Iowa-2015-HF369-Introduced
House File 369 - Introduced
HOUSE FILE
BY COMMITTEE ON LOCAL
GOVERNMENT
(SUCCESSOR TO HF 23)
A BILL FOR
1 An Act relating to vital statistics certificates or records
2 and vital statistics fees collected by the state and county
3 registrars of vital statistics.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 144.45, Code 2015, is amended to read as
1 2 follows:
1 3 144.45 Certified copies == other copies.
1 4 1. The state registrar and the county registrar shall,
1 5 upon written request from any applicant entitled to a record,
1 6 issue a certified copy of any certificate or record in the
1 7 registrar's custody or of a part of a certificate or record.
1 8 Each copy issued shall show the date of registration; and
1 9 copies issued from records marked "delayed", "amended", or
1 10 "court order" shall be similarly marked and show the effective
1 11 date.
1 12 2. A certified copy of a certificate, or any part thereof,
1 13 shall be considered for all purposes the same as the original
1 14 and shall be prima facie evidence of the facts therein stated,
1 15 provided that the evidentiary value of a certificate or record
1 16 filed more than one year after the event, or a record which
1 17 has been amended, shall be determined by the judicial or
1 18 administrative body or official before whom the certificate is
1 19 offered as evidence.
1 20 3. The national division of vital statistics may be
1 21 furnished copies or data which it requires for national
1 22 statistics, provided that the state be reimbursed for the cost
1 23 of furnishing data, and provided further that data shall not
1 24 be used for other than statistical purposes by the national
1 25 division of vital statistics unless so authorized by the state
1 26 registrar.
1 27 4. Federal, state, local, and other public or private
1 28 agencies may, upon written request, be furnished copies or data
1 29 for statistical purposes upon terms or conditions prescribed
1 30 by the department.
1 31 5. a. No person shall prepare or issue any certificate
1 32 which purports to be an original, or certified copy, or copy of
1 33 a certificate of birth, death, fetal death, or marriage except
1 34 as authorized in this chapter.
1 35 b. No person, in the person's capacity as an employee or
2 1 agent of the state or a political subdivision of the state,
2 2 shall prepare or issue any certificate which purports to be a
2 3 copy of a certificate of birth, death, fetal death, or marriage
2 4 except as necessary in the scope of the person's employment or
2 5 agency or as otherwise authorized in this chapter.
2 6 Sec. 2. Section 144.46, subsection 1, paragraph b, Code
2 7 2015, is amended by striking the paragraph.
2 8 Sec. 3. Section 144.46, Code 2015, is amended by adding the
2 9 following new subsection:
2 10 NEW SUBSECTION. 3. The department may establish and
2 11 maintain, and either the state registrar or the county
2 12 registrar is authorized to collect, a fee for a search of the
2 13 files or records when no copy is made, or when no record is
2 14 found on file.
2 15 EXPLANATION
2 16 The inclusion of this explanation does not constitute agreement with
2 17 the explanation's substance by the members of the general assembly.
2 18 This bill relates to vital statistics fees collected by the
2 19 state and county registrars of vital statistics.
2 20 Under current law, a person is not allowed to prepare or
2 21 issue an original, certified copy, or copy of a certificate
2 22 of birth, death, fetal death, or marriage except as provided
2 23 in Code chapter 144. The bill maintains these restrictions
2 24 for originals and certified copies. For other copies, the
2 25 bill provides that no person, in the person's capacity as an
2 26 employee or agent of the state or of a political subdivision
2 27 of the state, shall prepare or issue any certificate which
2 28 purports to be a copy of the certificate except as necessary in
2 29 the scope of the person's employment or agency or as provided
2 30 in Code chapter 144.
2 31 Under current law, the department of public health is also
2 32 required to establish a vital statistics fee, based on average
2 33 administrative costs, for searches of files or records when a
2 34 copy of the file or record is not made or when the record is not
2 35 found. Current law also requires that the fee be collected by
3 1 the state registrar and county registrars (county recorders).
3 2 The bill strikes the current Iowa Code provision requiring
3 3 this fee but provides that the department may establish such
3 4 a fee and that the state registrar or county registrars are
3 5 authorized to collect such fees.
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