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:

 


Thomas J. Calter

 

 


 

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In the Year Two Thousand and Seven.

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 An Act to establish an electronic system of vital records.

 

    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.