1.1.................... moves to amend H.F. No. 1233 as follows:
1.2Page 411, after line 3, insert:
1.3 "Sec. 5. Minnesota Statutes 2012, section 144.212, is amended to read:
1.4144.212 DEFINITIONS.
1.5 Subdivision 1.
Scope. As used in sections
144.211 to
144.227, the following terms
1.6have the meanings given.
1.7 Subd. 1a.
Amendment. "Amendment" means completion or correction
of made
1.8to certification items on a vital record
. after a certification has been issued or more
1.9than one year after the event, whichever occurs first, that does not result in a sealed or
1.10replaced record.
1.11 Subd. 1b. Authorized representative. "Authorized representative" means an agent
1.12designated in a written and witnessed statement signed by the subject of the record or
1.13other qualified applicant.
1.14 Subd. 1c. Certification item. "Certification item" means all individual items
1.15appearing on a certificate of birth and the demographic and legal items on a certificate
1.16of death.
1.17 Subd. 2.
Commissioner. "Commissioner" means the commissioner of health.
1.18 Subd. 2a. Correction. "Correction" means a change made to a noncertification
1.19item, including information collected for medical and statistical purposes. A correction
1.20also means a change to a certification item within one year of the event provided that no
1.21certification, whether paper or electronic, has been issued.
1.22 Subd. 2b. Court of competent jurisdiction. "Court of competent jurisdiction"
1.23means a court within the United States with jurisdiction over the individual and such other
1.24individuals that the court deems necessary.
1.25 Subd.
2a 2c.
Delayed registration. "Delayed registration" means registration of a
1.26record of birth or death filed one or more years after the date of birth or death.
2.1 Subd. 2d. Disclosure. "Disclosure" means to make available or make known
2.2personally identifiable information contained in a vital record, by any means of
2.3communication.
2.4 Subd. 3.
File. "File" means to present a vital record or report for registration to the
2.5Office of
the State Registrar Vital Records and to have the vital record or report accepted
2.6for registration by the Office of
the State Registrar Vital Records.
2.7 Subd. 4.
Final disposition. "Final disposition" means the burial, interment,
2.8cremation, removal from the state, or other authorized disposition of a dead body or
2.9dead fetus.
2.10 Subd. 4a.
Institution. "Institution" means a public or private establishment that:
2.11(1) provides inpatient or outpatient medical, surgical, or diagnostic care or treatment;
2.12or
2.13(2) provides nursing, custodial, or domiciliary care, or to which persons are
2.14committed by law.
2.15 Subd. 4b. Legal representative. "Legal representative" means a licensed attorney
2.16representing an individual.
2.17 Subd. 4c. Local issuance office. "Local issuance office" means a county
2.18governmental office authorized by the state registrar to issue certified birth and death
2.19records.
2.20 Subd. 4d. Record. "Record" means a report of a vital event that has been registered
2.21by the state registrar.
2.22 Subd. 5.
Registration. "Registration" means the process by which vital records
2.23are completed, filed, and incorporated into the official records of the Office of the State
2.24Registrar.
2.25 Subd. 6.
State registrar. "State registrar" means the commissioner of health or a
2.26designee.
2.27 Subd. 7.
System of vital statistics. "System of vital statistics" includes the
2.28registration, collection, preservation, amendment,
verification, the maintenance of the
2.29security and integrity of, and certification of vital records, the collection of other reports
2.30required by sections
144.211 to
144.227, and related activities including the tabulation,
2.31analysis, publication, and dissemination of vital statistics.
2.32 Subd. 7a. Verification. "Verification" means a confirmation of the information on a
2.33vital record based on the facts contained in a certification.
2.34 Subd. 8.
Vital record. "Vital record" means a record or report of birth, stillbirth,
2.35death, marriage, dissolution and annulment, and data related thereto. The birth record is
2.36not a medical record of the mother or the child.
3.1 Subd. 9.
Vital statistics. "Vital statistics" means the data derived from records and
3.2reports of birth, death, fetal death, induced abortion, marriage, dissolution and annulment,
3.3and related reports.
3.4 Subd. 10. Local registrar. "Local registrar" means an individual designated under
3.5section
144.214, subdivision 1, to perform the duties of a local registrar.
3.6 Subd. 11.
Consent to disclosure. "Consent to disclosure" means an affidavit filed
3.7with the state registrar which sets forth the following information:
3.8(1) the current name and address of the affiant;
3.9(2) any previous name by which the affiant was known;
3.10(3) the original and adopted names, if known, of the adopted child whose original
3.11birth record is to be disclosed;
3.12(4) the place and date of birth of the adopted child;
3.13(5) the biological relationship of the affiant to the adopted child; and
3.14(6) the affiant's consent to disclosure of information from the original birth record of
3.15the adopted child.
3.16 Sec. 6. Minnesota Statutes 2012, section 144.213, is amended to read:
3.17144.213 OFFICE OF THE STATE REGISTRAR VITAL RECORDS.
3.18 Subdivision 1.
Creation; state registrar; Office of Vital Records. The
3.19commissioner shall establish an Office of
the State Registrar Vital Records under the
3.20supervision of the state registrar.
The commissioner shall furnish to local registrars the
3.21forms necessary for correct reporting of vital statistics, and shall instruct the local registrars
3.22in the collection and compilation of the data. The commissioner shall promulgate rules for
3.23the collection, filing, and registering of vital statistics information by
the state
and local
3.24registrars registrar, physicians, morticians, and others. Except as otherwise provided in
3.25sections
144.211 to
144.227, rules previously promulgated by the commissioner relating to
3.26the collection, filing and registering of vital statistics shall remain in effect until repealed,
3.27modified or superseded by a rule promulgated by the commissioner.
3.28 Subd. 2.
General duties. (a) The state registrar shall
coordinate the work of
3.29local registrars to maintain a statewide system of vital statistics. The state registrar is
3.30responsible for the administration and enforcement of sections
144.211 to
144.227, and
3.31shall supervise
local registrars in the enforcement of sections
144.211 to
144.227 and the
3.32rules promulgated thereunder.
Local issuance offices that fail to comply with the statutes
3.33or rules or to properly train employees may have their issuance privileges and access to
3.34the vital records system revoked.
4.1(b) To preserve vital records the state registrar is authorized to prepare typewritten,
4.2photographic, electronic or other reproductions of original records and files in the Office
4.3of Vital Records. The reproductions when certified by the state registrar shall be accepted
4.4as the original records.
4.5(c) The state registrar shall also:
4.6(1) establish, designate, and eliminate offices in the state to aid in the efficient
4.7issuance of vital records;
4.8(2) direct the activities of all persons engaged in activities pertaining to the operation
4.9of the system of vital statistics;
4.10(3) develop and conduct training programs to promote uniformity of policy and
4.11procedures throughout the state in matters pertaining to the system of vital statistics; and
4.12(4) prescribe, furnish, and distribute all forms required by sections 144.211 to
4.13144.227 and any rules adopted under these sections, and prescribe other means for the
4.14transmission of data, including electronic submission, that will accomplish the purpose of
4.15complete, accurate, and timely reporting and registration.
4.16 Subd. 3. Record keeping. To preserve vital records the state registrar is authorized
4.17to prepare typewritten, photographic, electronic or other reproductions of original records
4.18and files in the Office of the State Registrar. The reproductions when certified by the state
4.19or local registrar shall be accepted as the original records.
4.20 Sec. 7.
[144.2131] SECURITY OF VITAL RECORDS SYSTEM.
4.21The state registrar shall:
4.22(1) authenticate all users of the system of vital statistics and document that all users
4.23require access based on their official duties;
4.24(2) authorize authenticated users of the system of vital statistics to access specific
4.25components of the vital statistics systems necessary for their official roles and duties;
4.26(3) establish separation of duties between staff roles that may be susceptible to fraud
4.27or misuse and routinely perform audits of staff work for the purposes of identifying fraud
4.28or misuse within the vital statistics system;
4.29(4) require that authenticated and authorized users of the system of vital
4.30statistics maintain a specified level of training related to security and provide written
4.31acknowledgment of security procedures and penalties;
4.32(5) validate data submitted for registration through site visits or with independent
4.33sources outside the registration system at a frequency specified by the state registrar to
4.34maximize the integrity of the data collected;
5.1(6) protect personally identifiable information and maintain systems pursuant to
5.2applicable state and federal laws;
5.3(7) accept a report of death if the decedent was born in Minnesota or if the decedent
5.4was a resident of Minnesota from the United States Department of Defense or the United
5.5States Department of State when the death of a United States citizen occurs outside the
5.6United States;
5.7(8) match death records registered in Minnesota and death records provided from
5.8other jurisdictions to live birth records in Minnesota;
5.9(9) match death records received from the United States Department of Defense
5.10or the United States Department of State for deaths of United States citizens occurring
5.11outside the United States to live birth records in Minnesota;
5.12(10) work with law enforcement to initiate and provide evidence for active fraud
5.13investigations;
5.14(11) provide secure workplace, storage, and technology environments that have
5.15limited role-based access;
5.16(12) maintain overt, covert, and forensic security measures for certifications,
5.17verifications, and automated systems that are part of the vital statistics system; and
5.18(13) comply with applicable state and federal laws and rules associated with
5.19information technology systems and related information security requirements.
5.20 Sec. 8. Minnesota Statutes 2012, section 144.215, subdivision 3, is amended to read:
5.21 Subd. 3.
Father's name; child's name. In any case in which paternity of a child is
5.22determined by a court of competent jurisdiction,
a declaration of parentage is executed
5.23under section
257.34, or a recognition of parentage is executed under section
257.75, the
5.24name of the father shall be entered on the birth record. If the order of the court declares
5.25the name of the child, it shall also be entered on the birth record. If the order of the court
5.26does not declare the name of the child, or there is no court order, then upon the request of
5.27both parents in writing, the surname of the child shall be defined by both parents.
5.28 Sec. 9. Minnesota Statutes 2012, section 144.215, subdivision 4, is amended to read:
5.29 Subd. 4.
Social Security number registration. (a) Parents of a child born within
5.30this state shall give the parents' Social Security numbers to the Office of
the State Registrar
5.31 Vital Records at the time of filing the birth record, but the numbers shall not appear on
5.32the
certified record.
5.33(b) The Social Security numbers are classified as
private confidential data
, as defined
5.34in section
13.02, subdivision 12, on individuals, but the Office of
the State Registrar Vital
6.1Records shall provide a Social Security number to the public authority responsible for
6.2child support services upon request by the public authority for use in the establishment of
6.3parentage and the enforcement of child support obligations.
6.4 Sec. 10. Minnesota Statutes 2012, section 144.216, subdivision 1, is amended to read:
6.5 Subdivision 1.
Reporting a foundling. Whoever finds a live born infant of unknown
6.6parentage shall report within five days to the Office of
the State Registrar Vital Records
6.7 such information as the commissioner may by rule require to identify the foundling.
6.8 Sec. 11. Minnesota Statutes 2012, section 144.217, subdivision 2, is amended to read:
6.9 Subd. 2.
Court petition. If a delayed record of birth is rejected under subdivision
6.101, a person may petition the appropriate court
in the county in which the birth allegedly
6.11occurred for an order establishing a record of the date and place of the birth and the
6.12parentage of the person whose birth is to be registered. The petition shall state:
6.13(1) that the person for whom a delayed record of birth is sought was born in this state;
6.14(2) that no record of birth can be found in the Office of
the State Registrar Vital
6.15Records;
6.16(3) that diligent efforts by the petitioner have failed to obtain the evidence required
6.17in subdivision 1;
6.18(4) that the state registrar has refused to register a delayed record of birth; and
6.19(5) other information as may be required by the court.
6.20 Sec. 12. Minnesota Statutes 2012, section 144.218, subdivision 5, is amended to read:
6.21 Subd. 5.
Replacement of vital records. Upon the order of a court of this state, upon
6.22the request of a court of another state,
upon the filing of a declaration of parentage under
6.23section
257.34, or upon the filing of a recognition of parentage with
a the state registrar, a
6.24replacement birth record must be registered consistent with the findings of the court
, the
6.25declaration of parentage, or the recognition of parentage.
6.26 Sec. 13.
[144.2181] AMENDMENT AND CORRECTION OF VITAL RECORDS.
6.27(a) A vital record registered under sections 144.212 to 144.227 may be amended
6.28or corrected only according to sections 144.212 to 144.227 and rules adopted by the
6.29commissioner of health to protect the integrity and accuracy of vital records.
6.30(b)(1) A vital record that is amended under this section shall indicate that it has been
6.31amended, except as otherwise provided in this section or by rule.
7.1(2) Electronic documentation shall be maintained by the state registrar that
7.2identifies the evidence upon which the amendment or correction was based, the date
7.3of the amendment or correction, and the identity of the authorized person making the
7.4amendment or correction.
7.5(c) Upon receipt of a certified copy of an order of a court of competent jurisdiction
7.6changing the name of a person whose birth is registered in Minnesota and upon request of
7.7such person if 18 years of age or older or having the status of emancipated minor, the state
7.8registrar shall amend the birth record to show the new name. If the person is a minor or
7.9an incapacitated person then a parent, guardian, or legal representative of the minor or
7.10incapacitated person may make the request.
7.11(d) When an applicant does not submit the minimum documentation required for
7.12amending a vital record or when the state registrar has cause to question the validity
7.13or completeness of the applicant's statements or the documentary evidence, and the
7.14deficiencies are not corrected, the state registrar shall not amend the vital record. The
7.15state registrar shall advise the applicant of the reason for this action and shall further
7.16advise the applicant of the right of appeal to a court with competent jurisdiction over
7.17the Department of Health.
7.18 Sec. 14. Minnesota Statutes 2012, section 144.225, is amended to read:
7.19144.225 DISCLOSURE OF INFORMATION FROM VITAL RECORDS.
7.20 Subdivision 1.
Public information; access to vital records. Except as otherwise
7.21provided for in this section and section
144.2252, information contained in vital records
7.22shall be public information. Physical access to vital records shall be subject to the
7.23supervision and regulation of
the state
and local registrars registrar and
their employees
7.24pursuant to rules promulgated by the commissioner in order to protect vital records from
7.25loss, mutilation or destruction and to prevent improper disclosure of vital records which
7.26are confidential or private data on individuals, as defined in section
13.02, subdivisions
7.273 and 12.
7.28 Subd. 2.
Data about births. (a) Except as otherwise provided in this subdivision,
7.29data pertaining to the birth of
a child to a woman who was not married to the child's father
7.30when the child was conceived nor when the child was born, including the original record
7.31of birth and the certified vital record an individual, are confidential data.
At the time of
7.32the birth of a child to a woman who was not married to the child's father when the child
7.33was conceived nor when the child was born, the mother may designate demographic data
7.34pertaining to the birth as public. Notwithstanding the designation of the data as confidential,
8.1it may upon the proper completion of an attestation provided by the commissioner and
8.2payment of the required fee, demographic birth data by certified record shall be disclosed:
8.3(1) to a parent
or guardian of the
child individual;
8.4(2) to the
child individual when the
child individual is 16 years of age or older;
8.5(3) under paragraph (b) or (e); or
8.6(4) pursuant to a court order. For purposes of this section, a subpoena does not
8.7constitute a court order
.;
8.8(5) to the legal custodian, guardian or conservator, or health care agent of the
8.9individual;
8.10(6) to adoption agencies in order to complete confidential postadoption searches as
8.11required by section 259.83;
8.12(7) to any local, state, or federal governmental agency upon request if the certified
8.13vital record is necessary for the governmental agency to perform its authorized duties; or
8.14(8) to a representative authorized by a person under clauses (1) to (7).
8.15(b) Unless the
child individual is adopted, data pertaining to the birth of
a child an
8.16individual that are not accessible to the public become public data if
100 125 years have
8.17elapsed since the birth of the
child individual who is the subject of the data, or as provided
8.18under section
13.10, whichever occurs first.
8.19(c) If a child is adopted, data pertaining to the child's birth are governed by the
8.20provisions relating to adoption records, including sections
13.10, subdivision 5;
144.218,
8.21subdivision 1
;
144.2252; and
259.89.
8.22(d) The name and address of a mother under paragraph (a) and the child's date of
8.23birth may be disclosed to the county social services or public health member of a family
8.24services collaborative for purposes of providing services under section
124D.23.
8.25(e) The commissioner of human services shall have access to birth records for:
8.26(1) the purposes of administering medical assistance, general assistance medical
8.27care, and the MinnesotaCare program;
8.28(2) child support enforcement purposes; and
8.29(3) other public health purposes as determined by the commissioner of health.
8.30(f) The fact of birth consisting of the name of the individual, date of birth, county of
8.31birth, and state file number are public data.
8.32 Subd. 2a.
Health data associated with birth registration. Information from which
8.33an identification of risk for disease, disability, or developmental delay in a mother or child
8.34can be made, that is collected in conjunction with birth registration or fetal death reporting,
8.35is
private confidential data
as defined in section
13.02, subdivision 12. The commissioner
8.36may disclose to a local board of health, as defined in section
145A.02, subdivision 2,
9.1health data associated with birth registration which identifies a mother or child at high
9.2risk for serious disease, disability, or developmental delay in order to assure access to
9.3appropriate health, social, or educational services. Notwithstanding the designation of the
9.4private confidential data, the commissioner of human services shall have access to health
9.5data associated with birth registration for:
9.6(1) purposes of administering medical assistance, general assistance medical care,
9.7and the MinnesotaCare program; and
9.8(2) for other public health purposes as determined by the commissioner of health.
9.9 Subd. 2b.
Commissioner of health; duties. Notwithstanding the designation of
9.10certain of this data as confidential under subdivision 2 or
private under subdivision 2a,
9.11the commissioner shall give the commissioner of human services access to birth record
9.12data and data contained in recognitions of parentage prepared according to section
257.75
9.13necessary to enable the commissioner of human services to identify a child who is subject
9.14to threatened injury, as defined in section
626.556, subdivision 2, paragraph (l), by a
9.15person responsible for the child's care, as defined in section
626.556, subdivision 2,
9.16paragraph (b), clause (1). The commissioner shall be given access to all data included
9.17on official birth records.
9.18 Subd. 3.
Laws and rules for preparing vital records. No person shall prepare or
9.19issue any vital record which purports to be an original, certified copy, or copy of a vital
9.20record except as authorized in sections
144.211 to
144.227 or the rules of the commissioner.
9.21 Subd. 4.
Access to records for research purposes. The state registrar may permit
9.22persons performing medical research access to the information restricted in subdivision
9.232
or 2a if those persons agree in writing not to disclose
private or confidential data on
9.24individuals.
9.25 Subd. 5.
Residents of other states. When a resident of another state is born or dies in
9.26this state, the state registrar shall send a report of the birth or death to the state of residence.
9.27 Subd. 6.
Group purchaser identity; nonpublic data; disclosure. (a) Except
9.28as otherwise provided in this subdivision, the named identity of a group purchaser as
9.29defined in section
62J.03, subdivision 6, collected in association with birth registration is
9.30nonpublic data as defined in section
13.02.
9.31(b) The commissioner may publish, or by other means release to the public, the
9.32named identity of a group purchaser as part of an analysis of information collected from
9.33the birth registration process. Analysis means the identification of trends in prenatal care
9.34and birth outcomes associated with group purchasers. The commissioner may not reveal
9.35the named identity of the group purchaser until the group purchaser has had 21 days
9.36after receipt of the analysis to review the analysis and comment on it. In releasing data
10.1under this subdivision, the commissioner shall include comments received from the group
10.2purchaser related to the scientific soundness and statistical validity of the methods used in
10.3the analysis. This subdivision does not authorize the commissioner to make public any
10.4individual identifying data except as permitted by law.
10.5(c) A group purchaser may contest whether an analysis made public under paragraph
10.6(b) is based on scientifically sound and statistically valid methods in a contested case
10.7proceeding under sections
14.57 to
14.62, subject to appeal under sections
14.63 to
10.814.68
. To obtain a contested case hearing, the group purchaser must present a written
10.9request to the commissioner before the end of the time period for review and comment.
10.10Within ten days of the assignment of an administrative law judge, the group purchaser
10.11must demonstrate by clear and convincing evidence the group purchaser's likelihood of
10.12succeeding on the merits. If the judge determines that the group purchaser has made
10.13this demonstration, the data may not be released during the contested case proceeding
10.14and through appeal. If the judge finds that the group purchaser has not made this
10.15demonstration, the commissioner may immediately publish, or otherwise make public, the
10.16nonpublic group purchaser data, with comments received as set forth in paragraph (b).
10.17(d) The contested case proceeding and subsequent appeal is not an exclusive remedy
10.18and any person may seek a remedy pursuant to section
13.08, subdivisions 1 to 4, or
10.19as otherwise authorized by law.
10.20 Subd. 7.
Certified birth or death record. (a) The state
or local registrar
or local
10.21issuance office shall issue a certified
birth or death record or a statement of no vital record
10.22found to an individual upon the individual's proper completion of an attestation provided
10.23by the commissioner
and payment of the required fee:
10.24(1) to a person who has a tangible interest in the requested vital record. A person
10.25who has a tangible interest is:
10.26(i) the subject of the vital record;
10.27(ii) (i) a child of the
subject decedent;
10.28(iii) (ii) the spouse of the
subject decedent;
10.29(iv) (iii) a parent of the
subject decedent;
10.30(v) (iv) the grandparent or grandchild of the
subject decedent;
10.31(vi) if the requested record is a death record, (v) a sibling of the
subject decedent;
10.32(vii) (vi) the party responsible for filing the vital record;
10.33(viii) (vii) the legal custodian, guardian or conservator, or health care agent of the
10.34subject decedent;
10.35(ix) (viii) a personal representative, by sworn affidavit of the fact that the certified
10.36copy is required for administration of the estate;
11.1(x) (ix) a successor of the
subject decedent, as defined in section
524.1-201, if
11.2the subject is deceased, by sworn affidavit of the fact that the certified copy is required
11.3for administration of the estate;
11.4(xi) if the requested record is a death record, (x) a trustee of a trust by sworn affidavit
11.5of the fact that the certified copy is needed for the proper administration of the trust;
or
11.6(xii) (xi) a person or entity who demonstrates that a certified vital record is necessary
11.7for the determination or protection of a personal or property right, pursuant to rules
11.8adopted by the commissioner;
or
11.9(xiii) adoption agencies in order to complete confidential postadoption searches as
11.10required by section
259.83;
11.11(2) to any local, state, or federal governmental agency upon request if the certified
11.12vital record is necessary for the governmental agency to perform its authorized duties
.
11.13An authorized governmental agency includes the Department of Human Services, the
11.14Department of Revenue, and the United States Citizenship and Immigration Services;
11.15(3) to an attorney upon evidence of the attorney's license;
11.16(4) pursuant to a court order issued by a court of competent jurisdiction. For
11.17purposes of this section, a subpoena does not constitute a court order; or
11.18(5) to a representative authorized by a person under clauses (1) to (4).
11.19(b) The state
or local registrar
or local issuance office shall also issue a certified
11.20death record to an individual described in paragraph (a), clause (1), items (ii) to (viii), if,
11.21on behalf of the individual, a licensed mortician furnishes the registrar with a properly
11.22completed attestation in the form provided by the commissioner within 180 days of the
11.23time of death of the subject of the death record. This paragraph is not subject to the
11.24requirements specified in Minnesota Rules, part 4601.2600, subpart 5, item B.
11.25 Subd. 8.
Standardized format for certified birth and death records. No later than
11.26July 1, 2000, The commissioner shall
develop maintain a standardized format for certified
11.27birth records and death records issued by
the state
and local registrars registrar and local
11.28issuance offices. The format shall incorporate security features in accordance with this
11.29section.
The standardized format must be implemented on a statewide basis by July 1, 2001.
11.30 Sec. 15. Minnesota Statutes 2012, section 144.226, is amended to read:
11.31144.226 FEES.
11.32 Subdivision 1.
Which services are for fee. The fees for the following services shall
11.33be the following or an amount prescribed by rule of the commissioner:
11.34(a) The fee for the issuance of a certified vital record
, a search for a vital record that
11.35cannot be issued, or a certification that the vital record cannot be found is $9.
No fee shall be
12.1charged for a certified birth, stillbirth, or death record that is reissued within one year of the
12.2original issue, if an amendment is made to the vital record and if the previously issued vital
12.3record is surrendered. The fee is
payable at the time of application and is nonrefundable.
12.4(b) The fee for processing a request for the replacement of a birth record for
12.5all events, except when filing a recognition of parentage pursuant to section
257.73,
12.6subdivision 1
, is $40. The fee is payable at the time of application and is nonrefundable.
12.7(c) The fee for
reviewing and processing a request for the filing of a delayed
12.8registration of birth, stillbirth, or death is $40. The fee is payable at the time of application
12.9and is nonrefundable.
This fee includes one subsequent review of the request if the request
12.10is not acceptable upon the initial receipt.
12.11(d) The fee for
reviewing and processing a request for the amendment of any vital
12.12record
when requested more than 45 days after the filing of the vital record is $40.
No fee
12.13shall be charged for an amendment requested within 45 days after the filing of the vital
12.14record. The fee is payable at the time of application and is nonrefundable.
This fee includes
12.15one subsequent review of the request if the request is not acceptable upon the initial receipt.
12.16(e) The fee for
reviewing and processing a request for the verification of information
12.17from vital records is $9 when the applicant furnishes the specific information to locate
12.18the vital record. When the applicant does not furnish specific information, the fee is
12.19$20 per hour for staff time expended. Specific information includes the correct date of
12.20the event and the correct name of the
registrant subject of the record. Fees charged shall
12.21approximate the costs incurred in searching and copying the vital records. The fee is
12.22payable at the time of application and is nonrefundable.
12.23(f) The fee for
reviewing and processing a request for the issuance of a copy of any
12.24document on file pertaining to a vital record or statement that a related document cannot
12.25be found is $9. The fee is payable at the time of application and is nonrefundable.
12.26 Subd. 2.
Fees to state government special revenue fund. Fees collected under
12.27this section by the state registrar shall be deposited
in the state treasury and credited to
12.28the state government special revenue fund.
12.29 Subd. 3.
Birth record surcharge. (a) In addition to any fee prescribed under
12.30subdivision 1, there shall be a nonrefundable surcharge of $3 for each certified birth or
12.31stillbirth record and for a certification that the vital record cannot be found. The
local or
12.32 state registrar
or local issuance office shall forward this amount to the commissioner of
12.33management and budget for deposit into the account for the children's trust fund for the
12.34prevention of child abuse established under section
256E.22. This surcharge shall not be
12.35charged under those circumstances in which no fee for a certified birth or stillbirth record
12.36is permitted under subdivision 1, paragraph (a). Upon certification by the commissioner of
13.1management and budget that the assets in that fund exceed $20,000,000, this surcharge
13.2shall be discontinued.
13.3(b) In addition to any fee prescribed under subdivision 1, there shall be a
13.4nonrefundable surcharge of $10 for each certified birth record. The
local or state registrar
13.5or local issuance office shall forward this amount to the commissioner of management and
13.6budget for deposit in the general fund.
This surcharge shall not be charged under those
13.7circumstances in which no fee for a certified birth record is permitted under subdivision 1,
13.8paragraph (a).
13.9 Subd. 4.
Vital records surcharge. (a) In addition to any fee prescribed under
13.10subdivision 1, there is a nonrefundable surcharge of
$2 $4 for each certified and
13.11noncertified birth, stillbirth, or death record, and for a certification that the record cannot
13.12be found. The local
issuance office or state registrar shall forward this amount to the
13.13commissioner of management and budget to be deposited into the state government special
13.14revenue fund.
This surcharge shall not be charged under those circumstances in which no
13.15fee for a birth, stillbirth, or death record is permitted under subdivision 1, paragraph (a).
13.16(b) Effective August 1, 2005, the surcharge in paragraph (a) is $4.
13.17 Subd. 5.
Electronic verification. A fee for the electronic verification
or electronic
13.18certification of a vital event, when the information being verified
or certified is obtained
13.19from a certified birth or death record, shall be established through contractual or
13.20interagency agreements
with interested local, state, or federal government agencies.
13.21 Subd. 6.
Alternative payment methods. Notwithstanding subdivision 1, alternative
13.22payment methods may be approved and implemented by the state registrar or a local
13.23registrar issuance office."
13.24Page 447, after line 20, insert:
13.25 "Sec. 77. Minnesota Statutes 2012, section 257.75, subdivision 7, is amended to read:
13.26 Subd. 7.
Hospital and Department of Health; recognition form. Hospitals that
13.27provide obstetric services and the state registrar of vital statistics shall distribute the
13.28educational materials and recognition of parentage forms prepared by the commissioner of
13.29human services to new parents, shall assist parents in understanding the recognition of
13.30parentage form, including following the provisions for notice under subdivision 5, shall
13.31provide notary services for parents who complete the recognition of parentage form, and
13.32shall timely file the completed recognition of parentage form with the Office of
the State
13.33Registrar of Vital
Statistics Records unless otherwise instructed by the Office of
the State
13.34Registrar of Vital
Statistics Records.
On and after January 1, 1994, hospitals may not
13.35distribute the declaration of parentage forms.
14.1 Sec. 78. Minnesota Statutes 2012, section 260C.635, subdivision 1, is amended to read:
14.2 Subdivision 1.
Legal effect. (a) Upon adoption, the adopted child becomes the legal
14.3child of the adopting parent and the adopting parent becomes the legal parent of the child
14.4with all the rights and duties between them of a birth parent and child.
14.5(b) The child shall inherit from the adoptive parent and the adoptive parent's
14.6relatives the same as though the child were the birth child of the parent, and in case of the
14.7child's death intestate, the adoptive parent and the adoptive parent's relatives shall inherit
14.8the child's estate as if the child had been the adoptive parent's birth child.
14.9(c) After a decree of adoption is entered, the birth parents or previous legal parents
14.10of the child shall be relieved of all parental responsibilities for the child except child
14.11support that has accrued to the date of the order for guardianship to the commissioner
14.12which continues to be due and owing. The child's birth or previous legal parent shall not
14.13exercise or have any rights over the adopted child or the adopted child's property, person,
14.14privacy, or reputation.
14.15(d) The adopted child shall not owe the birth parents or the birth parent's relatives
14.16any legal duty nor shall the adopted child inherit from the birth parents or kindred unless
14.17otherwise provided for in a will of the birth parent or kindred.
14.18 (e) Upon adoption, the court shall complete a certificate of adoption form and mail
14.19the form to the Office of
the State Registrar Vital Records at the Minnesota Department
14.20of Health. Upon receiving the certificate of adoption, the state registrar shall register a
14.21replacement vital record in the new name of the adopted child as required under section
14.22144.218
.
14.23 Sec. 79. Minnesota Statutes 2012, section 517.001, is amended to read:
14.24517.001 DEFINITION.
14.25As used in this chapter, "local registrar"
has the meaning given in section
144.212,
14.26subdivision 10
means an individual designated by the county board of commissioners to
14.27register marriages."
14.28Renumber the sections in sequence and correct the internal references
14.29Amend the title accordingly