CHAPTER 190

(SB 41)

Vital record access regulated.

         ENTITLED, An Act to  revise certain provisions regarding access to vital records.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 34-25-1.1 be amended by adding thereto a NEW SUBDIVISION to read as follows:

     "Authorized representative," an attorney, physician, funeral director, or other designated agent acting on behalf of the family.

     Section  2.  That § 34-25-8 be amended to read as follows:

     34-25-8.   The birth of every child born in this state shall be registered as provided in this chapter. Within seven days after the date of each live birth, there shall be filed with the department by electronic means if a facility has such capabilities, or otherwise if electronic means are not available, a certificate of such birth , which . The certificate shall be upon the form prescribed by the department. For certificates of birth filed after seven days, but within one year from the date of birth, the department may, by rules promulgated pursuant to chapter 1-26, require additional evidence in support of the facts of birth.

     Certified Informational copies of birth records shall be available to any person who can identify the birth record by providing the name of the person on the birth record, the date of birth, the mother's maiden name, or additional information required to locate the record. Nothing in this section prohibits the release of information contained on a birth record which would not identify any person named in the record.

     If one hundred years have elapsed after the date of birth, the records of the birth in the custody of the department shall become available to the public without restriction. The department shall promulgate rules, pursuant to chapter 1-26, to provide for the continued safekeeping of these records.

     Section  3.  That § 34-25-52 be amended to read as follows:

     34-25-52.   The Department of Health shall upon request supply to any applicant a certified copy of the record of any birth, death, fetal death, marriage, or divorce registered under the provisions of this chapter, for the making and certification of which he shall be entitled to a fee based upon administrative cost as established by the department pursuant to chapter 1-26 to be paid by the applicant. Information in vital records indicating that a birth occurred out of wedlock shall not be disclosed except as provided by regulation or upon order of a court of competent jurisdiction. Any record or a certified copy thereof shall be prima facie evidence in all of the courts of this state of the facts therein stated The department or authorized local registrars shall, upon receipt of an application, issue a certified copy of a vital record to the registrant or the registrant's spouse, children, parents, guardian, next of kin, or authorized representative. The department may authorize others to obtain certified copies in response to a demonstration that the record is needed for the determination or protection of a personal or property right. The department or authorized local registrars shall upon receipt of an application, issue informational copies to any applicant of any vital record. The department or authorized local registrar may withhold the immediate issuance of any certified copy for a period of no longer than three days . The department shall be entitled to a fee based upon administrative cost as established by the department pursuant to chapter 1-26 for each search of the files and records. The fee shall be paid in advance by the applicant and shall not be in addition to the fee hereinbefore provided for the making and certification of the record but shall be applied in payment thereof if the record is found.

     Section  4.  That chapter 34-25 be amended by adding thereto a NEW SECTION to read as follows:

     All forms and procedures used in the issuance of certified and informational copies of vital records shall be uniform and shall be provided or approved by the state registrar. The department shall promulgate rules pursuant to chapter 1-26 to determine application requirements for a certified and an informational copy of a vital record, acceptable proof of identity, and the features required in a certified or informational copy.

     Section  5.  That chapter 34-25 be amended by adding thereto a NEW SECTION to read as follows:

     Nothing in this chapter may be construed to permit disclosure of information contained in the "Information for Medical and Health Use Only" section of the birth certificate or the "Information for Statistical Purposes Only" section of the certificate of marriage or certificate of divorce unless specifically authorized by the department for statistical or research purposes. Such data is not subject to subpoena or court order and is not admissible before any court, tribunal, or judicial body.

     Section  6.  That chapter 34-25 be amended by adding thereto a NEW SECTION to read as follows:

     To protect the integrity of vital records, ensure their proper use, and to ensure the efficient and proper administration of the vital records system, no employee of the state vital records office, local registrar, or deputy registrar may permit inspection of any vital record or disclose information contained in any vital record or issue a copy of all or part of any such record unless authorized by this chapter or a court of competent jurisdiction.

     Section  7.  That § 34-25-57 be amended to read as follows:

     34-25-57.   No person, officer, agent, or employee of any other person or of any corporation or partnership may:

             (1)      Inter, cremate, or otherwise finally dispose of a dead body of a human being or permit the same to be done or remove the body from the state without authority of a burial or removal permit;

             (2)      Refuse or fail to furnish any information in such person's possession or furnish false information affecting any certificate or record required by this chapter;

             (3)      Intentionally falsify any certificate of birth, death, or burial or removal permit or any record required by this chapter;

             (4)      Being required by this chapter to fill out a certificate of birth or death and file the certificate with the local registrar or deliver it upon request to any person charged with the duty of filing the certificate, fail, neglect, or refuse to perform;

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             (5)      Being an employee of the state vital records office, a local registrar or deputy registrar, intentionally fail, neglect, or refuse to perform the duty as required by this chapter or by the rules adopted by the secretary of health or by the instructions and directions of the department ;

             (8)    Possess any certificate, record, or report, or copy thereof, required by this chapter, knowing that the certificate, record, or report, or copy thereof, was stolen or otherwise obtained unlawfully .

     A violation of this section is a Class 1 misdemeanor.

     Section  8.  That chapter 34-25 be amended by adding thereto a NEW SECTION to read as follows:

     No employee of the state vital records office, local registrar, or deputy registrar may be held personally liable for any unintentional issuance of any certified copy of any vital record fraudulently obtained.

     Signed February 23, 2005

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