PETITION OF:

SECTION 1. Chapter 46 of the General Laws, as appearing in the 2004 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. All vital records are to be automated into a database either by entering said data electronically or by scanning existing paper records. Said database shall fulfill the requirements of such an index. Any such automated database shall contain records management controls, which insure the authenticity and the integrity of the information that the original records contain.

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 or may be transferred to the archivist of the commonwealth as preservation needs dictate.

The state registrar shall make such database available to the custodians of vital records consistent with restrictions expressed in sections 2B and 13 of this chapter and consistent with other public record laws regarding access.

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.
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. Custodians may issue certified copies in two forms. One shall be a certified copy for governmental use. A second form shall be marked “Accurate but not certified,” but accurate as to the content of the record. 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 and will be established by the state registrar consistent with department of public health regulations. A certified copy of such a record signed by a custodian shall be the official record of the commonwealth and shall admissible as evidence of such record.

Custodians shall implement appropriate security measures to restrict issuance of certified copies consistent with this section, section 13, other requirements of chapter 46, and other requirements of general and special law to deter identity theft and to prevent fraudulent procurement and use of vital records and information. The state registrar and town clerks shall issue copies of non-archival vital records as specified below.

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.

Effective with the completion of the automated database but no sooner than January 1, 2007, 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 2. Chapter 46 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out section 2A and inserting in place thereof the following section:—

Section 2A. Notwithstanding any other law to the contrary, (1     on January 1, 2007, all records and indices pertaining to births through December 31, 1910, any amendments to births filed prior to December 31, 1910, records and indices of marriages and deaths through December 31, 1950, and any amendments to marriages and deaths filed prior to December 31, 1950, shall be deemed unrestricted and available to the public.

                     All the aforementioned records, indices and amendments of births,

marriages, acknowledgments and adjudications of paternity, and deaths shall be transferred from the state registry to the archivist of the commonwealth on the basis of five-year increments, unless the state registrar and the archivist of the commonwealth agree upon a more expedited schedule for transfer, and those records, once transferred shall be deemed unrestricted and available to the public. Prior to transfer, all records, returns and indices shall be automated or reproduced by another method. The state registrar shall implement appropriate preservation protocols to preserve the quality of permanent, paper records to be transferred.

 Vital records, indices and amendments of births, marriages and deaths deemed unrestricted under this subsection may be made available by the custodians of such records for public examination and copying upon request, notwithstanding any general or special law that would otherwise restrict access.

Non-certified copies shall be available upon request for a fee prescribed by Department of Public Health regulations.

(2) With the exception of those records identified in sections, 2B and 13 of this chapter, custodians shall, upon receipt and review of a written application, issue a copy of a birth or marriage record to only the registrant, his or her spouse, children, parent as named on a birth record, legal guardian, sibling, grandparent, grandchild, executor, authorized legal representative. The custodian may issue a certified copy of a birth or marriage record to any other person who demonstrates to the satisfaction of the custodian that the record is needed for the determination or protection of his or her personal or property right. Custodians may, upon receipt and review of a written application by a member of the general public, make amended and never corrected or amended birth and marriage records and indices available for examination but shall not issue certified copies absent a proper court order.

(3) Custodians shall, upon receipt and review of a written application, issue a copy of a death certificate.

(4) Federal, state and local governmental officials may, upon written request, be furnished certified copies of records or data from the system of vital records and statistics provided that such copies or data shall be used solely in the conduct of their official duties. Those records identified in section 13 of this chapter as requiring a proper judicial order for access shall not be available to governmental officials without such order.

(5) The state registrar may, by agreement with a federal agency

responsible for national vital statistics, furnish such copies of records, reports, or data from the system of vital records and statistics as are required for national statistics. Any such agreement shall provide that such federal agency shares in the cost of collecting, processing and transmitting such records, reports, or data. In addition, any such agreement shall provide that such records, reports or data shall not be used for any other than the statistical or research purposes provided for in the agreement between the state registrar and the federal agency. The process as described in section 24B of chapter 111 shall be followed and the commissioner shall approve any additional uses of the records, reports, or data.

(6) The state registrar may, by agreement with a registrar in another state, transmit copies of vital records and other reports to offices of vital statistics outside this Commonwealth when such records or other reports relate to residents of those jurisdictions or persons born in those jurisdictions. The agreement shall specify the statistical and administrative purpose for which the records may be used and the agreement shall further provide instructions for the proper retention and disposition of such copies. Copies received by the Massachusetts registry from vital statistics offices in other states shall be handled in the same manner as prescribed in this section.

(7) Records from the Massachusetts registry or information abstracted therefrom in the form of indices received by the offices of vital statistics outside this Commonwealth shall not be available for public examination and shall not be used for the purpose of issuing certified copies. Any vital records or information transmitted by the Massachusetts registrar to vital statistics offices outside this Commonwealth may not be available for public examination or used for the purpose of issuing certified copies by the office receiving such records.

(8) Nothing in this section shall be construed to permit disclosure of information from the 'Confidential Information' form submitted to the commissioner of public health pursuant to the provisions of section 24B of chapter 111, or information contained in a statistical report of divorce prepared pursuant to the provisions of section 6B of chapter 208.

(9) When the state registrar has probable cause to believe that a certificate may have been registered through fraud or misrepresentation, the state registrar shall withhold issuance of any copy of that certificate pending a review of the facts of the case to determine whether fraud or misrepresentation has occurred. The state registrar shall offer the individual providing said information or his authorized representative notice and opportunity to be heard. Thereafter, if, the state registrar finds that the certificate has indeed been registered through fraud or misrepresentation, the state registrar shall remove the certificate from the file. The state registrar shall forward such finding and any applicable evidence to appropriate state, federal or local governmental agencies for applicable civil or criminal prosecution or action. The certificate and evidence shall be retained by the state registrar and shall not be subject to inspection or copying except upon order of a court of competent jurisdiction in the Commonwealth or by the state registrar for purposes of administering the vital statistics program.

(10) No person, including a notary public, shall prepare or issue any certificate which purports to be an original or certified copy, except as authorized in this chapter or regulations promulgated pursuant to section 4 of chapter 17. No person shall alter a certified copy or record referred to in sections 2, 2A, and 19, of this chapter or use or reproduce such altered record. Whoever violates the provisions of this section shall be punished by a fine or not more than $500.

(11) No person responsible for reporting vital events, including, but not limited to physicians, certified nurse midwives, funeral directors, hospital administrators, or marriage officiants, shall copy for distribution such forms prepared by them of birth, death, acknowledgments and adjudications of paternity or marriage records except for their own personal files. If there is a demonstrated need for proof of the event of the birth, death, acknowledgments and adjudications of paternity or marriage prior to the registration of the record with the appropriate city or town clerk, the individual responsible for reporting such event shall provide a statement of such facts without use or photocopying of the record of birth, death, acknowledgments and adjudications of paternity or marriage. Whoever violates the provisions of this section shall be punished by a fine or not more than $500 dollars.

SECTION 3. Chapter 46 of the General Laws, as appearing in the 2004 Official Edition, is hereby further amended by inserting after section 2A the following section:—

Section 2B: A Massachusetts Genealogic License system is hereby created. Said License system shall consist of an electronic registration system to be constructed and maintained by the Secretary of the Commonwealth, or any officer he designates. The Secretary shall promulgate regulations establishing uniform rules concerning the issuance and governance of licenses for those who engage in genealogical research.

SECTION 4. Chapter 46 of the General Laws, as appearing in the 2004 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 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 shall be subject to any applicable regulations of the supervisor of public records.

SECTION 5. Chapter 46 of the General Laws, as appearing in the 2004 Official Edition, is amended by striking out in lines 5 to 11 of section 17D 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 6. Chapter 46 of the General Laws, as appearing in the 2004 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 7. 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.

SECTION 8. Chapter 46 of the General Laws, as appearing in the 2004 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 9. Chapter 46 of the General Laws, as appearing in the 2004 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 and 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 Council, 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 three additional members, including a lawyer specializing in and practicing family law and two 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 and 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 preservation 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 seven members: the state registrar, supervisor of records and the archivist of the commonwealth, and four rotating members two of whom shall be the town clerks and two of whom shall be the city clerks or registrars serving on 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 10. 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.