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By Mr. Calter of Kingston, petition (accompanied by bill, House, No. 2055) 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 further amended by inserting, after section 30, the following section:—
Section 31. There is hereby created through fees collected by custodians under this section a fund to be known as the special state and local vital records and statistics fund. Any custodian who issues a certified copy of a vital record or a certified negative statement of a vital record, shall collect from the requester of the certified record or certified negative statement, in addition to any other fee, an additional fee of two dollars for each such certified copy requested or certified negative statement requested; such additional fees shall be deposited in the state and local vital records and statistics fund. Fees collected pursuant to this section shall be used to improve to the greatest extent practicable all aspects of the statewide system of vital records and statistics. Such improvement is to include a statewide automated system of vital records with proceeds from the fund providing such improvement services for both state and local custodians. Physical preservation of the records shall constitute an integral part of any system-wide improvement plan. The special state and local vital records and statistics fund is to provide for improvement of current services; the fund shall not supplant funding necessary for maintaining the daily operation of the current system of vital records and statistics.
Custodians shall on a quarterly basis make payments into the special state and local vital records and statistics fund of 95% of the additional fees collected under this section; custodians may retain five per cent of funds collected for managing the collection of these fees. Fees deposited in the special state and local vital records and statistics fund in one fiscal year shall be available for expenditure in a subsequent fiscal year.
There will be a permanent, special vital records and statistics committee to oversee the overall improvement including preservation and automation of the vital records and statistics system in the commonwealth. The committee shall consist of seventeen members including the state registrar, who shall serve as chair, and the supervisor of public records or the archivist of the commonwealth. The committee shall include two town clerks selected by the Massachusetts Town Clerks' Association, at least one of whom shall be from a town with a hospital having a maternity unit; two city clerks or a city clerk and a registrar selected by the Massachusetts City Clerks' association, at least one of whom shall be from a city with a hospital having a maternity unit; one member each selected by the New England Historic Genealogical Society, the Massachusetts Genealogical Society, the Massachusetts Newspaper Publishers Association, the Massachusetts Medical Society, the Massachusetts Hospital Association, the Massachusetts Public Health Association, and the Massachusetts Funeral Directors Association. The commissioner of public health shall appoint four additional members, including a lawyer specializing in and practicing family law and three members with expertise from each of the following areas: medical research, epidemiology, and electronic data collection and management. The state registrar and supervisor of public records or the archivist shall be standing members of the committee with no term limits. All other members shall serve for three-year terms, with initial terms staggered with four one-year, five two-year and five three-year terms. The reasonable travel expenses of members of the committee relating to their attendance at meetings of the committee shall be paid out of the special state and local vital records and statistics fund.
The special vital records and statistics committee shall meet at least quarterly and be required to develop an overall plan for the automation, improvement and preservation of the statewide vital records and statistics system throughout the commonwealth, provided that seven members in attendance shall constitute a quorum for the purpose of conducting business. Such plan shall specify one, three, five and ten year goals and objectives for the automation, improvement and reservation of the system. All such plans for the automation of the system must provide specific plans for the preservation of the records so automated. The special vital records and statistics committee shall be required to authorize all expenditures from the fund over the sum of $1000. Routine administration of expenditures from this fund shall be directed by an executive subcommittee of the special vital records and statistics committee. The executive subcommittee shall be composed of the state registrar, supervisor of public records or the archivist of the commonwealth, and two rotating members one of whom shall be a town clerk and one of whom shall be a city clerk or registrar selected by the special vital records and statistics committee to serve for a one-year term on the executive subcommittee.
All fees collected by the archives of the commonwealth under this
section or designated by the special vital records and statistics committee for the activities at the archives shall be segregated and deposited into the archives trust fund (0511-1100) and be used specifically for the automation, preservation, and modernization of vital records administered by the archives.".
SECTION 2. Chapter 207 of the General
Laws, as appearing in the 2000 Official Edition, is hereby amended by adding
the following language to Section 19:—
In addition to any other fee established by the community, the sum of ten
dollars shall be charged and shall accrue to the benefit of the special state
and local vital records and statistics fund, as established under section 31 of
chapter 46.