25.717.11 100th Legislative Session 1260
HOUSE STATE AFFAIRS ENGROSSED
Introduced by: Representative Schaefbauer
An Act to require that birth certificates and certain official documents reflect biological sex.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 32-12-3 be AMENDED:
32-12-3.
Every application
under this chapter
shall state the full
must:
(1) State the applicant's:
(a) Full
legal name or any other name taken for lawful purposes,
date;
(b) Date
of birth,
social;
(c) Social
security number,
sex,;
(d) Sex,
as defined in § 34-25-1.1;
and
current
(e) Current
mailing address and residential address
of the applicant, and briefly;
and
(2) Briefly describe the applicant.
The applicant shall state whether
he
the applicant
has previously been licensed as an operator, and, if so, when and by
what state or country, and whether an application has ever been
refused, and, if so, the date of and reason for
such
the suspension,
revocation, or refusal. All applicants shall certify the information
provided as true and correct.
Section 2. That § 32-12-17.10 be AMENDED:
32-12-17.10.
An operator's
license, motorcycle operator's license, restricted minor's permit,
motorcycle restricted minor's permit, instruction permit, and
motorcycle instruction permit
shall
must bear
a:
(1) A
distinguishing number assigned to the
licensee, the
holder;
(2) The
holder's full
legal name or any name lawfully taken,
date;
(3) The
holder's date
of birth,
gender,;
(4) The holder's sex, as defined in § 34-25-1.1;
(5) The
holder's
principal residence address,
an;
(6) An
indication if the
licensee is
holder:
(a) Is
a donor pursuant to chapter 34-26,
an indication if the licensee has;
(b) Has
a living will pursuant to chapter 34-12D
or a durable power of attorney for health care pursuant to chapter
59-7,
an indication if the licensee is;
or
(c) Is
a veteran pursuant to the provisions of § 32-12-17.15,
a;
(7) A
full facial digital photograph,
a
of the holder;
(8) A
brief description of the
licensee, the licensee's
holder;
(9) The
holder's
signature,
security;
(10) Security
features designed to deter forgery and counterfeiting, to promote an
adequate level of confidence in the authenticity of the cards, and to
facilitate detection of fraudulent cards,
the;
(11) The
issue date of the license,
the
or permit;
(12) The
expiration date of the license,
an
or permit;
(13) An
indication that the license
or permit is
temporary or limited term,
if the holder has temporary lawful status in the United States,
the;
(14) The
name of this state,;
and
a
(15) A
security marking approved by the United States Department of Homeland
Security reflecting the level of compliance with 6 C.F.R. Part 37
as amended through
(January
1, 2015).
The department shall indicate
upon each license or
permit the
general class of vehicles that the licensee may drive. The back of
the license
shall
or permit must
contain a barcode. The department shall include in the barcode the
name of this state, the information printed on the license
or permit, the
card design revision date indicating the most recent change or
modification to the visible format of the card, and an indicator if
the license
or permit is
temporary or limited term. No barcode, or other means by which
information may be retrieved electronically, may contain the
licensee's social security number.
Section 3. That § 32-12-17.2 be AMENDED:
32-12-17.2.
The Department of
Public Safety may issue upon application a nondriver identification
card, similar in form but distinguishable in color from a driver
license, to any resident of this state. Each applicant for a
nondriver identification card shall, as part of the application,
present to the department a certified copy of a
birth
certificate
of birth
or another form of evidence of date of birth and identity as allowed
by § 32-12-3.1.
Except as provided in § 32-12-17.16, the fees for a nondriver identification card are the same as prescribed for a driver license in § 32-12-16. Each nondriver identification card expires on the holder's birthday in the fifth year following the issuance of the nondriver identification card, or on the date of expiration of the applicant's authorized stay in the United States as determined by the systematic alien verification for entitlements system or alternate method approved by the United States Department of Homeland Security or, if there is no expiration date, for a period no longer than one year from date of issuance, whichever occurs first. Each nondriver identification card is renewable one hundred eighty days before its expiration upon application and payment of the required fee. Any nondriver identification card renewed before its expiration expires five years after the holder's ensuing birthday, or on the date of expiration of the applicant's authorized stay in the United States as determined by the systematic alien verification for entitlements system or alternate method approved by the United States Department of Homeland Security or, if there is no expiration date, for a period no longer than one year from date of issuance, whichever occurs first.
The nondriver identification card
must bear
an:
(1) An
indication if the holder
has:
(a) Has
a living will pursuant to chapter 34-12D
or a durable power of attorney for health care pursuant to chapter
59-7
and an indication if the holder is;
or
(b) Is a veteran pursuant to the provisions of § 32-12-17.15; and
(2) The holder's sex, as defined in § 34-25-1.1.
Any nondriver identification card renewed during the thirty-day period following the date of expiration expires five years from the holder's previous birthday, or on the date of expiration of the applicant's authorized stay in the United States as determined by the systematic alien verification for entitlements system or alternate method approved by the United States Department of Homeland Security or, if there is no expiration date, for a period no longer than one year from date of issuance, whichever occurs first.
Section 4. That § 34-25-1.1 be AMENDED:
34-25-1.1.
Terms
as used in
this chapter mean:
(1) "Authorized representative," an attorney, physician, funeral director, or other designated agent acting on behalf of the family;
(1A)(2) "Autopsy,"
the
post mortem
post-mortem
dissection and examination of a dead body, including fetal tissue
older than twenty-four weeks;
(2)(3) "Certified
copy," a vital record or part thereof issued and sealed by the
state registrar and other entities as authorized by the department;
(3)(4) "Dead
body," a lifeless human body or parts thereof from the state of
which it may reasonably be concluded that death recently occurred;
(4)(5) "Death
certificate," a record by means of which both the fact of death
record and the medical certificate have been completed and filed as
required by the department;
(5)(6) "Demographic
information," the information required by the state registrar to
describe characteristics of a registrant, the family of a registrant,
and geographic locations pertinent to a registrant;
(6)(7) "Department,"
the Department of Health;
(7)(8) "Fact
of death information," the information required by the state
registrar to record the time and place a death occurs and to identify
the person who is deceased. The term does not include information
regarding cause and manner of death;
(8)(9) "Fact
of death record," the portion of the death certificate that
contains the fact of death information and demographic information;
(10) "Female," an individual who naturally has, had, will have, or would have, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that produces, transports, and utilizes eggs for fertilization;
(9)(11) "Fetal
death," death prior to the complete expulsion or extraction from
its mother of a product of human conception, irrespective of the
duration of pregnancy. The death is indicated by the fact that after
such
the expulsion
or extraction, the fetus does not breathe or show any other evidence
of life
such as,
including the
beating of the heart, pulsation of the umbilical cord, or definite
movement of voluntary muscles;
(10)(12) "Fetus,"
the biological offspring, including the implanted embryo or unborn
child, of human parents;
(11)(13) "Final
disposition," the burial, interment, cremation, or other
disposition of a dead body or fetus;
(12)(14) "Institution,"
any establishment, public or private,
which
that provides
in-patient medical, surgical, or diagnostic care or treatment, or
nursing, custodial, or domiciliary care to two or more unrelated
individuals, or to which
persons
individuals are
committed by law;
(13)(15) "Live
birth," the complete expulsion or extraction from its mother of
a product of human conception, irrespective of the duration of
pregnancy, which, after such expulsion or extraction, breathes or
shows any other evidence of life
such as,
including the
beating of the heart, pulsation of the umbilical cord, or definite
movement of voluntary muscles, whether or not the umbilical cord has
been cut or the placenta is attached;
(14)(16) "Medical
certificate," the portion of the death certificate that contains
the information regarding the cause and manner of death.;
(15)(17) "Male,"
an individual who naturally has, had, will have, or would have, but
for a congenital anomaly or intentional or unintentional disruption,
the reproductive system that produces, transports, and utilizes sperm
for fertilization;
(18) "Sex," an individual's biological sex, either female or male;
(19) "Vital records," records of birth, death, fetal death, burial, marriage, divorce, and data related thereto as entered on forms prescribed by the department; and
(20) "System
of vital Vital
registration
system,"
the process by which vital records are collected, completed, amended,
certified, filed, preserved, and incorporated into the official
records of the office of vital records, and activities related
thereto including the tabulation, analysis, and publication of
statistical data derived from such records;
(16) "Vital
records," records of birth, death, fetal death, burial,
marriage, divorce, and data related thereto as entered on forms
prescribed by the department.
Section 5. That § 34-25-8 be AMENDED:
34-25-8.
The birth of every
child born in this state
shall
must be
registered as
provided in
required by
this chapter. Within seven days after the date of each live birth,
there
shall
must be filed
with the department by electronic means,
if a facility has
such
the
capabilities, or otherwise if electronic means are not available, a
certificate of
such
birth. The certificate
shall
must be upon
the form prescribed by the department
and must contain the child's:
(1) Date of birth;
(2) Place of birth; and
(3) Sex.
For certificates of birth filed after seven days, but within one year from the date of birth, the department may, by rules promulgated pursuant to chapter 1-26, require additional evidence in support of the facts of birth.
Informational copies of birth
records
shall
must be
available to any person who can identify the birth record by
providing the name of the person on the birth record, the date of
birth, the mother's maiden name, or additional information required
to locate the record. Nothing in this section prohibits the release
of information
that is
contained on a birth record
which would
and does not
identify any
person
individual
named in the record.
If one hundred years have elapsed
after the date of birth, the records of the birth in the custody of
the department
shall
must become
available to the public without restriction. The department shall
promulgate rules, pursuant to chapter 1-26,
to provide for the continued safekeeping of these records.
Section 6. That § 34-25-51 be AMENDED:
34-25-51.
A
Except
as otherwise provided in this chapter, a vital
record may be amended in accordance with rules promulgated by the
department pursuant to chapter 1-26.
Each request for amending a birth, death, or marriage certificate,
after one year from the event,
shall
must be
accompanied by an
eight dollar
eight-dollar
fee to the department for amending the record and filing the
affidavit.
Section 7. That a NEW SECTION be added to chapter 34-25:
The date of birth, place of birth, or sex listed on a birth certificate may only be amended in the following manners:
(1) To correct clerical or data errors identified by the health care facility at which the child was born. The errors may be corrected at any time upon submission by the health care facility of a notarized affidavit, together with supporting documentation;
(2) Upon a finding of a court, by clear and convincing evidence, that the information listed on the birth certificate was factually incorrect at the time it was recorded; or
(3) To correct the sex of a child born with a congenital anomaly, if additional testing is required to accurately identify the sex. The sex may be corrected, within one year from the date of birth, upon submission by the child's attending physician of a notarized affidavit, together with supporting documentation, identifying the child's sex as male or female.
Underscores indicate new language.
Overstrikes
indicate deleted language.