HB 25-1109: Gender Identity Certificate of Death - Colorado

Rerevised (03/26/2025) → Revised (03/25/2025) · 3 edits

MINOR

The bill text was updated from a 'Rerevised' version to a 'Revised' version, indicating it has been amended on second reading in the Senate. The substantive content shows new language added regarding verification of death documents, specifically clarifying that social security numbers are not required for verification of death documents (unlike certificates of death) and adding provisions about recording the decedent's gender identity on the certificate of death.

Scope change

The bill's scope regarding death documentation requirements was expanded to include specific instructions on gender identity recording and clarified social security number requirements for verification documents versus certificates of death.

REQUIREMENT

Added language stating that verification of death documents do not require a social security number of the deceased, distinguishing them from certificates of death which do require this information.

Added new provisions requiring that the decedent's gender identity be recorded on the certificate of death, with instructions for individuals completing the certificate to reflect this identity.

TECHNICAL

Updated the document header from 'Rerevised' to 'Revised' and changed the amendment status language to reflect second reading adoption in the Senate.

PA1 (02/27/2025) → Rerevised (03/26/2025) · 3 edits

MINOR

This bill revision adds more sponsors to both House and Senate versions and updates the bill's status to reflect all amendments adopted in the Second House. The substantive policy content regarding decedent gender identity designation on death certificates remains unchanged from the previous version.

TECHNICAL

Added additional sponsors to the House bill (Bacon, Boesenecker, Camacho, Clifford, Duran, Froelich, Garcia, Gilchrist, Joseph, Lindsay, Sirota, Smith, Stewart R., Story, Titone, Valdez) and Senate bill (Amabile, Bridges, Coleman, Cutter, Gonzales J., Hinrichsen, Kipp, Kolker, Michaelson Jenet, Rodriguez, Snyder, Sullivan, Winter F.).

Updated bill status labels from 'PREAMENDED' to 'REREVISED' and added reading dates and committee assignments to reflect legislative progress.

Adjusted section numbering and formatting in the statutory text, including renumbering subsections and removing deleted subsection (1)(g) while keeping (1)(e) and (1)(f).

Final Act (04/08/2025) → PA1 (02/27/2025) · 5 edits

MODERATE

This bill was amended to clarify how gender identity should be recorded on death certificates in Colorado. The changes add specific documents that can be used to memorialize a decedent's gender identity, including health-care directives and proof of clinical treatment, and establish a process for correcting records when a gender identity document is presented to the state registrar.

Scope change

The bill's scope remains focused on death certificate procedures, but the amendments expand the types of acceptable documentation and clarify the process for correcting gender information on official records.

DEFINITION

Added 'health-care directive' and 'proof of clinical treatment for a gender transition' to the list of documents that can memorialize a decedent's gender identity.

REQUIREMENT

Clarified that if multiple gender identity documents are presented, the most recent document prevails regardless of expiration date.

Added requirement that the state registrar must issue an amended certificate of death when presented with a gender identity document for a decedent who died in Colorado.

Added provision allowing individuals with the right to control disposition of remains to file a court claim to amend recorded gender information if no gender identity document is presented.

ENFORCEMENT

Added a class 2 misdemeanor penalty for knowingly and willfully violating the new gender identity recording requirements.

Signed Act (04/17/2025) → Final Act (04/08/2025) · 4 edits

MODERATE

This bill amends Colorado death certificate procedures to allow for the designation of a decedent's gender identity based on memorializing documents. The changes update definitions, clarify documentation requirements, and establish procedures for issuing amended certificates when gender information needs correction.

Scope change

The bill's scope remains focused on death certificate administration but expands procedural requirements to accommodate gender identity documentation.

DEFINITION

Added new definition for 'document memorializing the decedent's gender' to include court orders approving legal name or gender changes and written instructions from the decedent.

REQUIREMENT

Modified requirements for completing death certificates to mandate recording the decedent's gender identity as documented in memorializing documents.

Updated conflict resolution procedures to specify that the most recent memorializing document prevails when multiple documents show conflicting gender identity information.

TECHNICAL

Corrected typographical errors in subsection references and formatting throughout the statute text.

Reengrossed (03/07/2025) → Signed Act (04/17/2025) · 7 edits · Apr 17, 2025

MODERATE

This bill amends Colorado death certificate laws to allow recording a decedent's gender identity based on specific documentation, including court orders, healthcare directives, clinical treatment records, birth certificate changes, or driver's licenses. The changes establish clear procedures for vital statistics offices when processing gender identity information and protect individuals completing death certificates from liability unless they act knowingly and willfully. The bill also adds a new statute requiring the Department of Public Health and Environment to update death certificate forms by January 1, 2026, to include a gender field.

Scope change

The bill expands the scope of gender identity recognition on death certificates by creating a defined list of acceptable documentation sources and establishing specific procedures for when multiple documents conflict or when objections are raised.

DEFINITION

Added a new definition for 'Document memorializing the decedent's gender' that includes six specific types of documentation: court orders, written instructions from the decedent, healthcare directives, clinical treatment records, birth certificate changes, and driver's licenses.

Added a new definition for 'Gender identity' that includes the designation 'X' for individuals whose gender does not correspond with their sex assigned at birth.

REQUIREMENT

Modified requirements for recording gender on death certificates to prioritize the most recent document when multiple documents conflict, and to allow objections from individuals with rights to control disposition of remains.

Added requirements for state registrars to issue amended death certificates when presented with gender identity documentation and to protect privacy by not disclosing gender correction information unless legally required.

Added immunity provisions protecting individuals completing death certificates from liability unless they knowingly and willfully record incorrect information.

TIMELINE

Added a timeline requirement for the Department of Public Health and Environment to update death certificate forms and electronic registration systems by January 1, 2026.

TECHNICAL

Modified the amended certificate of death to supersede the original as the official public record without marking it as amended or indicating that gender or legal name has changed.

Engrossed (03/05/2025) → Reengrossed (03/07/2025) · 3 edits · Mar 26, 2025

MINOR

The bill was reengrossed to add multiple co-sponsors to the House sponsorship list and update the bill summary notice to indicate it is now available for the reengrossed version. A substantive change was made to the death certificate recording requirements by removing the provision that specified how to handle conflicting gender identity documents, which previously mandated using the most recent document regardless of expiration date.

Scope change

The bill's substantive scope regarding death certificate gender recording was narrowed by removing the conflict resolution rule for multiple documents, while sponsorship and administrative notices were expanded.

TECHNICAL

Added multiple co-sponsors to the House sponsorship list including Bacon, Boesenecker, Camacho, Clifford, Duran, Froelich, Garcia, Gilchrist, Joseph, Lindsay, Sirota, Smith, Stewart R., Story, and Valdez.

Updated the bill summary notice to indicate that a summary for the reengrossed version will be available after third reading in the House of Introduction.

REQUIREMENT

Removed the specific rule requiring that the most recent document memorializing gender identity prevails when multiple documents conflict, regardless of expiration date.

Introduced (01/27/2025) → Engrossed (03/05/2025) · 5 edits · Mar 26, 2025

MODERATE

This bill amendment reorganizes and clarifies how gender identity is documented on death certificates and verification documents in Colorado. The changes primarily update terminology and procedural requirements to ensure consistency with the state's gender identity protections.

Scope change

The bill's scope remains focused on death certificate procedures, but the amendment clarifies the hierarchy of documents used to determine gender identity and removes specific document types from the definition list.

DEFINITION

The definition of 'document memorializing the decedent's gender identity' was split into two separate terms to clarify that both 'gender' and 'gender identity' documents are recognized.

Removed specific document types (court orders, written instructions, health-care directives, proof of clinical treatment, birth certificate changes, driver's license, passport, and social security records) from the list of acceptable gender identity documentation.

MODIFIED

Changed the requirement to record 'gender identity' to 'gender' in several sections to align terminology with the updated definitions.

REQUIREMENT

Added a provision stating that if no gender information is provided, next of kin or other qualified sources may supply that information.

Modified the conflict resolution rule to state that the most recent document prevails regardless of expiration date.

Gender Identity Certificate of Death

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