Chief Sponsor: Andrew Stoddard

Senate Sponsor: Luz Escamilla


8     General Description:
9          This bill addresses the use of diacritical marks on a vital record.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     requires the state registrar to accept diacritical marks for a vital record; and
14          ▸     requires the state registrar to allow for the correction and reissuance of a vital record
15     that was originally created without diacritical marks.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          This bill provides a special effective date.
20     Utah Code Sections Affected:
21     AMENDS:
22          26-2-4, as last amended by Laws of Utah 2007, Chapter 32
23          26-2-7, as last amended by Laws of Utah 2020, Chapter 170
24          30-1-12, as last amended by Laws of Utah 2021, Chapter 48

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 26-2-4 is amended to read:
28          26-2-4. Content and form of certificates and reports.
29          (1) As used in this section:

30          (a) "Diacritical mark" means a mark on a letter from the ISO basic Latin alphabet used
31     to indicate a special pronunciation.
32          (b) "Diacritical mark" includes accents, tildes, graves, umlauts, and cedillas.
33          [(1)] (2) Except as provided in Subsection [(5)] (8), to promote and maintain
34     nationwide uniformity in the vital records system, the forms of certificates, certification,
35     reports, and other documents and records required by this chapter or the rules implementing
36     this chapter shall include as a minimum the items recommended by the federal agency
37     responsible for national vital statistics, subject to approval, additions, and modifications by the
38     department.
39          [(2)] (3) Certificates, certifications, forms, reports, other documents and records, and
40     the form of communications between persons required by this chapter shall be prepared in the
41     format prescribed by department rule.
42          [(3)] (4) All vital records shall include the date of filing.
43          [(4)] (5) Certificates, certifications, forms, reports, other documents and records, and
44     communications between persons required by this chapter may be signed, filed, verified,
45     registered, and stored by photographic, electronic, or other means as prescribed by department
46     rule.
47          (6) (a) An individual may use a diacritical mark in an application for a vital record.
48          (b) The office shall record a diacritical mark on a vital record as indicated on the
49     application for the vital record.
50          (7) The absence of a diacritical mark on a vital record does not render the document
51     invalid or affect any constructive notice imparted by proper recordation of the document.
52          [(5)] (8) The state:
53          (a) may collect the Social Security number of a deceased individual; and
54          (b) may not include the Social Security number of an individual on a certificate of
55     death.
56          Section 2. Section 26-2-7 is amended to read:
57          26-2-7. Correction of errors or omissions in vital records -- Conflicting birth and

58     foundling certificates -- Rulemaking.
59          In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
60     department may make rules:
61          (1) governing applications to correct alleged errors or omissions on any vital record;
62     [and]
63          (2) establishing procedures to resolve conflicting birth and foundling certificates[.];
64     and
65          (3) allowing for the correction and reissuance of a vital record that was originally
66     created omitting a diacritical mark.
67          Section 3. Section 30-1-12 is amended to read:
68          30-1-12. Clerk to file license and certificate -- Designation as vital record.
69          (1) (a) The license, together with the certificate of the individual officiating at the
70     marriage, shall be filed and preserved by the clerk, and shall be recorded by the clerk in a book
71     kept for that purpose, or by electronic means.
72          (b) The record shall be properly indexed in the names of the parties so married.
73          (2) An individual may use a diacritical mark, as defined in Section 26-2-4, on a
74     marriage license.
75          [(2)] (3) A transcript shall be promptly certified and transmitted by the clerk to the
76     state registrar of vital statistics.
77          [(3)] (4) The license and the certificate of the individual officiating at the marriage are
78     vital records as defined in Section 26-2-2 and are subject to the inspection requirements
79     described in Section 26-2-22.
80          Section 4. Effective date.
81          This bill takes effect on January 1, 2023.