Bill Text: NJ A3784 | 2014-2015 | Regular Session | Introduced
Bill Title: Authorizes grandparents to obtain certified copies of death certificates of grandchildren.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-10-02 - Introduced, Referred to Assembly Human Services Committee [A3784 Detail]
Download: New_Jersey-2014-A3784-Introduced.html
Sponsored by:
Assemblyman CARMELO G. GARCIA
District 33 (Hudson)
Assemblyman RAJ MUKHERJI
District 33 (Hudson)
SYNOPSIS
Authorizes grandparents to obtain certified copies death certificates of grandchildren.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning death certificates and amending P.L.2003, c.221 and R.S.26:8-62.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 24 of P.L.2003, c.221 (C.26:8-59.1) is amended to read as follows:
24. a. Persons authorized to obtain and receive a certification or certified copy of a death certificate from a local registrar, deputy registrar, alternate deputy registrar, subregistrar, or an incorporated political subdivision comprising a registration district, shall include those individuals who establish themselves as one of the following: the parent, grandparent, legal guardian or other legal representative of the subject of that record; the subject's spouse, child, grandchild or sibling, if of legal age, or the subject's legal representative; an agency of State or federal government for official purposes; a person possessing an order of a court of competent jurisdiction; or a person who is authorized under other emergent circumstances as determined by the commissioner. For the purposes of this section, any employee of a mortuary registered pursuant to P.L.1952, c.340 (C.45:7-32 et seq.), or a funeral director licensed pursuant to that act who is affiliated with a registered mortuary, if the mortuary was recorded on the original certificate of death, shall be construed to be the subject's legal representative and entitled to obtain full and complete copies of death certificates or certifications thereof.
b. Any fee charged, by a local registrar, deputy registrar, alternate deputy registrar, subregistrar, or an incorporated political subdivision comprising a registration district, to a funeral home as the legal representative for a person in securing a certified copy of a death certificate shall be in the form of a debit against the account of the funeral home and a credit to the applicable political subdivision within the NJ-EDRS.
(cf: PL.2003, c.221, s.24)
2. R.S.26:8-62 is amended to read as follows:
26:8-62. a. The State registrar or local registrar shall, upon request, supply to a person who establishes himself as one of the following: the subject of the record of a birth, death, fetal death, certificate of birth resulting in stillbirth, domestic partnership, civil union or marriage, as applicable; the subject's parent, legal guardian or other legal representative; the subject's spouse, one partner in a civil union couple, child, grandchild or sibling, if of legal age, or the subject's legal representative; an agency of State or federal government for official purposes; a person possessing an order of a court of competent jurisdiction; or a person who is authorized under other emergent circumstances as determined by the commissioner, a certified copy, or release of the data and information of that record registered under the provisions of R.S.26:8-1 et seq., or P.L.2006, c.103 (C.37:1-28 et al.) or any domestic partnership registered under the provisions of P.L.2003, c.246 (C.26:8A-1 et al.), for any of which, except as provided by R.S.26:8-63, the State registrar shall be entitled to a search fee, if any, as provided by R.S.26:8-64, to be paid by the person. A certification may be issued in other circumstances and shall state that it is for informational purposes only, and is not to be used for identification purposes. The registrar shall authenticate the identity of the requestor and the requestor's relationship with the subject of the vital record. For the purposes of this subsection, any employee of a mortuary registered pursuant to P.L.1952, c.340 (C.45:7-32 et seq.), or a funeral director licensed pursuant to that act who is affiliated with a registered mortuary, if the mortuary was recorded on the original certificate of death, shall be construed to be the subject's legal representative and entitled to obtain full and complete copies of death certificates or certifications thereof. The State registrar shall, upon request, supply to any persons who establish themselves as a grandparent of the subject of a death certificate, a certification or certified copies of that death certificate, for which, except as provided by R.S.26:8-63, the State registrar shall be entitled to a search fee, if any, as provided by R.S.26:8-64, to be paid by the person.
b. The State registrar shall, upon request, supply to any applicant a certified transcript of any entry contained in the records of the New Jersey State census for which, except as provided by R.S.26:8-63, he shall be entitled to a search fee as provided by R.S.26:8-64, to be paid by the applicant.
c. For each death registration initiated on the NJ-EDRS on or after the first day of the first month following the date of enactment of P.L.2003, c.221 but before the first day of the thirty-seventh month following the date of enactment of P.L.2003, c.221, the State registrar shall be paid a recording fee for each record filed, whether by means of the current paper process or electronically, in an amount to be determined by the State registrar but not exceeding $10, from the account of the funeral home, which may include this amount in the funeral expenses charged to the estate or person accepting responsibility for the disposition of the deceased's human remains and the costs associated therewith; provided however, this fee shall not apply to the death registration of a person who died while in the military or naval or maritime or merchant marine service of the United States whose death is recorded pursuant to section 1 of P.L.1950, c.299 (C.26:6-5.2). The State registrar shall deposit the proceeds from the recording fee into the New Jersey Electronic Death Registration Support Fund established pursuant to section 17 of P.L.2003, c.221 (C.26:8-24.2).
d. Notwithstanding any other provision of this section to the contrary, the Commissioner of Health and Senior Services shall designate specifications for uniform forms for the issuance of all vital records, which shall be used by registrars beginning on a date established by the commissioner. The form designated for certified copies of vital records shall contain safety features for authentication purposes and to deter forgery, and shall be readily distinguishable from the form designated for certifications of vital records. Local registrars may include in the fee for a certified copy the additional cost of the form containing such safety features.
The commissioner may issue and enforce orders to implement the provisions of this subsection.
(cf: 2006, c.103, s.57)
3. This act shall take effect on the 30th day next following enactment.
STATEMENT
This bill includes grandparents in the persons authorized to obtain and receive a certification or certified copy of a death certificate.
Under current law, the following individuals are authorized to receive certified copies of death certificates:
- the parent, legal guardian or other legal representative of the subject of the certificate;
- the subject's spouse, child, grandchild or sibling, if of legal age, or the subject's legal representative;
- an agency of State or federal government for official purposes;
- a person possessing an order of a court of competent jurisdiction;
- or a person who is authorized under other emergent circumstances as determined by the Commissioner of Health.
This bill includes grandparents in the list of individuals authorized to receive the death certificate of a grandchild. These documents can be useful to grandparents in a variety of circumstances, such as when grandparents are the beneficiaries of life insurance policies insuring their grandchildren.
