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S. B. No. 369 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Senators Patton, Seitz, Brown, Cafaro
A BILL
To amend section 3705.23 of the Revised Code and to
amend the version of section 3705.23 of the
Revised Code that is scheduled to take effect
March 20, 2015, to continue the provisions of this
act on and after that effective date, for the
purpose of restricting to whom a certified copy of
a death certificate containing the decedent's
social security number may be issued.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3705.23 of the Revised Code be
amended to read as follows:
Sec. 3705.23. (A)(1) Except as otherwise provided in this
section, the director of health, the state registrar, or a local
registrar, on receipt of a signed application and the fee
specified in section 3705.24 of the Revised Code, shall issue a
certified copy of a vital record, or of a part of a vital record,
in the director's or registrar's custody to any applicant, unless
the vital record has ceased to be a public record pursuant to
section 3705.09, 3705.11, 3705.12, or 3705.15 of the Revised Code.
The certified copy shall show the date the vital record was
registered by the local registrar.
(2) A certified copy of a vital record may be made by a
mechanical, electronic, or other reproduction process. It shall be
certified as a true copy by the director, state registrar, or
local registrar who has custody of the record and shall include
the date of issuance, the name of the issuing officer, the
signature of the officer or an authorized facsimile of the
signature, and the seal of the issuing office.
(3) A certified copy of a vital record or of any part of a
vital record, issued in accordance with this section, shall be
considered for all purposes the same as the original and shall be
prima-facie evidence of the facts stated in it in all courts and
places.
(4)(a) Information contained in the "information for medical
and health use only" section of a birth record shall not be
included as part of a certified copy of the birth record unless
the information specifically is requested by the individual to
whose birth the record attests, either of the individual's parents
or the individual's guardian, a lineal descendant, or an official
of the federal or state government or of a political subdivision
of the state charged by law with detecting or prosecuting crime.
(b) Except as provided in division (A)(4)(a) of this section,
neither the office of vital statistics nor a local registrar shall
disclose information contained in the "information for medical and
health use only" section of a birth record unless a court, for
good cause shown, orders disclosure of the information or the
state registrar specifically authorizes release of the information
for statistical or research purposes under conditions the state
registrar, subject to the approval of the director of health,
shall establish by rule.
(5) A decedent's social security number shall not be included
on a certified copy of the decedent's death certificate unless
that information is specifically requested to be on the certified
copy by one of the following who presents proof satisfactory to
the director, state registrar, or local registrar of the person's
identity:
(a) The decedent's spouse;
(b) A lineal descendant of the decedent;
(c) An official of the federal or state government or of a
political subdivision of the state charged by law with detecting
or prosecuting crime;
(d) The executor or administrator of the decedent's estate,
or an attorney representing the executor or administrator;
(e) An agent, as defined in section 1337.22 of the Revised
Code, of the decedent, when the decedent had been the principal
under a power of attorney created pursuant to sections 1337.21 to
1337.64 of the Revised Code;
(f) Any person, other than one described in division
(A)(5)(a), (b), (c), (d), or (e) of this section, who is
authorized by law to act on behalf of the decedent or the
decedent's estate;
(g) A licensed funeral director, or an employee or agent of
that individual, who requests a certified copy of the decedent's
death certificate on behalf of a person described in division
(A)(5)(a), (b), (d), (e), or (f) of this section.
(B)(1) Unless the applicant specifically requests a certified
copy, the director, the state registrar, or a local registrar, on
receipt of a signed application for a birth record and the fee
specified in section 3705.24 of the Revised Code, may issue a
certification of birth, and the certification of birth shall
contain at least the name, sex, date of birth, registration date,
and place of birth of the person to whose birth the record attests
and shall attest that the person's birth has been registered. A
certification of birth shall be prima-facie evidence of the facts
stated in it in all courts and places.
(2) The director or state registrar, on receipt of a signed
application for an heirloom certification of birth and the fee
specified in section 3705.24 of the Revised Code, may issue an
heirloom certification of birth. The director shall prescribe by
rule guidelines for the form of an heirloom certification of
birth, and the guidelines shall require the heirloom certification
of birth to contain at least the name, sex, date of birth,
registration date, and place of birth of the person to whose birth
the record attests and to attest that the person's birth has been
registered. An heirloom certification of birth shall be
prima-facie evidence of the facts stated in it in all courts and
places.
(3)(a) The director or state registrar, on receipt of an
application signed by either parent, shall issue a certificate
that recognizes the delivery of a stillborn infant. The director
or state registrar shall not charge a fee for the certificate. The
certificate is not proof of a live birth for purposes of federal,
state, and local taxes.
The certificate shall contain the infant's name and sex, the
date of delivery, and the place of delivery. The certificate shall
not contain the word "stillborn" or "stillbirth" or any other
words having the same or a similar meaning. The director may
prescribe by rule any other standards regarding the form of the
certificate.
(b) If, prior to the effective date of this amendment June 3,
2014, a parent obtained a certificate that contains the word
"stillborn" or "stillbirth" or any other words having the same or
a similar meaning, the parent may submit to the director or state
registrar a written request for issuance of a certificate that
meets the conditions specified in division (B)(3)(a) of this
section. On receipt of the request, the director or state
registrar shall issue the certificate.
(C) On evidence that a birth certificate was registered
through misrepresentation or fraud, the state registrar may
withhold the issuance of a certified copy of the birth record or a
certification of birth until a court makes a determination that no
misrepresentation or fraud occurred.
Section 2. That existing section 3705.23 of the Revised Code
is hereby repealed.
Section 3. That the version of section 3705.23 of the Revised
Code that is scheduled to take effect on March 20, 2015, be
amended to read as follows:
Sec. 3705.23. (A)(1) Except as otherwise provided in this
section, the director of health, the state registrar, or a local
registrar, on receipt of a signed application and the fee
specified in section 3705.24 of the Revised Code, shall issue a
certified copy of a vital record, or of a part of a vital record,
in the director's or registrar's custody to any applicant, unless
the vital record has ceased to be a public record pursuant to
section 3705.09, 3705.11, 3705.12, 3705.121, 3705.122, 3705.123,
3705.124, or 3705.15 of the Revised Code. The certified copy shall
show the date the vital record was registered by the local
registrar.
(2) A certified copy of a vital record may be made by a
mechanical, electronic, or other reproduction process. It shall be
certified as a true copy by the director, state registrar, or
local registrar who has custody of the record and shall include
the date of issuance, the name of the issuing officer, the
signature of the officer or an authorized facsimile of the
signature, and the seal of the issuing office.
(3) A certified copy of a vital record or of any part of a
vital record, issued in accordance with this section, shall be
considered for all purposes the same as the original and shall be
prima-facie evidence of the facts stated in it in all courts and
places.
(4)(a) Information contained in the "information for medical
and health use only" section of a birth record shall not be
included as part of a certified copy of the birth record unless
the information specifically is requested by the individual to
whose birth the record attests, either of the individual's parents
or the individual's guardian, a lineal descendant, or an official
of the federal or state government or of a political subdivision
of the state charged by law with detecting or prosecuting crime.
(b) Except as provided in division (A)(4)(a) of this section,
neither the office of vital statistics nor a local registrar shall
disclose information contained in the "information for medical and
health use only" section of a birth record unless a court, for
good cause shown, orders disclosure of the information or the
state registrar specifically authorizes release of the information
for statistical or research purposes under conditions the state
registrar, subject to the approval of the director of health,
shall establish by rule.
(5) A decedent's social security number shall not be included
on a certified copy of the decedent's death certificate unless
that information is specifically requested to be on the certified
copy by one of the following who presents proof satisfactory to
the director, state registrar, or local registrar of the person's
identity:
(a) The decedent's spouse;
(b) A lineal descendant of the decedent;
(c) An official of the federal or state government or of a
political subdivision of the state charged by law with detecting
or prosecuting crime;
(d) The executor or administrator of the decedent's estate,
or an attorney representing the executor or administrator;
(e) An agent, as defined in section 1337.22 of the Revised
Code, of the decedent, when the decedent had been the principal
under a power of attorney created pursuant to sections 1337.21 to
1337.64 of the Revised Code;
(f) Any person, other than one described in division
(A)(5)(a), (b), (c), (d), or (e) of this section, who is
authorized by law to act on behalf of the decedent or the
decedent's estate;
(g) A licensed funeral director, or an employee or agent of
that individual, who requests a certified copy of the decedent's
death certificate on behalf of a person described in division
(A)(5)(a), (b), (d), (e), or (f) of this section.
(B)(1) Unless the applicant specifically requests a certified
copy, the director, the state registrar, or a local registrar, on
receipt of a signed application for a birth record and the fee
specified in section 3705.24 of the Revised Code, may issue a
certification of birth, and the certification of birth shall
contain at least the name, sex, date of birth, registration date,
and place of birth of the person to whose birth the record attests
and shall attest that the person's birth has been registered. A
certification of birth shall be prima-facie evidence of the facts
stated in it in all courts and places.
(2) The director or state registrar, on receipt of a signed
application for an heirloom certification of birth and the fee
specified in section 3705.24 of the Revised Code, may issue an
heirloom certification of birth. The director shall prescribe by
rule guidelines for the form of an heirloom certification of
birth, and the guidelines shall require the heirloom certification
of birth to contain at least the name, sex, date of birth,
registration date, and place of birth of the person to whose birth
the record attests and to attest that the person's birth has been
registered. An heirloom certification of birth shall be
prima-facie evidence of the facts stated in it in all courts and
places.
(3)(a) The director or state registrar, on receipt of an
application signed by either parent, shall issue a certificate
that recognizes the delivery of a stillborn infant. The director
or state registrar shall not charge a fee for the certificate. The
certificate is not proof of a live birth for purposes of federal,
state, and local taxes.
The certificate shall contain the infant's name and sex, the
date of delivery, and the place of delivery. The certificate shall
not contain the word "stillborn" or "stillbirth" or any other
words having the same or a similar meaning. The director may
prescribe by rule any other standards regarding the form of the
certificate.
(b) If, prior to the effective date of this amendment June 3,
2014, a parent obtained a certificate that contains the word
"stillborn" or "stillbirth" or any other words having the same or
a similar meaning, the parent may submit to the director or state
registrar a written request for issuance of a certificate that
meets the conditions specified in division (B)(3)(a) of this
section. On receipt of the request, the director or state
registrar shall issue the certificate.
(C) On evidence that a birth certificate was registered
through misrepresentation or fraud, the state registrar may
withhold the issuance of a certified copy of the birth record or a
certification of birth until a court makes a determination that no
misrepresentation or fraud occurred.
Section 4. That the existing version of section 3705.23 of
the Revised Code that is scheduled to take effect on March 20,
2015, is hereby repealed.
Section 5. Sections 3 and 4 of this act take effect March 20,
2015.
Section 6. Section 3705.23 of the Revised Code is presented
in Section 3 of this act as a composite of the section as amended
by both Sub. H.B. 95 and Sub. S.B. 23 of the 130th General
Assembly. The General Assembly, applying the principle stated in
division (B) of section 1.52 of the Revised Code that amendments
are to be harmonized if reasonably capable of simultaneous
operation, finds that the composite is the resulting version of
the section in effect prior to the effective date of the section
as presented in Section 3 of this act.
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