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By Mr. Calter of Kingston, petition (accompanied by bill, House, No. 2054) of Thomas J. Calter relative to birth, marriage and death records. Public Health. |
The Commonwealth of Massachusetts
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PETITION OF:
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In the Year Two Thousand and Seven.
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Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter
46 of the General Laws, as appearing in the 2000 Official Edition, is hereby
amended by striking out section 2 and inserting in place thereof the following
section:—
Section 2. The state registrar shall be responsible for preparing an index of
the records under its jurisdiction. If vital records are automated into a
database, said database shall fulfill the requirements of such an index. The
state registrar shall make such automated database available to the custodians
of vital records consistent with restrictions expressed in sections 2A and 13
of this chapter.
Custodians are authorized to reproduce vital records, returns and reports
required under this chapter for transmission to other custodians for the
purpose of preserving the original copies of vital records and reports. Such
reproductions may be prepared in a typewritten, photographic, micrographic or
electronic media consistent with all applicable regulations.
A certified copy of such a record signed by a custodian shall be admissible as
evidence of such record. The paper records from which such reproductions have
been made shall be retained as permanent records by the custodian required to
maintain such vital records.
Certified copies may be issued from such reproductions of the vital records and
reports. The seal authorized for the use of the custodian shall denote such
certification. Such certification may occur from a centralized, automated
database of vital records. The fee for a certified copy issued by any custodian
from the centralized, automated database for a record not in his or her
physical custody, will be uniform throughout the commonwealth. Any such
automated database shall contain records management controls, which insure the
authenticity and the integrity of the information that the original records
contain.
Vital records in the custody of the archives of the commonwealth may be issued
in a format other than certified copies.
SECTION 2. Section 12 of said chapter 46
of the General Laws, as appearing in the 2000 Official Edition, is hereby
amended by inserting at the end thereof the following sentence:—
Effective with the completion of the automation of vital records as determined
by the special vital records and statistics committee but no sooner than
January 1, 2008, the transmission of copies of birth and death records to
custodians in the community of residence, as provided in this section, shall
cease. Such automation shall provide full access to all data currently
available to custodians in the community of residence. Thereafter, the state
registrar shall transmit at least quarterly to town clerks in the commonwealth
a list of births and deaths that have occurred in their towns.
SECTION 3. Chapter 46 of the General
Laws, as appearing in the 2000 Official Edition, is hereby amended by striking
out section 16 and inserting in place thereof the following section:—
Section 16. Uniform forms and instructions for the preparation of vital
records. The state registrar shall prepare and furnish to the clerks, boards of
health of towns, physicians, hospitals, probate and district courts, and others
involved in the preparation and registration of all vital records, forms for
returns, on paper of uniform size, and any necessary instructions and
explanations. Such forms used for permanent records shall meet any regulations
of the supervisor of public records. Any forms for returns and other materials
not supplied by the state registrar shall be approved by the state registrar
and the special vital records and statistics committee and shall be subject to
any applicable regulations of the supervisor of public records. Any electronic
program for the preparation, collection, storage or issuance of vital records,
not part of the statewide vital records system, must be approved by the state
registrar and the special vital records and statistics committee and shall be
subject to any applicable regulations of the supervisor of public records.
SECTION 4. Section 17D of chapter 46 of
the General Laws, as appearing in the 2000 Official Edition, is amended by
striking out in lines 5 to 11, as appearing in the 2000 Official Edition, the
second and third sentences and inserting in place thereof the following
sentences:—
If a delayed record of birth or death or other return of birth or death is
recorded by the state registry, the state registrar shall transmit a certified
copy of the record of birth or death to the clerk in the city or town where the
birth or death occurred. If a delayed record of marriage or other record of
marriage is recorded by the state registry, the state registrar shall transmit
a certified copy of a delayed record of marriage to the town clerk where the
original intention of marriage was filed.
SECTION 5. Chapter 46 of the General
Laws, as appearing in the 2000 Official Edition, is hereby amended by striking
out section 18 and inserting in place thereof the following section:—
Section 18. Information on Forms. Copies transmitted or retained under sections
17 through 17D of this chapter shall be typewritten or reproduced in actual
size by photographic or micro photographic process or approved electronic
process. Any forms and formats reproduced must have prior approval of the state
registrar and meet any standards established by regulations of the supervisor
of public records and regulations promulgated by the department.
SECTION 6. Chapter 46 of the General
Laws, as appearing in the 2000 Official Edition, is hereby amended by striking
out section 26 and inserting in place thereof the following section:—
Section 26. The town clerk shall receive the following fees from the town upon
presenting to the town treasurer a certificate attested to the state registrar
listing the types and number of birth, marriage and death records registered by
the town clerk. For each birth, marriage, or death, one dollar. He shall also
receive from the town the following fees: For each certificate transmitted
under section 12 of this chapter, 50 cents; for receiving and recording an
affidavit and forwarding a copy thereof under section 13 of this chapter, one
dollar; for sending the notice required by section 23 of this chapter, 50
cents; for each oath administered in his capacity as clerk, 25 cents. A town
may limit the aggregate compensation allowed to its clerk.
SECTION 7. Chapter 46 of the General
Laws, as appearing in the 2000 Official Edition, is hereby further amended by
inserting after section 31 the following section:—
Section 32. To protect the integrity of vital records and to prevent the
fraudulent use of birth certificates of deceased persons, the state registry is
hereby authorized to match birth and death certificates, and if the state
registrar is satisfied that the death certificate and the birth certificate
refer to the same person, he shall make note of the facts of death on the birth
certificate. Certified copies of such marked birth records shall also be marked
with the facts of death. After such matching, the state registrar shall provide
appropriate information to clerks who shall mark the records in their custody
and similarly mark records issued by them.
SECTION 8. All forms and procedures used in the issuance of certified copies of vital records in the commonwealth shall be uniform and shall be provided by the state registrar. All such certified copies issued shall have security features that deter alteration, counterfeiting, duplication or simulation of vital records and shall meet any federal standards established for this purpose. Each such copy issued shall show the date of registration and registration number. Copies issued from records that have been amended shall include that date unless prohibited by section 13 of this chapter.