Missouri 2025 Regular Session

Missouri Senate Bill SB298 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	FIRST REGULAR SESSION
5	5	SENATE BILL NO. 298
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR MOON.
8	8	1083S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal section 193.215, RSMo, and to enact in lieu thereof two new sections relating to gender
11	11	designations on state-issued identity documents.
12	12
13	13	Be it enacted by the General Assembly of the State of Missouri, as follows:
14	14	Section A. Section 193.215, RSMo, is repealed and two new 1
15	15	sections enacted in lieu thereof, to be known as sections 1.3000 2
16	16	and 193.215, to read as follows:3
17	17	1.3000. 1. As used in this section, the following 1
18	18	terms mean: 2
19	19	(1) "Biological sex", the biological indication of 3
20	20	male or female as determined by sex chromosomes; 4
21	21	(2) "Identity document", any document issued to a 5
22	22	person that is commonly used to prove the person's identity; 6
23	23	(3) "State agency", any authority, board, branch, 7
24	24	commission, committee, department, division, or other 8
25	25	instrumentality of the executive branch of state government. 9
26	26	2. Any identity document iss ued to a person by a state 10
27	27	agency shall contain a gender designation for the person 11
28	28	that corresponds to the person's biological sex. 12
29	29	3. A state agency shall not assign or amend a gender 13
30	30	designation on any identity document issued to a person on 14
31	31	the basis of the person's self -designation, any surgery or 15
32	32	procedure performed on the person, any drugs or hormones 16
33	33	taken by the person, or any factor other than evidence 17
34	34	demonstrating the person's biological sex. 18 SB 298 2
35	35	4. Any state agency that has previ ously issued a 19
36	36	person an identity document with a gender designation that 20
37	37	does not correspond to the person's biological sex shall 21
38	38	revoke such identity document and reissue the identity 22
39	39	document with the gender designation that corresponds to the 23
40	40	person's biological sex. 24
41	41	5. The provisions of this section shall not apply to 25
42	42	any identity document issued to: 26
43	43	(1) Any person born with a medically verifiable 27
44	44	disorder of sex development including, but not limited to, a 28
45	45	person with external biol ogical sex characteristics that are 29
46	46	irresolvably ambiguous and a person having both ovarian and 30
47	47	testicular tissue; or 31
48	48	(2) Any person who has been diagnosed by a physician 32
49	49	with a disorder of sex development and who, based on genetic 33
50	50	or biochemical testing, does not have normal sex chromosome 34
51	51	structure, sex steroid hormone production, or sex steroid 35
52	52	hormone action. 36
53	53	193.215. 1. A certificate or report registered 1
54	54	pursuant to sections 193.005 to 193.325 may be amended only 2
55	55	pursuant to the provisions of sections 193.005 to 193.325, 3
56	56	and regulations adopted by the department. 4
57	57	2. A certificate or report that is amended pursuant to 5
58	58	this section shall be marked "Amended" except as otherwise 6
59	59	provided in this section. The date of amendment and a 7
60	60	summary description of the evidence submitted in support of 8
61	61	the amendment shall be endorsed on or made part of the 9
62	62	record. 10
63	63	3. Upon receipt of a certified copy of an order of a 11
64	64	court of competent jurisdiction changing the name of a 12
65	65	person born in this state and upon request of such person or 13
66	66	such person's parents, guardian, or legal representative, 14 SB 298 3
67	67	the state registrar shall amend the certificate of birth to 15
68	68	show the new name. The court order shall include such facts 16
69	69	as are necessary to locate and identify the certificate of 17
70	70	birth of the person whose name is being changed. 18
71	71	4. When an applicant does not submit the minimum 19
72	72	documentation required in the regulations for amending a 20
73	73	vital record or when the state registra r has reasonable 21
74	74	cause to question the validity or adequacy of the 22
75	75	applicant's sworn statements or the documentary evidence, 23
76	76	and if the deficiencies are not corrected, the state 24
77	77	registrar shall not amend the vital record and shall advise 25
78	78	the applicant of the reason for this action and the 26
79	79	applicant's right of appeal to a court of competent 27
80	80	jurisdiction. 28
81	81	5. When a certificate or report is amended pursuant to 29
82	82	this section, the state registrar shall report the amendment 30
83	83	to any other custodians o f the vital record and their record 31
84	84	shall be amended accordingly. 32
85	85	6. Upon written request of both parents and receipt of 33
86	86	a sworn acknowledgment of paternity notarized and signed by 34
87	87	both parents of a child born out of wedlock, the state 35
88	88	registrar shall amend the certificate of birth to show such 36
89	89	paternity. The acknowledgment affidavit form shall be 37
90	90	developed by the state registrar and shall include the 38
91	91	minimum requirements prescribed by the secretary of the 39
92	92	Department of Health and Human Servi ces pursuant to 42 40
93	93	U.S.C. Section 652(a)(7). The acknowledgment form shall 41
94	94	include provisions to allow the parents to change the 42
95	95	surname of the child and such surname shall be changed on 43
96	96	the birth record if the parents elect to change the child's 44
97	97	surname. The signature of the parents shall be notarized or 45
98	98	the signature shall be witnessed by at least two 46 SB 298 4
99	99	disinterested adults whose signatures and addresses shall be 47
100	100	plainly written thereon. The form shall be accompanied by 48
101	101	oral notice, which may be provided through the use of video 49
102	102	or audio equipment, and written notice to the mother and 50
103	103	putative father of: 51
104	104	(1) The alternatives to, the legal consequences of, 52
105	105	and the rights and responsibilities that arise from signing 53
106	106	the acknowledgment; 54
107	107	(2) The benefits of having the child's paternity 55
108	108	established; and 56
109	109	(3) The availability of paternity establishment and 57
110	110	child support enforcement services. A rescission of 58
111	111	acknowledgment form shall be filed with the bureau of vital 59
112	112	records pursuant to section 210.823 to vacate the legal 60
113	113	finding of paternity. The bureau shall file all rescissions 61
114	114	and forward a copy of each to the family support division. 62
115	115	The birth record shall only be changed pursuant to this 63
116	116	subsection upon an order of th e court or the family support 64
117	117	division. 65
118	118	7. The department shall offer voluntary paternity 66
119	119	establishment services. 67
120	120	8. Upon receipt of a certified copy of an order of a 68
121	121	court of competent jurisdiction changing the name of a 69
122	122	person born in this state and upon request of such person or 70
123	123	such person's parents, guardian or legal representative, the 71
124	124	state registrar shall amend the certificate of birth to show 72
125	125	the new name. 73
126	126	[9. Upon receipt of a certified copy of an order of a 74
127	127	court of competent jurisdiction indicating the sex of an 75
128	128	individual born in this state has been changed by surgical 76
129	129	procedure and that such individual's name has been changed, 77 SB 298 5
130	130	the certificate of birth of such individual shall be 78
131	131	amended.] 79
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