Bill Text: OR HB2093 | 2013 | Regular Session | Enrolled
Bill Title: Relating to vital statistics; appropriating money; and declaring an emergency.
Sponsorship: Unknown
Status: (Passed) 2013-06-13 - Chapter 366, (2013 Laws): Effective date June 13, 2013. [HB2093 Detail]
Download: Oregon-2013-HB2093-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2093
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of Governor John A. Kitzhaber, M.D., for
Oregon Health Authority)
CHAPTER ................
AN ACT
Relating to vital statistics; creating new provisions; amending
ORS 3.260, 18.618, 18.792, 18.860, 33.430, 33.460, 97.943,
106.100, 107.718, 109.094, 109.460, 112.582, 113.145, 114.525,
116.253, 127.815, 130.370, 135.060, 135.065, 146.045, 146.095,
146.121, 176.740, 180.320, 205.130, 247.570, 416.430, 417.825,
419B.845, 432.005, 432.010, 432.015, 432.030, 432.035, 432.075,
432.085, 432.090, 432.115, 432.121, 432.124, 432.140, 432.142,
432.146, 432.165, 432.180, 432.206, 432.230, 432.235, 432.240,
432.285, 432.287, 432.307, 432.312, 432.317, 432.327, 432.333,
432.405, 432.408, 432.412, 432.415, 432.420, 432.430, 432.993,
432.995, 677.518, 678.375, 684.030, 685.050, 692.270, 692.405,
708A.655, 723.844, 807.510, 807.720 and 830.485; repealing ORS
432.040, 432.080, 432.095, 432.105, 432.119, 432.122, 432.130
and 432.300; appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
DEFINITIONS + }
SECTION 1. ORS 432.005 is amended to read:
432.005. { - As used in this chapter, unless the context
requires otherwise: - }
{ - (1) 'Authority' means the Oregon Health Authority. - }
{ - (2) 'Dead body' means a human body or such parts of such
human body from the condition of which it reasonably may be
concluded that death occurred. - }
{ - (3) 'Director' means the Director of the Oregon Health
Authority. - }
{ - (4) 'Divorce' means dissolution of a marriage. - }
{ - (5) 'Fetal death' means death prior to the complete
expulsion or extraction from its mother of a product of human
conception, irrespective of the duration of pregnancy. The death
is indicated by the fact that after such expulsion or extraction
the fetus does not breathe or show any other evidence of life
such as beating of the heart, pulsation of the umbilical cord or
definite movement of the voluntary muscles. - }
{ - (6) 'File' means the presentation and acceptance of a
vital record or vital report provided for in this chapter by the
Center for Health Statistics. - }
Enrolled House Bill 2093 (HB 2093-B) Page 1
{ - (7) 'Final disposition' means the burial, interment,
cremation, removal from the state or other authorized disposition
of a dead body or fetus, except that when removal from the state
is conducted by the holder of a certificate of removal
registration issued under ORS 692.270, the final disposition may
not be considered complete until the certificate of death is
filed. - }
{ - (8) 'Induced termination of pregnancy' means the
purposeful interruption of an intrauterine pregnancy with the
intention other than to produce a live-born infant and that does
not result in a live birth. - }
{ - (9) 'Institution' means any establishment, public or
private, that provides inpatient or outpatient medical, surgical
or diagnostic care or treatment or nursing, custodial or
domiciliary care, or to which persons are committed by law. - }
{ - (10) 'Live birth' means the complete expulsion or
extraction from its mother of a product of human conception,
irrespective of the duration of pregnancy, that, after such
expulsion or extraction, breathes or shows any other evidence of
life such as beating of the heart, pulsation of the umbilical
cord or definite movement of voluntary muscles, whether or not
the umbilical cord has been cut or the placenta is attached. - }
{ - (11) 'Person acting as a funeral service practitioner '
means: - }
{ - (a) A person other than a funeral service practitioner
licensed under ORS 692.045, including but not limited to a
relative, friend or other interested party, who performs the
duties of a funeral service practitioner without payment; or - }
{ - (b) A funeral service practitioner who files death
certificates in another state if the funeral service practitioner
is employed by a funeral establishment licensed in another state
and registered with the State Mortuary and Cemetery Board under
ORS 692.270. - }
{ - (12) 'Physician' means a person authorized or licensed
under the laws of this state to practice medicine, osteopathy,
chiropractic or naturopathic medicine. - }
{ - (13) 'Registration' means the process by which vital
records and vital reports are completed, filed and incorporated
into the official records of the Center for Health
Statistics. - }
{ - (14) 'State registrar' means the State Registrar of the
Center for Health Statistics. - }
{ - (15) 'System of vital statistics' means the registration,
collection, preservation, amendment and certification of vital
records and vital reports; the collection of other reports
required by this chapter, and activities related thereto
including the tabulation, analysis, dissemination and publication
of vital statistics and training in the use of health data. - }
{ - (16) 'Vital records' means certificates or reports of
birth, death, marriage, declaration of domestic partnership,
dissolution of marriage or domestic partnership and data related
thereto. - }
{ - (17) 'Vital reports' means reports of fetal death,
induced termination of pregnancy, suicide attempts by persons
under 18 years of age and survey and questionnaire documents and
data related thereto. - }
{ - (18) 'Vital statistics' means the data derived from
certificates and reports of birth, death, fetal death, induced
termination of pregnancy, marriage, declaration of domestic
partnership, dissolution of marriage, dissolution of domestic
Enrolled House Bill 2093 (HB 2093-B) Page 2
partnership, suicide attempts by persons under 18 years of age
and related reports. - }
{ + As used in this chapter, unless the context requires
otherwise:
(1) 'Amendment' means a change to an item that appears on a
certified copy of a vital record after a certified copy has been
issued.
(2) 'Authorized representative' means an agent designated in a
written statement signed by the registrant or other qualified
applicant, the signing of which was witnessed.
(3) 'Certified copy' means the document, in either paper or
electronic format, issued by the State Registrar of the Center
for Health Statistics and containing all or a part of the
information contained on the original vital record, and which,
when issued by the state registrar, has the full force and effect
of the original vital record.
(4) 'Certified copy item' means any item of information that
appears on a certified copy.
(5) 'Certifier' means a person required to attest to the
accuracy of information submitted on a report.
(6) 'Correction' means a change to an item that is not included
in a certified copy of a vital record, or a change to an item
that is included in a certified copy provided that no certified
copy has been issued.
(7) 'Court of competent jurisdiction' means a court within the
United States with jurisdiction over a person subject to
regulation under this chapter.
(8) 'Date of registration' means the month, day and year a
vital record is incorporated into the official records of the
Center for Health Statistics.
(9) 'Dead body' means a human body or such parts of such human
body from the condition of which it reasonably may be concluded
that death occurred.
(10) 'Electronic signature' means an electronic sound, symbol
or process attached to or logically associated with a contract or
other record that is executed or adopted by a person with the
intent to attest to the accuracy of the facts in the record.
(11) 'Government agency' means a unit of federal, state, local
or tribal government.
(12) 'Health research' means a systematic study to gain
information and understanding about health, with the goal of
finding ways to improve human health, that conforms to or is
conducted in accordance with generally accepted scientific
standards or principles and that is designed to develop or
contribute to general scientific knowledge.
(13) 'Facts of live birth' means the name of the child, date of
birth, place of birth, sex and parent's name or parents' names
appearing on the record of live birth.
(14) 'Fetal death' means death prior to the complete expulsion
or extraction from its mother of a product of human conception,
irrespective of the duration of pregnancy, that is not an induced
termination of pregnancy. The death is indicated by the fact that
after such expulsion or extraction the fetus does not breathe or
show any other evidence of life such as beating of the heart,
pulsation of the umbilical cord or definite movement of the
voluntary muscles.
(15) 'Final disposition' means the burial, interment,
cremation, removal from the state or other authorized disposition
of a dead body or fetus, except that when removal from the state
is conducted by the holder of a certificate of removal
Enrolled House Bill 2093 (HB 2093-B) Page 3
registration issued under ORS 692.270, the final disposition may
not be considered complete until the report of death is filed.
(16)(a) 'Human remains' means a dead body.
(b) 'Human remains' does not include human ashes recovered
after cremation.
(17)(a) 'Induced termination of pregnancy' means the purposeful
interruption of an intrauterine pregnancy with the intention
other than to produce a live-born infant and that does not result
in a live birth.
(b) 'Induced termination of pregnancy' does not include
management of prolonged retention of products of conception
following fetal death.
(18) 'Institution' means any establishment, public or private,
that provides inpatient or outpatient medical, surgical or
diagnostic care or treatment or nursing, custodial or domiciliary
care, or to which persons are committed by law.
(19) 'Interment' means the disposition of human remains by
entombment or burial.
(20) 'Legal representative' means a licensed attorney
representing the registrant or other qualified applicant.
(21) 'Live birth' means the complete expulsion or extraction
from its mother of a product of human conception, irrespective of
the duration of pregnancy, that, after such expulsion or
extraction, breathes or shows any other evidence of life such as
beating of the heart, pulsation of the umbilical cord or definite
movement of voluntary muscles, whether or not the umbilical cord
has been cut or the placenta is attached.
(22) 'Medical certifier' means a physician, physician assistant
or nurse practitioner licensed under the laws of this state or
under the laws of Washington, Idaho or California who has treated
a decedent within the 12 months preceding death.
(23) 'Person acting as a funeral service practitioner ' means:
(a) A person other than a funeral service practitioner licensed
under ORS 692.045, including but not limited to a relative,
friend or other interested party, who performs the duties of a
funeral service practitioner without payment; or
(b) A funeral service practitioner who submits reports of death
in another state if the funeral service practitioner is employed
by a funeral establishment licensed in another state and
registered with the State Mortuary and Cemetery Board under ORS
692.270.
(24) 'Person in charge of an institution' means the officer or
employee who is responsible for administration of an institution.
(25) 'Personally identifiable information' means information
that can be used to distinguish or trace an individual's identity
or, when combined with other personal or identifying information,
is linked or linkable to a specific individual.
(26) 'Physician' means a person authorized to practice
medicine, osteopathy, chiropractic or naturopathic medicine under
the laws of this state or under the laws of Washington, Idaho or
California.
(27) 'Record' means a report that has been registered by the
state registrar.
(28) 'Record of foreign live birth' means a document registered
by the state registrar for a person born in a foreign country who
may or may not be a citizen of the United States and who was
adopted under the laws of this state.
(29) 'Registration' means the process by which vital records
and reports are accepted and incorporated into the official
records of the Center for Health Statistics.
Enrolled House Bill 2093 (HB 2093-B) Page 4
(30) 'Report' means a document, whether in paper or electronic
format, containing information related to a vital event submitted
by a person required to submit the information to the state
registrar for the purpose of registering a vital event.
(31) 'State' includes a state or territory of the United
States, the District of Columbia and New York City.
(32) 'System of vital statistics' means:
(a) The collection, registration, preservation, amendment,
certification and verification of, and the maintenance of the
security and integrity of, vital records;
(b) The collection of reports required by this chapter; and
(c) Activities related to the activities described in
paragraphs (a) and (b) of this subsection, including the
tabulation, analysis, dissemination and publication of vital
statistics and training in the use of health data.
(33) 'Verification' means confirmation of the information on a
vital record based on the facts contained in a report.
(34) 'Vital record' means a report of a live birth, death,
fetal death, marriage, declaration of domestic partnership,
dissolution of marriage or domestic partnership and related data
that have been accepted for registration and incorporated into
the official records of the Center for Health Statistics.
(35) 'Vital statistics' means the aggregated data derived from
records and reports of live birth, death, fetal death, induced
termination of pregnancy, marriage, declaration of domestic
partnership, dissolution of marriage, dissolution of domestic
partnership and supporting documentation and related reports. + }
{ +
ADMINISTRATION + }
SECTION 2. ORS 432.010 is amended to read:
432.010. { - (1) The Oregon Health Authority shall establish
the Center for Health Statistics, which shall install, maintain
and operate the system of vital statistics throughout this state
in cooperation with appropriate units of local government. The
Center for Health Statistics shall be responsible for the proper
administration of the system of vital statistics and for the
preservation and security of its official records. - }
{ - (2) In order to promote and maintain nationwide
uniformity in the system of vital statistics, the State Registrar
of the Center for Health Statistics may refer to the 1992 federal
revision of the Model State Vital Statistics Act and Regulations
for recommendations regarding the forms of certificates and
reports required by this chapter. - }
{ - (3) Each certificate, report and other document required
by this chapter shall be on a form or in a format prescribed by
the state registrar. - }
{ - (4) All vital records shall contain the date of
filing. - }
{ - (5) Information required in certificates, forms, records
or reports authorized by this chapter may be filed, verified,
registered and stored by photographic, electronic or other means
as prescribed by the state registrar. - }
{ + (1) There is established in the Oregon Health Authority
the Center for Health Statistics, which shall maintain, operate
and advance the system of vital statistics throughout this state
in cooperation with appropriate units of county government. The
Center for Health Statistics shall be responsible for the proper
Enrolled House Bill 2093 (HB 2093-B) Page 5
administration of the system of vital statistics and for the
preservation and security of its official records.
(2) In order to promote and maintain nationwide uniformity in
the system of vital statistics, the forms for reports and records
required by this chapter and the rules adopted under this chapter
must include, at a minimum, the items recommended by the federal
agency responsible for national vital statistics.
(3) Each report, record and other document required by this
chapter shall be on a form or in a format prescribed by the State
Registrar of the Center for Health Statistics.
(4) All records shall contain the date of registration.
(5) Information required in forms, reports or records
authorized by this chapter may be submitted, verified, registered
and stored by photographic, electronic or other means as
prescribed by the state registrar. + }
SECTION 3. ORS 432.015 is amended to read:
432.015. { - The State Registrar of the Center for Health
Statistics, under the supervision of the Director of the Oregon
Health Authority, in compliance with ORS chapter 183, shall adopt
rules necessary to the installation and efficient performance of
an adequate system of vital and public health statistics
including rules for the return of evidence affecting delayed
certificates, or affecting alteration of a certificate, after the
certificate has been filed with the state registrar. - }
{ + The State Registrar of the Center for Health Statistics,
under the supervision of the Director of the Oregon Health
Authority, shall adopt rules in accordance with ORS chapter 183
that are necessary to the installation and efficient performance
of an adequate system of vital statistics. + }
SECTION 4. ORS 432.030 is amended to read:
432.030. { - (1) The State Registrar of the Center for Health
Statistics shall: - }
{ - (a) Under the supervision of the Director of the Oregon
Health Authority, have charge of the Center for Health
Statistics. - }
{ - (b) Administer and enforce the provisions of this chapter
and the rules adopted pursuant thereto for the efficient
administration of the system of vital statistics. - }
{ - (c) Direct and supervise the system of vital statistics
and the Center for Health Statistics and be custodian of its
records. - }
{ - (d) Direct, supervise and control the activities of all
persons when they are engaged in activities pertaining to the
operation of the system of vital statistics. - }
{ - (e) Conduct training programs to promote uniformity of
policy and procedures throughout the state in matters pertaining
to the system of vital statistics. - }
{ - (f) Prescribe, furnish and distribute such forms as are
required by this chapter and the rules adopted pursuant thereto
or prescribe other means for transmission of data to accomplish
the purpose of complete and accurate reporting and
registration. - }
{ - (g) Prepare and publish reports of vital statistics of
this state and such other reports as may be required by the
Oregon Health Authority. - }
{ - (h) Provide to local health agencies such copies of or
data derived from certificates and reports required under this
chapter as the state registrar shall determine are necessary for
local health planning and program activities. The state registrar
shall establish a schedule with each local health agency for
Enrolled House Bill 2093 (HB 2093-B) Page 6
transmittal of the copies or data. The copies or data shall
remain the property of the Center for Health Statistics and the
uses that may be made of them shall be determined by the state
registrar. - }
{ - (i) Provide local health agencies training and
consultation in working with health data. - }
{ - (2) The state registrar may delegate such functions and
duties vested in the state registrar to employees of the Center
for Health Statistics and to employees of any office established
or designated under ORS 432.035. - }
{ + (1) The State Registrar of the Center for Health
Statistics shall:
(a) Administer and enforce the provisions of this chapter and
the rules adopted under this chapter, and issue orders for the
efficient administration of the system of vital statistics.
(b) Direct and supervise the system of vital statistics and the
Center for Health Statistics, and be custodian of its records.
(c) Provide for the confidentiality and security of the system
of vital statistics.
(d) Direct, supervise and control the activities of all persons
engaged in activities pertaining to the operation of the system
of vital statistics.
(e) Develop and conduct training programs to promote uniformity
of policy and procedures throughout this state in matters
pertaining to the system of vital statistics.
(f) Prescribe, furnish and distribute the forms required by
this chapter or the rules adopted under this chapter, and
prescribe other means for transmission of data, including
electronic transmission of data, to accomplish the purpose of
complete, accurate and timely reporting and registration.
(g) Prepare and publish reports of vital statistics of this
state and such other reports as may be required by the Oregon
Health Authority.
(h) Provide to local health agencies information derived from
reports and records required under this chapter that the state
registrar determines is necessary for local health planning and
program activities.
(i)(A) Prepare a plan to provide for the continuity of
operations of the system of vital statistics in the event of an
emergency.
(B) The plan shall:
(i) Address, to the extent practicable, natural and man-made
events that interrupt normal activities of the system of vital
statistics;
(ii) Identify essential vital statistics services; and
(iii) Provide guidance for maintaining essential vital
statistics services.
(C) Components of the plan shall include:
(i) Alternative locations for operations;
(ii) Identification of essential equipment and document needs,
and a plan for obtaining those needs; and
(iii) Identification of essential staff and a means to
communicate with that staff in an emergency.
(D) The plan is not subject to disclosure under ORS 192.410 to
192.505, except to the extent that the state registrar deems
necessary to implement the plan.
(2) The state registrar may establish or designate offices in
this state to aid in the efficient administration of the system
of vital statistics.
Enrolled House Bill 2093 (HB 2093-B) Page 7
(3) The state registrar may delegate functions and duties
vested in the state registrar to employees of the Center for
Health Statistics and to employees of an office designated under
ORS 432.035. + }
SECTION 5. { + Section 6 of this 2013 Act is added to and made
a part of ORS chapter 432. + }
SECTION 6. { + (1) The Legislative Assembly finds that:
(a) The system of vital statistics supports civil registration
and creates information that is used for public health, health
research, national security, statistical and administrative
purposes;
(b) Civil registration of each vital event that occurs within
this state is carried out primarily for the purpose of
establishing legal documents provided by law; and
(c) Due to increased requirements of civil registration in the
context of national security and the use of live birth records as
the primary document used to identify individuals, the State
Registrar of the Center for Health Statistics must:
(A) Take measures to prevent the fraudulent use of vital
records for identity theft, terrorism or other purposes;
(B) Maintain the security of personnel, physical environments,
electronic systems and preservation methods; and
(C) Perform data assurance and record matching activities to
protect the confidentiality and security of vital records and
prevent the fraudulent use of vital records.
(2) For the purposes described in subsection (1) of this
section, the state registrar shall:
(a) Authenticate all users of the system of vital statistics
and document that the users require access to the system of vital
statistics for purposes related to the official roles and duties
of the users;
(b) Authorize authenticated users of the system of vital
statistics to access specific components of the system of vital
statistics that are necessary for the users to perform their
official roles and duties;
(c) Establish separate duties for staff who have roles that may
be susceptible to fraud or misuse and routinely perform audits of
staff work for the purpose of identifying fraud or misuse within
the system of vital statistics;
(d) Require that authenticated and authorized users maintain a
specified level of training related to security and provide
written acknowledgment of security procedures and penalties;
(e) Validate data provided in reports submitted for
registration through site visits or with sources independent from
registration processes at a frequency specified by the state
registrar by rule that maximizes the integrity of the data
collected;
(f) Protect personally identifiable information and maintain
systems that provide for audits of use and include protocols for
breach identification and notification;
(g) If the decedent was born in this state or if the decedent
was a resident of this state, receive a report from the United
States Department of Defense or the United States Department of
State of a death occurring outside the United States;
(h) Match death records to live birth records;
(i) Match death records received from the United States
Department of Defense or the United States Department of State of
a death occurring outside the United States to registered live
birth records;
Enrolled House Bill 2093 (HB 2093-B) Page 8
(j) Work with law enforcement to provide evidence for active
fraud investigations;
(k) Provide secure workplace, storage and technology
environments;
(L) Maintain overt, covert and forensic security measures for
certified copies, verifications and automated systems that are
part of the system of vital statistics;
(m) Comply with laws, rules and regulations associated with
information technology systems and information related to the
system of vital statistics; and
(n) Comply with national standards that apply to the system of
vital statistics and its components. + }
{ +
COUNTY REGISTRARS + }
SECTION 7. ORS 432.035 is amended to read:
432.035. { - The State Registrar of the Center for Health
Statistics shall designate for each county a county registrar. In
consultation with the state registrar, the county registrar may
designate one or more deputy county registrars in any county. So
far as practical, a county health official shall be designated
county registrar. - }
{ + (1) The State Registrar of the Center for Health
Statistics shall designate for each county a government employee
or, to the extent allowed under state and federal law, an
employee of a local public health authority as described in ORS
431.375 (2), to act as a county registrar. In consultation with
the state registrar, each county registrar may designate one or
more deputy county registrars. The county registrar shall be
sufficiently positioned within the county and have sufficient
contact with deputy county registrars to ensure compliance with
this chapter and rules adopted under this chapter.
(2) The county and deputy county registrars shall:
(a) Comply with all instructions of the state registrar;
(b) Check upon the compliance of others with the provisions of
this chapter and with rules adopted under this chapter; and
(c) Make an immediate report to the state registrar of any
violation of this chapter or of a rule adopted under this chapter
coming to their notice by observation, upon complaint of a person
or otherwise.
(3) The Oregon Health Authority, after taking into
consideration county needs, shall adopt rules under which a
county registrar may issue certified copies of records of live
births or deaths that occur in the county within six months of
the date of the live birth or death. + }
{ +
REPORTS + }
{ +
(In General) + }
SECTION 8. ORS 432.075 is amended to read:
432.075. { - (1) Any person having knowledge of the facts
shall furnish all information the person may possess regarding
any birth, death, fetal death, induced termination of pregnancy,
marriage, dissolution of marriage or suicide attempt by a person
under 18 years of age, upon demand of the State Registrar of the
Center for Health Statistics. - }
Enrolled House Bill 2093 (HB 2093-B) Page 9
{ - (2) Any person or institution that in good faith provides
information required by this chapter or by rules adopted pursuant
thereto shall not be subject to any action for civil damages. - }
{ + (1) A person having knowledge of the facts shall furnish
all information the person may possess regarding a live birth,
death, fetal death, induced termination of pregnancy, marriage,
declaration of domestic partnership or dissolution of marriage or
domestic partnership upon demand of the State Registrar of the
Center for Health Statistics.
(2) A person required to report information under this chapter
or the rules adopted under this chapter shall provide the
information to the state registrar within five calendar days of
receiving the information.
(3) Within five calendar days of receipt of autopsy results or
other information that would provide pending or missing
information or correct errors in a reported cause of death, the
medical certifier or medical examiner required to report the
death under ORS 432.307 shall submit an affidavit on the cause of
death to amend the record.
(4) A person or institution that in good faith provides
information required by this chapter or by rules adopted under
this chapter shall not be subject to an action for civil damages.
(5) The state registrar may require alternative documentation
from the provider of information relating to the occurrence of a
vital event for the purpose of quality assurance. + }
{ +
(By Institutions) + }
SECTION 9. ORS 432.165 is amended to read:
432.165. { - (1) All superintendents or managers or other
persons in charge of institutions shall keep a record of personal
data concerning each person admitted or confined to the
institution. This record shall include information as required
for the certificates of birth and death and the reports of fetal
death and induced termination of pregnancy required by this
chapter. The record shall be made at the time of admission from
information provided by the person being admitted or confined,
but when it cannot be so obtained, the information shall be
obtained from relatives or other persons acquainted with the
facts. The name and address of the person providing the
information shall be a part of the record. - }
{ - (2) When a dead body or fetus is released or disposed of
by an institution, the person in charge of the institution shall
keep a record showing the name of the decedent, Social Security
number, if issued, date of death, name and address of the person
to whom the body or fetus is released and the date of removal
from the institution. If final disposition is made by the
institution, the date, place and manner of disposition shall also
be recorded. - }
{ - (3) A funeral service practitioner, embalmer, sexton or
other person who removes from the place of death, transports or
makes final disposition of a dead body or fetus, in addition to
filing any certificate or other report required by this chapter
or rules adopted pursuant thereto, shall keep a record which
shall identify the body, and information pertaining to receipt,
removal, delivery, burial or cremation of the body as may be
required by rules adopted by the State Registrar of the Center
for Health Statistics. - }
Enrolled House Bill 2093 (HB 2093-B) Page 10
{ - (4) A medical examiner, physician or nurse practitioner
authorized by law to sign a death certificate who is notified of
the death of a person not under the care of institutions shall
keep a record. - }
{ - (5) Copies of records described in this section shall be
sent to the state registrar at least monthly. Records maintained
under this section shall be retained by the institution, medical
examiner, physician or nurse practitioner and the persons
described in subsection (3) of this section for a period of not
less than two years and shall be made available for inspection by
the state registrar or a representative of the state registrar
upon demand. - }
{ + (1) A person in charge of an institution shall keep a
record of personal data concerning each person admitted or
confined to the institution. The record shall include information
as required for the reports of live birth, death, fetal death or
induced termination of pregnancy required by this chapter. The
record shall be made at the time of admission from information
provided by the person being admitted or confined, but when it
cannot be so obtained, the information shall be obtained from
relatives or other persons acquainted with the facts. The name
and address of the person providing the information shall be a
part of the record.
(2) A licensed health care practitioner shall keep a record of
personal data concerning each person under the practitioner's
care for a condition that results in a reportable vital event if
a record for that event is not maintained by an institution as
described in subsection (1) of this section. The record shall
include information as required for the reports of live birth,
death, fetal death or induced termination of pregnancy required
by this chapter. The record shall include information provided by
the person under the practitioner's care. If the person being
treated cannot provide the information, then the practitioner
shall obtain the information from relatives or other persons
acquainted with the facts. The name and address of the person
providing the information shall be a part of the record.
(3) When a dead body or fetus is released or disposed of by an
institution, the person in charge of the institution shall keep a
record showing the name of the decedent, Social Security number,
if issued, date of death, name and address of the person to whom
the body or fetus is released and date of removal from the
institution. If final disposition is made by the institution, the
date, place and manner of disposition shall also be recorded.
(4) A funeral service practitioner, embalmer, sexton or other
person who removes from the place of death, transports or makes
final disposition of a dead body or fetus, in addition to filing
a report required by this chapter or rules adopted under this
chapter, shall keep a record that identifies the body and that
includes information pertaining to the receipt, removal, delivery
and final disposition of the body as may be required by rules
adopted by the State Registrar of the Center for Health
Statistics.
(5) Copies of records described in subsections (1) to (3) of
this section shall be sent to the state registrar at least
monthly. Records maintained under this section shall be retained
for a period of not less than seven years and shall be made
available for inspection by the state registrar or a
representative of the state registrar upon demand. + }
Enrolled House Bill 2093 (HB 2093-B) Page 11
{ +
(For Live Births) + }
SECTION 10. ORS 432.206 is amended to read:
432.206. { - (1) A certificate of birth for each birth that
occurs in this state shall be filed with the county registrar of
the county in which the birth occurred or with the Center for
Health Statistics, or as otherwise directed by the State
Registrar of the Center for Health Statistics, within five days
after the birth and shall be registered if the certificate has
been completed and filed in accordance with this section. Any
birth certificate not containing the name of the father or on
which the surname of the father is at variance with that of the
child, at the request of either parent, may be filed with the
state registrar and not with the registrar of the county in which
the birth occurred. - }
{ - (2) When a birth occurs in an institution or en route
thereto, the person in charge of the institution or authorized
designee shall obtain the personal data, prepare the certificate,
certify either by signature or by an approved electronic process
that the child was born alive at the place and time and on the
date stated and file the certificate as directed in subsection
(1) of this section. The physician or other person in attendance
shall provide the medical information required by the certificate
within 72 hours after the birth. - }
{ - (3) When a birth occurs outside of an institution: - }
{ - (a) The certificate shall be prepared and filed within
five days after the birth by one of the following in the
indicated order of priority, in accordance with rules adopted by
the state registrar: - }
{ - (A) The physician in attendance at the birth or
immediately after the birth, or in the absence of such a
person; - }
{ - (B) The midwife in attendance at the birth or immediately
after the birth, or in the absence of such a person; - }
{ - (C) Any other person in attendance at the birth or
immediately after the birth, or in the absence of such a person;
or - }
{ - (D) The father, the mother or, in the absence of the
father and the inability of the mother, the person with authority
over the premises where the birth occurred. - }
{ - (b) The state registrar shall by rule determine what
evidence shall be required to establish the facts of birth. - }
{ - (4) When a birth occurs on a moving conveyance: - }
{ - (a) Within the United States and the child is first
removed from the conveyance in this state, the birth shall be
registered in this state and the place where it is first removed
shall be considered the place of birth. - }
{ - (b) While in international waters or airspace or in a
foreign country or its airspace and the child is first removed
from the conveyance in this state, the birth shall be registered
in this state but the certificate shall show the actual place of
birth insofar as can be determined. - }
{ - (5) If the mother is not married at the time of birth,
the name of the father shall not be entered on the certificate
unless: - }
{ - (a) The mother was married to and cohabiting with her
husband at the time of conception, in which case the husband's
name shall be entered on the certificate, provided that the
husband was not impotent or sterile; or - }
Enrolled House Bill 2093 (HB 2093-B) Page 12
{ - (b) Both the father and mother have signed a voluntary
acknowledgment of paternity form that has been executed in
accordance with ORS 432.287 and filed with the registrar. - }
{ - (6) In the case of a child born to a married woman as a
result of artificial insemination with the consent of her
husband, the husband's name shall be entered on the
certificate. - }
{ - (7) If the mother was not married at the time of either
conception or birth or between conception and birth, the name of
the father shall not be entered on the certificate unless a
voluntary acknowledgment of paternity form or other form
prescribed under ORS 432.287 signed by the mother and the person
to be named as the father is filed with the state registrar. - }
{ - (8) In any case in which paternity of a child is
determined by a court of competent jurisdiction, or by an
administrative determination of paternity, the Center for Health
Statistics shall enter the name of the father on the new
certificate of birth. The Center for Health Statistics shall
change the surname of the child if so ordered by the court or, in
a proceeding under ORS 416.430, by the administrator as defined
in ORS 25.010. - }
{ - (9) If the father is not named on the certificate of
birth, no other information about the father shall be entered on
the legal portion of the certificate. Information pertaining to
the father may be entered in the 'Medical and Confidential'
section of the certificate of birth. - }
{ - (10) Certificates of birth filed after five days, but
within one year after the date of birth, shall be registered on
the standard form of birth certificate in the manner prescribed
in this section. The certificates shall not be marked 'Delayed.
' The state registrar may require additional evidence in support
of the facts of birth. - }
{ + (1) A report of live birth for each live birth that
occurs in this state shall be submitted to the Center for Health
Statistics, or as otherwise directed by the State Registrar of
the Center for Health Statistics, within five calendar days after
the live birth and shall be registered if the report has been
completed and filed in accordance with this section.
(2) The physician, institution or other person providing
prenatal care related to a live birth shall provide prenatal care
information as required by the state registrar by rule to the
institution where the delivery is expected to occur not less than
30 calendar days prior to the expected delivery date.
(3) When a live birth occurs in an institution or en route to
an institution, the person in charge of the institution or an
authorized designee shall obtain all data required by the state
registrar, prepare the report of live birth, certify either by
signature or electronic signature that the child was born alive
at the place and time and on the date stated and submit the
report as described in subsection (1) of this section.
(4) In obtaining the information required for the report of
live birth, an institution shall use information gathering
procedures provided or approved by the state registrar.
Institutions may establish procedures to transfer, electronically
or otherwise, information required for the report from other
sources, provided that the procedures are reviewed and approved
by the state registrar prior to the implementation of the
procedures to ensure that the information being transferred is
the same as the information being requested.
Enrolled House Bill 2093 (HB 2093-B) Page 13
(5)(a) When a live birth occurs outside an institution, the
information for the report of live birth shall be submitted
within five calendar days of the live birth in a format adopted
by the state registrar by rule in the following order of
priority:
(A) By an institution where the mother and child are examined,
if examination occurs within 24 hours of the live birth;
(B) By a physician in attendance at the live birth;
(C) By a nurse practitioner, as defined in ORS 678.010, or
direct entry midwife licensed under ORS 687.405 to 687.495 in
attendance at the live birth;
(D) By a person not described in subparagraphs (A) to (C) of
this paragraph and not required by law to be licensed to practice
midwifery who is registered with the Center for Health Statistics
to submit reports of live birth and who was in attendance at the
live birth; or
(E) By the father, the mother or, in the absence of the father
and the inability of the mother, the person in charge of the
premises where the live birth occurred.
(b) The state registrar may establish by rule the manner of
submitting the information for the report of live birth by a
person described in paragraph (a)(D) of this subsection or a
physician, nurse practitioner or licensed direct entry midwife
who attends the birth of his or her own child, grandchild, niece
or nephew.
(6) When a report of live birth is submitted that does not
include the minimum acceptable documentation required by this
section or any rules adopted under this section, or when the
state registrar has cause to question the validity or adequacy of
the documentation, the state registrar, in the state registrar's
discretion, may refuse to register the live birth and shall enter
an order to that effect stating the reasons for the action. The
state registrar shall advise the applicant of the right to appeal
under ORS 183.484.
(7) When a live birth occurs on a moving conveyance:
(a) Within the United States and the child is first removed
from the conveyance in this state, the live birth shall be
registered in this state and the place where it is first removed
shall be considered the place of live birth.
(b) While in international waters or air space or in a foreign
country or its air space and the child is first removed from the
conveyance in this state, the birth shall be registered in this
state but the report of live birth shall show the actual place of
birth insofar as can be determined.
(8) For purposes of making a report of live birth and live
birth registration, the woman who gives live birth is the live
birth mother. If a court of competent jurisdiction determines
that a woman other than the live birth mother is the biological
or genetic mother, the court may order the state registrar to
amend the record of live birth. The record of live birth shall
then be placed under seal.
(9)(a) If the mother is married at the time of either
conception or live birth, or within 300 days before the live
birth, the name of the husband shall be entered on the report of
live birth as the father of child unless parentage has been
determined otherwise by a court of competent jurisdiction.
(b) If the mother is not married at the time of either
conception or live birth, or within 300 days before the live
birth, the name of the father shall not be entered on the report
Enrolled House Bill 2093 (HB 2093-B) Page 14
of live birth unless a voluntary acknowledgment of paternity form
or other form prescribed under ORS 432.287 is:
(A) Signed by the mother and the person to be named as the
father; and
(B) Filed with the state registrar.
(c) If the mother is a partner in a domestic partnership
registered by the state at the time of either conception or live
birth, or between conception and live birth, the name of the
mother's partner shall be entered on the report of live birth as
a parent of the child, unless parentage has been determined
otherwise by a court of competent jurisdiction.
(d) In any case in which paternity of a child is determined by
a court of competent jurisdiction, or by an administrative
determination of paternity, the Center for Health Statistics
shall enter the name of the father on the new record of live
birth. The Center for Health Statistics shall change the surname
of the child if so ordered by the court or, in a proceeding under
ORS 416.430, by the administrator as defined in ORS 25.010.
(e) If a biological parent is not named on the report of live
birth, information other than the identity of the biological
parent may be entered on the report.
(10) A parent of the child, or other informant as determined by
the state registrar by rule, shall verify the accuracy of the
personal data to be entered on a report of live birth in time to
permit submission of the report within the five calendar days of
the live birth.
(11) A report of live birth submitted after five calendar days,
but within one year after the date of live birth, shall be
registered in the manner prescribed in this section. The record
shall not be marked 'Delayed. '
(12) The state registrar may require additional evidence in
support of the facts of live birth. + }
SECTION 11. ORS 432.285 is amended to read:
432.285. Any health care facility as defined in ORS 442.015
shall make available to the biological parents of any child born
live { - , - } or expected to be born { - within - }
{ + in + } the health care facility, a voluntary acknowledgment
of paternity form when the facility has reason to believe that
the mother of the child is unmarried. The responsibility of the
health care facility is limited to providing the form and
submitting the form with the
{ - birth certificate - } { + report of live birth + } to the
State Registrar of the Center for Health Statistics. The
biological parents are responsible for ensuring that the form is
accurately completed. This form shall be as prescribed by ORS
432.287.
SECTION 12. ORS 432.287 is amended to read:
432.287. (1) The Director of the Oregon Health Authority shall
adopt by rule a form of a voluntary acknowledgment of paternity
that includes the minimum requirements specified by the United
States Secretary of Health and Human Services. When the form is
signed by both biological parents and witnessed by a third party,
the form establishes paternity for all purposes when filed with
the State Registrar of the Center for Health Statistics, provided
there is no male parent already named { - on the birth
certificate - } { + in the report of live birth + }.
Establishment of paternity under this section is subject to the
provisions and the requirements in ORS 109.070. When there is no
other male named as father on the child's { - birth
certificate - } { + record of live birth + }, the filing of
Enrolled House Bill 2093 (HB 2093-B) Page 15
such voluntary acknowledgment of paternity form shall cause the
state registrar to place the name of the male parent who has
signed the voluntary acknowledgment of paternity form on the
{ - birth certificate - } { + record of live birth + } of the
child or, if appropriate, { - issue a new birth certificate - }
{ + establish a replacement for the record + } containing the
name of the child's male parent, as that parent is named in the
voluntary acknowledgment of paternity form. When signed by both
parents in the health care facility of the child's birth within
five days after the birth, the voluntary acknowledgment of
paternity form is not a sworn document. When thus signed, a staff
member of the health care facility shall witness the signatures
of the parents. In all other circumstances, the form is a sworn
document. The filing of the voluntary acknowledgment of paternity
form created by this section is subject to the payment of any
fees that may apply.
(2) The voluntary acknowledgment of paternity form must
contain:
(a) A statement of rights and responsibilities including any
rights afforded to a minor parent;
(b) A statement of the alternatives to and consequences of
signing the acknowledgment;
(c) Instructions on how to file the form with the state
registrar and information about any fee required;
(d) Lines for the Social Security numbers and addresses of the
parents; and
(e) A statement that the rights, responsibilities, alternatives
and consequences listed on the acknowledgment were read to the
parties prior to signing the acknowledgment.
(3) Upon request, the state registrar shall provide a copy of
any voluntary acknowledgment of paternity form to the state
agency responsible for administration of the child support
enforcement program created under Title IV-D of the Social
Security Act. The duty imposed upon the state registrar by this
section is limited to { - birth certificates - } { + records
of live birth + } executed and filed with the state registrar
after October 1, 1995.
SECTION 13. ORS 432.430 is amended to read:
432.430. { - (1) A person who assumes the custody of a child
of unknown parentage shall report on a form and in a manner
prescribed by the State Registrar of the Center for Health
Statistics, within five days of assuming custody, to the state
registrar the following information: - }
{ - (a) The date and the city or county, or both, where the
child was found. - }
{ - (b) Sex and approximate birth date of child. - }
{ - (c) Name and address of the person or institution with
whom the child has been placed for care. - }
{ - (d) Name given to the child by the custodian of the
child. - }
{ - (e) Other data required by the state registrar. - }
{ - (2) The place where the child was found shall be entered
as the place of birth. - }
{ - (3) The report registered under this section shall
constitute the certificate of birth for the child. - }
{ - (4) If the child is identified and a certificate of birth
is found or obtained, the report registered under this section
shall be placed in a sealed file and shall not be subject to
inspection except upon order of a court of competent jurisdiction
or as provided by rule of the state registrar. - }
Enrolled House Bill 2093 (HB 2093-B) Page 16
{ + (1) A person who assumes the custody of a child of
unknown parentage shall report on a form and in a manner
prescribed by the State Registrar of the Center for Health
Statistics, within five calendar days of assuming custody, to the
state registrar the following information:
(a) The date and the city or county, or both, where the child
was found.
(b) Sex and approximate live birth date of child.
(c) Name and address of the person or institution with whom the
child has been placed for care.
(d) Name given to the child by the custodian of the child.
(e) Other data required by the state registrar.
(2) The place where the child was found shall be entered as the
place of live birth.
(3) Information submitted under this section shall constitute
the report of live birth for the child.
(4) If the child is identified and a live birth registration is
found or obtained, the report submitted under this section and
the live birth registration resulting from that report shall be
voided and placed under seal and shall not be subject to
inspection except upon order of a court of competent jurisdiction
or as provided by rule of the state registrar. + }
SECTION 14. ORS 432.140 is amended to read:
432.140. { - (1) When a certificate of birth of a person born
in this state has not been filed within one year after the date
of birth, a delayed certificate of birth may be filed in
accordance with rules of the State Registrar of the Center for
Health Statistics. If a hospital fails to file a certificate of
birth within one year after the date of birth, a certificate of
birth may be filed as provided by rule of the state registrar. No
delayed certificate shall be registered until the evidentiary
requirements as specified by rule have been met. - }
{ - (2) A certificate of birth registered one year or more
after the date of birth shall be registered on a delayed
certificate of birth form and show on its face the date of
filing. - }
{ - (3) A summary statement of the evidence submitted in
support of the delayed registration shall be indorsed on the
certificate. - }
{ - (4)(a) When an applicant does not submit the minimum
documentation required by rule of the state registrar for delayed
registration or when the state registrar has cause to question
the validity or adequacy of the applicant's sworn statement or
the documentary evidence, and if the deficiencies are not
corrected, the state registrar shall not register the delayed
certificate of birth and shall enter an order to that effect
stating the reasons for the action. The state registrar shall
advise the applicant of the right to appeal under ORS 183.480 to
183.484. - }
{ - (b) The state registrar by rule may provide for the
dismissal of an application which is not actively prosecuted. - }
{ + (1) When a report of live birth of a person born in this
state has not been registered within one year after the date of
birth, a delayed report of live birth may be submitted in
accordance with rules of the State Registrar of the Center for
Health Statistics. No delayed report shall be registered until
the evidentiary requirements as specified by rule have been met.
(2) A certified copy issued as a result of a report of live
birth submitted under this section shall indicate the delayed
Enrolled House Bill 2093 (HB 2093-B) Page 17
registration and show the date of the registration. The record of
live birth shall contain a summary statement of the evidence
submitted in support of the delayed registration.
(3) All delayed reports of live birth shall be processed and
registered at the Center for Health Statistics.
(4) All certified copies of delayed registrations shall be
issued by the state registrar.
(5) A delayed report of live birth may not be registered for a
deceased person.
(6)(a) When an applicant does not submit the minimum
documentation required by rule of the state registrar for delayed
registration or when the state registrar has cause to question
the validity or adequacy of the applicant's sworn statement or
the documentary evidence, and if the deficiencies are not
corrected, the state registrar, in the state registrar's
discretion, may refuse to register the delayed report of live
birth and shall enter an order to that effect stating the reasons
for the action. The state registrar shall advise the applicant
of the right to appeal under ORS 183.484.
(b) The state registrar by rule may provide for the dismissal
of an application that is not actively prosecuted. + }
SECTION 15. ORS 432.142 is amended to read:
432.142. { - (1) If the State Registrar of the Center for
Health Statistics refuses to file a delayed certificate of birth
under the provisions of ORS 432.140, the applicant may file a
signed and sworn petition with a court of competent jurisdiction
seeking an order establishing a record of the date and place of
birth and the parentage of the person whose birth is to be
registered. - }
{ - (2) The petition shall be made on a form prescribed and
furnished or approved by the state registrar and shall
allege: - }
{ - (a) That the person for whom a delayed certificate of
birth is sought was born in this state; - }
{ - (b) That no certificate of birth of the person can be
found in the records of the Center for Health Statistics; - }
{ - (c) That diligent efforts by the petitioner have failed
to obtain the evidence required in accordance with ORS 432.140
and rules adopted pursuant thereto; - }
{ - (d) That the state registrar has refused to file a
delayed certificate of birth; and - }
{ - (e) Such other allegations as may be required under ORS
183.480 and 183.484. - }
{ - (3) The petition shall be accompanied by a statement made
in accordance with ORS 432.140 and all documentary evidence which
was submitted to the state registrar in support of the
filing. - }
{ - (4) The court shall fix a time and place for hearing the
petition and shall give the state registrar notice of the
hearing. The state registrar or an authorized representative may
appear and testify in the proceeding. - }
{ - (5) If the court finds, from the evidence presented, that
the person for whom a delayed certificate of birth is sought was
born in this state, it shall make findings as to the place and
date of birth, parentage and such other findings as may be
required and shall issue an order, on a form prescribed and
furnished or approved by the state registrar, to establish a
court-ordered certificate of birth. This order shall include the
birth data to be registered, a description of the evidence
presented and the date of the court's action. - }
Enrolled House Bill 2093 (HB 2093-B) Page 18
{ - (6) The clerk of the court shall forward each order to
the state registrar not later than the 10th day of the calendar
month following the month in which it was entered. The order
shall be registered by the state registrar and shall constitute
the certificate of birth. - }
{ + (1) If the State Registrar of the Center for Health
Statistics refuses to register a report of live birth or a
delayed report of live birth under the provisions of ORS 432.140
or 432.206, the applicant may file a signed and sworn petition
with a court of competent jurisdiction seeking an order
establishing a record of the date and place of live birth and the
parentage of the person whose birth is to be registered.
(2) The petition shall be made on a form prescribed and
furnished or approved by the state registrar and shall allege:
(a) That the person for whom a record of live birth or a
delayed record of live birth is sought was born in this state and
no record of live birth or delayed record of live birth of the
person can be found in the records of the Center for Health
Statistics;
(b) That diligent efforts by the petitioner have failed to
obtain the evidence required for submitting a report of live
birth or a delayed report of live birth in accordance with ORS
432.140 or 432.206 and rules adopted under ORS 432.140 or
432.206;
(c) That the state registrar has refused to register a report
of live birth or a delayed report of live birth; and
(d) Other allegations as may be required under ORS 183.484.
(3) The petition must be served on the state registrar and
accompanied by all documentary evidence that was submitted to the
state registrar in support of the petition.
(4) The court shall fix a time and place for hearing the
petition and shall give the state registrar notice of the
hearing. The state registrar or an authorized representative may
appear and testify in the proceeding.
(5) If the court finds, from the evidence presented, that the
person for whom a record of live birth or a delayed record of
live birth is sought was born in this state, it shall make
findings as to the place and date of live birth, parentage and
such other findings as may be required and shall issue an order,
on a form prescribed and furnished or approved by the state
registrar, to establish a court-ordered record of live birth or
delayed record of live birth. This order shall include the live
birth data to be registered, a description of the evidence
presented and the date of the court's action.
(6) The clerk of the court shall forward a certified copy of
each order to the state registrar twice a month as adopted by the
state registrar by rule. The order must be used to register a
report of live birth or a delayed report of live birth for the
person. The record of live birth or delayed record of live birth
must include a statement that it was registered on the basis of a
court order. + }
{ +
(For Death and Fetal Death) + }
SECTION 16. ORS 432.307 is amended to read:
432.307. { - (1) A certificate of death for each death that
occurs in this state must be submitted to the county registrar of
the county in which the death occurred or to the Center for
Health Statistics, or as otherwise directed by the State
Enrolled House Bill 2093 (HB 2093-B) Page 19
Registrar of the Center for Health Statistics, within five days
after death or the finding of a dead body and before final
disposition, and must be registered if it has been completed and
filed in accordance with this section. - }
{ - (a) If the place of death is unknown, but the dead body
is found in this state, the certificate of death must be
completed and filed in accordance with this section. The place
where the body is found must be shown as the place of death. If
the date of death is unknown, it must be determined by
approximation. If the date cannot be determined by approximation,
the date the dead body is found must be entered and identified as
the date of death. - }
{ - (b) When death occurs in a moving conveyance: - }
{ - (A) In the United States and the body is first removed
from the conveyance in this state, the death must be registered
in this state and the place where it is first removed must be
considered the place of death. - }
{ - (B) While in international waters or airspace or in a
foreign country or its airspace and the body is first removed
from the conveyance in this state, the death must be registered
in this state but the certificate must show the actual place of
death insofar as can be determined. - }
{ - (c) In all other cases, the place where death is
pronounced is considered the place where death occurred. - }
{ - (2) The funeral service practitioner or person acting as
a funeral service practitioner who first assumes custody of the
dead body shall submit the certificate of death. The funeral
service practitioner or person acting as a funeral service
practitioner shall obtain the personal data from the next of kin
or the best qualified person or source available and shall obtain
the medical certification from the person responsible therefor.
The funeral service practitioner or person acting as a funeral
service practitioner shall provide the certificate of death
containing information as specified by rule to identify the
decedent to the certifier within 48 hours after death. - }
{ - (3) The physician, physician assistant practicing under
the supervision of a person licensed to practice medicine under
ORS chapter 677 or certified nurse practitioner, in charge of the
care of the patient for the illness or condition that resulted in
death shall complete, sign and return the medical certification
of death to the funeral service practitioner or person acting as
a funeral service practitioner within 48 hours after receipt of
the certificate of death by the physician, physician assistant or
nurse practitioner, except when inquiry is required by ORS
chapter 146. In the absence or inability of the physician,
physician assistant or nurse practitioner, or with the approval
of the physician, the medical certification of death may be
completed by an associate physician, the chief medical officer of
the institution in which death occurred or the physician who
performed an autopsy upon the decedent, provided that the
individual has access to the medical history of the case and
death is due to natural causes. The person completing the medical
certification of death shall attest to its accuracy either by
signature or by an approved electronic process. - }
{ - (4) When inquiry is required by ORS chapter 146, the
medical examiner shall determine the cause of death and shall
complete and sign the medical certification of death within 48
hours after taking charge of the case. - }
{ - (5) If the cause of death cannot be determined within the
time prescribed, the medical certification of death must be
Enrolled House Bill 2093 (HB 2093-B) Page 20
completed as provided by rule of the state registrar. The
attending physician, physician assistant practicing under the
supervision of a person licensed to practice medicine under ORS
chapter 677, nurse practitioner or medical examiner shall give
the funeral service practitioner or person acting as a funeral
service practitioner notice of the reason for the delay, and
final disposition of the body may not be made until authorized by
the attending physician, physician assistant, nurse practitioner
or medical examiner. - }
{ - (6) Upon receipt of autopsy results or other information
that would change the information in the 'Cause of Death '
section of the certificate of death from that originally
reported, the certifier shall immediately file a supplemental
report of cause of death with the Center for Health Statistics to
amend the certificate. - }
{ - (7) When a death is presumed to have occurred within this
state but the body cannot be located, a certificate of death may
be registered by the state registrar only upon receipt from the
State Medical Examiner. Such a death certificate must be marked '
Presumptive' and must show on its face the date of
registration. - }
{ - (8) When a death occurring in this state has not been
registered within the time period prescribed by this section, a
certificate of death may be filed in accordance with rules of the
state registrar. The certificate must be registered subject to
evidentiary requirements prescribed by the state registrar by
rule to substantiate the alleged facts of death. - }
{ - (9) A certificate of death registered one year or more
after the date of death or the date the dead body was found must
be marked 'Delayed' and must show on its face the date of the
delayed registration. - }
{ - (10) When an applicant does not submit the minimum
documentation required by rule of the state registrar for delayed
registration or when the state registrar has cause to question
the validity or adequacy of the applicant's sworn statement or
the documentary evidence and if the deficiencies are not
corrected, the state registrar may not register the delayed
certificate of death and shall advise the applicant of the right
of appeal under ORS 183.480 to 183.484. - }
{ - (11) A certificate of death required to be filed under
this section must contain the Social Security number of the
decedent whenever the Social Security number is reasonably
available from other records concerning the decedent or can be
obtained from the person in charge of the final disposition of
the decedent. - }
{ - (12) If a decedent's death was caused by suicide, the
person who submits the death certificate to the county registrar
or to the Center for Health Statistics, or as otherwise directed
by the State Registrar of the Center for Health Statistics, shall
make reasonable efforts to ascertain and shall notify the center
through the electronic death certificate system: - }
{ - (a) Whether the decedent was a veteran; and - }
{ - (b) If the decedent was a veteran, whether the decedent
served in combat and, if so, where the decedent served. - }
{ + (1)(a) A report of death for each death that occurs in
this state must be submitted to the county registrar of the
county in which the death occurred or to the Center for Health
Statistics, or as otherwise directed by the State Registrar of
the Center for Health Statistics, within five calendar days after
death or the finding of a dead body and before final disposition,
Enrolled House Bill 2093 (HB 2093-B) Page 21
and must be registered if it has been completed and submitted in
accordance with this section.
(b) If the place of death is unknown, but the dead body is
found in this state, the report of death must be completed and
submitted in accordance with this section. The place where the
body is found must be noted as the place of death except, if in
an emergency the decedent is moved by conveyance to another
county and is dead on arrival, the death shall be considered to
have occurred in the county from where the body was originally
moved.
(c) When death occurs in a moving conveyance within or outside
the United States and the body is first removed from the
conveyance in this state, the death must be registered in this
state and the place where the body is first removed shall be
deemed the place of death. The report of death may note the
actual location of death insofar as it can be determined.
(d) In all other cases, the place where death is pronounced
shall be considered the place where death occurred.
(e) If the date of death is unknown, the medical certifier
shall determine the date by approximation. If the date cannot be
determined by approximation, the date that the body was found
shall be entered on the report of death.
(2)(a) The funeral service practitioner or person acting as a
funeral service practitioner who first assumes custody of the
dead body shall submit the report of death to the county
registrar of the county in which the death occurred or to the
Center for Health Statistics. In cases where there is no funeral
service practitioner or person acting as a funeral service
practitioner, the medical examiner shall submit the report of
death.
(b) The funeral service practitioner or person acting as the
funeral service practitioner shall obtain the personal data from
the next of kin or the best qualified person or source available
and shall obtain the medical certification from the person
responsible for the medical certification.
(c) The funeral service practitioner or person acting as the
funeral service practitioner shall provide sufficient information
to identify the decedent to the medical certifier within 48 hours
after death unless the medical certification has already been
submitted.
(3) A medical certification shall be completed within 48 hours
after having access to the report of death by the decedent's
primary or attending medical certifier who was in charge of the
care of the patient for the illness or condition that resulted in
death, except when inquiry is required under ORS chapter 146. In
the absence or inability of the medical certifier, or with the
medical certifier's approval, the report of death may be
completed by an associate of the medical certifier, the chief
medical officer of the institution where death occurred or the
physician who performed an autopsy upon the decedent, provided
that the associate, chief medical officer or physician has access
to the medical history of the case and death is due to natural
causes. The person completing the cause of death shall attest to
its accuracy either by signature or by electronic signature.
(4) When inquiry is required under ORS chapter 146, the medical
examiner in the jurisdiction where death occurred or the body was
found shall determine the cause and manner of death and shall
complete and sign the medical certification within 48 hours after
taking charge of the case. If the cause or manner of death is
Enrolled House Bill 2093 (HB 2093-B) Page 22
unknown or pending investigation, the cause or manner of death
shall be noted as such on the report of death.
(5) When the death occurs in a hospital where more than 10
deaths occurred during the previous calendar year, the person in
charge of the hospital shall require the medical certification to
be reported through the state electronic reporting system and the
report of death to include the electronic signature of the
medical certifier.
(6)(a) When a death occurs in a hospital described in
subsection (5) of this section and the death is not under the
jurisdiction of a medical examiner, the person in charge of the
hospital or the designated representative of the person in charge
of the hospital shall enter the following information on the
report of death within 48 hours of death:
(A) If the report of death does not exist in the state
electronic reporting system, the name of the decedent, the date
of the decedent's birth, the date of the decedent's death and the
county in which the decedent died; and
(B) The medical certification of death, accompanied by the
signature or electronic signature of the person completing the
cause of death as described in subsection (3) of this section.
(b) The partially completed report of death prepared under this
subsection shall be made available to the funeral service
practitioner or person acting as a funeral service practitioner
within 48 hours of death.
(7) Upon receipt of autopsy results or other information that
would change the information related to the cause or manner of
death, a medical certifier or medical examiner shall submit an
amendment to the record of death within five calendar days to the
Center for Health Statistics.
(8) When a death that is not the subject of a presumptive death
proceeding in a court in this state or another state is presumed
to have occurred in this state as the result of a known event in
this state, but no remains of the presumed deceased can be
located, a report of death may be prepared by the State Medical
Examiner upon receiving an order from a court of competent
jurisdiction that contains findings of fact necessary to complete
the report of death. A report of death prepared under this
subsection shall be marked or flagged 'Presumptive' and must show
on its face the date of death as determined by the court, the
date of registration, the identity of the court and the date of
the order.
(9) When a death of a missing person domiciled in this state,
and that is not the subject of a presumptive death proceeding in
a court of this state or another state, has been determined by a
court of competent jurisdiction to have presumptively occurred in
another state, a report of death may be prepared by the State
Medical Examiner upon receiving an order from the court that
contains findings of fact necessary to complete the report of
death. A report of death prepared under this subsection shall be
marked or flagged 'Presumptive' and must show on its face the
date of death as determined by the court, the date of
registration, the identity of the court and the date of the
order.
(10) When a death occurring in this state has not been
registered as prescribed by this section, a report of death may
be submitted to the state registrar as described in this section
provided that the medical certifier or medical examiner and the
funeral service practitioner or person acting as a funeral
service practitioner are available to complete the report of
Enrolled House Bill 2093 (HB 2093-B) Page 23
death. If the report of death is submitted more than one year
after the date of death or the date on which the body was found,
the medical certifier or medical examiner and funeral service
practitioner or person acting as a funeral service practitioner
shall state in accompanying notarized statements that the
information submitted is based on records kept in the files of
the medical certifier or medical examiner and funeral service
practitioner or person acting as a funeral service practitioner.
If the medical certifier or medical examiner and funeral service
practitioner or person acting as a funeral service practitioner
are unavailable to complete the report of death, or decline to
complete the report death, then the death shall not be registered
except upon the receipt of an order from a court of competent
jurisdiction.
(11) A report of death required to be submitted under this
section must contain the Social Security number of the decedent
when the Social Security number is reasonably available from
other records related to the decedent or can be obtained from the
person in charge of the final disposition of the decedent.
(12) If a decedent's death was caused by suicide, the person
who submits the report of death to the county registrar or to the
Center for Health Statistics, or as otherwise directed by the
state registrar, shall make reasonable efforts to ascertain
whether the decedent was a veteran and, if the decedent was a
veteran, whether the decedent served in combat and, if so, where
the decedent served. Information acquired under this subsection
must be reported to the Center for Health Statistics through the
state electronic reporting system. + }
SECTION 17. { + Section 18 of this 2013 Act is added to and
made a part of ORS chapter 432. + }
SECTION 18. { + (1)(a) A death may be registered by the State
Medical Examiner as specified in ORS 432.307 (8) or (9) upon
receipt of an order from a court of competent jurisdiction.
(b) A court order that establishes a record of death shall
include all of the following information:
(A) The decedent's full legal name;
(B) The date of the decedent's death as determined from
evidence presented to the court; and
(C) The city, county and place in which the decedent died as
determined from evidence presented to the court.
(c) A court order that establishes a record of death shall
include, if available, all of the following information:
(A) The decedent's date of live birth, city and state or
country of live birth, race, ethnicity, sex and Social Security
number and the name or names of the decedent's parent or parents,
as the name or names appear on a birth record;
(B) The decedent's address, including street address, city,
county, state and zip code at the time of death;
(C) The decedent's marital status at the time of death;
(D) The name, as it appears on a birth record, of any surviving
spouse; and
(E) The information necessary to complete the medical
certification, including the cause and manner of death and, if
the death occurred because of an injury, information on how and
when the injury occurred, or, if the cause and manner of death
are not known, a statement that the cause and manner of death are
not known.
(2) On the basis of the information in the court order, the
State Medical Examiner shall prepare a report of death. The State
Enrolled House Bill 2093 (HB 2093-B) Page 24
Registrar of the Center for Health Statistics shall use a report
of death prepared under this subsection to register the death.
(3) All records of death issued under this section shall show
the date of the court order and the name of the court issuing the
order.
(4) If the death was registered pursuant to ORS 432.307 (8) or
(9), the record of death shall be flagged as being '
Presumptive.' + }
SECTION 19. ORS 432.333 is amended to read:
432.333. { - (1) Each fetal death of 350 grams or more, or,
if weight is unknown, of 20 completed weeks gestation or more,
calculated from the date last normal menstrual period began to
the date of delivery, that occurs in this state shall be reported
within five days after delivery to the county registrar of the
county in which the fetal death occurred or to the Center for
Health Statistics or as otherwise directed by the State Registrar
of the Center for Health Statistics. All induced terminations of
pregnancy shall be reported in the manner prescribed in ORS
435.496 and shall not be reported as fetal deaths. - }
{ - (2) When a fetus is delivered in an institution, the
person in charge of the institution or a designated
representative shall prepare and file the report. - }
{ - (3) When a fetus is delivered outside an institution, the
physician in attendance at or immediately after delivery shall
prepare and file the report. - }
{ - (4) When a fetal death required to be reported by this
section occurs without attendance by a physician at or
immediately after the delivery or when inquiry is required by ORS
146.003 to 146.189 and 146.710 to 146.992, the medical examiner
shall investigate the cause of fetal death and shall prepare and
file the report. - }
{ - (5) When a fetal death occurs in a moving conveyance and
the fetus is first removed from the conveyance in this state or
when a fetus is found in this state and the place of fetal death
is unknown, the fetal death shall be reported in this state. The
place where the fetus was first removed from the conveyance or
the fetus was found shall be considered the place of fetal
death. - }
{ - (6) All information regarding the father shall be entered
on the fetal death report if the father is identified. - }
{ + (1)(a) A report of each fetal death of 350 grams or more
or, if the weight is unknown, of 20 completed weeks gestation or
more, calculated from the date the last normal menstrual period
began to the date of the delivery, that occurs in this state
shall be submitted within five calendar days after the delivery
to the Center for Health Statistics or as otherwise directed by
the State Registrar of the Center for Health Statistics. The
state registrar shall register the report of fetal death if it
has been completed and submitted in accordance with this section
and any rules adopted by the state registrar under this section.
(b) All induced terminations of pregnancy shall be reported in
the manner prescribed in ORS 435.496 and shall not be reported as
fetal deaths.
(2) When fetal death occurs in an institution or en route to an
institution, the person in charge of the institution or an
authorized designee shall obtain all data required by the state
registrar, prepare the report of fetal death, certify by
electronic signature that the information reported is accurate
and complete and submit the report as described in subsection (1)
of this section.
Enrolled House Bill 2093 (HB 2093-B) Page 25
(3) In obtaining the information required for the report of
fetal death, an institution shall use information gathering
procedures provided or approved by the state registrar.
Institutions may establish procedures to transfer, electronically
or otherwise, information required for the report from other
sources, provided that the procedures are reviewed and approved
by the state registrar prior to the implementation of the
procedures to ensure that the information being transferred is
the same as the information being requested.
(4) If fetal death occurs outside an institution, the physician
in attendance at or immediately after the delivery of the fetus
shall prepare and submit the report of fetal death within five
calendar days of the delivery in a format adopted by the state
registrar by rule.
(5) If fetal death occurs outside an institution and without a
physician in attendance at or immediately after the delivery of
the fetus, or if inquiry is required by ORS chapter 146, the
medical examiner in the jurisdiction where the fetal death
occurred shall prepare and submit the report of fetal death
within five calendar days of the delivery in a format adopted by
the state registrar by rule. If the cause of fetal death is
unknown or pending investigation, the cause shall be noted as
such on the report of fetal death.
(6) When fetal death occurs in a moving conveyance within or
outside the United States and the fetus is first removed from the
conveyance in this state, the fetal death must be registered in
this state and the place where the fetus is first removed shall
be deemed the place of fetal death. The report of fetal death may
note the actual location of fetal death insofar as it can be
determined.
(7) When a fetus is found in this state and the place of
delivery is unknown, the report of fetal death must indicate that
the place where the fetus was found is the place of delivery.
(8) When a record of fetal death is amended, a notation
indicating the record was amended must be shown on all certified
copies of the record. The date of the amendment and the certified
copy item that was amended must also be shown on all certified
copies of the record. + }
SECTION 20. ORS 432.317 is amended to read:
432.317. { - (1) The funeral service practitioner or person
acting as a funeral service practitioner who first assumes
possession of a dead body or fetus shall make a written report to
the county registrar in the county in which death occurred or in
which the body or fetus was found within 24 hours after taking
possession of the body or fetus. The report shall be on a form
prescribed and furnished by the State Registrar of the Center for
Health Statistics and in accordance with rules adopted by the
Oregon Health Authority. - }
{ - (2) Prior to final disposition of the body, the funeral
service practitioner or person acting as a funeral service
practitioner who first assumes custody of a dead body shall,
prior to final disposition of the body, obtain written
authorization for final disposition of the body from the
physician, physician assistant practicing under the supervision
of a person licensed to practice medicine under ORS chapter 677,
certified nurse practitioner or medical examiner who certifies
the cause of death as provided in ORS 432.307 (3) on a form
prescribed and furnished by the state registrar. If the funeral
service practitioner or person acting as a funeral service
practitioner is unable to obtain such written authorization prior
Enrolled House Bill 2093 (HB 2093-B) Page 26
to final disposition of the body, the practitioner or person,
with the oral consent of the physician, the physician assistant,
the nurse practitioner, the medical examiner or a licensed health
professional authorized to give such consent on behalf of the
physician or medical examiner who is responsible for certifying
the cause of death, may authorize final disposition of the body
on a form prescribed and furnished by the state registrar. - }
{ - (3) Prior to final disposition of a fetus, irrespective
of the duration of pregnancy, the funeral service practitioner,
the person in charge of the institution or other person assuming
responsibility for final disposition of the fetus shall authorize
final disposition of the fetus on a form prescribed and furnished
or approved by the state registrar. - }
{ - (4) With the consent of the physician, physician
assistant practicing under the supervision of a person licensed
to practice medicine under ORS chapter 677, nurse practitioner or
medical examiner who is to certify the cause of death, a dead
body may be moved from the place of death for the purpose of
being prepared for final disposition. - }
{ - (5) An authorization for final disposition issued under
the laws of another state which accompanies a dead body or fetus
brought into this state shall be authority for final disposition
of the body or fetus in this state. Permits for transporting a
body or fetus out of another state issued under the laws of
another state shall be authority for transporting a body or fetus
into Oregon. - }
{ - (6) No sexton or other person in charge of any place in
which interment or other disposition of dead bodies is made shall
inter or allow interment or other disposition of a dead body or
fetus unless it is accompanied by authorization for final
disposition. - }
{ - (7) Each person in charge of any place for final
disposition shall include in the authorization the date of
disposition and shall complete and return all authorizations to
the county registrar within 10 days after the date of the
disposition. When there is no person in charge of the place for
final disposition, a responsible party other than the funeral
service practitioner or person acting as a funeral service
practitioner shall complete and return the authorization to the
county registrar within 10 days after the date of
disposition. - }
{ - (8) Authorization for disinterment and reinterment shall
be required prior to disinterment of a dead body or fetus. The
authorization shall be issued by the state registrar to a
licensed funeral service practitioner or person acting as a
funeral service practitioner, upon proper application. - }
{ - (9) Prior to removing a dead body or fetus from the State
of Oregon under ORS 692.270, a person acting as a funeral service
practitioner as defined in ORS 432.005 (11)(b) shall submit a
written notice of removal to the county registrar in the county
in which death occurred or in which the body or fetus was found.
The notice shall be on a form prescribed and furnished by the
State Registrar of the Center for Health Statistics and in
accordance with rules adopted by the Oregon Health Authority. A
copy of the written notice of removal shall serve as a transit
permit for the remains of the decedent named on the notice. - }
{ + (1) Human remains shall be disposed of in accordance with
ORS chapter 97.
(2) The funeral service practitioner or person acting as a
funeral service practitioner who first assumes possession of a
Enrolled House Bill 2093 (HB 2093-B) Page 27
dead body or fetus shall submit written notice to the county
registrar in the county in which death occurred or in which the
dead body or fetus was found within 24 hours of taking possession
of the dead body or fetus. The notice must be on a form
prescribed and furnished by the State Registrar of the Center for
Health Statistics.
(3) Before the final disposition of a dead body, the funeral
service practitioner or person acting as a funeral service
practitioner who first assumes custody of the dead body shall
obtain written authorization, on a form prescribed and furnished
by the state registrar, for final disposition of the dead body
from the medical certifier or medical examiner who certifies the
cause of death as described in ORS 432.307. If the funeral
service practitioner or person acting as a funeral service
practitioner is unable to obtain written authorization before the
final disposition of the dead body, the funeral service
practitioner or person acting as a funeral service practitioner
may authorize, with the oral consent of the medical certifier or
medical examiner who is responsible for certifying the cause of
death, the final disposition of the dead body on a form
prescribed and furnished by the state registrar.
(4) Upon request of a parent or the parent's authorized
representative, a disposition permit may be issued for a fetus
that is not reportable as a fetal death.
(5) A permit authorizing final disposition issued under the law
of another state that accompanies human remains brought into this
state shall have the same force and effect as a permit
authorizing final disposition issued by the state registrar.
(6) A person in charge of a place where interment or other
disposition of human remains is made may not inter or allow
interment or other disposition of human remains unless the human
remains are accompanied by a permit authorizing disposition.
(7) A person in charge of a place where interment or other
disposition of human remains is made shall indicate on the permit
authorizing disposition the date of disposition and return the
completed permit to the county registrar of the county where
death occurred. If there is no such person, the funeral service
practitioner or person acting as the funeral service practitioner
shall complete the permit and return it to the county registrar
of the county where death occurred.
(8) Disinterment of human remains requires authorization for
disinterment and reinterment. The state registrar may issue
authorization for disinterment and reinterment to a funeral
service practitioner or person acting as a funeral service
practitioner upon application, as required by the state registrar
by rule.
(9) Prior to removing a dead body or fetus from this state
under ORS 692.270, a funeral service practitioner or a person
acting as a funeral service practitioner shall submit a written
notice of removal to the country registrar in the county in which
death occurred or in which the dead body or fetus was found. The
notice shall be on a form prescribed and furnished by the state
registrar. A copy of a written notice of removal serves as a
permit for transporting the remains of a decedent named on the
notice. + }
SECTION 21. ORS 432.327 is amended to read:
432.327. Upon such conditions as the State Registrar of the
Center for Health Statistics may prescribe to ensure compliance
with the purposes of this chapter, by rule the state registrar
may provide for the extension, not to exceed 60 days, of the
Enrolled House Bill 2093 (HB 2093-B) Page 28
periods prescribed in ORS 432.307 { + , + } { - and - }
432.317 { + and 432.333 + } for the
{ - filing of certificates of death and fetal death reports,
medical certifications of death, and - } { + submission of a
report of death or fetal death and related documentation and + }
for the obtaining of
{ - permits - } { + a permit + } for disposition of human
remains in cases where compliance with the applicable prescribed
period would result in undue hardship.
{ +
(For Marriage, Domestic Partnership, Dissolution of + }
{ +
Marriage and Dissolution of Domestic Partnership) + }
SECTION 22. ORS 432.405 is amended to read:
432.405. { - (1) A record of each marriage performed and
domestic partnership registered in this state shall be filed with
the Center for Health Statistics and shall be registered if it
has been completed and filed in accordance with this section and
rules adopted by the State Registrar of the Center for Health
Statistics. - }
{ - (2) The county clerk or county official who issues the
marriage license or registers the Declaration of Domestic
Partnership shall prepare the record in the form prescribed or
furnished by the state registrar upon the basis of information
obtained from the parties. - }
{ - (3) Each person who performs a marriage ceremony shall
certify the fact of marriage and return the record to the
official who issued the license within 10 days after the
ceremony. - }
{ - (4) Every official issuing marriage licenses or
registering Declarations of Domestic Partnership shall complete
and forward to the Center for Health Statistics on or before the
10th day of each calendar month the records of marriages returned
to such official during the preceding calendar month and the
records of Declarations of Domestic Partnership registered during
the preceding calendar month. - }
{ - (5) A marriage or domestic partnership record not filed
within the time prescribed by this section may be registered in
accordance with rules adopted by the state registrar. - }
{ + (1) A report of each marriage performed and domestic
partnership registered by the state shall be submitted to the
Center for Health Statistics. The State Registrar of the Center
for Health Statistics shall register a marriage or domestic
partnership if the report of marriage or domestic partnership has
been completed and submitted in accordance with this section and
any rules adopted by the state registrar.
(2) The county clerk or county official who issues the marriage
license or registers the Declaration of Domestic Partnership
shall prepare the report of marriage or domestic partnership on a
form prescribed and furnished by the state registrar, using
information obtained from the parties to whom the marriage
license or Declaration of Domestic Partnership is being issued.
(3) A person who performs a marriage shall certify the fact of
marriage and submit the certification to the county clerk or
county official who issued the license within five calendar days
of the marriage ceremony.
(4) A county clerk or county official who issues marriage
licenses or registers declarations of domestic partnership shall
Enrolled House Bill 2093 (HB 2093-B) Page 29
complete and submit the report of marriage or domestic
partnership to the Center for Health Statistics within 15
calendar days of receiving the completed marriage license or
registering the Declaration of Domestic Partnership. The report
of marriage or domestic partnership must include a copy of the
marriage license or Declaration of Domestic Partnership. + }
SECTION 23. { + Section 24 of this 2013 Act is added to and
made a part of ORS chapter 432. + }
SECTION 24. { + The State Registrar of the Center for Health
Statistics may register a marriage one year or more after the
date of the marriage ceremony if:
(1) The report of marriage is submitted by the county clerk or
county official responsible for issuing marriage licenses; and
(2) The report of marriage indicates that the registration is
delayed and identifies the date of registration. + }
SECTION 25. ORS 432.408 is amended to read:
432.408. { - (1) A record of each dissolution of marriage
judgment or dissolution of domestic partnership judgment by any
court in this state shall be filed by the clerk of the court with
the Center for Health Statistics and shall be registered if it
has been completed and filed in accordance with this section. The
record shall be prepared by the petitioner or a legal
representative of the petitioner in the form prescribed or
furnished by the State Registrar of the Center for Health
Statistics and shall be presented to the clerk of the court with
the petition. In all cases the completed record shall be
prerequisite to the entry of the judgment. The state registrar
shall design the record so that, for judgments or orders issued
in proceedings under ORS 107.085 or 107.485, the state registrar,
county clerks, county recording officers and state courts may
keep Social Security numbers confidential and exempt from public
inspection. - }
{ - (2) The clerk of the court shall complete and forward to
the Center for Health Statistics on or before the 10th day of
each calendar month the records of each dissolution of marriage
judgment or dissolution of domestic partnership judgment granted
during the preceding calendar month. The clerk shall comply with
procedures established under ORS 107.840 to ensure that, in the
records completed and forwarded under this subsection, the Social
Security numbers of parties to a proceeding under ORS 107.085 or
107.485 are kept confidential and exempt from public
inspection. - }
{ - (3) A dissolution of marriage record or dissolution of
domestic partnership record not filed within the time prescribed
by subsection (2) of this section may be registered in accordance
with rules adopted by the state registrar. - }
{ + (1) A report of each dissolution of marriage or
dissolution of domestic partnership by a court of competent
jurisdiction in this state shall be submitted by the clerk of the
court to the Center for Health Statistics. The State Registrar of
the Center for Health Statistics shall register the dissolution
of marriage or dissolution of domestic partnership if the report
of dissolution of marriage or dissolution of domestic partnership
is completed and submitted in accordance with this section and
any rules adopted by the state registrar. A report of dissolution
of marriage or dissolution of domestic partnership shall be
prepared by the petitioner for dissolution or the petitioner's
legal representative on a form prescribed by the state registrar
and submitted to the clerk of the court with the petition for
dissolution.
Enrolled House Bill 2093 (HB 2093-B) Page 30
(2) The state registrar shall design the report of dissolution
of marriage or dissolution of domestic partnership in a manner
that allows, for judgments or orders issued in proceedings
initiated under ORS 107.085 or 107.485, the state registrar,
county clerks, county recording officers and courts to keep
Social Security numbers confidential and exempt from public
inspection. In all cases, the report of dissolution of marriage
or dissolution of domestic partnership shall be completed and
submitted to the clerk of the court prior to the issuance of the
court's final order.
(3) Twice a month, as adopted by the state registrar by rule,
the clerk of the court shall complete and submit a report of
dissolution of marriage or dissolution of domestic partnership
for each judgment or final order of dissolution of marriage or
dissolution of domestic partnership entered during the month. + }
{ +
(For Adoption) + }
SECTION 26. ORS 432.415 is amended to read:
432.415. { - (1) For each judgment of adoption entered by a
court in this state, the court shall require the preparation of a
report of adoption on a form prescribed and furnished by the
State Registrar of the Center for Health Statistics. The report
shall: - }
{ - (a) Include such facts as are necessary to locate and
identify the certificate of birth of the person adopted or, in
the case of a person who was born in a foreign country, evidence
from sources determined to be reliable by the court as to the
date and place of birth of the person; - }
{ - (b) Provide information necessary to establish a new
certificate of birth of the person adopted; and - }
{ - (c) Identify the order of adoption and be certified by
the clerk of the court. - }
{ - (2) Information necessary to prepare the report of
adoption shall be furnished by each petitioner for adoption or
the attorney of the petitioner. The Department of Human Services
or any person having knowledge of the facts shall supply the
court with such additional information as may be necessary to
complete the report of adoption. The provision of such
information shall be prerequisite to the issuance of a judgment
of adoption. - }
{ - (3) Whenever an adoption judgment is amended or annulled,
the clerk of the court shall prepare a report thereof, which
shall include such facts as are necessary to identify the
original adoption report and the facts amended in the adoption
judgment as shall be necessary to properly amend the birth
record. - }
{ - (4) Not later than the 10th day of each calendar month or
more frequently, as directed by the state registrar, the clerk of
the court shall forward to the state registrar reports of
adoption, reports of annulment of adoption and amendments of
judgments of adoption that were entered in the preceding month,
together with such related reports as the state registrar shall
require. - }
{ - (5) When the state registrar receives a report of
adoption, report of annulment of adoption or amendment of a
judgment of adoption for a person born outside this state, the
state registrar shall forward such report to the state registrar
in the state of birth. - }
Enrolled House Bill 2093 (HB 2093-B) Page 31
{ - (6) If the birth occurred in a foreign country, except
Canada, and the person is not a citizen of the United States at
the time of birth, the state registrar shall prepare a
certificate of foreign birth as provided by ORS 432.230. If the
person was born in Canada, the state registrar shall forward the
report of adoption, report of annulment of adoption or amendment
of a judgment of adoption to the appropriate registration
authority in Canada. - }
{ - (7) If the person was born in a foreign country but was a
citizen of the United States at the time of birth, the state
registrar shall not prepare a certificate of foreign birth and
shall notify the adoptive parents of the procedures for obtaining
a revised birth certificate for the person through the United
States Department of State. - }
{ + (1) For each judgment of adoption entered by a court of
competent jurisdiction in this state, the court shall require the
preparation of a report of adoption on a form prescribed and
furnished by the State Registrar of the Center for Health
Statistics. The report of adoption must:
(a) Include facts that the state registrar deems necessary to
locate and identify the report of live birth of the person
adopted;
(b) If the person was born in a foreign country, provide
evidence from sources determined to be reliable by the court of
the date and place of live birth;
(c) Include information necessary to establish a replacement
report of live birth of the person adopted;
(d) Identify the final order of the judgment of adoption; and
(e) Be certified or authenticated by the clerk of the court as
provided by the state registrar by rule.
(2) Information necessary to prepare a report of adoption must
be furnished by the petitioner for adoption or by the
petitioner's legal representative. The Department of Human
Services or any other person having knowledge of the facts shall
supply the court with additional information that is necessary to
complete the report of adoption. A court must receive the
information required by this subsection before issuing a judgment
of adoption.
(3) Whenever a judgment of adoption is amended or annulled, the
clerk of the court shall prepare a report of the amendment or
annulment that includes the facts necessary to identify the
original report of adoption and the facts amended in the judgment
of adoption that are necessary to amend a report of live birth.
(4) Twice a month as adopted by the state registrar by rule,
the clerk of the court shall submit to the Center for Health
Statistics reports of adoption or reports prepared under
subsection (3) of this section.
(5) When the state registrar receives a report under subsection
(4) of this section for a person born in another state, the state
registrar shall forward the report to the state registrar in the
state of live birth.
(6) If a live birth occurred in a foreign country and the child
is not a citizen of the United States at the time of live birth,
the state registrar shall prepare a record of foreign live birth
as provided in ORS 432.230. If the live birth occurred in a
neighboring country, the state registrar shall also send a copy
of the report of adoption or any report prepared under subsection
(4) of this section to the appropriate authority.
(7) If a live birth occurred in a foreign country and through
parentage the child is a citizen of the United States, the state
Enrolled House Bill 2093 (HB 2093-B) Page 32
registrar shall notify the parents adopting the child of the
procedures for obtaining a revised live birth record for their
child through the United States Department of State. The state
registrar shall not prepare a record of foreign live birth for a
live birth described in this subsection. + }
SECTION 27. { + ORS 432.240 is added to and made a part of ORS
chapter 432. + }
SECTION 28. ORS 432.240 is amended to read:
432.240. (1) Upon receipt of a written application to the State
Registrar { + of the Center for Health Statistics + },
{ - any - } { + an + } adopted person 21 years of age and
older born in { - the State of Oregon - } { + this state + }
shall be issued a certified copy of { - his/her - } { + the
person's + } unaltered, original and unamended { - certificate
of birth - } { + record of live birth + } in the custody of the
state registrar, with procedures, filing fees, and waiting
periods { - identical to those imposed upon nonadopted citizens
of the State of Oregon pursuant to ORS 432.121 and 432.146.
Contains no exceptions - } { + as prescribed by the state
registrar by rule + }.
(2) A birth parent may at any time request from the state
registrar { - of the Center for Health Statistics - } or from
a voluntary adoption registry a Contact Preference Form that
shall accompany a { - birth certificate - } { + certified
copy + } issued under subsection (1) of this section. The Contact
Preference Form shall provide the following information to be
completed at the option of the birth parent:
_________________________________________________________________
(a) I would like to be contacted;
(b) I would prefer to be contacted only through an
intermediary; or
(c) I prefer not to be contacted at this time. If I decide
later that I would like to be contacted, I will register with the
voluntary adoption registry. I have completed an updated medical
history and have filed it with the voluntary adoption registry.
Attached is a certificate from the voluntary adoption registry
verifying receipt of the updated medical history.
_________________________________________________________________
(3) { - The - } { + A + } certificate from { - the - }
{ + a + } voluntary adoption registry verifying receipt of an
updated medical history under subsection (2) of this section
shall be in a form prescribed by the Oregon Health Authority and
shall be supplied upon request of the birth parent by the
voluntary adoption registry.
(4) When the state registrar { - of the Center for Health
Statistics - } receives a completed Contact Preference Form from
a birth parent, the state registrar shall match the Contact
Preference Form with the adopted person's { - sealed file - }
{ + record of live birth + }. The Contact Preference Form shall
be { - placed in the adopted person's sealed file - }
{ + made a part of the adopted person's record of live birth + }
when a match is made.
(5) A completed Contact Preference Form shall be confidential
and shall be placed in a secure file until a match with the
adopted person's { - sealed file - } { + record of live
birth + } is made and the Contact Preference Form is placed in
the adopted person's
{ - file - } { + record + }.
Enrolled House Bill 2093 (HB 2093-B) Page 33
(6) Only those persons who are authorized to process
applications made under subsection (1) of this section may
process Contact Preference Forms.
{ +
AMENDMENTS AND CORRECTIONS + }
SECTION 29. ORS 432.235 is amended to read:
432.235. { - (1) A certificate or report registered under
this chapter may be amended only in accordance with this chapter
and rules adopted by the State Registrar of the Center for Health
Statistics to protect the integrity and accuracy of vital records
and vital reports. - }
{ - (2) A certificate or report that is amended under this
section shall indicate that it has been amended, except as
otherwise provided in ORS 432.230, this section or by rule of the
state registrar. A record shall be maintained that identifies the
evidence upon which the amendment was based, the date of the
amendment and the identity of the person making the amendment.
The state registrar shall prescribe by rule the conditions under
which additions or minor corrections may be made to certificates
or reports within one year without the certificate or report
indicating that it has been amended. - }
{ - (3) Upon receipt of a certified copy of an order of a
court changing the name of a person born in this state and upon
request of such person or if the person is a minor or
incompetent, the parents, guardian or legal representative of the
person, the state registrar shall amend the certificate of birth
to show the new name. - }
{ - (4) Upon receipt of a certified copy of an order of a
court of competent jurisdiction indicating that the sex of an
individual born in this state has been changed by surgical
procedure and whether such individual's name has been changed,
the certificate of birth of such individual shall be amended as
prescribed by rule of the state registrar. - }
{ - (5) When an applicant does not submit the minimum
documentation required by rule of the state registrar for
amending a vital record or when the state registrar has cause to
question the validity or adequacy of the applicant's sworn
statements or the documentary evidence, and if the deficiencies
are not corrected, the state registrar shall not amend the vital
record and shall advise the applicant of the reason for this
action and shall further advise the applicant of the right of
appeal under ORS 183.480 and 183.484. - }
{ - (6) When a certificate or report is amended under this
section by the state registrar, the state registrar shall report
the amendment to any other custodian of the vital record and the
record of the other custodian shall be amended accordingly. - }
{ - (7) When an amendment is made to an application, license
and record of marriage or to a Declaration of Domestic
Partnership by the local official issuing the marriage license or
registering the declaration, copies of the amendment shall be
forwarded to the state registrar. - }
{ - (8)(a) When a party or legal representative proposes to
set aside or change any information recorded in a dissolution of
marriage judgment or dissolution of domestic partnership judgment
filed pursuant to ORS 432.408, the party or legal representative
seeking the amendment or set aside order shall prepare a summary
of the changes in the form prescribed or furnished by the state
registrar and shall present the form to the clerk of the court
Enrolled House Bill 2093 (HB 2093-B) Page 34
along with the proposed supplemental judgment. In all cases the
completed form shall be a prerequisite to the entry of the
supplemental judgment. - }
{ - (b) The clerk of the court shall complete and forward to
the Center for Health Statistics the records of each such
supplemental judgment in the same manner prescribed by ORS
432.408. - }
{ + (1) A vital record registered under this chapter must be
amended or corrected in accordance with this section or rules
adopted by the State Registrar of the Center for Health
Statistics for the purpose of protecting the integrity and
accuracy of vital records.
(2)(a) A vital record that is amended under this section shall
indicate that it has been amended, except as otherwise provided
in this section or by rule of the state registrar.
(b) The state registrar shall keep and maintain:
(A) Documentation that identifies the evidence upon which an
amendment or correction is based;
(B) The date of the amendment or correction; and
(C) The identity of the individual authorized by the Center for
Health Statistics that made the amendment or correction.
(3) Upon receipt of a certified copy of an order of a court of
competent jurisdiction changing the name of a person born in this
state, and upon the request of a person 18 years of age or older
or, if a person is younger than 18 years of age and is not an
emancipated minor, by the person's parent, legal guardian or
legal representative, the state registrar shall amend the record
of live birth to show a new name.
(4) When an applicant to amend a vital record does not submit
the minimum documentation required to make an amendment, or when
the state registrar has cause to question the validity or
adequacy of the application, the state registrar, in the state
registrar's discretion, may refuse to amend the vital record and
shall enter an order to that effect, stating the reasons for the
action. The state registrar shall advise the applicant of the
right to appeal under ORS 183.484.
(5) When an amendment is made to a record of marriage or a
record of domestic partnership by the county clerk or other
county official who issues marriage licenses and registers
domestic partnerships or, if an amendment changes the name, date
of birth or birthplace of a party, by the court that entered the
judgment or final order of dissolution of marriage or dissolution
of domestic partnership, copies of the amendment must be
forwarded to the state registrar.
(6) If a judgment or final order of dissolution of marriage or
dissolution of domestic partnership is set aside by the court
that entered the judgment or order, a copy of the notice setting
aside the judgment or order must be forwarded to the state
registrar and the state registrar shall void the related
record. + }
SECTION 30. ORS 432.230 is amended to read:
432.230. { - (1) The State Registrar of the Center for Health
Statistics shall establish a new certificate of birth for a
person born in this state when the state registrar receives
either of the following: - }
{ - (a) A report of adoption as provided in ORS 432.415 or a
report of adoption prepared and filed in accordance with the laws
of another state or foreign country, or a certified copy of the
judgment of adoption, together with the information necessary to
identify the original certificate of birth and to establish a new
Enrolled House Bill 2093 (HB 2093-B) Page 35
certificate of birth, except that a new certificate of birth
shall not be established if so requested by the court entering
the judgment of adoption, the adoptive parents or the adopted
person. - }
{ - (b) A request that a new certificate of birth be
established as prescribed by rule and the evidence required by
rule of the state registrar proving that: - }
{ - (A) The person has been legitimated; - }
{ - (B) A court of competent jurisdiction has determined the
paternity of the person; - }
{ - (C) An administrative determination of paternity has been
filed; or - }
{ - (D) Both parents have voluntarily acknowledged the
paternity of the person and requested that the surname be changed
from that shown on the original certificate. - }
{ - (2) When a new certificate of birth is established, the
actual city or county, or both, and date of birth shall be shown.
The new certificate shall be substituted for the original
certificate of birth in the files, and the original certificate
of birth and the evidence of adoption, legitimation, court
determination of paternity, administrative determination of
paternity, voluntary acknowledgment of paternity or other form
prescribed in ORS 432.287 shall not be subject to inspection
except upon order of a court or as provided by rule of the state
registrar. - }
{ - (3) Upon receipt of a report of an amended judgment of
adoption, the certificate of birth shall be amended as provided
by rule of the state registrar. - }
{ - (4) Upon receipt of a report or judgment of annulment of
adoption, the original certificate of birth shall be restored to
its place in the files and the adoption certificate and evidence
shall not be subject to inspection except upon order of a court
of competent jurisdiction or as provided by rule of the state
registrar. - }
{ - (5) Upon written request of both parents and receipt of a
voluntary acknowledgment of paternity form or other form
prescribed in ORS 432.287 signed by both parents of a child born
out of wedlock, the state registrar shall issue a new certificate
of birth to show such paternity if paternity is not already shown
on the certificate of birth. Such certificate shall not be marked
' Amended.' - }
{ - (6) If no certificate of birth is on file for the person
for whom a new birth certificate is to be established under this
section, and the date and place of birth have not been determined
in the adoption or paternity proceedings, a delayed certificate
of birth shall be filed with the state registrar as provided in
ORS 432.140 and 432.142, before a new certificate of birth is
established. The new birth certificate shall be prepared on the
delayed birth certificate form. - }
{ - (7) When a new certificate of birth is established by the
state registrar, all copies of the original certificate of birth
in the custody of any other custodian of vital records in this
state shall be sealed from inspection or forwarded to the state
registrar as the state registrar shall direct. - }
{ - (8) The state registrar, upon request, shall prepare and
register a certificate in this state for a person born in a
foreign country who is not a citizen of the United States and who
was adopted through a court of competent jurisdiction in this
state. The certificate shall be established upon receipt of a
report of a judgment of adoption from the court, proof of the
Enrolled House Bill 2093 (HB 2093-B) Page 36
date and place of the person's birth, and a request from the
court, the adopting parents or the adopted person, if 18 years of
age or over, that such a certificate be prepared. The certificate
shall be labeled 'Certificate of Foreign Birth' and shall show
the actual country of birth. A statement shall also be included
on the certificate indicating that it is not evidence of United
States citizenship for the person for whom it is issued. After
registration of the birth certificate in the new name of the
adopted person, the state registrar shall seal the report of
adoption, which shall not be subject to inspection except upon
order of a court of competent jurisdiction. - }
{ + (1) For a person born in this state, the State Registrar
of the Center for Health Statistics shall amend a record of live
birth and establish a replacement for the record if the state
registrar receives one of the following:
(a) A report of adoption as provided in ORS 432.415 or a
certified copy of the judgment of adoption, with the information
necessary to identify the original record of live birth and to
establish a replacement for the record, unless the court ordering
the adoption requests that a replacement for the record not be
established;
(b) A request that a replacement record of live birth be
prepared to establish parentage, as prescribed by the state
registrar by rule or ordered by a court of competent jurisdiction
in this state that has determined the paternity of a person;
(c) A written and notarized request, signed by both parents,
acknowledging paternity; or
(d) A certified copy of a judgment that indicates that an
individual born in this state has completed sexual reassignment
and that the sex on the record of live birth must be changed.
(2) To change a person's name under subsection (1) of this
section, the request or court order must include the name that
currently appears the record of live birth and the new name to be
designated on the replacement for the record. The new name of the
person shall be shown on the replacement for the record.
(3) Upon receipt of a certified copy of a court order to change
the name of a person born in this state as authorized by 18
U.S.C. 3521 et seq., the state registrar shall create a
replacement for a record of live birth to show the new
information as specified in the court order.
(4) When a replacement for a record of live birth is prepared,
the city, county and date of live birth must be included in the
replacement. The replacement for the record must be substituted
for the original record of live birth. The original record of
live birth and all evidence submitted with the request or court
order for the replacement for the record must be placed under
seal and is not subject to inspection, except upon the order of a
court of competent jurisdiction in this state or as provided by
rule of the state registrar.
(5) Upon receipt of an amended judgment of adoption, the record
of live birth shall be amended by the state registrar as provided
by the state registrar by rule.
(6) Upon receipt of a report of annulment of adoption or a
court order annulling an adoption, the original record of live
birth must be restored. The replacement for the record of live
birth is not subject to inspection, except upon the order of a
court of competent jurisdiction in this state or as provided by
rule of the state registrar.
(7) If there is no record of live birth for a person for whom a
replacement for the record is sought under this section and the
Enrolled House Bill 2093 (HB 2093-B) Page 37
court issues an order indicating a date of live birth more than
one year from the date submitted to the Center for Health
Statistics, the replacement for the record of live birth shall be
created as a delayed record of live birth.
(8) The state registrar shall prepare and register a record of
foreign live birth for a person born in a foreign country who is
not a citizen of the United States and for whom a judgment of
adoption was issued by a court of competent jurisdiction in this
state if the court, the parents adopting the child or the adopted
person, if the adopted person is 18 years of age or older,
requests the record. The record must be labeled 'Record of
Foreign Live Birth' and shall show the actual country of live
birth. After registering the record of foreign live birth in the
new name of the adopted person, the record must be placed under
seal and is not subject to inspection, except upon the order of a
court of competent jurisdiction in this state or as provided by
rule of the state registrar.
(9) A replacement record of live birth may not be created under
this section if the date and place of live birth have not been
determined by the court order. + }
SECTION 31. ORS 432.420 is amended to read:
432.420. The documents forwarded to the State Registrar of the
Center for Health Statistics or sealed under ORS 432.230 may be
opened by the state registrar only upon { - an order of an
Oregon court of competent jurisdiction - } { + receiving an
order from a court of competent jurisdiction + } or when
requested by an agency operating a voluntary adoption registry as
defined in ORS 109.425 for the purpose of facilitating the
identification of persons registering under the provisions of ORS
109.425 and 109.435 to 109.507.
{ +
PRESERVATION OF VITAL RECORDS + }
SECTION 32. ORS 432.115 is amended to read:
432.115. { - To preserve vital records and vital reports, the
State Registrar of the Center for Health Statistics is authorized
to prepare typewritten, photographic, electronic or other
reproductions of certificates or reports in the Center for Health
Statistics. Such reproductions when verified and approved by the
state registrar shall be accepted as original records, and the
documents from which permanent reproductions have been made may
be disposed of as provided by rule of the state registrar, rule
of the Secretary of State and ORS 192.105. - }
{ + (1) In consultation with the State Archivist, the State
Registrar of the Center for Health Statistics shall develop and
implement a preservation management program to preserve vital
record documents and information and meet generally accepted
standards for permanent preservation.
(2) The state registrar shall prepare typewritten,
photographic, electronic or other reproductions of vital records
or reports kept and maintained in the Center for Health
Statistics. These reproductions, when verified and approved by
the state registrar, shall be accepted as the original vital
record documents. The original vital record documents from which
permanent reproductions have been made may be disposed of as
described in ORS 192.105 or as provided by rule of the state
registrar.
(3) The state registrar shall provide for the continued
availability and integrity of vital event information. To ensure
Enrolled House Bill 2093 (HB 2093-B) Page 38
such availability and integrity, the state registrar may keep and
maintain redundant copies of information in multiple locations
and formats, such as microfilm, microfiche, imaging and
electronic databases.
(4) The preservation management program must provide for the
continued availability of historic vital record documents and
information for research and related purposes. Vital records are
historic when 100 years have elapsed after the date of live birth
for births occurring after 1914, 50 years have elapsed after the
date of death for deaths occurring after 1964, 50 years have
elapsed after the date of fetal death for fetal deaths occurring
after 1964 or 50 years have elapsed after the date of marriage,
domestic partnership, dissolution of marriage or dissolution of
domestic partnership for such events occurring after
1964. Supporting documents, including corrections and
acknowledgments of paternity, may be included with historic vital
records. Records under seal are not historic unless unsealed by
court order.
(5) Historic vital records shall be transferred to the State
Archives in accordance with archival procedures for the continued
safekeeping of the vital records. The State Archives may not
charge the Center for Health Statistics for the transfer and
maintenance of historic vital records under this subsection. The
state registrar shall adopt rules to ensure that the release of
information contained in records of birth, death, marriage,
domestic partnership and dissolution of marriage or domestic
partnership, and reports of fetal death, comply with federal and
state laws, regulations and rules. + }
{ +
EXEMPTION FROM PUBLIC DISCLOSURE + }
SECTION 33. ORS 432.121 is amended to read:
432.121. { - (1) To protect the integrity of vital records
and vital reports, to ensure their proper use and to ensure the
efficient and proper administration of the system of vital
statistics, it shall be unlawful for any person to permit
inspection of, or to disclose information from vital records or
vital reports in the custody of the State Registrar of the Center
for Health Statistics, county registrar or local registrar or to
copy or issue a copy of all or part of any such record or report
unless authorized by this chapter and by rules adopted pursuant
thereto or by order of a court of competent jurisdiction. Rules
adopted under this section shall provide for adequate standards
of security and confidentiality of vital records and vital
reports. The state registrar shall adopt rules to ensure that,
for records of dissolution of marriage issued in proceedings
under ORS 107.085 or 107.485, Social Security numbers of the
parties are kept confidential and exempt from public
inspection. - }
{ - (2) The State Registrar of the Center for Health
Statistics shall authorize the inspection, disclosure and copying
of the information referred to in subsection (1) of this section
as follows: - }
{ - (a) To the subject of the record; spouse, child, parent,
sibling or legal guardian of the subject of the record; an
authorized representative of the subject of the record, spouse,
child, parent, sibling or legal guardian of the subject of the
record; and, in the case of death, marriage or divorce records,
to other next of kin. - }
Enrolled House Bill 2093 (HB 2093-B) Page 39
{ - (b) When a person demonstrates that a death, marriage or
divorce record is needed for the determination or protection of a
personal or property right. - }
{ - (c) When 100 years have elapsed after the date of birth
or 50 years have elapsed after the date of death, marriage or
divorce. - }
{ - (d) When the person requesting the information
demonstrates that the person intends to use the information
solely for research purposes. In order to receive the
information, the person must submit a written request to the
state registrar requesting a research agreement. The state
registrar shall issue a research agreement if the person
demonstrates that the information will be used only for research
and will be held confidential. The research agreement shall
prohibit the release by the person of any information other than
that authorized by the agreement that might identify any person
or institution. - }
{ - (e) To the federal agency responsible for national vital
statistics, upon request. The copies or data may be used solely
for the conduct of official duties. Before furnishing the
records, reports or data, the state registrar shall enter into an
agreement with the federal agency indicating the statistical or
research purposes for which the records, reports or data may be
used. The agreement shall also set forth the support to be
provided by the federal agency for the collection, processing and
transmission of the records, reports or data. Upon written
request of the federal agency, the state registrar may approve,
in writing, additional statistical or research uses of the
records, reports or data supplied under the agreement. - }
{ - (f) To federal, state and local governmental agencies,
upon request. The copies or data may be used solely for the
conduct of official duties of the requesting governmental
agency. - }
{ - (g) To offices of vital statistics outside this state
when such records or other reports relate to residents of those
jurisdictions or persons born in those jurisdictions. Before
furnishing the records, reports or data, the state registrar
shall enter into an agreement with the office of vital
statistics. The agreement shall specify the statistical and
administrative purposes for which the records, reports or data
may be used and the agreement shall further provide instructions
for the proper retention and disposition of the copies. Copies
received by the Center for Health Statistics from offices of
vital statistics in other states shall be handled in the same
manner as prescribed in this section. - }
{ - (h) To an investigator licensed under ORS 703.430, upon
request. - }
{ - (3) The state registrar, upon request of a family member
or legal representative, shall issue a certified copy or other
copy of a death certificate containing the cause of death
information as provided in subsection (2) of this section or as
follows: - }
{ - (a) When a person has demonstrated through documented
evidence a need for the cause of death to establish a legal right
or claim. - }
{ - (b) When the request for the copy is made by or on behalf
of an organization that provides benefits to the decedent's
survivors or beneficiaries. - }
Enrolled House Bill 2093 (HB 2093-B) Page 40
{ - (4) Nothing in this section prohibits the release of
information or data that would not identify any person or
institution named in a vital record or a vital report. - }
{ - (5) Nothing in this section shall prohibit a health care
provider from disclosing information contained in the provider's
records as otherwise allowed by law. - }
{ - (6) Nothing in this section shall be construed to permit
disclosure of information contained in the 'Information for
Medical and Health Use Only' section of the birth certificate,
fetal death report or the 'Information for Statistical Purposes
Only' section or other confidential section of the application,
license and record of marriage or certificate of divorce, unless
specifically authorized by the state registrar for statistical or
research purposes. The data shall not be subject to subpoena or
court order and shall not be admissible before any court,
tribunal or judicial body. - }
{ - (7) All forms and procedures used in the issuance of
certified copies of vital records and vital reports shall be
uniform and provided by or approved by the state registrar. All
certified copies issued shall have security features that
safeguard the document against alteration, counterfeiting,
duplication or simulation without ready detection. - }
{ - (8) Each copy issued shall show the date of filing.
Copies issued from records marked 'Amended' shall be similarly
marked and shall show the effective date of the amendment. Copies
issued from records marked 'Delayed' shall be similarly marked
and shall include the date of filing and a description of the
evidence used to establish the delayed certificate. - }
{ - (9) Any copy issued of a certificate of foreign birth
shall indicate this fact and show the actual place of birth and
the fact that the certificate is not proof of United States
citizenship for an adoptive child. - }
{ - (10) Appeals from decisions of the state registrar to
refuse to disclose information or to permit inspection or copying
of records as prescribed by this section and rules adopted
pursuant thereto shall be made under ORS chapter 183. - }
{ - (11) The state registrar shall adopt rules to implement
this section in accordance with the applicable sections of ORS
chapter 183. - }
{ - (12) Indexes of deaths, marriages or divorces that list
names, dates of events, county of events or certificate numbers
may be disclosed. - }
{ + (1)(a) Vital records and reports, and documents, data and
information related to vital records and reports, are exempt from
public disclosure under ORS 192.410 to 192.505. Except as
provided in this section and ORS 432.180 or rules adopted by the
State Registrar of the Center for Health Statistics as described
in paragraph (b) of this subsection, a person may not disclose or
allow a person to inspect vital records or reports or related
documents, data or information.
(b) The state registrar may adopt rules permitting the
disclosure of vital records and reports and related documents,
data or information if the disclosure is for public health
purposes or if the state registrar otherwise determines that:
(A) The requestor has a valid need for the information;
(B) The information cannot be obtained from other sources;
(C) The requestor is authorized to receive the information; and
(D) The integrity of the vital record or report can be assured.
(2)(a) Personally identifiable information that may be used to
identify a natural person named in a vital record or report may
Enrolled House Bill 2093 (HB 2093-B) Page 41
be disclosed for health research purposes after submission of a
written request for the information by a researcher and the
approval of the state registrar through the execution of a
written research agreement that:
(A) Describes the research project;
(B) Documents, if necessary, applicable institutional review
board approvals; and
(C) Protects the confidentiality and security of the
information provided.
(b) An agreement entered into under this subsection:
(A) Must:
(i) Prohibit, except as explicitly permitted in the agreement,
the further release of the personally identifiable information by
the researcher unless explicitly authorized by the state
registrar; and
(ii) Specify that the state continues to own the information
provided to the requester; and
(B) May require payment for the use of the requested
information.
(3) A government agency may be furnished, upon written request
and the approval of the state registrar, with copies of documents
or other data from the system of vital statistics, provided that
the copies or data are used solely in the conduct of the
government agency's official duties. Before furnishing
information under this subsection, the state registrar and the
government agency requesting the copies or data shall enter into
a data sharing agreement that clearly specifies the uses for the
copies or data. An agreement entered into under this subsection:
(a) Must:
(A) Contain measures to protect the confidentiality and
security of the copies or data;
(B) Prohibit the further release of any personally identifiable
information by the government agency unless explicitly provided
in the agreement; and
(C) Specify that the state continues to own the copies or data;
and
(b) May require payment for the use of the requested copies or
data.
(4) The federal agency responsible for national vital
statistics may be furnished with copies of records, reports or
other data from the system of vital statistics as necessary for
the maintenance of national statistics, provided that the agency
shares in the cost of collecting, processing and transmitting the
information and that the agency does not use the information for
purposes other than statistical purposes unless the use is
explicitly authorized by the state registrar. Before furnishing
information under this subsection, the state registrar and the
agency shall enter into a data sharing agreement that clearly
specifies the uses for the information. An agreement entered into
under this subsection must:
(a) Prohibit the further release of any information by the
agency unless explicitly authorized by the state registrar; and
(b) Specify that the state continues to own the information.
(5)(a) The state registrar, pursuant to an interjurisdictional
exchange agreement, may transmit copies of records, reports or
other documents or other data from the system of vital statistics
to offices of vital statistics in other states or neighboring
countries. The exchange agreement must specify the purposes for
which the copies or data may be used by the other state or
Enrolled House Bill 2093 (HB 2093-B) Page 42
neighboring country and provide instructions for the proper
retention and disposition of the copies and data.
(b) Copies of records, reports or other documents or other data
received by the Center for Health Statistics as a result of the
exchange agreement are confidential and not subject to public
disclosure under ORS 192.410 to 192.505, and the state or
neighboring country in which the vital event occurred continues
to own the copies and data.
(c) An exchange agreement entered into under this subsection
may not allow the disclosure of copies of records, reports or
other documents or other data of a vital event that did not occur
in the state or country that is transmitting the information.
(6) When the death of a person who was born in this state or
was a resident of this state at the time of death occurs in a
country other than the United States, the state registrar shall
receive a report of death from the United States Department of
Defense or the United States Department of State.
(7) When 100 years have elapsed after the date of live birth
for births occurring after 1914, 50 years have elapsed after the
date of death for deaths occurring after 1964, 50 years have
elapsed after the date of fetal death for fetal deaths occurring
after 1964 or 50 years have elapsed after the date of marriage,
domestic partnership, dissolution of marriage or dissolution of
domestic partnership for such events occurring after 1964, the
record available for disclosure under this section, whether in
paper, electronic or other form, may be transferred to the State
Archives as a public record in accordance with archival
procedures for the continued safekeeping of the vital records.
The State Archives may not charge the Center for Health
Statistics for the transfer and maintenance of historic vital
records under this subsection. The state registrar shall adopt
rules to ensure that, for records of dissolution of marriage or
dissolution of domestic partnership issued in proceedings under
ORS 106.300 to 106.340 or 107.085 or 107.485, the Social Security
numbers of the parties are kept confidential and exempt from
public disclosure under ORS 192.410 to 192.505. Prior to
transferring records of live birth and death, the state registrar
shall redact all information identified as having only a medical
or health purpose in the United States Standard Certificates of
Live Birth and Death and the Report of Fetal Death or by rule of
the state registrar.
(8) A decision of the state registrar with regard to the
disclosure of vital records, reports and related documents, data
and information is a final agency determination. If the state
registrar refuses an inspection under this section, the person
seeking inspection may proceed in the manner set forth in ORS
183.484.
(9) Nothing in this section prohibits the state registrar from
publishing statistical compilations or reports for public health
purposes if the compilations and reports do not contain
personally identifiable information. + }
SECTION 34. ORS 432.124 is amended to read:
432.124. Notwithstanding any other provision of law, { - all
death records - } { + a document recording a death + } filed in
conjunction with owning or having a claim or interest in land
{ - in the county - } that { - are - } { + is + } in the
custody of a county clerk or county recording officer
{ - are - } { + is + } open and subject to full disclosure.
{ + A document recording a death filed in conjunction with
Enrolled House Bill 2093 (HB 2093-B) Page 43
owning or having a claim or interest in land may not include
medical information related to the cause of death. + }
SECTION 35. ORS 432.412 is amended to read:
432.412. (1) Except as provided in subsection (2) of this
section, notwithstanding any other provision of law, all marriage
{ + and domestic partnership + } records and all
{ - divorce - } records { + of dissolution of marriage and
dissolution of domestic partnership + } in the custody of a
county clerk or county recording officer and all
{ - divorce - } records { + of dissolution of marriage and
dissolution of domestic partnership + }in the custody of the
state courts are open and subject to full disclosure.
(2) { - Divorce - } Records { + of dissolution of marriage
and dissolution of domestic partnership + } in the custody of the
state courts shall be completed and maintained in accordance with
procedures established under ORS 107.840 to ensure that the
Social Security numbers of parties to proceedings under ORS
107.085 and 107.485 are kept confidential and exempt from public
inspection.
{ +
CERTIFIED COPIES OF RECORDS + }
SECTION 36. ORS 432.180 is amended to read:
432.180. { - (1) A certified copy of a vital record or vital
report or any part thereof shall be considered for all purposes
the same as the original and shall be prima facie evidence of the
facts stated therein. However, the evidentiary value of a record
or report filed more than one year after the event, a record or
report that has been amended or a certificate of foreign birth
shall be determined by the judicial or administrative body or
official before whom the record or report is offered as
evidence. - }
{ - (2) The contents, or part of the contents, and the due
execution of any certificate on file in the Center for Health
Statistics may be evidenced by a copy of the material in the
certificate, as certified by the State Registrar of the Center
for Health Statistics. - }
{ - (3) When the state registrar receives information that a
certificate may have been registered through fraud or
misrepresentation, the state registrar shall withhold issuance of
any copy of that certificate. The state registrar shall advise
the applicant of the right to appeal under ORS 183.480 to
183.484. If fraud or misrepresentation is found, the state
registrar shall remove the certificate from the file. The
certificate and evidence shall be retained but shall not be
subject to inspection or copying except upon order of a court of
competent jurisdiction or by the state registrar for purposes of
administering the system of vital statistics. - }
{ - (4) No person may prepare or issue any certificate that
purports to be an original, certified copy or copy of a vital
record or vital report except as authorized in this chapter or
rules adopted pursuant thereto. No person may prepare or issue
any certified copies of birth or death abstracts. - }
{ + (1)(a) A certified copy of a record of live birth or any
part of a record of live birth that is issued under this section
shall be considered the same as the original record of live birth
and is prima facie evidence of the facts stated on the certified
copy. However, the evidentiary value of a certified copy of a
record of live birth submitted more than one year after the
Enrolled House Bill 2093 (HB 2093-B) Page 44
birth, an amended record of live birth or a record of foreign
live birth must be determined by the judicial or administrative
body or official before whom the certified copy is offered as
evidence.
(b) A certified copy of a record of death, fetal death,
marriage, domestic partnership, dissolution of marriage or
dissolution of domestic partnership or any part of such records
that is issued under this section shall be considered the same as
the original record of death, fetal death, marriage, domestic
partnership, dissolution of marriage or dissolution of domestic
partnership and is prima facie evidence of the facts stated on
the certified copy.
(2)(a) The State Registrar of the Center for Health Statistics
shall require an applicant for a certified copy to submit a
signed application, documentation of identity and evidence of
eligibility.
(b)(A) Upon receipt of an application, the state registrar
shall review the documentation of identity provided by the
applicant. The documentation must be acceptable to the state
registrar and, at a minimum, include:
(i) Government issued identification that includes a
photograph;
(ii) At least three forms of identification; or
(iii) Identification submitted through an electronic process
adopted by the state registrar by rule.
(B) Forms of identification that may be submitted under
subparagraph (A)(ii) of this paragraph include, but are not
limited to, letters from government or social agencies, payroll
statements, utility bills, student identification with a
photograph or other items acceptable to the state registrar.
(c)(A) Upon receipt of an application, the state registrar
shall review the evidence of eligibility provided by the
applicant. Evidence of eligibility submitted under this
subsection may consist of copies of vital records establishing
eligibility, court documents establishing eligibility or
alternate methods identified and accepted by the state registrar.
Evidence of eligibility must demonstrate that the applicant is
qualified to receive a certified copy.
(B) To be qualified, an applicant must be:
(i) Eighteen years of age or older or an emancipated minor or,
if the applicant is requesting to receive a certified copy of the
applicant's own record of live birth, 15 years of age or older;
(ii) If the applicant is requesting a certified copy of a
record of live birth, the registrant, the registrant's spouse,
domestic partner who is registered by the state, parent, child,
sibling, grandparent, grandchild, legal guardian or legal
representative, an authorized representative or a government
agency acting in the conduct of its official duties;
(iii) If the applicant is requesting a certified copy of a
record of death, the decedent's spouse, domestic partner who is
registered by the state, child, parent, sibling, grandparent,
grandchild, next of kin, legal guardian immediately before death
or legal representative, an authorized representative, a person
in charge of disposition, a government agency acting in the
conduct of its official duties, an employee or agent of a funeral
home or person acting as a funeral service practitioner who is
named in the record of death for up to two years following the
date of death or a person that demonstrates to the satisfaction
of the state registrar that the certified copy is necessary for a
Enrolled House Bill 2093 (HB 2093-B) Page 45
determination related to or the protection of a personal or
property right of the applicant;
(iv) If the applicant is requesting a certified copy of a
record of fetal death, the parent, legal guardian, legal
representative of a parent, sibling, grandparent, an authorized
representative, a person in charge of disposition, a government
agency acting in the conduct of its official duties or an
employee or agent of a funeral home or person acting as a funeral
service practitioner who is named in the record of fetal death
for up to two years following the date of delivery; and
(v) If the applicant is requesting a certified copy of a record
of marriage, domestic partnership, dissolution of marriage or
dissolution of domestic partnership, the registrant, the
registrant's spouse, domestic partner who is registered by the
state, child, parent, sibling, grandparent, grandchild, legal
guardian or legal representative, an authorized representative or
a government agency acting in the conduct of its official duties.
(d) The state registrar may verify documentation of identity
and evidence of eligibility with any agency that issued that
documentation or evidence in reviewing an application.
(3) Notwithstanding subsection (2) of this section, when 100
years have elapsed after the date of live birth for births
occurring after 1914, 50 years have elapsed after the date of
death for deaths occurring after 1964, 50 years have elapsed
after the date of fetal death for fetal deaths occurring after
1964 or 50 years have elapsed after the date of marriage,
domestic partnership, dissolution of marriage or dissolution of
domestic partnership for such events occurring after 1964, the
state registrar may issue a certified copy of a record to a
person who submits an application on a form and in a manner
prescribed by the state registrar by rule. An application
submitted under this subsection must contain proof of identity.
(4) The state registrar shall, upon receipt and approval of an
application under this section, issue a certified copy of a vital
record in the form of a physical image or abstract to the
applicant.
(5) The state registrar shall require all certified copies of
vital records registered in the state to be issued from a central
database.
(6)(a) The state registrar may issue certified copies directly
to a government agency or other institution as described in this
subsection.
(b) Upon receipt of an application under subsection (2) of this
section, the state registrar may issue, upon request by the
qualified applicant, a certified copy in electronic form to a
government agency or other institution approved by the state
registrar.
(c) The state registrar may authorize a government agency or
other institution to receive certified copies under this
subsection in electronic form through an automated system
approved by the state registrar.
(d) The state registrar, in approving the issuance of a
certified copy to a government agency or other institution, shall
consider the proposed use for the certified copy, the frequency
of need for the certified copy, the security afforded by the
government agency or institution and other criteria as determined
by the state registrar by rule.
(e) Certified copies issued under this subsection may be used
by a government agency only for purposes related to the official
duties of the government agency.
Enrolled House Bill 2093 (HB 2093-B) Page 46
(7) The state registrar shall establish minimum information to
be included in a certified copy. A certified copy may not be
issued without the minimum information, except that a record of
live birth without a first name for the registrant may be issued
to government agencies for adoption or custody purposes.
(8) A certified copy of a death record containing the cause and
manner of death may not be issued except as follows:
(a) Upon specific request by the spouse, domestic partner who
is registered by the state, child, parent or next of kin of the
decedent, a person in charge of disposition or an authorized
representative of a person described in this paragraph;
(b) When a documented need for the cause or manner of death to
establish a legal right or claim has been demonstrated; or
(c) Upon receiving an order from a court of competent
jurisdiction that requires the issuance of a certified copy of a
death record containing the cause and manner of death.
(9) Each certified copy issued for a record registered after
January 1, 2008, must indicate the date of registration. If the
record was amended, the certified copy must be marked or flagged
as having been amended and must indicate the effective date of
the amendment. If the record is marked or flagged 'Delayed,' the
certified copy must be marked or flagged as having been delayed
and must include the date of registration and a description of
the evidence used to establish the record. If the record is a
record of foreign live birth, the certified copy must indicate
that fact and show the actual place of birth. A certified copy
for a record of live birth that has been matched to a record of
death must be marked or flagged 'Deceased. '
(10) Information identified in the United States Standard
Certificates of Live Birth and Death and the Report of Fetal
Death, or as identified by the state registrar by rule, as only
being available for medical or health purposes is not subject to
subpoena or court order and is not admissible before a court,
tribunal or other judicial body. Information identified in the
United States Standard Certificates of Live Birth and Death and
the Report of Fetal Death, or as identified by the state
registrar by rule, as having an administrative, statistical,
medical or health purpose may not be included in a certified copy
of a vital record.
(11) After acceptance of an application by a qualified
applicant, if a record is not identified for the requested
certified copy, the state registrar shall issue a document
indicating that a record for the requested certified copy has not
been identified. The document also must include the criteria used
in attempting to identify the record, including the type of vital
event, the name of the registrant, the date or range of dates for
the vital event and other criteria used.
(12) Verification of facts contained in a certified copy may be
furnished by the state registrar to a government agency in the
conduct of its official duties. The request for verification
must:
(a) Include a copy of the certified copy and be in a format
prescribed or approved by the state registrar; or
(b) If the requester attests to having the certified copy and
can provide verification, as determined by the state registrar by
rule, of having the certified copy, be submitted electronically
through an automated system approved by the state registrar.
(13) The state registrar shall provide or approve forms and
procedures for the issuance of certified copies of vital records
Enrolled House Bill 2093 (HB 2093-B) Page 47
in this state. All forms and procedures must be uniform and be in
accordance with section 6 of this 2013 Act.
(14) The state registrar shall maintain a searchable file,
either physical or electronic, of each application submitted
under this section for a minimum of three years.
(15) A person may not prepare or issue any paper or electronic
document that purports to be an original vital record, a
certified copy for verification of a vital record or a copy of a
vital record except as authorized in this chapter.
(16) All applications and supporting documentation submitted
for the purpose of issuing certified copies of vital records are
confidential and not subject to public disclosure under ORS
192.410 to 192.505. + }
SECTION 37. { + Section 38 of this 2013 Act is added to and
made a part of ORS chapter 432. + }
SECTION 38. { + (1)(a) When the State Registrar of the Center
for Health Statistics receives information that a record may have
been registered, amended or corrected through fraud or
misrepresentation, the state registrar may withhold issuance of
certified copies related to that record pending an inquiry by
appropriate authorities to determine whether fraud or
misrepresentation has occurred.
(b) If the appropriate authorities conclude that no fraud or
misrepresentation occurred, then the state registrar shall issue
certified copies related to the record. If the appropriate
authorities conclude that there is reasonable cause to suspect
fraud or misrepresentation, then the state registrar shall
provide copies of the record and any relevant evidence to the
appropriate authorities for further investigation.
(c) If upon further investigation, the appropriate authorities
conclude that fraud or misrepresentation occurred, the state
registrar shall provide an opportunity to the registrant or the
legal representative of the registrant to respond to the findings
prior to voiding the record.
(d) If the state registrar issues an order voiding a record
under this subsection, the state registrar shall advise the
registrant of the registrant's rights under ORS 183.484.
(e) A record voided under this subsection shall be retained by
the state registrar. However, a record voided under this
subsection is not subject to inspection or copying except upon
receiving an order from a court of competent jurisdiction or by
the state registrar for purposes of administering the system of
vital statistics.
(2)(a) When the state registrar receives information that an
application for a certified copy may have been submitted for
purposes of fraud or misrepresentation, the state registrar may
withhold issuance of the certified copy pending an inquiry by
appropriate authorities to determine whether fraud or
misrepresentation occurred.
(b) If the appropriate authorities conclude that no fraud or
misrepresentation occurred, then the state registrar shall issue
the certified copy. If the appropriate authorities conclude that
there is reasonable cause to suspect fraud or misrepresentation,
then the state registrar shall provide copies of the application
and any relevant evidence to the appropriate authorities for
further investigation. The state registrar shall advise the
applicant of the applicant's rights under ORS 183.484.
(c) An application investigated under this subsection shall be
retained by the state registrar. However, an application
investigated under this subsection is not subject to inspection
Enrolled House Bill 2093 (HB 2093-B) Page 48
or copying except upon receiving an order from a court of
competent jurisdiction or by the state registrar for purposes of
administering the system of vital statistics.
(3) The state registrar shall periodically test and audit the
system of vital statistics for purposes of detecting fraud. If
fraud is detected, the state registrar shall provide copies of
the evidence to the appropriate authorities for further
investigation. The result of such tests and audits shall be
retained by the state registrar. However, the results of such
tests and audits are not subject to inspection or copying except
upon receiving an order from a court of competent jurisdiction or
by the state registrar for purposes of administering the system
of vital statistics. + }
SECTION 39. ORS 432.085 is amended to read:
432.085. The Oregon Health Authority shall adopt, taking into
consideration local service needs and interests, rules to allow a
county registrar to sell, within six months of the date of the
event occurring in the county, certified copies of { - birth
certificates and death certificates - } { + records of live
birth and death + }.
SECTION 40. ORS 432.090 is amended to read:
432.090. (1) { - In addition to the original birth
certificate, - } The State Registrar of the Center for Health
Statistics shall issue upon request and upon payment of a fee in
an amount set by the state registrar a { - birth
certificate - } { + record of live birth + } representing that
the birth of the person named { - thereon - } { + on the
record of live birth + } is recorded in the office of the state
registrar. The { - certificate - } { + record of live
birth + } issued under this section shall be in a form consistent
with the need to protect the integrity of vital records but shall
be suitable for display. It may bear the seal of the state
{ - printed thereon - } and may be signed by the Governor.
{ - It shall have the same status as evidence as the original
birth certificate. - }
(2) Of the funds received under subsection (1) of this section,
the amount needed to reimburse the state registrar for expenses
incurred in administering this section shall be credited to the
Public Health Account. The remainder shall be credited to the
subaccount created pursuant to section 36 (2), chapter 1084,
Oregon Laws 1999, or a successor subaccount, account or fund.
(3) In setting the fee amount under subsection (1) of this
section, the state registrar shall give substantial consideration
to the amount suggested by the holder of the subaccount created
pursuant to section 36 (2), chapter 1084, Oregon Laws 1999, or a
successor subaccount, account or fund.
{ +
FEES + }
SECTION 41. ORS 432.146 is amended to read:
432.146. { + (1) + } Except as provided in ORS 432.090
{ - and 432.312, - } { + and subsection (2) of this section,
and + } subject to the review of the Oregon Department of
Administrative Services, the Oregon Health Authority shall
establish all fees for services { - or records - } provided
under { - ORS 432.005 to 432.165 - } { + this chapter + }.
The fees and charges established under this section shall be
authorized by the Legislative Assembly for the authority's
budget, as the budget may be modified by the Emergency Board.
Enrolled House Bill 2093 (HB 2093-B) Page 49
{ + (2) The State Registrar of the Center for Health
Statistics shall search the system of vital statistics and issue
certified copies or other documents, as appropriate, without
charge if the search or issuance is:
(a) Requested in connection with a pending application for
benefits from the United States Department of Veterans Affairs,
if proof of the application is first submitted; or
(b) In response to an administrative error as determined by the
state registrar.
(3) Fees collected under this section shall be deposited in the
Oregon Health Authority Fund and are continuously appropriated to
the Center for Health Statistics for the purpose of administering
this chapter. + }
SECTION 42. ORS 432.312 is amended to read:
432.312. (1) The Oregon Health Authority shall impose and
collect a filing fee of $20 for each { - certificate - }
{ + report + } of death. Of the fee, $6 shall be deposited to
the credit of the Public Health Account and used to carry out the
purposes of ORS 97.170 (6) and $14 shall be deposited to the
credit of the State Mortuary and Cemetery Board Account and used
in the same manner as funds credited to the account under ORS
692.375.
(2) The expenditures under ORS 97.170 (6) and 692.375 may not
exceed the funds collected under subsection (1) of this section,
and in no event may expenditure on the administration of the
funds exceed five percent of the moneys collected.
{ +
PENALTIES + }
SECTION 43. { + Section 44 of this 2013 Act is added to and
made a part of ORS chapter 432. + }
SECTION 44. { + (1) The Director of the Oregon Health
Authority may impose a civil penalty in an amount not to exceed
$10,000 for each violation described in ORS 432.993. Moneys
received by the authority from civil penalties imposed under this
section shall be deposited in the General Fund and are available
for general governmental expenses.
(2) Civil penalties under this section shall be imposed in the
manner provided in ORS 183.745. + }
SECTION 45. ORS 432.993 is amended to read:
432.993. (1) A person commits the crime of unlawful use of a
vital record or { - vital - } report if the person willfully
and knowingly:
{ - (a) Makes any false statement in a certificate, record or
report required by this chapter or in an application for an
amendment thereof, or in an application for a certified copy of a
vital record or vital report, or supplies false information
intending that the information be used in the preparation of any
certificate, record or report, or amendment thereto; - }
{ - (b) Without lawful authority and with intent to deceive,
makes, counterfeits, alters, amends or mutilates any certificate,
record or report required by this chapter or a certified copy of
a certificate, record or report; - }
{ - (c) Obtains, possesses, uses, sells, furnishes or
attempts to obtain, possess, use, sell or furnish to another, for
any purpose of deception, any certificate, record or report
required by this chapter or certified copy thereof so made,
counterfeited, altered, amended or mutilated, or that is false in
Enrolled House Bill 2093 (HB 2093-B) Page 50
whole or in part or that relates to the birth of another person,
whether living or deceased; - }
{ - (d) Without lawful authority, possesses any certificate,
record or report required by this chapter or a copy or certified
copy of a certificate, record or report that has been stolen or
otherwise unlawfully obtained; or - }
{ - (e) As an employee of the Center for Health Statistics or
of any office established pursuant to ORS 432.035, furnishes or
processes a certificate of birth, knowing that the certificate or
copy is to be used for the purposes of deception. - }
{ + (a) Makes a false statement to the State Registrar of the
Center for Health Statistics in a report or application described
in this chapter;
(b) Without lawful authority and with intent to deceive, makes,
counterfeits, alters, amends or mutilates a record, report,
certified copy, verification or application, or documentation
submitted in support of a record, report, certified copy,
verification or application;
(c) Obtains, possesses, uses, sells or furnishes to another, or
attempts to obtain, possess, use, sell or furnish to another, for
any purpose of deception, a record, report, certified copy,
verification or application, or documentation submitted in
support of a record, report, certified copy, verification or
application;
(d) Without lawful authority, possesses a record, report,
certified copy, verification or application, or documentation
submitted in support of a record, report, certified copy,
verification or application, that has been stolen or otherwise
unlawfully obtained; or
(e) As an employee of the Center for Health Statistics or of an
office designated under ORS 432.035, furnishes or processes a
certified copy of a record of live birth, knowing that the
certified copy is to be used for the purposes of deception. + }
(2) Unlawful use of a vital record or { - vital - } report
is a Class C felony.
SECTION 46. ORS 432.995 is amended to read:
432.995. (1) A person commits the crime of obstructing the
keeping of vital records or { - vital - } reports if the
person knowingly and willfully:
(a) Refuses to provide information required by this chapter or
rules adopted { - thereunder - } { + under this chapter + };
(b) Transports or accepts for transportation, interment or
other disposition a dead body without an accompanying permit as
provided in this chapter; or
(c) Fails to perform in a timely manner any of the provisions
of this chapter.
(2) The provisions of subsection (1)(c) of this section do not
apply to the officers or employees of the courts of this state
acting in an official capacity.
(3) Obstructing the keeping of vital records or { - vital - }
reports is a Class A misdemeanor.
{ +
CONFORMING AMENDMENTS + }
SECTION 47. ORS 3.260 is amended to read:
3.260. (1) The circuit courts and the judges thereof shall
exercise all juvenile court jurisdiction, authority, powers,
functions and duties.
Enrolled House Bill 2093 (HB 2093-B) Page 51
(2) Pursuant to ORS 3.275, in addition to any other
jurisdiction vested in it by law, the circuit court shall
exercise exclusive and original judicial jurisdiction, authority,
powers, functions, and duties in the judicial district in any or
all of the following matters that on the date specified in the
order entered under ORS 3.275 are not within the jurisdiction of
the circuit court:
(a) Adoption.
(b) Change of name under ORS 33.410.
(c) Filiation.
(d) Commitment of persons with mental illness or mental
retardation.
(e) Any suit or civil proceeding involving custody or other
disposition of a child or the support thereof or the support of a
spouse, including enforcement of the Uniform Reciprocal
Enforcement of Support Act and enforcement of out-of-state or
foreign judgments and decrees on domestic relations.
(f) Waivers of the three-day waiting period before a marriage
license becomes effective under ORS 106.077.
(g) Issuance of delayed { + reports of live + }birth
{ - certificate - } .
SECTION 48. ORS 18.618 is amended to read:
18.618. (1)(a) Notwithstanding ORS 18.615, the following are
not garnishable property:
(A) Equitable interests, except to the extent allowed under ORS
chapter 130.
(B) Property in the custody of the law.
(C) Property in the possession of a conservator.
(D) Property in the possession of a personal representative
that constitutes the subject matter of a trust contained in a
duly probated will of a decedent.
(E) If a residential landlord is the garnishee, property in the
possession of a residential landlord that is held as a security
deposit or prepaid rent under ORS 90.300.
(F) The right of a seller under a land sale contract, as
defined by ORS 18.960, to receive payments that are due more than
45 days after the writ of garnishment is delivered.
(G) Amounts in an account in a financial institution that are
not subject to garnishment under ORS 18.784.
(H) An identification document, such as a driver license,
passport, { - birth certificate - } { + certified copy of a
record of live birth + } or Social Security card.
(b) If a garnishee holds any property described in paragraph
(a) of this subsection, the garnishee must note in the garnishee
response required by ORS 18.680 that the garnishee holds the
property, but may not deliver the property to the garnishor.
(2)(a) Notwithstanding ORS 18.615, wages owing by a garnishee
to a debtor for a specific pay period are not garnishable
property if:
(A) The writ is delivered within two business days before the
debtor's normal payday for the pay period;
(B) When the writ is delivered to the garnishee, the debtor's
wages are paid by direct deposit to a financial institution, or
the garnishee uses the Oregon Department of Administrative
Services or an independent contractor as defined in ORS 670.600
as payroll administrator for the garnishee's payroll; and
(C) Before the writ is delivered to the garnishee, the
garnishee issued instructions to the financial institution or the
payroll administrator to pay the debtor for the pay period.
Enrolled House Bill 2093 (HB 2093-B) Page 52
(b) If a garnishee owes any wages as described in paragraph (a)
of this subsection, the garnishee must so note in the garnishee
response required by ORS 18.680.
(3) Notwithstanding any other provision of law, if a voluntary
or involuntary bankruptcy petition has been filed by or on behalf
of the debtor after a writ of garnishment could be issued under
ORS 18.605, the garnishment of any property of the debtor in the
garnishee's possession, control or custody is stayed pursuant to
section 362 of the United States Bankruptcy Code (11 U.S.C. 101
to 1330).
SECTION 49. ORS 18.792 is amended to read:
18.792. (1) Notwithstanding any other provision of ORS 18.600
to 18.850, but subject to the provisions of ORS 18.854, the duty
of a financial institution that is a garnishee to deliver any
property of the debtor that may be contained in a safe deposit
box that is in the garnishee's possession, control or custody at
the time the writ of garnishment is delivered is conditioned upon
the garnishor first paying to the garnishee, in addition to the
search fee provided for in ORS 18.790, all reasonable costs
incurred by the garnishee in gaining entry to the safe deposit
box. The costs must be paid to the garnishee by the garnishor
before access to the safe deposit box is granted. If the
garnishor fails to pay such costs to the garnishee within 20 days
after the delivery of the garnishee response, the garnishment
shall not be effective to garnish any property of the debtor that
may be contained in the safe deposit box and the garnishee may
proceed to deal with the safe deposit box and its contents as
though the writ of garnishment had not been issued. Nothing in
this section limits the right of a garnishor to reach the
contents of any safe deposit box in any manner otherwise provided
by law.
(2) If a sheriff is instructed to seize and sell the contents
of a safe deposit box, and the box is found to contain an
identification document, such as a driver license, passport,
{ - birth certificate - } { + certified copy of a record of
live birth + } or Social Security card, the sheriff shall take
possession of the identification document, but the document may
not be sold to satisfy the debt.
SECTION 50. ORS 18.860 is amended to read:
18.860. (1) A writ of execution may direct a sheriff to:
(a) Levy on and sell real property of the judgment debtor and
deliver the proceeds to the court for application against amounts
owing on a money award.
(b) Levy on and sell personal property of the judgment debtor
in the possession of the judgment debtor, and deliver the
proceeds to the court for application against amounts owing on a
money award.
(c) Levy on and deliver possession of specific real or personal
property pursuant to the terms of the judgment.
(d) Levy on and sell specific real or personal property
pursuant to the terms of the judgment.
(e) Levy on currency that is in the possession of the judgment
debtor and deliver the currency to the court for application
against amounts owing on a money award.
(2) A single writ of execution may be issued for two or more of
the purposes specified in this section.
(3) A single writ of execution may be issued for two or more
judgments as long as the judgments are against the same judgment
debtor or debtors and are entered in the same case.
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(4) An identification document, such as a driver license,
passport, { - birth certificate - } { + certified copy of a
record of live birth + } or Social Security card, is not subject
to execution and a writ of execution may not direct a sheriff to
levy on an identification document except for the purpose of
delivering the document pursuant to the terms of a judgment under
subsection (1)(c) of this section.
SECTION 51. ORS 33.430 is amended to read:
33.430. (1) In the case of a change, by court order, of the
name of the parents of any minor child, if the child's
{ - birth certificate - } { + record of live birth + } is on
file in this state, the State Registrar of the Center for Health
Statistics, upon receipt of a certified copy of the court order
changing the name, together with the information required to
locate the original { - birth certificate of the child - }
{ + record of live birth + }, shall prepare a new { - birth
certificate - } { + record of live birth + } for the child in
the new name of the parents of the child. The name of the parents
as so changed shall be set forth in { - the new certificate - }
{ + a new certified copy of the record of live birth + }, in
place of their original name.
(2) The evidence upon which the new { - certificate - }
{ + record of live birth + } was made, and the original
{ - certificate - } { + record of live birth + }, shall be
sealed and filed by the State Registrar of the Center for Health
Statistics, and may be opened only upon demand of the person
whose name was changed, if of legal age, or by an order of a
court of competent jurisdiction.
(3) When a change of name by parents will affect the name of
their child under subsection (1) of this section, the court, on
its own motion or on request of a child of the parents, may take
testimony from or confer with the child and may exclude from the
conference the parents and other persons if the court finds that
such action would be in the best interests of the child. However,
the court shall permit an attorney for the parents to attend the
conference, and the conference shall be reported. If the court
finds that a change of name would not be in the best interests of
the child, the court may provide in the order changing the name
of the parents that such change of name shall not affect the
child, and a new { - birth certificate - } { + record of live
birth + } shall not be prepared for the child.
SECTION 52. ORS 33.460 is amended to read:
33.460. (1) A court that has jurisdiction to determine an
application for change of name of a person under ORS 33.410 and
33.420 may order a legal change of sex and enter a judgment
indicating the change of sex of a person { - whose sex has been
changed by surgical procedure - } { + if the court determines
that the individual has undergone surgical, hormonal or other
treatment appropriate for that individual for the purpose of
gender transition and that sexual reassignment has been
completed + }.
(2) The court may order a legal change of sex and enter the
judgment in the same manner as that provided for change of name
of a person under ORS 33.410 and 33.420.
(3) If a person applies for a change of name under ORS 33.410
and 33.420 at the time the person applies for a legal change of
sex under this section, the court may order change of name and
legal change of sex at the same time and in the same proceeding.
SECTION 53. ORS 97.943, as amended by section 10, chapter 7,
Oregon Laws 2012, is amended to read:
Enrolled House Bill 2093 (HB 2093-B) Page 54
97.943. (1) A master trustee or a depository may not make any
distributions from prearrangement sales contract trust fund
deposits except as provided in this section.
(2) The principal of a trust created pursuant to a
prearrangement sales contract shall be paid to the certified
provider who sold the contract if the certified provider who sold
the contract swears, by affidavit, that the certified provider
has delivered all merchandise and performed all services required
under the prearrangement sales contract and delivers to the
master trustee or the depository one of the following:
(a) A certified { + copy of a + } death { - certificate - }
{ + record + } of the beneficiary; or
(b) A sworn affidavit signed by the certified provider and by:
(A) One member of the beneficiary's family; or
(B) The executor of the beneficiary's estate.
(3) The principal of a trust created pursuant to a
prearrangement sales contract must be paid to the purchaser if
the original certified provider is no longer qualified to serve
as the certified provider under ORS 97.941 (11).
(4) Upon completion by the certified provider of the actions
described in subsection (2) of this section, the master trustee
or the depository shall pay to the certified provider from the
prearrangement sales contract trust fund an amount equal to the
sales price of the merchandise delivered.
(5) Upon the final payment to the certified provider of the
principal in trust under subsection (2) of this section, the
undistributed earnings of the trust must be paid to:
(a) The certified provider who sold the contract if the
contract is a guaranteed contract; or
(b) The contract purchaser, or the purchaser's estate, if the
contract is a nonguaranteed contract.
(6) The master trustee or the depository may rely upon the
certifications and affidavits made to it under the provisions of
ORS 97.923 to 97.949, 97.992, 97.994 and 692.180, and is not
liable to any person for such reliance.
(7) If a certified provider who sold a prearrangement sales
contract does not comply with the terms of the prearrangement
sales contract within a reasonable time after the certified
provider is required to do so, the purchaser or heirs or assigns
or duly authorized representative of the purchaser or the
beneficiary has the right to a refund in the amount equal to the
sales price paid for undelivered merchandise and unperformed
services plus undistributed earnings amounts held in trust
attributable to such contract, within 30 days of the filing of a
sworn affidavit with the certified provider who sold the contract
and the master trustee or the depository setting forth the
existence of the contract and the fact of breach. A copy of this
affidavit shall be filed with the Director of the Department of
Consumer and Business Services. In the event a certified provider
who has sold a prearrangement sales contract is prevented from
performing by strike, shortage of materials, civil disorder,
natural disaster or any like occurrence beyond the control of the
certified provider, the certified provider's time for performance
is extended by the length of such delay.
(8) Except for an irrevocable contract described in ORS 97.939
(4), at any time prior to the death of the beneficiary of a
prearrangement sales contract, the purchaser of the
prearrangement sales contract may cancel the contract and is
entitled to a refund of all amounts paid on the contract, all
amounts in trust including earnings allocated to the contract
Enrolled House Bill 2093 (HB 2093-B) Page 55
that are in excess of all amounts paid on the contract and
unallocated earnings on trust contract amounts from the date of
the last allocation to the date of the refund request, less any
amounts paid for merchandise already delivered or services
already performed, which amounts may be retained by the certified
provider as compensation.
(9) Notwithstanding ORS 97.941 (4) and subsection (5) of this
section, a master trustee or certified provider may pay
accounting fees, taxes, depository fees, investment manager fees
and master trustee fees from earnings of trust fund deposits. Any
payment of expenses or fees from earnings of a trust fund deposit
under this subsection must not:
(a) Exceed an amount equal to two percent per calendar year of
the value of the trust as determined at least once every six
months as prescribed by the director by rule;
(b) Include the payment of any fee to the certified provider in
consideration for services rendered as certified provider; or
(c) Reduce, diminish or in any other way lessen the value of
the trust fund deposit so that the merchandise or services
provided for under the contract are reduced, diminished or in any
other way lessened.
SECTION 54. ORS 106.100 is amended to read:
106.100. (1) The county clerk who issues the marriage license
shall maintain records relating to marriages licensed in the
county. The records must include the names of the parties, the
consent of the parent or guardian, if any, the name of the
affiant, the substance of the affidavit upon which the license
issued and the date of the license.
(2) Upon return of the completed application, license and
record of marriage under ORS 106.170, the county clerk shall add
the date of the marriage ceremony to the clerk's records
maintained under subsection (1) of this section and file the
completed application, license and record of marriage. Except as
provided in ORS 205.320, the county clerk may not charge a fee
for filing, recording or indexing the application, license and
record of marriage.
(3) The county clerk shall, upon completion of the requirements
of this section and ORS 106.077, deliver the original completed
application, license and { - record - } { + report + } of
marriage to the Center for Health Statistics as required under
ORS 432.405.
(4) Notwithstanding any other provision of law, the record of
marriage maintained by a county clerk is not a vital record as
defined in ORS 432.005 and is a public record open and subject to
full disclosure.
SECTION 55. ORS 107.718 is amended to read:
107.718. (1) When a person files a petition under ORS 107.710,
the circuit court shall hold an ex parte hearing in person or by
telephone on the day the petition is filed or on the following
judicial day. Upon a showing that the petitioner has been the
victim of abuse committed by the respondent within 180 days
preceding the filing of the petition, that there is an imminent
danger of further abuse to the petitioner and that the respondent
represents a credible threat to the physical safety of the
petitioner or the petitioner's child, the court shall, if
requested by the petitioner, order:
(a) Except as provided in subsection (2) of this section, that
temporary custody of the children of the parties be awarded to
the petitioner or, at the request of the petitioner, to the
respondent, subject to reasonable parenting time rights of the
Enrolled House Bill 2093 (HB 2093-B) Page 56
noncustodial parent, which the court shall order, unless such
parenting time is not in the best interest of the child;
(b) That the respondent be required to move from the
petitioner's residence, if in the sole name of the petitioner or
if it is jointly owned or rented by the petitioner and the
respondent, or if the parties are married to each other;
(c) That the respondent be restrained from entering, or
attempting to enter, a reasonable area surrounding the
petitioner's current or subsequent residence if the respondent is
required to move from petitioner's residence;
(d) That a peace officer accompany the party who is leaving or
has left the parties' residence to remove essential personal
effects of the party or the party's children, or both, including
but not limited to clothing, toiletries, diapers, medications,
Social Security cards, { - birth certificates - }
{ + certified copies of records of live birth + },
identification and tools of the trade;
(e) That the respondent be restrained from intimidating,
molesting, interfering with or menacing the petitioner, or
attempting to intimidate, molest, interfere with or menace the
petitioner;
(f) That the respondent be restrained from intimidating,
molesting, interfering with or menacing any children in the
custody of the petitioner, or attempting to intimidate, molest,
interfere with or menace any children in the custody of the
petitioner;
(g) That the respondent be restrained from entering, or
attempting to enter, on any premises and a reasonable area
surrounding the premises when it appears to the court that such
restraint is necessary to prevent the respondent from
intimidating, molesting, interfering with or menacing the
petitioner or children whose custody is awarded to the
petitioner;
(h) Other relief that the court considers necessary to:
(A) Provide for the safety and welfare of the petitioner and
the children in the custody of the petitioner, including but not
limited to emergency monetary assistance from the respondent; and
(B) Prevent the neglect and protect the safety of any service
or therapy animal or any animal kept for personal protection or
companionship, but not an animal kept for any business,
commercial, agricultural or economic purpose; or
(i) Except as described in subsection (12) of this section or
parenting time ordered under this section, that the respondent
have no contact with the petitioner in person, by telephone or by
mail.
(2) If the court determines that exceptional circumstances
exist that affect the custody of a child, the court shall order
the parties to appear and provide additional evidence at a
hearing to determine temporary custody and resolve other
contested issues. Pending the hearing, the court may make any
orders regarding the child's residence and the parties' contact
with the child that the court finds appropriate to provide for
the child's welfare and the safety of the parties. The court
shall set a hearing time and date as provided in ORS 107.716 (2)
and issue a notice of the hearing at the same time the court
issues the restraining order.
(3) The court's order under subsection (1) of this section is
effective for a period of one year or until the order is
withdrawn or amended, or until the order is superseded as
provided in ORS 107.722, whichever is sooner.
Enrolled House Bill 2093 (HB 2093-B) Page 57
(4) If respondent is restrained from entering, or attempting to
enter, an area surrounding petitioner's residence or any other
premises, the order restraining respondent shall specifically
describe the area.
(5) Imminent danger under this section includes but is not
limited to situations in which the respondent has recently
threatened petitioner with additional bodily harm.
(6) If the court awards parenting time to a parent who
committed abuse, the court shall make adequate provision for the
safety of the child and of the petitioner. The order of the court
may include, but is not limited to, the following:
(a) That exchange of a child between parents shall occur at a
protected location.
(b) That parenting time be supervised by another person or
agency.
(c) That the perpetrator of the abuse be required to attend and
complete, to the satisfaction of the court, a program of
intervention for perpetrators or any other counseling program
designated by the court as a condition of the parenting time.
(d) That the perpetrator of the abuse not possess or consume
alcohol or controlled substances during the parenting time and
for 24 hours preceding the parenting time.
(e) That the perpetrator of the abuse pay all or a portion of
the cost of supervised parenting time, and any program designated
by the court as a condition of parenting time.
(f) That no overnight parenting time occur.
(7) The State Court Administrator shall prescribe the content
and form of the petition, order and related forms for use under
ORS 107.700 to 107.735. The clerk of the court shall make
available the forms and an instructional brochure explaining the
rights set forth under ORS 107.700 to 107.735.
(8) If the court orders relief:
(a) The clerk of the court shall provide without charge the
number of certified true copies of the petition and order
necessary to provide the petitioner with one copy and to effect
service and shall have a true copy of the petition and order
delivered to the county sheriff for service upon the respondent,
unless the court finds that further service is unnecessary
because the respondent appeared in person before the court. In
addition and upon request by the petitioner, the clerk shall
provide the petitioner, without charge, two exemplified copies of
the petition and order.
(b) The county sheriff shall serve the respondent personally
unless the petitioner elects to have the respondent served
personally by a private party or by a peace officer who is called
to the scene of a domestic disturbance at which the respondent is
present, and who is able to obtain a copy of the order within a
reasonable amount of time. Proof of service shall be made in
accordance with ORS 107.720. When the order does not contain the
respondent's date of birth and service is effected by the sheriff
or other peace officer, the sheriff or officer shall verify the
respondent's date of birth with the respondent and shall record
that date on the order or proof of service entered into the Law
Enforcement Data System under ORS 107.720.
(c) No filing fee, service fee or hearing fee shall be charged
for proceedings seeking only the relief provided under ORS
107.700 to 107.735.
(9) If the county sheriff:
(a) Determines that the order and petition are incomplete, the
sheriff shall return the order and petition to the clerk of the
Enrolled House Bill 2093 (HB 2093-B) Page 58
court. The clerk of the court shall notify the petitioner, at the
address provided by the petitioner, of the error or omission.
(b) After accepting the order and petition, cannot complete
service within 10 days, the sheriff shall notify the petitioner,
at the address provided by the petitioner, that the documents
have not been served. If the petitioner does not respond within
10 days, the sheriff shall hold the order and petition for future
service and file a return to the clerk of the court showing that
service was not completed.
(10)(a) Within 30 days after a restraining order is served
under this section, the respondent therein may request a court
hearing upon any relief granted. The hearing request form shall
be available from the clerk of the court in the form prescribed
by the State Court Administrator.
(b) If the respondent requests a hearing under paragraph (a) of
this subsection, the clerk of the court shall notify the
petitioner of the date and time of the hearing, and shall supply
the petitioner with a copy of the respondent's request for a
hearing. The petitioner shall give to the clerk of the court
information sufficient to allow such notification.
(c) The hearing shall not be limited to the issues raised in
the respondent's request for hearing form. If the respondent
seeks to raise an issue at the hearing not previously raised in
the request for hearing form, or if the petitioner seeks relief
at the hearing not granted in the original order, the other party
shall be entitled to a reasonable continuance for the purpose of
preparing a response to the issue.
(11) If the respondent fails to request a hearing within 30
days after a restraining order is served, the restraining order
is confirmed by operation of law. The provisions of this section
are sufficient to meet the due process requirements of 18 U.S.C.
922(g) in that the respondent received actual notice of the right
to request a hearing and the opportunity to participate at the
hearing but the respondent failed to exercise those rights.
(12) Service of process or other legal documents upon the
petitioner is not a violation of this section if the petitioner
is served as provided in ORCP 7 or 9.
SECTION 56. ORS 109.094 is amended to read:
109.094. Upon the paternity of a child being established in the
proceedings, the father shall have the same rights as a father
who is or was married to the mother of the child. The clerk of
the court shall certify the fact of paternity to the Center for
Health Statistics of the Oregon Health Authority, and the Center
for Health Statistics shall { - prepare - } { + amend a
record of live birth for the child and issue + } a new
{ - birth certificate - } { + certified copy of the record of
live birth + } for the child.
SECTION 57. ORS 109.460 is amended to read:
109.460. (1) An adult adoptee, each birth parent, a putative
father, an adult genetic sibling of an adoptee, an adoptive
parent of a deceased adoptee and a parent or adult sibling of a
deceased birth parent or parents may register by submitting a
signed affidavit to the appropriate registry. The affidavit shall
contain the information listed in ORS 109.465 and a statement of
the registrant's willingness to be identified to the other
relevant persons who register. The affidavit gives authority to
the registry to release identifying information related to the
registrant to the other relevant persons who register. Each
registration shall be accompanied by the { - birth certificate
Enrolled House Bill 2093 (HB 2093-B) Page 59
of the registrant - } { + registrant's certified copy of the
record of live birth + }.
(2) An adoptee, or the parent or guardian of an adoptee under
18 years of age, may register to have specific identifying
information disclosed to Indian tribes or to governmental
agencies in order to establish the adoptee's eligibility for
tribal membership or for benefits or to a person settling an
estate. The information shall be limited to a true copy of
documents that prove the adoptee's lineage. Information disclosed
in accordance with this subsection shall not be disclosed to the
adoptee or the parent or guardian of the adoptee by the registry
or employee or agency operating a registry nor by the Indian
tribe, governmental agency or person receiving the information.
(3) Except as provided in ORS 109.475 (2), if a birth parent or
an adoptee fails to file an affidavit with the registry for any
reason, including death or disability, identifying information
shall not be disclosed to those relevant persons who do register.
(4) Except as otherwise provided in ORS 109.503, a registry or
employee or the agency operating a registry shall not contact or
in any other way solicit any adoptee or birth parent to register
with the registry.
SECTION 58. ORS 112.582 is amended to read:
112.582. (1) For the purpose of establishing death under the
survivorship rules established under ORS 112.570 to 112.590,
death occurs when an individual has sustained irreversible
cessation of circulatory and respiratory functions, or when there
has been an irreversible cessation of all functions of the entire
brain, including the brain stem. A determination of death must be
made in accordance with accepted medical standards.
(2)(a) For the purpose of establishing death under the
survivorship rules established under ORS 112.570 to 112.590, a
certified or authenticated copy of a death { - certificate - }
{ + record + } purporting to be issued by an official or agency
of the place where the death is alleged to have occurred is prima
facie evidence of the identity of the decedent and of the fact,
place, date and time of death.
(b) A certified or authenticated copy of any record or report
of a governmental agency, domestic or foreign, that an individual
is missing, detained, dead or alive is prima facie evidence of
the status of the person and of the dates, circumstances and
places disclosed by the record or report.
(3) In the absence of prima facie evidence of death under
subsection (2) of this section, the facts surrounding a person's
death may be established by clear and convincing evidence.
Circumstantial evidence may be considered in determining whether
a person has died and the circumstances of the death.
(4) An individual whose death is not otherwise established
under this section but who is absent for a continuous period of
five years is presumed to be dead if the person has made no
contact with another person during the five-year period and the
absence of the person cannot be satisfactorily explained after
diligent search or inquiry. A person presumed dead under this
subsection is presumed to have died at the end of the five-year
period unless it is proved by a preponderance of the evidence
that death occurred at a different time.
(5) In the absence of evidence contradicting a time of death
specified in a document described in subsection (2) of this
section, a document described in subsection (2) of this section
that indicates a time of death 120 hours or more after the time
of death of another person conclusively establishes that the
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person specified in the document survived the other person by at
least 120 hours, without regard to the manner in which the time
of death of the other person is determined.
SECTION 59. ORS 113.145 is amended to read:
113.145. (1) Upon appointment a personal representative shall
deliver or mail to the devisees, heirs and the persons described
in ORS 113.035 (8) and (9) who were required to be named in the
petition for appointment of a personal representative, at the
addresses therein shown, information that shall include:
(a) The title of the court in which the estate proceeding is
pending and the clerk's file number;
(b) The name of the decedent and the place and date of the
death of the decedent;
(c) Whether or not a will of the decedent has been admitted to
probate;
(d) The name and address of the personal representative and the
attorney of the personal representative;
(e) The date of the appointment of the personal representative;
(f) A statement advising the devisee, heir or other interested
person that the rights of the devisee, heir or other interested
person may be affected by the proceeding and that additional
information may be obtained from the records of the court, the
personal representative or the attorney for the personal
representative;
(g) If information under this section is required to be
delivered or mailed to a person described in ORS 113.035 (8), a
statement that the rights of the person in the estate may be
barred unless the person proceeds as provided in ORS 113.075
within four months of the delivery or mailing of the information;
and
(h) If information under this section is required to be
delivered or mailed to a person described in ORS 113.035 (9), a
statement that the rights of the person in the estate may be
barred unless the person proceeds as provided in ORS 112.049
within four months of the delivery or mailing of the information.
(2) If the personal representative is a devisee, heir or other
interested person named in the petition the personal
representative is not required to deliver or mail the information
under this section to the personal representative.
(3) The failure of the personal representative to give
information under this section is a breach of duty to the persons
concerned, but does not affect the validity of appointment,
duties or powers or the exercise of duties or powers.
(4) Within 30 days after the date of appointment a personal
representative shall cause to be filed in the estate proceeding
proof of the delivery or mailing required by this section or a
waiver of notice as provided under ORS 111.225. The proof shall
include a copy of the information delivered or mailed and the
names of the persons to whom it was delivered or mailed.
(5) If before the filing of the final account the personal
representative has actual knowledge that the petition did not
include the name and address of any person described in ORS
113.035 (4), (5), (7), (8) or (9), the personal representative
shall:
(a) Make reasonable efforts under the circumstances to
ascertain each of those names and addresses;
(b) Promptly deliver or mail information as described in
subsection (1) of this section to each of those persons located
after the filing of the petition and before the filing of the
final account; and
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(c) File in the estate proceeding, on or before filing the
final account under ORS 116.083, proof of compliance with this
subsection or a waiver of notice as provided under ORS 111.225.
(6) Within 30 days after the appointment of a personal
representative, the personal representative must mail or deliver
the information specified in subsection (1) of this section and a
copy of the death { - certificate - } { + record + } of the
decedent to the Department of Human Services and the Oregon
Health Authority or as otherwise provided by rule adopted by the
authority.
SECTION 60. ORS 114.525 is amended to read:
114.525. An affidavit filed under ORS 114.515 shall:
(1) State the name, age, domicile, post-office address and
Social Security number of the decedent;
(2) State the date and place of the decedent's death. A
certified copy of the death { - certificate - }
{ + record + } shall be attached to the affidavit;
(3) Describe and state the fair market value of all property in
the estate, including a legal description of any real property;
(4) State that no application or petition for the appointment
of a personal representative has been granted in Oregon;
(5) State whether the decedent died testate or intestate, and
if the decedent died testate, the will shall be attached to the
affidavit;
(6) List the heirs of the decedent and the last address of each
heir as known to the affiant, and state that a copy of the
affidavit showing the date of filing and a copy of the will, if
the decedent died testate, will be delivered to each heir or
mailed to the heir at the last-known address;
(7) If the decedent died testate, list the devisees of the
decedent and the last address of each devisee as known to the
affiant and state that a copy of the will and a copy of the
affidavit showing the date of filing will be delivered to each
devisee or mailed to the devisee at the last-known address;
(8) State the interest in the property described in the
affidavit to which each heir or devisee is entitled and the
interest, if any, that will escheat;
(9) State that reasonable efforts have been made to ascertain
creditors of the estate. List the expenses of and claims against
the estate remaining unpaid or on account of which the affiant or
any other person is entitled to reimbursement from the estate,
including the known or estimated amounts thereof and the names
and addresses of the creditors as known to the affiant, and state
that a copy of the affidavit showing the date of filing will be
delivered to each creditor who has not been paid in full or
mailed to the creditor at the last-known address;
(10) Separately list the name and address of each person known
to the affiant to assert a claim against the estate that the
affiant disputes and the known or estimated amount thereof and
state that a copy of the affidavit showing the date of filing
will be delivered to each such person or mailed to the person at
the last-known address;
(11) State that a copy of the affidavit showing the date of
filing will be mailed or delivered to the Department of Human
Services and the Oregon Health Authority;
(12) State that claims against the estate not listed in the
affidavit or in amounts larger than those listed in the affidavit
may be barred unless:
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(a) A claim is presented to the affiant within four months of
the filing of the affidavit at the address stated in the
affidavit for presentment of claims; or
(b) A personal representative of the estate is appointed within
the time allowed under ORS 114.555; and
(13) If the affidavit lists one or more claims that the affiant
disputes, state that any such claim may be barred unless:
(a) A petition for summary determination is filed within four
months of the filing of the affidavit; or
(b) A personal representative of the estate is appointed within
the time allowed under ORS 114.555.
SECTION 61. ORS 116.253 is amended to read:
116.253. (1) Within 10 years after the death of a decedent
whose estate escheated in whole or in part to the state, or
within eight years after the entry of a judgment or order
escheating property of an estate to the state, a claim may be
made for the property escheated, or the proceeds thereof, by or
on behalf of a person not having actual knowledge of the escheat
or by or on behalf of a person who at the time of the escheat was
unable to prove entitlement to the escheated property.
(2) The claim shall be made by a petition filed with the
Director of the Department of State Lands. The claim is
considered a contested case as provided in ORS 183.310 and there
is the right of judicial review as provided in ORS 183.480. The
petition must include a declaration under penalty of perjury in
the form required by ORCP 1 E and shall state:
(a) The age and place of residence of the claimant by whom or
on whose behalf the petition is filed;
(b) That the claimant lawfully is entitled to the property or
proceeds, briefly describing the property or proceeds;
(c) That at the time the property escheated to the state the
claimant had no knowledge or notice thereof or was unable to
prove entitlement to the escheated property and has subsequently
acquired new evidence of that entitlement;
(d) That the claimant claims the property or proceeds as an
heir or devisee or as the personal representative of the estate
of an heir or devisee, setting forth the relationship, if any, of
the claimant to the decedent who at the time of death was the
owner;
(e) That 10 years have not elapsed since the death of the
decedent, or that eight years have not elapsed since the entry of
the judgment or order escheating the property to the state; and
(f) If the petition is not filed by the claimant, the status of
the petitioner.
(3) If it is determined that the claimant is entitled to the
property or the proceeds thereof, the Director of the Department
of State Lands shall deliver the property to the petitioner,
subject to and charged with any tax on the property and the costs
and expenses of the state in connection therewith.
(4) If the person whose property escheated or reverted to the
state was at any time an inmate of a state institution in Oregon
for persons with mental illness or mental retardation, the
reasonable unpaid cost of the care and maintenance of the person
while a ward of the institution, regardless of when the cost was
incurred, may be deducted from, or, if necessary, be offset in
full against, the amount of the escheated property. The
reasonable unpaid cost of care and maintenance shall be
determined by:
(a) The Department of Human Services for patients of the
Eastern Oregon Training Center; and
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(b) The Oregon Health Authority for patients of the Blue
Mountain Recovery Center and the Oregon State Hospital.
(5) For the purposes of this section, the death of the decedent
is presumed to have occurred on the date shown in the decedent's
{ - death certificate - } { + certified copy of the death
record + } or in any other similar document issued by the
jurisdiction in which the death occurred or issued by an agency
of the federal government.
SECTION 62. ORS 127.815 is amended to read:
127.815. s3.01. Attending physician responsibilities. (1) The
attending physician shall:
(a) Make the initial determination of whether a patient has a
terminal disease, is capable, and has made the request
voluntarily;
(b) Request that the patient demonstrate Oregon residency
pursuant to ORS 127.860;
(c) To ensure that the patient is making an informed decision,
inform the patient of:
(A) His or her medical diagnosis;
(B) His or her prognosis;
(C) The potential risks associated with taking the medication
to be prescribed;
(D) The probable result of taking the medication to be
prescribed; and
(E) The feasible alternatives, including, but not limited to,
comfort care, hospice care and pain control;
(d) Refer the patient to a consulting physician for medical
confirmation of the diagnosis, and for a determination that the
patient is capable and acting voluntarily;
(e) Refer the patient for counseling if appropriate pursuant to
ORS 127.825;
(f) Recommend that the patient notify next of kin;
(g) Counsel the patient about the importance of having another
person present when the patient takes the medication prescribed
pursuant to ORS 127.800 to 127.897 and of not taking the
medication in a public place;
(h) Inform the patient that he or she has an opportunity to
rescind the request at any time and in any manner, and offer the
patient an opportunity to rescind at the end of the
15 { + - + }day waiting period pursuant to ORS 127.840;
(i) Verify, immediately prior to writing the prescription for
medication under ORS 127.800 to 127.897, that the patient is
making an informed decision;
(j) Fulfill the medical record documentation requirements of
ORS 127.855;
(k) Ensure that all appropriate steps are carried out in
accordance with ORS 127.800 to 127.897 prior to writing a
prescription for medication to enable a qualified patient to end
his or her life in a humane and dignified manner; and
(L)(A) Dispense medications directly, including ancillary
medications intended to facilitate the desired effect to minimize
the patient's discomfort, provided the attending physician is
registered as a dispensing physician with the Oregon Medical
Board, has a current Drug Enforcement Administration certificate
and complies with any applicable administrative rule; or
(B) With the patient's written consent:
(i) Contact a pharmacist and inform the pharmacist of the
prescription; and
(ii) Deliver the written prescription personally or by mail to
the pharmacist, who will dispense the medications to either the
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patient, the attending physician or an expressly identified agent
of the patient.
(2) Notwithstanding any other provision of law, the attending
physician may sign the patient's { - death certificate - }
{ + report of death + }.
SECTION 63. ORS 130.370 is amended to read:
130.370. (1) Within three months after a petition is entered in
the register of the court under ORS 130.355, or within such
longer time as the court allows, a trustee must make reasonably
diligent efforts to investigate the financial records and affairs
of the settlor and to take such further actions as are reasonably
necessary to ascertain the identity and address of each person
who has or asserts a claim against the trust estate. The court
shall allow the trustee as much time as requested by the trustee
for the purpose of determining the claims against the trust
estate. The trustee must thereafter cause to be delivered or
mailed a notice containing the information required in subsection
(2) of this section to the Department of Human Services and the
Oregon Health Authority, or as otherwise provided by rule adopted
by the authority, and to each person known by the trustee to have
or to assert a claim against the trust estate. Notice under this
section is not required for any claim that has already been
presented, accepted or paid in full or on account of a claim that
is merely conjectural.
(2) The notice required by this section must include:
(a) The name of the settlor and the last four digits of the
settlor's Social Security number;
(b) The name of the trustee and the address at which claims
must be presented;
(c) A statement that claims against the trust estate that are
not presented to the trustee within 30 days after the date of the
notice may be barred;
(d) The date of the notice, which shall be the date on which
the notice is delivered or mailed; and
(e) A { + certified + } copy of the settlor's death
{ - certificate - } { + record + }.
SECTION 64. ORS 135.060 is amended to read:
135.060. (1) When the defendant is arraigned, the defendant
shall be informed that:
(a) If the name by which the defendant is charged in the
accusatory instrument is not the true name of the defendant the
defendant must then declare the true name; and
(b) If the defendant does not declare the true name as required
by paragraph (a) of this subsection, the defendant is ineligible
for any form of release other than a security release under ORS
135.265.
(2) The defendant or the attorney for the defendant may
acknowledge the true name of the defendant at arraignment and the
acknowledgment may not be used against the defendant at trial on
the underlying charge or any other criminal charge or fugitive
complaint except that:
(a) The use of different names can be used in determining the
defendant's release status if the defendant has used different
names in different proceedings; and
(b) A defendant who intentionally falsifies the defendant's
name under this section or ORS 135.065 while under oath or
affirmation is subject to prosecution under ORS 162.065.
(3) As used in this section and ORS 135.065, 'true name '
means:
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(a) The name on the defendant's { - birth certificate - }
{ + certified copy of the record of live birth + };
(b) The defendant's birth name; or
(c) If the defendant's name has been changed by court order or
by operation of law, the name as changed by court order or
operation of law.
SECTION 65. ORS 135.065 is amended to read:
135.065. (1) If the defendant gives no other name, the court
may proceed against the defendant by the name in the accusatory
instrument. If the defendant is charged by indictment or
information and alleges that another name is the true name of the
defendant, the court shall direct an entry thereof to be made in
its register, and the subsequent proceedings on the accusatory
instrument may be had against the defendant by that name,
referring also to the name by which the defendant is charged.
Before proceeding against the defendant as provided in this
subsection, the court shall attempt to determine the true name of
the defendant. If a { - birth certificate - } { + certified
copy of the record of live birth + } for the defendant was never
{ - created - } { + issued + }, the court shall ask the
defendant, under oath or affirmation, to give the defendant's
true name. The court shall proceed under the name given unless
the court is persuaded by a preponderance of the evidence that
the name is not the defendant's true name.
(2) Upon motion of the defendant, all names, other than the
true name of the defendant, shall be stricken from any accusatory
instrument read or submitted to the jury.
(3)(a) The following may file a motion requesting that a false
name used by a defendant be stricken from an accusatory
instrument, warrant of arrest or judgment and that the
defendant's true name, if known, be substituted:
(A) The district attorney; or
(B) A person whose name is the same as the false name used by
the defendant.
(b) Before the court may grant a motion filed under paragraph
(a)(B) of this subsection, the court must provide the district
attorney with notice of the motion and an opportunity to respond.
(c) If the court grants a motion under this subsection, the
court shall order that the false name be stricken from the
accusatory instrument, warrant of arrest or judgment and that the
defendant's true name be substituted. In addition, the court
shall order that any warrant of arrest of the defendant reflect
that the defendant uses a name other than the defendant's true
name.
SECTION 66. ORS 146.045 is amended to read:
146.045. (1) After consultation with the State Medical Examiner
Advisory Board, the State Medical Examiner shall appoint each
Deputy State Medical Examiner.
(2) The State Medical Examiner shall:
(a) Appoint and discharge each district medical examiner as
provided by ORS 146.065 (2).
(b) Designate those pathologists authorized to perform
autopsies under ORS 146.117 (2).
(c) Approve those laboratories authorized to perform the
analyses required under ORS 146.113 (2).
(3) The State Medical Examiner may:
(a) Assume control of a death investigation in cooperation with
the district attorney.
(b) Order an autopsy in a death requiring investigation.
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(c) Certify the cause and manner of a death requiring
investigation.
(d) Amend a previously completed { - death certificate - }
{ + report + } on a death requiring investigation.
(e) Order a body exhumed in a death requiring investigation.
(f) Designate a Deputy State Medical Examiner as Acting State
Medical Examiner.
(g) After a reasonable and thorough investigation, complete and
file a { - death certificate - } { + report of death + } for
a person whose body is not found.
(4) Distribution of moneys from the State Medical Examiner's
budget for partial reimbursement of each county's autopsy
expenditures shall be made subject to approval of the State
Medical Examiner.
(5) Within 45 days of receipt of information that a person is
missing at sea and presumed dead, the State Medical Examiner
shall determine whether the information is credible and, if so,
complete and file a { - death certificate - } { + report of
death + } for the person presumed dead. If the information is
determined not to be credible, the State Medical Examiner may
continue the death investigation.
SECTION 67. ORS 146.095 is amended to read:
146.095. (1) The district medical examiner and the district
attorney for the county where death occurs, as provided by ORS
146.100 (2), shall be responsible for the investigation of all
deaths requiring investigation.
(2) The medical examiner shall certify the manner and the cause
of all deaths which the medical examiner is required to
investigate. The { - certificate - } { + report + } of death
shall be { - filed - } { + submitted to a county registrar + }
as required by ORS 432.307.
(3) The medical examiner shall make a report of death
investigation to the State Medical Examiner as soon as possible
after being notified of a death requiring investigation.
(4) Within five days after notification of a death requiring
investigation, the medical examiner shall make a written report
of the investigation and file it in the district medical
examiner's office.
(5) The district medical examiner shall supervise the assistant
district medical examiners and deputy medical examiners in
cooperation with the district attorney.
(6) The district medical examiner shall regularly conduct
administrative training programs for the assistant district
medical examiners, deputy medical examiners and law enforcement
agencies.
SECTION 68. ORS 146.121 is amended to read:
146.121. (1) No person shall bury or otherwise dispose of the
body of a person whose death required investigation, without
having first obtained a burial or cremation permit, or a
{ - death certificate - } { + report of death + } completed
and signed by a medical examiner.
(2) When a medical examiner investigates the death of a person
whose body is not claimed by a friend or relative within five
days of the date of death, the sheriff or, in counties having a
population of 400,000 or more, the medical examiner shall dispose
of the body according to the provisions of ORS 97.170 to 97.210.
(3) If the medical examiner is unable to dispose of the body of
a deceased person according to subsection (2) of this section,
the medical examiner may order in writing that the body be either
cremated or plainly and decently buried.
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(4) The sheriff or medical examiner shall file a copy of the
{ - death certificate - } { + report of death + }, the order
for disposition and a verified statement of the expenses of the
cremation or burial with the board of county commissioners. The
board of county commissioners shall pay such expenses, or any
proportion thereof as may be available, from county funds
annually budgeted for this purpose.
SECTION 69. ORS 176.740 is amended to read:
176.740. (1) The Governor may proclaim that a natural disaster
or an act of war, terrorism or sabotage has caused the death of
unknown persons on a specific date at a specific place.
(2) For the purposes of any civil or administrative proceeding,
there is a presumption that a missing person is dead if it is
shown that:
(a) The person was at or near the place described in a
proclamation under this section on the date specified in the
proclamation; and
(b) The person's absence cannot be satisfactorily explained
after diligent search.
(3) In administering the estate of an absentee under ORS
chapter 117, the court may enter an order directing the State
Medical Examiner to { - deposit a death certificate with - }
{ + submit a report of death to + } the county registrar for a
decedent presumed to be dead under this section. The county
registrar may not charge a fee for { - depositing a death
certificate - } { + receiving a report + } under this
subsection or for issuing a copy of a { - death certificate
deposited - } { + report submitted + } under this subsection.
The State Medical Examiner shall indicate on the { - death
certificate - } { + report of death + } that the { - death
certificate was issued - } { + report of death was
submitted + } pursuant to an order entered under this section.
(4) This section does not establish, limit or abrogate the
special peril doctrine.
SECTION 70. ORS 180.320 is amended to read:
180.320. (1) All state agencies, district attorneys and all
police officers of the state, county or any municipality,
university or court thereof, shall cooperate with the Division of
Child Support of the Department of Justice in furnishing and
making available information, records and documents necessary to
assist in establishing or enforcing support obligations or
paternity, in performing the duties set out in ORS 25.080 and in
determining the location of any absent parent or child for the
purpose of enforcing any state or federal law regarding the
unlawful taking or restraint of a child or for the purpose of
making or enforcing a child custody determination.
Notwithstanding the provisions of ORS { - 109.225, 416.430,
432.121, 432.230 and 432.430 - } { + 109.225 or 416.430 or ORS
chapter 432 + }, records pertaining to the paternity of a child
shall be made available upon written request of an authorized
representative of the Division of Child Support. Any information
obtained pursuant to this subsection is confidential, and shall
be used only for the purposes set out in this subsection.
(2) Information furnished to the Division of Child Support by
the Department of Revenue and made confidential by ORS 314.835
shall be used by the division and its employees solely for the
purpose of enforcing the provisions of ORS 180.320 to 180.365 and
shall not be disclosed or made known for any other purpose. Any
person who violates the prohibition against disclosure contained
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in this subsection, upon conviction, is punishable as provided in
ORS 314.991 (2).
SECTION 71. ORS 205.130 is amended to read:
205.130. The county clerk shall:
(1) Have the custody of, and safely keep and preserve all files
and records of deeds and mortgages of real property, and a record
of all maps, plats, contracts, powers of attorney and other
interests affecting the title to real property required or
permitted by law to be recorded.
(2) Record, or cause to be recorded, in a legible and permanent
manner, and keep in the office of the county clerk, all:
(a) Deeds and mortgages of real property, powers of attorney
and contracts affecting the title to real property, authorized by
law to be recorded, assignments thereof and of any interest
therein when properly acknowledged or proved and other interests
affecting the title to real property required or permitted by law
to be recorded;
(b) Certificates of sale of real property under execution or
order of court, or assignments thereof or of any interest therein
when properly acknowledged or proved;
(c) Certified copies of death { - certificates - }
{ + records + } of any person appearing in the county records as
owning or having a claim or interest in land in the county. A
{ + certified copy of a + } death
{ - certificate - } { + record + } recorded in the deed
records of a county under this subsection is a public record and
is not subject to the disclosure limitations under ORS 432.121;
(d) Instruments presented for recording by the United States or
the State of Oregon, or a political subdivision of either, that
affect title to or an interest in real property or that lawfully
concern real property;
(e) Instruments recognized under state law or rule or federal
law or regulation as affecting title to or an interest in real
property if the instrument is properly acknowledged or proved;
and
(f) Orders from a county forestland-urban interface
classification committee filed under ORS 477.052.
(3) Keep and maintain:
(a) Deed and mortgage records;
(b) Statutory lien records;
(c) A record called the County Clerk Lien Record in which the
following shall be recorded:
(A) The warrants and orders of officers and agencies that are
required or permitted by law to be recorded; and
(B) All instruments presented for recordation when required or
permitted by law to be recorded that affect the title to or an
interest in real property, other than instruments recorded in the
deed and mortgage records or the statutory lien records;
(d) Releases, satisfactions, assignments, amendments and
modifications of recorded instruments; and
(e) Other instruments required or permitted by law to be
recorded not affecting interests in real property.
(4) Perform all the duties in regard to the recording and
indexing of deeds and mortgages of real property, contracts,
abstracts of judgments, notices of pendency, powers of attorney
and other interests when required or permitted by law to be
recorded that affect the title of real property, and in regard to
the entry of satisfaction and discharge of the same, together
with other documents required or permitted by law to be recorded.
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(5) Incur no civil or criminal liability, either personally or
in an official capacity, for recording an instrument that does
not comply with the provisions of law that require or allow the
recording of the instrument.
SECTION 72. ORS 247.570 is amended to read:
247.570. (1) Not later than five business days after receiving
a { - certificate - } { + report + } of death under ORS
432.307, a county registrar designated under ORS 432.035 shall
furnish to the county clerk of that county the name, age, date of
birth and residence address of the person for whom the registrar
has received the { - certificate - } { + report + } of death.
If the person was registered to vote in the county, the county
clerk immediately shall cancel the registration of the person.
(2) Not later than five business days after receiving
information from the county registrar under subsection (1) of
this section, the county clerk shall furnish the information to
the Secretary of State. The Secretary of State shall furnish a
copy of the appropriate names received under this subsection to
each county clerk. Each county clerk immediately shall cancel the
registrations of those persons.
(3) The Oregon Health Authority, during the last week of each
month, shall furnish to the Secretary of State a list of the
name, age, date of birth, county of residence and residence
address of each resident of this state who has died during the
preceding month and for whom a { - certificate - }
{ + report + } of death was not { - filed with - }
{ + submitted to + } a county registrar. The Secretary of State
shall furnish a copy of the appropriate names to each county
clerk. Each county clerk immediately shall cancel registrations
of those persons.
SECTION 73. ORS 416.430 is amended to read:
416.430. (1) The administrator may establish paternity of a
child in the course of a support proceeding under ORS 416.400 to
416.465 when both parents sign statements that paternity has not
been legally established and that the male parent is the father
of the child. The administrator may enter an order which
establishes paternity.
(2) If the parent fails to file a response denying paternity
and requesting a hearing within the time period allowed in ORS
416.415 (2), then the administrator, without further notice to
the parent, may enter an order, in accordance with ORS 416.415
(7), which declares and establishes the parent as the legal
father of the child.
(3) Any order entered pursuant to subsection (1) or (2) of this
section establishes legal paternity for all purposes. The Center
for Health Statistics of the Oregon Health Authority shall
{ - prepare - } { + amend the record of live birth for the
child and issue + } a new { - birth certificate - }
{ + certified copy of the record of live birth + } in the new
name, if any, of the child. The original { - birth
certificate - } { + record of live birth + } shall be sealed
and filed and may be opened only upon order of a court of
competent jurisdiction.
(4)(a) If paternity is alleged under ORS 416.415 (3) and a
written response denying paternity and requesting a hearing is
received within the time period allowed in ORS 416.415 (2), or if
the administrator determines that there is a valid issue with
respect to paternity of the child, the administrator, subject to
the provisions of subsections (5) and (6) of this section, shall
certify the matter to the circuit court for a determination based
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upon the contents of the file and any evidence which may be
produced at trial. The proceedings in court shall for all
purposes be deemed suits in equity. The provisions of ORS 109.145
to 109.230 apply to proceedings certified to court by the
administrator pursuant to this section.
(b) Any response denying paternity and requesting a hearing
shall be sent by the enforcement office to the obligee by regular
mail.
(5) An action to establish paternity initiated under ORS
416.400 to 416.465 shall not be certified to court for trial
unless all of the following have occurred:
(a) Blood tests have been conducted;
(b) The results of the blood tests have been served upon the
parties and notice has been given that an order establishing
paternity will be entered unless a written objection is received
within 30 days; and
(c) A written objection to the entry of an order has been
timely received from a party.
(6) Notwithstanding the provisions of subsection (5) of this
section, the administrator:
(a) Shall certify the matter to court:
(A) Within 30 days of receipt by the administrator of a timely
written objection to the entry of an order by a party under
subsection (5)(c) of this section;
(B) When a party requests certification in writing after the
administrator has received a party's written denial of paternity
if at least 120 days have elapsed from receipt of the denial; or
(C) Upon receipt of blood test results with a cumulative
paternity index of less than 99; and
(b) May certify the matter to court at any time under any other
circumstances.
(7) If the blood tests conducted under ORS 109.250 to 109.262
result in a cumulative paternity index of 99 or greater, evidence
of the tests, together with the testimony of the parent, shall be
a sufficient basis upon which to establish paternity and the
administrator may enter an order declaring the alleged father as
the legal father of the child unless a party objects in writing
to the entry of the order. The testimony of the parent may be
presented by affidavit.
(8) Prior to certification to court, the administrator may
attempt to resolve the issue of paternity by discovery conducted
under the Oregon Rules of Civil Procedure. Unless otherwise
specifically provided by statute, the proceedings shall be
conducted under the Oregon Rules of Civil Procedure.
(9) When, in accordance with subsection (6)(a)(A) of this
section, a party objects to the entry of an order and the blood
tests conducted under ORS 109.250 to 109.262 result in a
cumulative paternity index of 99 or greater, notwithstanding the
party's objection, evidence of the tests, together with the
testimony of a parent, is a sufficient basis upon which to
presume paternity for purposes of establishing temporary support
under this section. The court shall, upon motion of any party,
enter a temporary order requiring the alleged father to provide
support pending the determination of parentage by the court. In
determining the amount of support, the court shall use the
formula established under ORS 25.275.
SECTION 74. ORS 417.825 is amended to read:
417.825. (1) In addition to any other fees provided by law, the
appropriate agency:
Enrolled House Bill 2093 (HB 2093-B) Page 71
(a) When { - birth certificates - } { + records of live
birth + } are registered with the state, shall pay a $1 fee on
each { - birth certificate - } { + record of live birth + }
registered with the agency.
(b) That issues { - birth certificates - } { + certified
copies of records of live birth + } for the state or a county,
shall collect a $1 fee on each { - birth certificate - }
{ + certified copy of a record of live birth + } issued by the
agency.
(2) The agencies paying or collecting the fees described in
subsection (1) of this section shall transfer moneys from the
fees imposed by this section to the State Treasurer for deposit
in the Department of Human Services Account established under ORS
409.060. The moneys deposited under this section are appropriated
continuously to the Department of Human Services for use by the
Office of Children's Advocate for the administration of ORS
417.805, 417.810 and 417.815.
SECTION 75. ORS 419B.845 is amended to read:
419B.845. (1)(a) When a petition has been filed alleging that
the child has been physically or sexually abused, the court may
enter an order restraining the alleged perpetrator of the abuse
from having contact with the child or attempting to contact the
child and requiring the alleged perpetrator to move from the
household in which the child resides. The court may issue a
restraining order only if the court finds that:
(A) There is probable cause to believe the abuse occurred and
that the person to be restrained committed the abuse; and
(B) The order is in the best interest of the child.
(b) Upon finding that to do so would aid in protecting the
victim of the alleged abuse, the court may enter, in addition to
a restraining order described in paragraph (a) of this
subsection, other appropriate orders including, but not limited
to, orders that control contact between the alleged abuser and
other children in the household.
(c) The court shall include in an order entered under this
subsection the following information about the person to be
restrained:
(A) Name;
(B) Address;
(C) Age and birth date;
(D) Race;
(E) Sex;
(F) Height and weight; and
(G) Color of hair and eyes.
(d) The court may include in the order a provision that a peace
officer accompany the restrained person to the household when it
is necessary for the person to remove the person's essential
personal effects including, but not limited to, clothing,
toiletries, medications, Social Security cards, { - birth
certificates - } { + certified copies of records of live
birth + }, identification and tools of the trade. The restrained
person is entitled to remove the person's essential personal
effects under this paragraph on one occasion only and is required
to be accompanied by a peace officer. The restrained person and
the peace officer shall remain for no longer than 20 minutes and
the peace officer may temporarily interrupt the removal of
essential personal effects at any time. Nothing in this paragraph
affects a peace officer's duty to arrest under ORS 133.055 and
133.310. A peace officer who accompanies a restrained person
under this paragraph has immunity from any liability, civil or
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criminal, for any actions the person commits during the removal
of the person's essential personal effects.
(2) If the court enters an order under this section:
(a) The clerk of the court shall provide without charge the
number of certified copies of the petition and order necessary to
effect service and shall have a copy of the petition and order
delivered to the sheriff or other person qualified to serve the
order for service upon the person to be restrained; and
(b) The sheriff or other person qualified to serve the order
shall serve the person to be restrained personally unless that
person is present at the hearing. After accepting the order, if
the sheriff or other person cannot complete service within 10
days, the sheriff or other person shall hold the order for future
service and file a return to the clerk of the court showing that
service was not completed.
(3) Within 30 days after an order is served under this section,
the restrained person may file a written request with the court
and receive a court hearing on any portion of the order. If the
restrained person requests a hearing under this subsection:
(a) The clerk of the court shall notify the parties and, if the
restrained person is not a party, the restrained person of the
date and time of the hearing; and
(b) The court shall hold the hearing within 21 days after the
request and may cancel or modify the order.
(4) Upon receipt of a copy of the order and notice of
completion of any required service by a member of a law
enforcement agency, the sheriff shall immediately enter the order
into the Law Enforcement Data System maintained by the Department
of State Police. If the order was served on the person to be
restrained by a person other than a member of a law enforcement
agency, the county sheriff shall enter the order into the Law
Enforcement Data System upon receipt of a true copy of the
affidavit of proof of service. Entry into the Law Enforcement
Data System constitutes notice to all law enforcement agencies of
the existence of the order. Law enforcement agencies shall
establish procedures adequate to ensure that an officer at the
scene of an alleged violation of the order may be informed of the
existence and terms of the order. The order is fully enforceable
in any county in this state.
(5) A restraining order issued pursuant to this section remains
in effect for a period of one year or until the order is
modified, amended or terminated by court order.
(6) A court that issued a restraining order under this section
may renew the order for a period of up to one year if the court
finds that there is probable cause to believe the renewal is in
the best interest of the child. The court may renew the order on
motion alleging facts supporting the required finding. If the
renewal order is granted, subsections (2) and (3) of this section
apply.
(7) If a restraining order issued pursuant to this section is
terminated before its expiration date, the clerk of the court
shall immediately deliver a copy of the termination order to the
sheriff. The sheriff shall promptly remove the original order
from the Law Enforcement Data System.
(8) Pending a contempt hearing for alleged violation of a
restraining order issued under this section, a person arrested
and taken into custody pursuant to ORS 133.310 may be released as
provided in ORS 135.230 to 135.290. Unless the order provides
otherwise, the security amount for release shall be $5,000.
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(9) When a restraining order entered under this section
prohibits the restrained person from contacting the protected
person in writing, the restrained person does not violate the
restraining order by serving on the protected person a copy of a
notice of appeal of the restraining order or any other document
required by law to be served on the adverse party to an appeal
if:
(a) Neither the restrained person nor the protected person is
represented by counsel;
(b) The restrained person serves the document by mail; and
(c) The contents of the document are not intended to harass or
intimidate the protected person.
SECTION 76. ORS 677.518 is amended to read:
677.518. A physician assistant, practicing under the
supervision of a supervising physician or a supervising physician
organization, is authorized to complete and sign { + reports
of + } death
{ - certificates - } . { + Reports of + } death
{ - certificates - } signed by a physician assistant shall be
accepted as fulfilling all of the laws dealing with { + reports
of + } death { - certificates - } . A physician assistant who
{ - signs a death certificate - } { + prepares a report of
death + } must comply with all provisions of ORS 432.307.
SECTION 77. ORS 678.375 is amended to read:
678.375. (1) The Oregon State Board of Nursing is authorized to
issue certificates of special competency to licensed registered
nurses to practice as nurse practitioners if they meet the
requirements of the board pursuant to ORS 678.380.
(2) No person shall practice as a nurse practitioner or hold
oneself out to the public or to an employer, or use the initials,
name, title, designation or abbreviation as a nurse practitioner
until and unless such person is certified by the board.
(3) A registered nurse, certified as a nurse practitioner, is
authorized to complete and sign { + reports of + } death
{ - certificates - } . { + Reports of + } death
{ - certificates - } signed by a certified nurse practitioner
shall be accepted as fulfilling all the requirements of the laws
dealing with { + reports of + } death { - certificates - } . A
certified nurse practitioner who { - signs a death
certificate - } { + prepares a report of death + } must comply
with all provisions of ORS 432.307.
(4) A registered nurse, certified as a nurse practitioner, is
authorized to prescribe drugs for the use of and administration
to other persons if approval has been given under ORS 678.390.
The drugs which the nurse practitioner is authorized to prescribe
shall be included within the certified nurse practitioner's scope
of practice as defined by rules of the board.
(5) A licensed pharmacist may fill and a licensed pharmacist or
an employee of the licensed pharmacist may dispense medications
prescribed by a nurse practitioner in accordance with the terms
of the prescription. The filling of such a prescription does not
constitute evidence of negligence on the part of the pharmacist
if the prescription was dispensed within the reasonable and
prudent practice of pharmacy.
(6) As used in this section:
(a) 'Drug' means:
(A) Articles recognized as drugs in the official United States
Pharmacopoeia, official National Formulary, official Homeopathic
Pharmacopoeia, other drug compendium or any supplement to any of
them;
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(B) Articles intended for use in the diagnosis, cure,
mitigation, treatment or prevention of disease in human beings;
(C) Articles other than food that are intended to affect the
structure or any function of the body of human beings; and
(D) Articles intended for use as a component of any articles
specified in subparagraph (A), (B) or (C) of this paragraph.
(b) 'Prescribe' means to direct, order or designate the
preparation, use of or manner of using by spoken or written words
or other means.
SECTION 78. ORS 684.030 is amended to read:
684.030. Chiropractic physicians shall observe and be subject
to all state and municipal regulations relating to the control of
contagious and infectious diseases, sign { - birth and death
certificates - } { + reports of live birth and death + }, and
report all matters pertaining to public health to the proper
health officers the same as other practitioners.
SECTION 79. ORS 685.050 is amended to read:
685.050. Licensees under this chapter are authorized to sign
{ - birth and death certificates. Such certificates so signed
shall be accepted as fulfilling all the requirements of the laws
dealing with such certificates - } { + reports of live birth
and death. Reports signed under this section shall be accepted as
fulfilling all the requirements of the laws of this state dealing
with such reports + }.
SECTION 80. ORS 692.270 is amended to read:
692.270. (1) The State Mortuary and Cemetery Board shall issue
a certificate of removal registration to a funeral establishment
licensed in another state contiguous to Oregon with laws
substantially similar to the provisions of this section for the
limited purpose of removing dead human bodies from Oregon, prior
to submitting a { - certificate - } { + report + } of death,
if the establishment that will make the removals applies to the
board for a certificate of removal registration on a form
provided by the board. The application fee established under ORS
692.160 shall accompany the application. A certificate issued
under this subsection expires upon a change of ownership of the
funeral establishment.
(2) For purposes of this section, each branch of a registrant's
funeral establishment is a separate establishment and must be
registered as a fixed place of business.
(3) Notwithstanding ORS 692.025 (1) and 692.045, a funeral
service practitioner who files { + reports of + }death
{ - certificates - } in another state may file an Oregon
{ - certificate - } { + report + } of death if the funeral
service practitioner is employed by a licensed funeral
establishment registered with the board under this section.
(4) The conduct of a funeral service practitioner or any other
person employed by or acting on behalf of a removal registrant
shall be the direct responsibility of the holder of a certificate
of removal registration.
(5) For any of the causes described in ORS 692.180, or for
violation of any death care rule or law in another state, the
board may impose upon the holder of a certificate of removal
registration or applicant any of the sanctions described in ORS
692.180.
SECTION 81. ORS 692.405 is amended to read:
692.405. The funeral service practitioner or person acting as
such shall be responsible for causing to be affixed to each
receptacle, as defined by rule of the State Mortuary and Cemetery
Board, in which a dead human body is contained an identifying
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metal disc, of a design to be approved by rule of the State
Mortuary and Cemetery Board, that shall remain attached to the
receptacle in which the body is contained and shall bear a
corresponding number that is also { - on both the death
certificate - } { + in the report of death + } and the final
disposition permit. In the event of cremation, the disc shall
stay with the cremated remains.
SECTION 82. ORS 708A.655 is amended to read:
708A.655. (1) This section applies to the safe deposit box of
any person who is the sole lessee or last surviving lessee of the
box and who has died.
(2) Subject to ORS 114.537, upon being furnished with a
certified copy of the decedent's death { - certificate - }
{ + record + } or other evidence of death satisfactory to the
Oregon operating institution, the Oregon operating institution
within which the box is located shall cause or permit the box to
be opened and the contents of the box examined at the request of
an individual who furnishes an affidavit stating:
(a) That the individual believes the box may contain the will
of the decedent, a trust instrument creating a trust of which the
decedent was a trustor or a trustee at the time of the decedent's
death, documents pertaining to the disposition of the remains of
the decedent, documents pertaining to property of the estate of
the decedent or property of the estate of the decedent; and
(b) That the individual is an interested person and wishes to
open the box to conduct a will search or trust instrument search,
obtain documents relating to the disposition of the decedent's
remains, inventory the contents of the box or remove property of
the estate of the decedent pursuant to a small estate affidavit
filed under ORS 114.515.
(3) For the purpose of this section, 'interested person ' means
any of the following:
(a) A person named as personal representative of the decedent
in a purported will of the decedent;
(b) The surviving spouse or any heir of the decedent;
(c) A person who was serving as the court-appointed guardian or
conservator of the decedent or as trustee for the decedent
immediately prior to the decedent's death;
(d) A person named as successor trustee in a purported trust
instrument creating a trust of which the decedent was a trustor
or a trustee at the time of the decedent's death;
(e) A person designated by the decedent in a writing that is
acceptable to the Oregon operating institution and is filed with
it prior to the decedent's death;
(f) A person who immediately prior to the death of the decedent
had the right of access to the box as an agent of the decedent
under a durable power of attorney;
(g) If there are no heirs of the decedent, an estate
administrator of the Department of State Lands appointed under
ORS 113.235; or
(h) A person who is authorized to file an affidavit under ORS
114.515.
(4) If the box is opened for the purpose of conducting a will
search, the Oregon operating institution shall remove any
document that appears to be a will, make a true and correct copy
of it and deliver the original will to a person designated in the
will to serve as the decedent's personal representative, or if no
such person is designated or the Oregon operating institution
cannot, despite reasonable efforts, determine the whereabouts of
such person, the Oregon operating institution shall retain the
Enrolled House Bill 2093 (HB 2093-B) Page 76
will or deliver it to a court having jurisdiction of the estate
of the decedent. A copy of the will shall be retained in the box.
At the request of the interested person, a copy of the will,
together with copies of any documents pertaining to the
disposition of the remains of the decedent, may be given to the
interested person.
(5) If the box is opened for the purpose of conducting a trust
instrument search, the Oregon operating institution shall remove
any document that appears to be a trust instrument creating a
trust of which the decedent was a trustor or trustee at the time
of the decedent's death, make a true and correct copy of it and
deliver the original trust instrument to a person designated in
the trust instrument to serve as the successor trustee on the
death of the decedent. If no such person is designated or the
Oregon operating institution cannot, despite reasonable efforts,
determine the whereabouts of such person, the Oregon operating
institution shall retain the trust instrument. A copy of the
trust instrument shall be retained in the box. At the request of
any interested person, a copy of the trust instrument may be
given to the interested person.
(6) If the box is opened for the purpose of obtaining documents
pertaining to the disposition of the decedent's remains, the
Oregon operating institution shall comply with subsection (4) or
(5) of this section with respect to any will or trust instrument
of the decedent found in the box, and may in its discretion
either:
(a) Make and retain in the box a copy of any documents
pertaining to the disposition of the remains of the decedent and
tender the original documents to the interested person; or
(b) Provide a copy of any documents pertaining to the
disposition of the remains of the decedent to the interested
person and retain the original documents in the box.
(7) If the box is opened for the purpose of making an inventory
of its contents, the Oregon operating institution shall comply
with subsection (4) or (5) of this section with respect to any
will or trust instrument of the decedent that is found in the
box, and shall cause the inventory to be made. The inventory must
be attested to by a representative of the Oregon operating
institution and may be attested to by the interested person, if
the interested person is present when the inventory is made. The
Oregon operating institution shall retain the original inventory
in the box, and shall furnish a copy of the inventory to the
interested person upon request.
(8) If the interested person is an affiant of a small estate
affidavit filed under ORS 114.515 and delivers a certified copy
of the affidavit in the manner provided by ORS 114.535, the
Oregon operating institution shall provide to the affiant access
to the decedent's property. The Oregon operating institution
shall comply with subsection (4) or (5) of this section if a will
or trust instrument of the decedent is found in the box. Subject
to ORS 114.537, the Oregon operating institution shall allow the
affiant to take possession of the personal property in the box.
(9) The Oregon operating institution may presume the truth of
any statement contained in the affidavit required to be furnished
under this section or ORS 114.535, and when acting in reliance
upon such an affidavit, the Oregon operating institution is
discharged as if it had dealt with the personal representative of
the decedent. The Oregon operating institution is not responsible
for the adequacy of the description of any property included in
an inventory of the contents of a box, or for the conversion of
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the property in connection with actions performed under this
section, except for conversion by intentional acts of the Oregon
operating institution or its employees, directors, officers or
agents. If the Oregon operating institution is not satisfied that
the requirements of this section have been satisfied, the Oregon
operating institution may decline to open the box.
(10) If the interested person or affiant does not furnish the
key needed to open the box, and the Oregon operating institution
must incur expense in gaining entry to the box, the Oregon
operating institution may require that the interested person or
affiant pay the expense of opening the box.
(11) Any examination of the contents of a box under this
section shall be conducted in the presence of at least one
employee of the Oregon operating institution.
SECTION 83. ORS 723.844 is amended to read:
723.844. (1) This section applies to the safe deposit box of
any person who is the sole lessee or last surviving lessee of the
box and who has died.
(2) Subject to ORS 114.537, upon being furnished with a
certified copy of the decedent's death { - certificate - }
{ + record + } or other evidence of death satisfactory to the
credit union, the credit union within which the box is located
shall cause or permit the box to be opened and the contents of
the box examined at the request of an individual who furnishes an
affidavit stating:
(a) That the individual believes the box may contain the will
of the decedent, a trust instrument creating a trust of which the
decedent was a trustor or a trustee at the time of the decedent's
death, documents pertaining to the disposition of the remains of
the decedent, documents pertaining to property of the estate of
the decedent or property of the estate of the decedent; and
(b) That the individual is an interested person and wishes to
open the box to conduct a will search or trust instrument search,
obtain documents relating to the disposition of the decedent's
remains or inventory the contents of the box or remove property
of the estate of the decedent pursuant to a small estate
affidavit filed under ORS 114.515.
(3) For the purpose of this section, 'interested person ' means
any of the following:
(a) A person named as personal representative of the decedent
in a purported will of the decedent;
(b) The surviving spouse or any heir of the decedent;
(c) A person who was serving as the court-appointed guardian or
conservator of the decedent or as trustee for the decedent
immediately prior to the decedent's death;
(d) A person named as successor trustee in a purported trust
instrument creating a trust of which the decedent was a trustor
or a trustee at the time of the decedent's death;
(e) A person designated by the decedent in a writing that is
acceptable to the credit union and is filed with it prior to the
decedent's death;
(f) A person who immediately prior to the death of the decedent
had the right of access to the box as an agent of the decedent
under a durable power of attorney;
(g) If there are no heirs of the decedent, an estate
administrator of the Department of State Lands appointed under
ORS 113.235; or
(h) A person who is authorized to file an affidavit under ORS
114.515.
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(4) If the box is opened for the purpose of conducting a will
search, the credit union shall remove any document that appears
to be a will, make a true and correct copy of it and deliver the
original will to a person designated in the will to serve as the
decedent's personal representative, or if no such person is
designated or the credit union cannot, despite reasonable
efforts, determine the whereabouts of such person, the credit
union shall retain the will or deliver it to a court having
jurisdiction of the estate of the decedent. A copy of the will
shall be retained in the box. At the request of the interested
person, a copy of the will, together with copies of any documents
pertaining to the disposition of the remains of the decedent, may
be given to the interested person.
(5) If the box is opened for the purpose of conducting a trust
instrument search, the credit union shall remove any document
that appears to be a trust instrument creating a trust of which
the decedent was a trustor or trustee at the time of the
decedent's death, make a true and correct copy of it and deliver
the original trust instrument to a person designated in the trust
instrument to serve as the successor trustee on the death of the
decedent. If no such person is designated or the credit union
cannot, despite reasonable efforts, determine the whereabouts of
such person, the credit union shall retain the trust instrument.
A copy of the trust instrument shall be retained in the box. At
the request of any interested person, a copy of the trust
instrument may be given to the interested person.
(6) If the box is opened for the purpose of obtaining documents
pertaining to the disposition of the decedent's remains, the
credit union shall comply with subsection (4) or (5) of this
section with respect to any will or trust instrument of the
decedent found in the box, and may in its discretion either:
(a) Make and retain in the box a copy of any documents
pertaining to the disposition of the remains of the decedent and
tender the original documents to the interested person; or
(b) Provide a copy of any documents pertaining to the
disposition of the remains of the decedent to the interested
person and retain the original documents in the box.
(7) If the box is opened for the purpose of making an inventory
of its contents, the credit union shall comply with subsection
(4) or (5) of this section with respect to any will or trust
instrument of the decedent that is found in the box, and shall
cause the inventory to be made. The inventory must be attested to
by a representative of the credit union and may be attested to by
the interested person, if the interested person is present when
the inventory is made. The credit union shall retain the original
inventory in the box, and shall furnish a copy of the inventory
to the interested person upon request.
(8) If the interested person is an affiant of a small estate
affidavit filed under ORS 114.515 and delivers a certified copy
of the affidavit in the manner provided by ORS 114.535, the
credit union shall provide to the affiant access to the
decedent's property. The credit union shall comply with
subsection (4) or (5) of this section if a will or trust
instrument of the decedent is found in the box. Subject to ORS
114.537, the credit union shall allow the affiant to take
possession of the personal property in the box.
(9) The credit union may presume the truth of any statement
contained in the affidavit required to be furnished under this
section and ORS 114.535, and when acting in reliance upon such an
affidavit, the credit union is discharged as if it had dealt with
Enrolled House Bill 2093 (HB 2093-B) Page 79
the personal representative of the decedent. The credit union is
not responsible for the adequacy of the description of any
property included in an inventory of the contents of a box, or
for the conversion of the property in connection with actions
performed under this section, except for conversion by
intentional acts of the credit union or its employees, directors,
officers or agents. If the credit union is not satisfied that the
requirements of this section have been satisfied, the credit
union may decline to open the box.
(10) If the interested person or affiant does not furnish the
key needed to open the box, and the credit union must incur
expense in gaining entry to the box, the credit union may require
that the interested person or affiant pay the expense of opening
the box.
(11) Any examination of the contents of a box under this
section shall be conducted in the presence of at least one
employee of the credit union.
SECTION 84. ORS 807.510 is amended to read:
807.510. (1) A person commits the offense of transfer of
documents for the purposes of misrepresentation if the person:
(a) Manufactures, produces, sells, offers for sale or transfers
to another person any document purporting to be a
{ - certificate of - } { + certified copy of a record of a
live + } birth, certificate of baptism, driver license or any
other document designated by the Department of Transportation by
rule as acceptable for establishing age or identity; and
(b) Knows or has reason to know that the document may be used
to represent a person as another person in obtaining documents
issued by a government agency to grant driving privileges or for
identification purposes.
(2) The offense described in this section, transfer of
documents for purposes of misrepresentation, is a Class A
misdemeanor.
SECTION 85. ORS 807.720 is amended to read:
807.720. On or before the 15th day of each month, the Director
of the Oregon Health Authority shall forward to the Department of
Transportation a copy of the death { - certificate covering the
death, resulting from a motor vehicle accident, - }
{ + record + } of any persons within the jurisdiction of the
Director of the Oregon Health Authority { + who died from a
motor vehicle accident + } during the preceding calendar month.
SECTION 86. ORS 830.485 is amended to read:
830.485. (1) The State Marine Board shall prepare and make
available to the public forms for accident reports required in
ORS 830.480. The report shall call for sufficiently detailed
information to disclose the cause of an accident, conditions then
existing, and the persons and vehicles involved. Every accident
report shall be made on a form approved by the board.
(2) The State Health Officer shall on or before the 15th day of
each month forward to the board a copy of the death
{ - certificate covering the death, resulting from a boat
accident, - } { + record + } of any persons within the
jurisdiction of the State Health Officer { + who died from a
boat accident + } during the preceding calendar month.
{ +
PLACEMENT OF PROVISIONS + }
SECTION 87. { + ORS 432.060 and 432.312 are added to and made
a part of ORS chapter 413. + }
Enrolled House Bill 2093 (HB 2093-B) Page 80
{ +
REPEALS + }
SECTION 88. { + ORS 432.040, 432.080, 432.095, 432.105,
432.119, 432.122, 432.130 and 432.300 are repealed. + }
{ +
OPERATIVE DATE + }
SECTION 89. { + (1) Sections 5, 6, 17, 18, 23, 24, 27, 37, 38,
43, 44 and 87 of this 2013 Act, the amendments to statutes by
sections 1 to 4, 7 to 16, 19 to 22, 25, 26, 28 to 36, 39 to 42
and 45 to 86 of this 2013 Act and the repeal of statutes by
section 88 of this 2013 Act become operative on January 1, 2014.
(2) The State Registrar of the Center for Health Statistics and
the Oregon Health Authority may take any action before the
operative date specified in subsection (1) of this section that
is necessary to enable the state registrar or authority to
exercise, on and after the operative date specified in subsection
(1) of this section, all the duties, functions and powers
conferred on the state registrar and authority by sections 5, 6,
17, 18, 23, 24, 27, 37, 38, 43, 44 and 87 of this 2013 Act, the
amendments to statutes by sections 1 to 4, 7 to 16, 19 to 22, 25,
26, 28 to 36, 39 to 42 and 45 to 86 of this 2013 Act and the
repeal of statutes by section 88 of this 2013 Act. + }
{ +
UNIT CAPTIONS + }
SECTION 90. { + The unit captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }
{ +
EMERGENCY CLAUSE + }
SECTION 91. { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
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Enrolled House Bill 2093 (HB 2093-B) Page 81
Passed by House April 17, 2013
Repassed by House June 4, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate May 29, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2093 (HB 2093-B) Page 82
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2093 (HB 2093-B) Page 83
