Text of ME LD 1507 (2023)

Printed on recycled paper 131st MAINE LEGISLATURE FIRST SPECIAL SESSION-2023 Legislative Document No. 1507 H.P. 962 House of Representatives, April 5, 2023 An Act to Ensure the Accuracy of Vital Records with Respect to Gender Reference to the Committee on Health and Human Services suggested and ordered printed. ROBERT B. HUNT Clerk Presented by Representative SHEEHAN of Biddeford. Cosponsored by Representatives: MALON of Biddeford, SKOLD of Portland. Page 1 - 131LR2286(01) 1 Be it enacted by the People of the State of Maine as follows: 2 Sec. 1. 22 MRSA §2705, sub-§7 is enacted to read: 3 7. Amendment of marriage certificate following gender marker change. 4 Amendment of a marriage certificate following gender marker change is governed by 5 section 2805. 6 Sec. 2. 22 MRSA §2805 is enacted to read: 7 §2805. Amendment of marriage certificate following gender marker change 8 1. Amended certificate of marriage. The State Registrar of Vital Statistics shall 9 amend a marriage certificate of a person married in this State to reflect a change of gender 10 and to provide a new sex identifier when the state registrar receives the following: 11 A. An application for gender marker change, which must include a gender field that 12 includes options for male, female and X; 13 B. A notarized statement from the spouse of the applicant agreeing to the requested 14 change in substantially the following form: "I, (spouse's full name), agree to the 15 issuance of an amended marriage certificate as requested by my spouse."; 16 C. At least one of the following documents: 17 (1) A government-issued identification document that includes the applicant's 18 current gender marker and sex identifier; 19 (2) An affidavit signed by the applicant attesting under penalty of perjury that the 20 applicant's request for a change of gender marker is not fraudulent; 21 (3) A certified copy of a court-ordered change of gender; 22 (4) A new birth certificate issued under section 2765 showing the applicant's 23 gender marker change; or 24 (5) A certified copy of a court-ordered change of name that demonstrates the 25 change of gender; and 26 D. The application fee established by the department, which must reasonably reflect 27 the cost of the service, as specified in Title 22‑A, section 210. 28 Sec. 3. 22 MRSA §2842, sub-§1-A is enacted to read: 29 1-A. Designation of gender. The certificate of death must include a gender field that 30 includes options for male, female and X. A death certificate for an individual must reflect 31 the desired gender identity of the individual who has died if the person signing the 32 certificate is aware of that desire either through a valid living will, advance health care 33 directive or other record, including a record prepared by someone other than the individual. 34 Sec. 4. 22 MRSA §2842, sub-§5, as enacted by PL 2019, c. 340, §16, is amended 35 to read: 36 5. Correction of certificate of death. A certificate of death filed in accordance with 37 this section may be completed or amended at any time by means described in rules adopted 38 by the department. The health care provider who certified the death in accordance with 39 subsection 2‑A may sign the forms, submit an electronic amendment or file a certificate 40 using the electronic death registration system in accordance with section 2847. A health Page 2 - 131LR2286(01) 41 care provider may amend a certificate of death with respect to the time, date, place and 42 circumstances of death as well as the gender of the individual who died. Forms or 43 electronic amendments may be filed at any time after death. 4 SUMMARY 5 This bill: 6 1. Directs the State Registrar of Vital Statistics to amend a marriage certificate to 7 reflect a change of gender and to provide a new sex identifier when the state registrar 8 receives an appropriate application, which must include a gender field that includes options 9 for male, female and X; and 10 2. Provides that a certificate of death must include a gender field that includes options 11 for male, female and X. It also provides that a death certificate for an individual must 12 reflect the desired gender identity of the individual who has died if the person signing the 13 certificate is aware of that desire either through a valid living will, advance health care 14 directive or other record, including a record prepared by someone other than the individual. 15 It also clarifies that a health care provider may amend a certificate of death with respect to 16 the gender of the individual who has died. 1 2 3 5

Page 1 - 131LR2286(03) STATE OF MAINE _____ IN THE YEAR OF OUR LORD TWO THOUSAND TWENTY-THREE _____ H.P. 962 - L.D. 1507 An Act to Ensure the Accuracy of Vital Records with Respect to Gender Be it enacted by the People of the State of Maine as follows: Sec. 1. 22 MRSA §2705, sub-§7 is enacted to read: 7. Amendment of marriage certificate following gender marker change. Amendment of a marriage certificate following gender marker change is governed by section 2805. Sec. 2. 22 MRSA §2805 is enacted to read: §2805. New marriage certificate following gender marker change 1. New marriage certificate. Upon receipt of an application that meets the requirements established by the department by rule, the State Registrar of Vital Statistics shall issue a new marriage certificate of a person married in this State to reflect a change of gender of the person and, if requested at the same time, to reflect the new first and middle names of the person. Notwithstanding section 2705, the new certificate may not be marked "amended." 2. Original marriage certificate sealed. When a new marriage certificate is issued under subsection 1, the state registrar shall provide a copy of the new marriage certificate to each municipal clerk who is required by law to have a copy of the marriage certificate on file. All copies of the original marriage certificate in the custody of any municipal clerk must be sealed from inspection or surrendered to the state registrar as the state registrar directs. Sec. 3. 22 MRSA §2842, sub-§1-A is enacted to read: 1-A. Designation of gender. A death certificate for an individual must reflect the desired gender identity of the individual who has died if the person signing the certificate is aware of that desire either through a valid living will, advance health care directive or other record, including a record prepared by someone other than the individual. Sec. 4. 22 MRSA §2842, sub-§5, as enacted by PL 2019, c. 340, §16, is amended to read: APPROVED JUNE 23, 2023 BY GOVERNOR CHAPTER 294 PUBLIC LAW Page 2 - 131LR2286(03) 5. Correction of certificate of death. A certificate of death filed in accordance with this section may be completed or amended at any time by means described in rules adopted by the department. The health care provider who certified the death in accordance with subsection 2‑A may sign the forms, submit an electronic amendment or file a certificate using the electronic death registration system in accordance with section 2847. A health care provider may amend a certificate of death with respect to the time, date, place and circumstances of death as well as the gender of the individual who died. Forms or electronic amendments may be filed at any time after death.