FISCAL NOTE
Date Requested: January 14, 2023
Time Requested: 02:46 PM |
| Agency: |
Health and Human Resources, WV Department of |
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| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 1255 |
Introduced |
HB2101 |
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| CBD Subject: |
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FUND(S):
0407 - Central Office General Administrative Fund, 5144 - Vital Statistics Account, 5225 - Vital Statistics Improvement Fund
Sources of Revenue:
Special Fund General and Special
Legislation creates:
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
The purpose of this bill is to remove medical and legal barriers to obtaining an appropriate gender marker on state documents, and provide an appropriate gender marker option for nonbinary, intersex, and other individuals.
The Department's Office of Vital Registration (OVR) currently amends birth certificates to match what is ordered by the court when an out of state court order for gender/sex change is received. The process currently allows for changes to and from male and female,but this legislation would expand the ability to have “X” listed on a certificate.
With the administrative process currently existing to allow for change in sex on the birth certificate, the process would remain the same, whether request is received by a court order or a Sex Designation Form. Therefore, the Department does not anticipate any fiscal impact as a result of this legislation.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2023
Increase/Decrease
(use"-") |
2024
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
0 |
0 |
0 |
| Personal Services |
0 |
0 |
0 |
| Current Expenses |
0 |
0 |
0 |
| Repairs and Alterations |
0 |
0 |
0 |
| Assets |
0 |
0 |
0 |
| Other |
0 |
0 |
0 |
| 2. Estimated Total Revenues |
0 |
0 |
0 |
Explanation of above estimates (including long-range effect):
Please explain increases and decreases in personal services, current expenses, repairs and alterations, assets, other costs and revenues, including assumptions and data sources and delineation between start-up and ongoing costs. Please also include a long-range schedule of costs and revenues if fiscal impact is expected to vary in future years.
Memorandum
Prior to June 2020, courts in WV had the authority to adjudicate petitions for change of gender/sex for the purpose of changing the listing on a birth certificate and other legal documents. The option for WV residents to petition a court ceased with issuance of the following WV Supreme Court Memorandum: http://courtswv.gov/supreme-court/memo-decisions/spring2020/19-0948memo.pdf
Person submitting Fiscal Note: Jeffrey H. Coben
Email Address: dhhrsecretary@wv.gov