Text: SSB02154 Text: SSB02156 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 144.1, subsection 9, Code 1995, is 1 2 amended to read as follows: 1 3 9. "Live birth" means the complete expulsion or extraction 1 4 from its mother of a product of human conception, irrespective 1 5 of the duration of pregnancy, which, after such expulsion or 1 6 extraction, breathes or shows any other evidence of life such 1 7 as beating of the heart, pulsation of the umbilical cord, or 1 8 definite movement of voluntary muscles, whether or not the 1 9 umbilical cord has been cut or the placenta is attached. 1 10 Heartbeats are to be distinguished from transient cardiac 1 11 contractions. Respirations are to be distinguished from 1 12 fleeting respiratory efforts or gasps. 1 13 Sec. 2. Section 144.1, subsection 10, Code 1995, is 1 14 amended to read as follows: 1 15 10. "Registration" means theacceptance by the division1 16and the incorporation in its official records of certificates,1 17reports, or other records, provided for in this chapter, of1 18births, deaths, fetal deaths, adoptions, marriages, divorces,1 19or annulmentsprocess by which vital statistics are completed, 1 20 filed, and incorporated by the division into its official 1 21 records. 1 22 Sec. 3. Section 144.5, subsection 4, Code 1995, is amended 1 23 to read as follows: 1 24 4. Prescribe, print, and distribute the forms required by 1 25 this chapter and other means for transmitting data to 1 26 accomplish the complete and accurate reporting. 1 27 Sec. 4. Section 144.12, Code 1995, is amended to read as 1 28 follows: 1 29 144.12 FORMS UNIFORM. 1 30 In order to promote and maintain uniformity in the system 1 31 of vital statistics, the forms of certificates, reports, and 1 32 other returns shall include as a minimum the items recommended 1 33 by the federal agency responsible for national vital 1 34 statistics, subject to approval and modification by the 1 35 department. Forms shall be furnished by the department. The 2 1 forms or other recording methods usedby county registrars to2 2record copies of records madeto register records required 2 3 under this chapter shall be prescribed by the department. 2 4 Sec. 5. Section 144.13, subsection 1, paragraphs a, b, and 2 5 c, Code Supplement 1995, are amended to read as follows: 2 6 a. A certificate of birth for each live birth which occurs 2 7 in this state shall be filed with thecounty registrar of the2 8county in which the birth occurs within tenstate registrar, 2 9 or as otherwise directed by the state registrar, within seven 2 10 days after the birth and shall be registered by the registrar 2 11 if it has been completed and filed in accordance with this 2 12 chapter.However, when a birth occurs in a moving conveyance,2 13a birth certificate shall be filed in the county in which the2 14child was first removed from the conveyance.2 15 b. When a birth occurs in an institution or en route to an 2 16 institution, the person in charge of the institution or the 2 17 person's designated representative shall obtain the personal 2 18 data, prepare the certificate,secure the signatures required2 19by the certificate,and file the certificate with thecounty2 20registrarstate registrar, or as otherwise directed by the 2 21 state registrar. Either of the parents of the child or 2 22 another informant shall verify the accuracy of the personal 2 23 data to be entered on the certificate in order to permit the 2 24 filing of the certificate within the time prescribed. The 2 25 physician in attendance or the person in charge of the 2 26 institution or the person's designee shall certify to the 2 27 facts of birth either by signature or as otherwise authorized 2 28 by rule and provide the medical information required by the 2 29 certificate withinsixseven days after the birth. 2 30 c. When a birth occurs outside an institution, the 2 31 certificate shall be prepared and filed by one of the 2 32 following in the indicated order of priority: 2 33 (1) The physician in attendance at or immediately after 2 34 the birth. 2 35 (2) Any other person in attendance at or immediately after 3 1 the birth. 3 2 (3) The father or the mother. 3 3 (4) The person in charge of the premises where the birth 3 4 occurred. 3 5 The state registrar shall establish, by rule, what evidence 3 6 may be required to establish the facts of birth. 3 7 Sec. 6. Section 144.13, subsection 2, Code Supplement 3 8 1995, is amended to read as follows: 3 9 2. If the mother was marriedeither at the time of3 10conception or birthat any time during the period between 3 11 conception and birth, the name of the husband shall be entered 3 12 on the certificate as the father of the child unless paternity 3 13 has been determined otherwise by a court of competent 3 14 jurisdiction, in which case the name of the father as 3 15 determined by the court shall be entered by the department. 3 16 Sec. 7. Section 144.13, subsection 3, Code Supplement 3 17 1995, is amended to read as follows: 3 18 3. If the mother was not marriedeither at the time of3 19conception or birthat any time during the period between 3 20 conception and birth, the name of the father shall not be 3 21 entered on the certificate of birth without the written 3 22 consent of the mother and the person to be named as the 3 23 father, unless a determination of paternity has been made 3 24 pursuant to section 252A.3, in which case the name of the 3 25 father as established shall be entered by the department. If 3 26 the father is not named on the certificate of birth, no other 3 27 information about the father shall be entered on the 3 28 certificate. 3 29 Sec. 8. Section 144.14, Code 1995, is amended to read as 3 30 follows: 3 31 144.14 FOUNDLINGS. 3 32 A person who assumes the custody of a living infant of 3 33 unknown parentage shall reporton a form andin the manner 3 34 prescribed by the state registrar within five days to the 3 35county registrar of the county in which the child was found4 1 state registrar, the following information: 4 2 1. The date and place of finding. 4 3 2. The sex, color or race, and approximate age of child. 4 4 3. The name and address of the person or institution which 4 5 has assumed custody of the child. 4 6 4. The name given to the child by the custodian. 4 7 5. Other data required by the state registrar. 4 8 The place where the child was found shall be entered as the 4 9 place of birth and the date of birth shall be determined by 4 10 approximation. A report registered under this section shall 4 11 constitute the certificate of birth for the infant. 4 12 If the child is identified and a certificate of birth is 4 13 found or obtained, any report registered under this section 4 14 shall be sealed andfiledplaced in a special file and may be 4 15 opened only by order of a court of competent jurisdiction or 4 16 as provided byregulationrule. 4 17 Sec. 9. Section 144.15, unnumbered paragraph 1, Code 1995, 4 18 is amended to read as follows: 4 19 When the birth of a person born in this state has not been 4 20 registered, a certificate may be filed in accordance with 4 21regulationsrule. The certificate shall be registered subject 4 22 to evidentiary requirements prescribed to substantiate the 4 23 alleged facts of birth. Certificates of birth registered one 4 24 year or more after the date of occurrence shall be marked 4 25 "delayed" and shall show on their face the date of the delayed 4 26 registration. A summary statement of the evidence submitted 4 27 in support of the delayed registration shall be endorsed on 4 28 the certificate. A delayed certificate of birth shall not be 4 29 registered for a deceased person. 4 30 Sec. 10. Section 144.26, Code 1995, is amended to read as 4 31 follows: 4 32 144.26 DEATH CERTIFICATE. 4 33 A death certificate for each death which occurs in this 4 34 state shall be filed with thecounty registrar of the county4 35in which the death occursstate registrar or as otherwise 5 1 directed by the state registrar, within three days after the 5 2 death and prior to final disposition, and shall be registered 5 3 by the state registrar if it has been completed and filed in 5 4 accordance with this chapter. All information including the 5 5 certifying physician's name shall be typewritten. 5 6If the place of death is unknown, a death certificate shall5 7be filed in the county in which a dead body is found within5 8three days after the body is found.The county in which a 5 9 dead body is found shall be the county of death. If death 5 10 occurs in a moving conveyance,a death certificate shall be5 11filed inthe county in which the dead body is first removed 5 12 from the conveyance shall be the county of death. 5 13If a person dies outside of the county of the person's5 14residence, the state registrar shall send a copy of the death5 15certificate to the county registrar of the county of the5 16decedent's residence. The county registrar shall record the5 17death certificate in the same records in which death5 18certificates of persons who died within the county are5 19recorded.5 20 Sec. 11. Section 144.27, Code 1995, is amended to read as 5 21 follows: 5 22 144.27 FUNERAL DIRECTOR'S DUTY. 5 23 The funeral director who first assumes custody of a dead 5 24 body shall file the death certificate, obtain the personal 5 25 data from the next of kin or the best qualified person or 5 26 source available and obtain the medical certification of cause 5 27 of death from the person responsible forissuing and signing5 28 completing the certification. When a person other than a 5 29 funeral director assumes custody of a dead body, the person 5 30 shall be responsible for carrying out the provisions of this 5 31 section. 5 32 Sec. 12. Section 144.28, Code 1995, is amended to read as 5 33 follows: 5 34 144.28 MEDICAL CERTIFICATE. 5 35 The medical certification shall be completedand signed6 1 within twenty-four hours after death by the physician in 6 2 charge of the patient's care for the illness or condition 6 3 which resulted in death except when inquiry is required by the 6 4 county medical examiner. When inquiry is required by the 6 5 county medical examiner, the medical examiner shall 6 6 investigate the cause of death and shall completeand signthe 6 7 medical certification within twenty-four hours after taking 6 8 charge of the case. The person completing the cause of death 6 9 shall attest to its accuracy either by signature or as 6 10 authorized by rule. 6 11 Sec. 13. Section 144.29, Code 1995, is amended to read as 6 12 follows: 6 13 144.29 FETAL DEATHS. 6 14 A fetal death certificate for each fetal death which occurs 6 15 in this state after a gestation period of twenty completed 6 16 weeks or greater, or where the fetus weighed three hundred 6 17 fifty grams or more shall be filed with thecounty registrar6 18of the county in which the delivery of the dead fetus occurs,6 19 state registrar within three days after delivery and prior to 6 20 final disposition of the fetus. The certificate shall be 6 21 registered if it has been completed and filed in accordance 6 22 with this chapter. 6 23 The county in which a dead fetus is found shall be the 6 24 county of death.If the place of delivery of a dead fetus is6 25unknown, a fetal death certificate shall be filed in the6 26county in which a dead fetus is found,The certificate shall 6 27 be filed within three days after the fetus is found. If a 6 28 fetal death occurs in a moving conveyance,a fetal death6 29certificate shall be filed inthe county in which the fetus is 6 30 first removed from the conveyance shall be the county of 6 31 death. 6 32 Sec. 14. Section 144.30, Code 1995, is amended to read as 6 33 follows: 6 34 144.30 FUNERAL DIRECTOR'S DUTY. 6 35 The funeral director who first assumes custody of a fetus 7 1 shall file the fetal death certificate. In the absence of 7 2 such a person, the physician or other person in attendance at 7 3 or after the delivery shall file the certificate of fetal 7 4 death. The person filing the certificate shall obtain the 7 5 personal data from the next of kin or the best qualified 7 6 person or source available and shall obtain the medical 7 7 certification of cause of death from the person responsible 7 8 forissuing and signingcompleting the certification. When a 7 9 person other than a funeral director assumes custody of a 7 10 fetus, the person shall be responsible for carrying out the 7 11 provisions of this section. 7 12 Sec. 15. Section 144.31, Code 1995, is amended to read as 7 13 follows: 7 14 144.31 MEDICAL CERTIFICATE. 7 15 The medical certification shall be completedand signed7 16 within twenty-four hours after delivery by the physician in 7 17 attendance at or after delivery except when inquiry is 7 18 required by the county medical examiner. 7 19 When a fetal death occurs without medical attendance upon 7 20 the mother at or after delivery or when inquiry is required by 7 21 the county medical examiner, the medical examiner shall 7 22 investigate the cause of fetal death and shall completeand7 23signthe medical certification within twenty-four hours after 7 24 taking charge of the case. 7 25 The person completing the cause of death shall attest to 7 26 its accuracy either by signature or by an approved electronic 7 27 process. 7 28 Sec. 16. Section 144.38, Code 1995, is amended to read as 7 29 follows: 7 30 144.38 AMENDMENT OF OFFICIAL RECORD. 7 31 To protect the integrity and accuracy of vital statistics 7 32 records, a certificate or record registered under this chapter 7 33 may be amended only in accordance with this chapter and 7 34regulationsrules adoptedhereunderpursuant to this chapter. 7 35 A certificate that is amended under this section shall be 8 1 marked "amended" except as provided in section 144.40. The 8 2 date of amendment and a summary description of the evidence 8 3 submitted in support of the amendment shall be endorsed on or 8 4 made a part of the record. A file shall be maintained which 8 5 identifies the evidence upon which the amendment was based, 8 6 the date of the amendment, and the identity of the person 8 7 making the amendment. The department shall prescribe by 8 8regulationrule the conditions under which additions or minor 8 9 corrections shall be made to birth certificates within one 8 10 year after the date of birth without the certificate being 8 11 marked "amended". 8 12 Sec. 17. Section 144.43, Code 1995, is amended to read as 8 13 follows: 8 14 144.43 VITAL RECORDS CLOSED TO INSPECTION &endash; EXCEPTIONS. 8 15 To protect the integrity of vital statistics records, to 8 16 ensure their proper use, and to ensure the efficient and 8 17 proper administration of the vital statistics system kept by 8 18 the state registrar, access to vital statistics records kept 8 19 by the state registrar shall be limited to the state registrar 8 20 and the state registrar's employees, and then only for 8 21 administrative purposes. It shall be unlawful for the state 8 22 registrar to permit inspection of, or to disclose information 8 23 contained in vital statistics records, or to copy or permit to 8 24 be copied all or part of any such record except as authorized 8 25 byregulationrule. 8 26 However, the following vital statistics records may be 8 27 inspectedand copiedas of right under chapter 22 when they 8 28 are in the custody of a county registraror when they are in8 29the custody of the state archivist and are at least seventy-8 30five years old: 8 31 1. A record of birth. 8 32 2. A record of marriage. 8 33 3. A record of divorce, dissolution of marriage, or 8 34 annulment of marriage. 8 35 4. A record of death if that death was not a fetal death. 9 1 When ninety-five years have elapsed after the date of 9 2 birth, or fifty years have elapsed after the date of death, 9 3 marriage, divorce, dissolution of marriage, or annulment, and 9 4 when the records of these events are in the custody of the 9 5 state archivist they shall become available to the public. 9 6 The state archivist shall establish a process for public 9 7 access that ensures the continued safekeeping of the records. 9 8 Sec. 18. NEW SECTION. 144.45A COMMEMORATIVE BIRTH AND 9 9 MARRIAGE CERTIFICATES. 9 10 Upon application and payment of a twenty-five dollar fee, 9 11 the director may issue a commemorative copy of a certificate 9 12 of birth or a certificate of marriage. Fees collected 9 13 pursuant to this section may be retained by and are 9 14 appropriated to the department to fund private, nonprofit 9 15 organization programs targeted at the prevention of child 9 16 abuse. The director or a designee shall keep an accurate 9 17 record of funds so retained. 9 18 Sec. 19. 1993 Iowa Acts, chapter 55, section 1, subsection 9 19 3, is amended to read as follows: 9 20 3. The project shall be completed on or before June 30, 9 21 1997, and existing vital records shall be converted to the 9 22 electronic system by that date. Moneys appropriated pursuant 9 23 to this section which remainunexpendedunencumbered on June 9 24 30, 1997, shall revert to the general fund of the state. The 9 25 remaining encumbered moneys which remain unexpended on June 9 26 30, 1998, shall revert to the general fund of the state. For 9 27 the fiscal year beginning July 1, 1997, and succeeding fiscal 9 28 years, the provisions of section 144.46, requiring the vital 9 29 records fee to be set by rule based on the average admin- 9 30 istrative costs, shall apply. 9 31 EXPLANATION 9 32 This bill provides for the modernization of vital records 9 33 and facilitates the transition of registrar duties from the 9 34 clerk of the district court to the county recorder. 9 35 The bill establishes procedures for the electronic submis- 10 1 sion of vital records regarding birth and death certificates 10 2 and related data. The bill also provides for changes in the 10 3 birth registration process, and disallows issuance of a 10 4 delayed birth certificate for a deceased person. 10 5 The bill provides for adjustments in the length of time 10 6 that birth, death, and marriage vital statistics records are 10 7 archived and made available for public inspection. The bill 10 8 also provides that the director of public health may issue 10 9 commemorative birth and marriage certificates. 10 10 The bill makes changes relating to funding the vital 10 11 records conversion process to an electronic format through 10 12 encumbering fund moneys obligated on or prior to June 30, 10 13 1997. 10 14 BACKGROUND STATEMENT 10 15 SUBMITTED BY THE AGENCY 10 16 This bill proposes additional statutory changes necessary 10 17 to complete the process of modernization of vital records 10 18 initiated by the 1992 Session of the General Assembly. The 10 19 bill also makes additional changes required to effect the 10 20 transition of registrar duties from the clerk of the district 10 21 court to the county recorder scheduled to be concluded by July 10 22 1, 1997. 10 23 The bill clarifies the definition of live birth to 10 24 distinguish between an actual live birth and various anomalies 10 25 and establishes the process which will allow the electronic 10 26 submission of vital records. 10 27 Changes are made to procedures for the filing of birth 10 28 certificates necessary to allow for the electronic 10 29 registration of births. The electronic birth certificate 10 30 process enables the electronic submission of birth data 10 31 directly to the state and will facilitate the availability of 10 32 birth certificates at all county registrar offices, regardless 10 33 of county of birth. The electronic registration also allows 10 34 for a more timely submission of birth data, reduced from 10 10 35 days to seven days. 11 1 The bill provides that the state registrar shall establish, 11 2 by rule, a process to determine the legitimacy of birth data 11 3 and codifies the current practice of determining when to enter 11 4 the father's name on the birth certificate. Nonsubstantive 11 5 changes are provided consistent with the other changes in the 11 6 birth registration process. 11 7 The bill disallows the issuance of a delayed birth 11 8 certificate for a deceased person. This language will 11 9 strengthen antifraud efforts to reduce the possibility of 11 10 delayed certificates being filed to establish false 11 11 identities. 11 12 The bill makes changes to the filing of death certificates 11 13 necessary to allow for the electronic submission directly to 11 14 the state and clarifies the determination of the county of 11 15 death. The availability of electronic death certificate 11 16 information in every county registrar's office eliminates the 11 17 need to send copies of death certificates to the counties. 11 18 The bill establishes a process of electronic signatures 11 19 necessary for the submission of death data from funeral 11 20 directors, attending physicians, and medical examiners. 11 21 The bill clarifies the definition of fetal death beyond 11 22 gestation to also include weight and makes nonsubstantive 11 23 changes similar and consistent with the electronic reporting 11 24 of death certificates. 11 25 The bill delineates what information shall be filed in sup- 11 26 port of an amended certificate. 11 27 The bill makes changes to the process in which vital 11 28 statistics records are archived and made available for public 11 29 inspection. The proposed language increases from 75 years to 11 30 95 years the length of time before birth records are made 11 31 public and reduces from 75 years to 50 years the length of 11 32 time before death and marriage records are made available. 11 33 These changes reflect the increasing life span of Iowans and 11 34 the increasing interest in death records by genealogists. 11 35 The bill provides that the director of public health may 12 1 issue commemorative birth and marriage certificates. A fee of 12 2 $25 is established and funds generated are directed to be used 12 3 for child abuse prevention. 12 4 The bill makes changes in the fund established to finance 12 5 the modernization of vital statistics. Fees associated with 12 6 issuing copies of vital records prior to June 30, 1997, are 12 7 deposited in the fund. The proposed language retains the 12 8 reversion of unspent funds after the completion of the 12 9 modernization project, however, it does allow the department 12 10 to encumber fund moneys obligated prior to the June 30, 1997, 12 11 reversion date. Such a change is necessary to fund the 12 12 multiyear conversion process of existing vital records into an 12 13 electronic format. 12 14 LSB 3368DP 76 12 15 rn/jw/5.1
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