. Watters, Dist 4
COMMITTEE: Health, Human Services and Elderly Affairs
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AMENDED ANALYSIS
This bill provides a procedure for an individual to obtain a new birth certificate to reflect a sex designation other than that which was assigned at birth.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
14Mar2019... 0801h
05/15/2019 1854s 19-0762
05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to initiating amendments and corrections to birth records.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Vital Records; Initiating Amendments and Corrections to Birth Records; Gender Identity. RSA 5-C:87, V is repealed and reenacted to read as follows:
V. If an individual requests a birth record reflecting a gender designation other than that which was assigned at birth, a new birth record shall be prepared to reflect a change in the individual's gender upon receipt of a notarized certification affirming the individual's gender designation by a licensed and qualified health care provider.
(a) The notarized certification shall be signed by a licensed and qualified health care provider under the penalty of RSA 5-C:14. It shall provide that the named individual is currently or was previously under the signing health care provider's care, and that in the health care provider's professional opinion the individual's gender is (1) male, (2) female, or (3) neither male nor female, and can be reasonably expected to continue as such for the foreseeable future.
(b) The application shall be signed by the applicant under the penalty of RSA 5-C:14. This signature shall certify that the request for change of gender is for the purpose of ensuring that the applicant's birth record accurately reflects the applicant's gender, and that the request is not for any fraudulent or unlawful purpose. If the applicant is a minor who is at least 14 years of age but less than 18 years of age, the application shall be signed by the applicant and by each parent listed on the minor's birth certificate or the minor's legal guardian. If a parent listed on the birth certificate cannot be found, the applicant also shall submit a certified copy of a court order stating that the consent of only one parent is required. If a parent is deceased, a certified copy of the death certificate shall be submitted with the application.
(c) The individual shall surrender any prior birth record issued by the state of New Hampshire in the individual's possession. The original birth record shall be retained by the city or town of birth. The city or town clerk shall submit the individual's application, the health care provider's certification, and a certified copy of the original birth record to the state registrar for review. Upon approval by the state registrar, the city or town clerk shall issue a new birth record with a marginal note indicating that the record has been amended in accordance with this paragraph. The birth records shall reflect the gender as male, female, or neither.
(d) The fee to amend a birth record pursuant to this paragraph shall be the same as the fee to amend a birth record pursuant to RSA 5-C:10, III. Any subsequent amendment to the birth record regarding gender designation shall require a court order.
(e) In this paragraph, "licensed and qualified health care provider" means a treating and licensed physician, physician assistant, psychologist, advanced practice registered nurse, clinical social worker, or clinical mental health counselor.
2 Effective Date. This act shall take effect January 1, 2020.
VETOED July 19, 2019
Veto Sustained September 18, 2019
19-0762
Amended 6/7/19
HB 446- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2019-1854s)
AN ACT relative to initiating amendments and corrections to birth records.
FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $100,000 | $0 | $0 | $0 |
Funding Source: | [ ] General [ ] Education [ ] Highway [ X ] Other - Vital Records Improvement Fund (RSA 5-C:15) | |||
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LOCAL: |
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Revenue | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Expenditures | $0 | $0 | $0 | $0 |
METHODOLOGY:
This bill allows an individual to request a birth certificate reflecting a sex designation other than that which was assigned at birth. The fee to amend a birth certificate would be the same as the existing fee to correct or amend a birth certificate, or $10, kept by the municipality pursuant to RSA 5-C:10, III. The New Hampshire Municipal Association does not know how many applications are likely to be submitted in any municipality in a given year due to this legislation and is unable to estimate if there would be any additional total revenue. The Secretary of State's Office indicates there would be a one-time cost for the Division of Vital Records for modification of forms and associated programming for data exchange with the Department of Health and Human Services.
AGENCIES CONTACTED:
New Hampshire Municipal Association and Department of State
| Date | Body | Type |
|---|---|---|
| Jan. 17, 2019 | House | Hearing |
| March 5, 2019 | House | Exec Session |
| House | Floor Vote | |
| March 14, 2019 | House | Floor Vote |
| April 2, 2019 | Senate | Hearing |
| May 15, 2019 | Senate | Floor Vote |
Sept. 18, 2019: Veto Sustained 09/18/2019: RC 230-148 Lacking Necessary Two-Thirds Vote HJ 21 P. 33
July 19, 2019: Vetoed by Governor Sununu 07/19/2019
June 27, 2019: Enrolled 06/27/2019 HJ 20 P. 53
June 27, 2019: Enrolled (In recess 06/27/2019); SJ 21
June 13, 2019: House Concurs with Senate Amendment 1854s (Rep. Weber): MA VV 06/13/2019 HJ 19 P. 9
May 15, 2019: Ought to Pass with Amendment 2019-1854s, MA, VV; OT3rdg; 05/15/2019; SJ 16
May 15, 2019: Committee Amendment # 2019-1854s, AA, VV; 05/15/2019; SJ 16
May 15, 2019: Committee Report: Ought to Pass with Amendment # 2019-1854s, 05/15/2019; SC 22
April 2, 2019: Hearing: 04/02/2019, Room 101, LOB, 01:00 pm; SC 16
March 21, 2019: Introduced 03/21/2019 and Referred to Health and Human Services; SJ 10
March 14, 2019: Ought to Pass with Amendment 2019-0801h: MA RC 224-125 03/14/2019 HJ 9 P. 11
March 14, 2019: Amendment # 2019-0801h: AA VV 03/14/2019 HJ 9 P. 11
: Committee Report: Ought to Pass with Amendment # 2019-0801h (Vote 16-3; RC)
March 14, 2019: Committee Report: Ought to Pass with Amendment # 2019-0801h for 03/14/2019 (Vote 16-3; RC) HC 15 P. 7
March 5, 2019: Executive Session: 03/05/2019 01:00 pm LOB 205
March 5, 2019: Division II Subcommittee Work Session: 03/05/2019 10:00 am LOB 205
Jan. 17, 2019: Public Hearing: 01/17/2019 02:00 pm Reps Hall
Jan. 3, 2019: Introduced 01/03/2019 and referred to Health, Human Services and Elderly Affairs HJ 3 P. 14