House File 23 - Introduced HOUSE FILE 23 BY PETTENGILL and JONES A BILL FOR An Act relating to vital statistics certificates or records 1 and vital statistics fees collected by the state and county 2 registrars of vital statistics. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1484YH (6) 86 aw/sc

H.F. 23 Section 1. Section 144.45, Code 2015, is amended to read as 1 follows: 2 144.45 Certified copies —— other copies . 3 1. The state registrar and the county registrar shall, 4 upon written request from any applicant entitled to a record, 5 issue a certified copy of any certificate or record in the 6 registrar’s custody or of a part of a certificate or record. 7 Each copy issued shall show the date of registration; and 8 copies issued from records marked “delayed”, “amended”, or 9 “court order” shall be similarly marked and show the effective 10 date. 11 2. A certified copy of a certificate, or any part thereof, 12 shall be considered for all purposes the same as the original 13 and shall be prima facie evidence of the facts therein stated, 14 provided that the evidentiary value of a certificate or record 15 filed more than one year after the event, or a record which 16 has been amended, shall be determined by the judicial or 17 administrative body or official before whom the certificate is 18 offered as evidence. 19 3. The national division of vital statistics may be 20 furnished copies or data which it requires for national 21 statistics, provided that the state be reimbursed for the cost 22 of furnishing data, and provided further that data shall not 23 be used for other than statistical purposes by the national 24 division of vital statistics unless so authorized by the state 25 registrar. 26 4. Federal, state, local, and other public or private 27 agencies may, upon written request, be furnished copies or data 28 for statistical purposes upon terms or conditions prescribed 29 by the department. 30 5. a. No person shall prepare or issue any certificate 31 which purports to be an original , or certified copy , or copy of 32 a certificate of birth, death, fetal death, or marriage except 33 as authorized in this chapter . 34 b. No person, in the person’s capacity as an employee or 35 -1- LSB 1484YH (6) 86 aw/sc 1/ 3

H.F. 23 agent of the state or a political subdivision of the state, 1 shall prepare or issue any certificate which purports to be a 2 copy of a certificate of birth, death, fetal death, or marriage 3 except as necessary in the scope of the person’s employment or 4 agency or as otherwise authorized in this chapter. 5 Sec. 2. Section 144.46, subsection 1, paragraph b, Code 6 2015, is amended by striking the paragraph. 7 Sec. 3. Section 144.46, Code 2015, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 3. The department shall not establish 10 or maintain, and neither the state registrar nor the county 11 registrar is authorized to collect, a fee for a search of the 12 files or records when no copy is made, or when no record is 13 found on file. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill relates to vital statistics fees collected by the 18 state and county registrars of vital statistics. 19 Under current law, no person is allowed to prepare or 20 issue an original, certified copy, or copy of a certificate 21 of birth, death, fetal death, or marriage except as provided 22 in Code chapter 144. The bill maintains these restrictions 23 for originals and certified copies. For other copies, the 24 bill provides that no person, in the person’s capacity as an 25 employee or agent of the state, or a political subdivision 26 of the state, shall prepare or issue any certificate which 27 purports to be a copy of such a certificate except as necessary 28 in the scope of the person’s employment or agency or as 29 provided in Code chapter 144. 30 Under current law, the department of public health is also 31 required to establish a vital statistics fee, based on average 32 administrative costs, for searches of files or records when a 33 copy of the file or record is not made or when the record is not 34 found. Current law also requires that the fee be collected by 35 -2- LSB 1484YH (6) 86 aw/sc 2/ 3

H.F. 23 the state registrar and county registrars (county recorders). 1 The bill strikes the authorization for establishing and 2 collecting this vital statistics fee and prohibits establishing 3 or collecting such a fee. 4 -3- LSB 1484YH (6) 86 aw/sc 3/ 3