Bill Details - HB446 (2019)

HB 446 - AS AMENDED BY THE HOUSE

 

14Mar2019... 0801h

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 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  RSA 5-C:87, V is repealed and reenacted to read as follows: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 sex designation other than that which was assigned at birth, a new birth record shall be prepared to reflect a change in the individual's sex upon receipt of a notarized certification affirming the individual's sex 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 unsworn falsification pursuant to RSA 641:3.  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 sex 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 unsworn falsification pursuant to RSA 641:3.  This signature shall certify that the request for change of sex is for the purpose of ensuring that the applicant's birth record accurately reflects the applicant's sex, and that the request is not for any fraudulent or unlawful purpose.

(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 clerk of the city or town shall submit the individual's application, the health care provider's certification, and a copy of the original birth record to the state registrar for review and issuance of a new birth record.  Upon issuance of the new birth record, the clerk of the city or town shall indicate on the original birth record that it has been revised in accordance with this paragraph.  

(d)  The town or city clerk may charge a $50 fee for updating a birth record pursuant to this paragraph.

(e)  In this paragraph, "licensed and qualified health care provider" means a treating and licensed physician, psychologist, advanced practice registered nurse, clinical social worker, or clinical mental health counselor.

2  Effective Date.  This act shall take effect 60 days after its passage.

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and referred to Health, Human Services and Elderly Affairs HJ 3 P. 14
Jan. 17, 2019 Public Hearing: 01/17/2019 02:00 pm Reps Hall
March 5, 2019 Division II Subcommittee Work Session: 03/05/2019 10:00 am LOB 205
March 5, 2019 Executive Session: 03/05/2019 01:00 pm LOB 205
March 14, 2019 Committee Report: Ought to Pass with Amendment # 2019-0801h for 03/14/2019 (Vote 16-3; RC) HC 15 P. 7
Committee Report: Ought to Pass with Amendment # 2019-0801h (Vote 16-3; RC)
March 14, 2019 Amendment # 2019-0801h: AA VV 03/14/2019
March 14, 2019 Ought to Pass with Amendment 2019-0801h: MA RC 224-125 03/14/2019

Action Dates

Date Body Type
Jan. 17, 2019 House Hearing
March 5, 2019 House Exec Session
House Floor Vote
March 14, 2019 House Floor Vote

Bill Text Revisions

HB446 Revision: 4668 Date: Jan. 8, 2019, 9:28 a.m.
HB446 Revision: 5524 Date: March 14, 2019, 2:55 p.m.