1     
BIRTH CERTIFICATE AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Candice B. Pierucci

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to birth certificates.
10     Highlighted Provisions:
11          This bill:
12          ▸     allows the department to request additional information for registering a birth under
13     certain circumstances;
14          ▸     requires the department to issue a complimentary birth certificate for each birth
15     registered in Utah; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          26-2-4, as last amended by Laws of Utah 2007, Chapter 32
24          26-2-12.6, as last amended by Laws of Utah 2021, Chapter 284
25     

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) Except as provided in Subsection (5), to promote and maintain nationwide
30     uniformity in the vital records system, the forms of certificates, certification, reports, and other
31     documents and records required by this chapter or the rules implementing this chapter shall
32     include as a minimum the items recommended by the federal agency responsible for national
33     vital statistics, subject to approval, additions, and modifications by the department.
34          (2) Certificates, certifications, forms, reports, other documents and records, and the
35     form of communications between persons required by this chapter shall be prepared in the
36     format prescribed by department rule.
37          (3) All vital records shall include the date of filing.
38          (4) Certificates, certifications, forms, reports, other documents and records, and
39     communications between persons required by this chapter may be signed, filed, verified,
40     registered, and stored by photographic, electronic, or other means as prescribed by department
41     rule.
42          (5) (a) The state:
43          [(a)] (i) may collect the Social Security number of a deceased individual; and
44          [(b)] (ii) may not include the Social Security number of an individual on a certificate of
45     death.
46          (b) For registering a birth, the department may not require an individual to provide
47     information that is not necessary for the department to comply with federal standards or
48     contracts.
49          (c) The department may request additional information beyond the information
50     necessary to comply with federal standards and contracts for registering a birth, if the
51     department:
52          (i) discloses that providing the additional information is voluntary;
53          (ii) discloses how the information will be used and the duration of use; and
54          (iii) describes how the department will prevent the additional information from being
55     used in a manner different from the description given under Subsection (1)(c)(ii).
56          Section 2. Section 26-2-12.6 is amended to read:
57          26-2-12.6. Fee waived for certified copy of birth certificate -- Complimentary
58     birth certificate.

59          (1) Notwithstanding Section 26-1-6 and Section 26-2-12.5, the department shall waive
60     a fee that would otherwise be charged for a certified copy of a birth certificate, if the individual
61     whose birth is confirmed by the birth certificate is:
62          (a) the individual requesting the certified copy of the birth certificate; and
63          (b) (i) homeless, as defined in Section 26-18-411;
64          (ii) a person who is homeless, as defined in Section 35A-5-302;
65          (iii) an individual whose primary nighttime residence is a location that is not designed
66     for or ordinarily used as a sleeping accommodation for an individual;
67          (iv) a homeless service provider as verified by the Department of Workforce Services;
68     or
69          (v) a homeless child or youth, as defined in 42 U.S.C. Sec. 11434a.
70          (2) To satisfy the requirement in Subsection (1)(b), the department shall accept written
71     verification that the individual is homeless or a person, child, or youth who is homeless from:
72          (a) a homeless shelter[, as defined in Section 10-9a-526];
73          (b) a permanent housing, permanent, supportive, or transitional facility, as defined in
74     Section 35A-5-302;
75          (c) the Department of Workforce Services;
76          (d) a homeless service provider as verified by the Department of Workforce Services;
77     or
78          (e) a local educational agency liaison for homeless children and youth designated under
79     42 U.S.C. Sec. 11432(g)(1)(J)(ii).
80          (3) For each birth registered in Utah, the department shall automatically send one
81     certified copy of the child's birth certificate to the child's parent or guardian without charging a
82     fee.