SB 147

UNOFFICIAL COPY  26 RS SB 147/GA
1AN ACT relating to vital records.
2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:
3Section 1. KRS 213.136 is amended to read as follows:
4 (1)     The state or county registrar shall, upon written request from an applicant entitled
5to a record in accordance with administrative regulations promulgated by the
6cabinet,[receipt of an application] issue a certified copy of any certificate or[a
7vital] record in the registrar's custody[ or a part thereof to any applicant]. Each
8certified copy[ issued] shall indicate[show] the date of registration. If the record is[
9and copies issued from records] marked "delayed" or "amended," or issued
10pursuant to a court order, the certified copy shall bear the same designation and
11include the effective date of the modification[ shall be similarly marked and show
12the effective date. The documentary evidence used to establish a delayed certificate
13shall be shown on all copies issued. All forms and procedures used in the issuance
14of certified copies of vital records in the Commonwealth shall be provided or
15approved by the state registrar].
16 (2)     A certified copy of a vital record or any part thereof, issued in accordance with
17subsection (1) of this section, shall be considered the legal equivalent of[for all
18purposes the same as] the original and shall serve as[be] prima facie evidence of the
19facts stated therein. The evidentiary value of a record filed more than one (1) year
20after the event, a record that has been amended, or a record of a foreign live
21birth[certificate or record which has been amended] shall be determined by the
22judicial or administrative body, or official before which the certificate is offered as
23evidence.
24 (3)     [The federal agency responsible for national vital statistics may be furnished copies
25or data from the system of vital statistics for national statistics, if the federal agency
26shares in the cost of collecting, processing, and transmitting the data, and if the data
27is not used for other than statistical purposes by the federal agency unless so
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1authorized by the cabinet.
2 (4)     Federal, state, local, and other public or private agencies may, upon request, be
3furnished copies or data from the system of vital statistics for statistical or
4administrative purposes upon terms or conditions as may be prescribed by
5regulation if the copies or data are not used for purposes other than those for which
6they were requested without prior permission of the cabinet. No information other
7than statistical data shall be provided for commercial purposes.
8 (5)     The cabinet may, by agreement, transmit copies of records and other reports
9required by this chapter to offices of vital statistics outside the Commonwealth
10when the records or other reports relate to residents of those jurisdictions or persons
11born in those jurisdictions. The agreement shall require that the copies be used for
12statistical and administrative purposes only and the agreement shall further provide
13for the retention and disposition of the copies. Copies received by the Vital
14Statistics Branch from offices of vital statistics in other states shall be handled in
15the same manner as prescribed in this section.
16 (6)     ]No person shall prepare or issue any document purporting[certificate which
17purports] to be an original, certified copy, or copy of a certificate of birth, death,
18fetal death, or marriage[vital record] except as authorized in this section or
19regulation adopted hereunder.
20Section 2. KRS 213.141 is amended to read as follows:
21 (1)     Except as provided in subsection (4)[(2]) of this section, the cabinet shall prescribe
22by regulation a fee not to exceed ten dollars ($10)[five dollars ($5)], to be paid for:
23(a)     1.      Certification of records, whether paper or electronic.
242.      [ certified copies of certificates or records, or for ]A search of the files
25or records when no certification[copy] is made.
263.      [, or for ]Copies or information provided for health, research, statistical,
27or administrative purposes.
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14.      Copies of information provided in response to a subpoena or court
2order;
3(b)     Verification of information contained in vital records when such
4information is provided; or
5(c)     A request to modify or replace a vital record in accordance with KRS
6Chapter 213, provided that a fee shall not be assessed to modify the cause or
7manner of death or for a correction to public health statistical data collected
8through vital record registration.
9 (2)     The cabinet shall prescribe by administrative regulation pursuant to KRS Chapter
1013A a fee not to exceed fifteen dollars ($15)[ten dollars ($10)] to be paid for a
11certified copy of a record of a birth:
12(a)     Three dollars ($3) of which shall be used by the Cabinet for Health and
13Family Services for the sole purpose of contracting for the operation of
14private, not-for-profit, self-help, education, and support groups for parents
15who want to prevent or cease physical, sexual, or mental abuse of children;
16and
17(b)     One dollar ($1) of which shall be used by the Division of Maternal and Child
18Health to pay for therapeutic food, formulas, supplements, amino acid-based
19elemental formula, or low-protein modified foods for all inborn errors of
20metabolism and genetic conditions if:
211.      The therapeutic food, formulas, supplements, amino acid-based
22elemental formula, or low-protein modified food products are medically
23indicated for the therapeutic treatment of inborn errors of metabolism or
24genetic conditions and are administered under the direction of a
25physician; and
262.      The affected person's therapeutic food, formulas, supplements, amino
27acid-based elemental formula, or low-protein foods are not covered
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1under any public or private health benefit plan.
2 (3)     Fees collected under this section by the state registrar shall be used to help defray
3the cost of administering the system of vital statistics.
4 (4)     No fee or compensation shall be allowed or paid for furnishing certificates of
5birth or death when required:
6(a)     [No fee or compensation shall be allowed or paid for furnishing certificates of
7birth or death required ]In support of any claim against the government for
8compensation, insurance, back pay, or other allowances or benefits for any
9person who has at any time served as a member of the Army, Navy, Marine
10Corps, or Air Force of the United States;[.]
11(b)     [No fee or compensation shall be allowed or paid ]For furnishing a certificate
12of birth to a member of the Kentucky National Guard who has received
13deployment orders during the sixty (60) days prior to the furnishing of the
14certificate;[.]
15(c)     [No fee or compensation shall be allowed or paid ]For furnishing a certificate
16of birth to a child who is in the custody of or committed to the cabinet,
17including a child who has extended commitment to the cabinet in accordance
18with KRS 610.110(6);[.]
19(d)     [No fee or compensation shall be allowed or paid ]For furnishing a certificate
20of birth to a homeless individual as defined in KRS 198A.700, or a homeless
21youth as defined in 42 U.S.C. sec. 11434a(2) who is under twenty-five (25)
22years of age, provided the homeless individual or homeless youth has been
23verified as homeless by at least one (1) of the following:
241.      A director or designee of a governmental or nonprofit agency that
25receives public or private funding to provide services to homeless
26people;
272.      A local educational agency liaison for homeless children and youths
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1designated pursuant to 42 U.S.C. sec. 11432(g)(1)(J)(ii) or a school
2social worker or school counselor;
33.       The director or director's designee of a federal TRIO Program or a
4Gaining Early Awareness and Readiness for Undergraduate Program; or
54.       A financial aid administrator for an institution of higher education;[.]
6(e)     For furnishing a certificate of death of an individual who has died in the
7line of duty to state or federal agencies, as defined by the applicable
8provisions of Kentucky Revised Statutes; or
9(f)     Upon the Governor's declaration of a natural disaster within the state, and
10when the commissioner of the Department for Public Health declares a
11waiver of the fee for a vital record certificate for the victims of the disaster.
12 (5)     The Office of Vital Statistics may waive the fee for verification of a vital event
13requested by a member of a state or federal law enforcement agency authorized to
14investigate matters involving public safety.
15 (6)    (a)[(5)]  The cabinet shall notify the State Board of Elections monthly of the
16name, address, birthdate, sex, race, and Social Security number of residents of
17the Commonwealth who died during the previous month. This data shall
18include only those persons who were over the age of eighteen (18) years at the
19date of death. No fee or compensation shall be allowed for furnishing these
20lists.
21(b)     To ensure the State Board of Elections accurately removes names from the
22voter registration records it maintains, the cabinet shall provide a copy of
23the Annual Lifetime Kentucky Death Report to the State Board of Elections
24on or before July 1 of each year.
25Section 3. KRS 116.113 is amended to read as follows:
26 (1)    (a)      Upon receipt of notification from the Cabinet for Health and Family Services
27or other reliable sources of the death of a person, the State Board of Elections
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1shall within five (5) days cause the removal of the name of that person from
2the voter registration records it maintains, except that no voter's name may be
3removed during the period of time the registration books are closed for any
4primary, general, or special election.
5(b)     To ensure that the State Board of Elections accurately removes names from
6the voter registration records it maintains, the Cabinet for Health and Family
7Services shall provide a copy of the Annual Lifetime Kentucky Death
8Report[lifetime Kentucky death records] to the State Board of Elections on or
9before July 1 of each year.
10 (2)     Upon receipt of notification from the circuit clerk that a person has been declared
11incompetent, the State Board of Elections shall within five (5) days cause the
12removal of the name of that person from the voter registration records it maintains,
13except that no voter's name may be removed during the period of time the
14registration books are closed for any primary, general, or special election.
15 (3)     Upon receipt of notification from the Administrative Office of the Courts that a
16person has been excused from jury duty for not being a citizen of the United States,
17the State Board of Elections shall within five (5) days cause the removal of the
18name of that person from the voter registration records it maintains, except that no
19voter's name may be removed during the period of time the registration books are
20closed for any primary, general, or special election.
21 (4)     Upon receipt of notification from the Administrative Office of the Courts or the
22United States Department of Justice that a person has been convicted of a felony
23offense, the State Board of Elections shall within five (5) days cause the removal of
24the name of that person from the voter registration records it maintains, except that
25no voter's name may be removed during the period of time the registration books
26are closed for any primary, general, or special election.
27 (5)     Upon receipt of notification from a local or state jurisdiction that a voter has
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1registered to vote in the new local or state jurisdiction outside of the
2Commonwealth, the State Board of Elections shall within five (5) days cause the
3removal of the name of that person from the voter registration records that it
4maintains, except that no voter's name may be removed during the period of time
5the registration books are closed for any primary, regular election, or special
6election.
7 (6)     Following the purge of a name from the records of the State Board of Elections, the
8state board shall notify the clerk of the county in which the voter lived of the action;
9and the county clerk shall within ten (10) days update the county voter registration
10files to reflect the necessary change. If a protest is filed by the voter, the county
11board shall hear it at its next regular monthly meeting. If the county board decides
12in favor of the protesting voter, the voter's registration record shall be restored,
13including his or her voting record. If the protest is filed while the registration books
14are closed and the county board decides in favor of the protesting voter, the county
15board shall issue the voter an "Authorization to Vote" for the upcoming election
16and the voter's record shall be restored when the registration books open following
17the election.
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