Bill Text: OH SB369 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-10-09 - To Medicaid, Health & Human Services [SB369 Detail]

Download: Ohio-2013-SB369-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 369

Senator Hughes 

Cosponsors: Senators Patton, Seitz, Brown, Cafaro 

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A BILL

To amend section 3705.23 of the Revised Code and to

1

amend the version of section 3705.23 of the

2

Revised Code that is scheduled to take effect

3

March 20, 2015, to continue the provisions of this

4

act on and after that effective date, for the

5

purpose of restricting to whom a certified copy of

6

a death certificate containing the decedent's

7

social security number may be issued.

8

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 3705.23 of the Revised Code be	9
amended to read as follows:	10

Sec. 3705.23.  (A)(1) Except as otherwise provided in this	11
section, the director of health, the state registrar, or a local	12
registrar, on receipt of a signed application and the fee	13
specified in section 3705.24 of the Revised Code, shall issue a	14
certified copy of a vital record, or of a part of a vital record,	15
in the director's or registrar's custody to any applicant, unless	16
the vital record has ceased to be a public record pursuant to	17
section 3705.09, 3705.11, 3705.12, or 3705.15 of the Revised Code.	18
The certified copy shall show the date the vital record was	19
registered by the local registrar.	20

(2) A certified copy of a vital record may be made by a	21
mechanical, electronic, or other reproduction process. It shall be	22
certified as a true copy by the director, state registrar, or	23
local registrar who has custody of the record and shall include	24
the date of issuance, the name of the issuing officer, the	25
signature of the officer or an authorized facsimile of the	26
signature, and the seal of the issuing office.	27

(3) A certified copy of a vital record or of any part of a	28
vital record, issued in accordance with this section, shall be	29
considered for all purposes the same as the original and shall be	30
prima-facie evidence of the facts stated in it in all courts and	31
places.	32

(4)(a) Information contained in the "information for medical	33
and health use only" section of a birth record shall not be	34
included as part of a certified copy of the birth record unless	35
the information specifically is requested by the individual to	36
whose birth the record attests, either of the individual's parents	37
or the individual's guardian, a lineal descendant, or an official	38
of the federal or state government or of a political subdivision	39
of the state charged by law with detecting or prosecuting crime.	40

(b) Except as provided in division (A)(4)(a) of this section,	41
neither the office of vital statistics nor a local registrar shall	42
disclose information contained in the "information for medical and	43
health use only" section of a birth record unless a court, for	44
good cause shown, orders disclosure of the information or the	45
state registrar specifically authorizes release of the information	46
for statistical or research purposes under conditions the state	47
registrar, subject to the approval of the director of health,	48
shall establish by rule.	49

(5) A decedent's social security number shall not be included	50
on a certified copy of the decedent's death certificate unless	51
that information is specifically requested to be on the certified	52
copy by one of the following who presents proof satisfactory to	53
the director, state registrar, or local registrar of the person's	54
identity:	55

(a) The decedent's spouse;

56

(b) A lineal descendant of the decedent;

57

(c) An official of the federal or state government or of a	58
political subdivision of the state charged by law with detecting	59
or prosecuting crime;	60

(d) The executor or administrator of the decedent's estate,	61
or an attorney representing the executor or administrator;	62

(e) An agent, as defined in section 1337.22 of the Revised	63
Code, of the decedent, when the decedent had been the principal	64
under a power of attorney created pursuant to sections 1337.21 to	65
1337.64 of the Revised Code;	66

(f) Any person, other than one described in division	67
(A)(5)(a), (b), (c), (d), or (e) of this section, who is	68
authorized by law to act on behalf of the decedent or the	69
decedent's estate;	70

(g) A licensed funeral director, or an employee or agent of	71
that individual, who requests a certified copy of the decedent's	72
death certificate on behalf of a person described in division	73
(A)(5)(a), (b), (d), (e), or (f) of this section.	74

(B)(1) Unless the applicant specifically requests a certified	75
copy, the director, the state registrar, or a local registrar, on	76
receipt of a signed application for a birth record and the fee	77
specified in section 3705.24 of the Revised Code, may issue a	78
certification of birth, and the certification of birth shall	79
contain at least the name, sex, date of birth, registration date,	80
and place of birth of the person to whose birth the record attests	81
and shall attest that the person's birth has been registered. A	82
certification of birth shall be prima-facie evidence of the facts	83
stated in it in all courts and places.	84

(2) The director or state registrar, on receipt of a signed	85
application for an heirloom certification of birth and the fee	86
specified in section 3705.24 of the Revised Code, may issue an	87
heirloom certification of birth. The director shall prescribe by	88
rule guidelines for the form of an heirloom certification of	89
birth, and the guidelines shall require the heirloom certification	90
of birth to contain at least the name, sex, date of birth,	91
registration date, and place of birth of the person to whose birth	92
the record attests and to attest that the person's birth has been	93
registered. An heirloom certification of birth shall be	94
prima-facie evidence of the facts stated in it in all courts and	95
places.	96

(3)(a) The director or state registrar, on receipt of an	97
application signed by either parent, shall issue a certificate	98
that recognizes the delivery of a stillborn infant. The director	99
or state registrar shall not charge a fee for the certificate. The	100
certificate is not proof of a live birth for purposes of federal,	101
state, and local taxes.	102

The certificate shall contain the infant's name and sex, the	103
date of delivery, and the place of delivery. The certificate shall	104
not contain the word "stillborn" or "stillbirth" or any other	105
words having the same or a similar meaning. The director may	106
prescribe by rule any other standards regarding the form of the	107
certificate.	108

(b) If, prior to the effective date of this amendmentJune 3,	109
2014, a parent obtained a certificate that contains the word	110
"stillborn" or "stillbirth" or any other words having the same or	111
a similar meaning, the parent may submit to the director or state	112
registrar a written request for issuance of a certificate that	113
meets the conditions specified in division (B)(3)(a) of this	114
section. On receipt of the request, the director or state	115
registrar shall issue the certificate.	116

(C) On evidence that a birth certificate was registered	117
through misrepresentation or fraud, the state registrar may	118
withhold the issuance of a certified copy of the birth record or a	119
certification of birth until a court makes a determination that no	120
misrepresentation or fraud occurred.	121

Section 2.  That existing section 3705.23 of the Revised Code	122
is hereby repealed.	123

Section 3. That the version of section 3705.23 of the Revised	124
Code that is scheduled to take effect on March 20, 2015, be	125
amended to read as follows:	126

Sec. 3705.23.  (A)(1) Except as otherwise provided in this	127
section, the director of health, the state registrar, or a local	128
registrar, on receipt of a signed application and the fee	129
specified in section 3705.24 of the Revised Code, shall issue a	130
certified copy of a vital record, or of a part of a vital record,	131
in the director's or registrar's custody to any applicant, unless	132
the vital record has ceased to be a public record pursuant to	133
section 3705.09, 3705.11, 3705.12, 3705.121, 3705.122, 3705.123,	134
3705.124, or 3705.15 of the Revised Code. The certified copy shall	135
show the date the vital record was registered by the local	136
registrar.	137

(2) A certified copy of a vital record may be made by a	138
mechanical, electronic, or other reproduction process. It shall be	139
certified as a true copy by the director, state registrar, or	140
local registrar who has custody of the record and shall include	141
the date of issuance, the name of the issuing officer, the	142
signature of the officer or an authorized facsimile of the	143
signature, and the seal of the issuing office.	144

(3) A certified copy of a vital record or of any part of a	145
vital record, issued in accordance with this section, shall be	146
considered for all purposes the same as the original and shall be	147
prima-facie evidence of the facts stated in it in all courts and	148
places.	149

(4)(a) Information contained in the "information for medical	150
and health use only" section of a birth record shall not be	151
included as part of a certified copy of the birth record unless	152
the information specifically is requested by the individual to	153
whose birth the record attests, either of the individual's parents	154
or the individual's guardian, a lineal descendant, or an official	155
of the federal or state government or of a political subdivision	156
of the state charged by law with detecting or prosecuting crime.	157

(b) Except as provided in division (A)(4)(a) of this section,	158
neither the office of vital statistics nor a local registrar shall	159
disclose information contained in the "information for medical and	160
health use only" section of a birth record unless a court, for	161
good cause shown, orders disclosure of the information or the	162
state registrar specifically authorizes release of the information	163
for statistical or research purposes under conditions the state	164
registrar, subject to the approval of the director of health,	165
shall establish by rule.	166

(5) A decedent's social security number shall not be included	167
on a certified copy of the decedent's death certificate unless	168
that information is specifically requested to be on the certified	169
copy by one of the following who presents proof satisfactory to	170
the director, state registrar, or local registrar of the person's	171
identity:	172

(a) The decedent's spouse;

173

(b) A lineal descendant of the decedent;

174

(c) An official of the federal or state government or of a	175
political subdivision of the state charged by law with detecting	176
or prosecuting crime;	177

(d) The executor or administrator of the decedent's estate,	178
or an attorney representing the executor or administrator;	179

(e) An agent, as defined in section 1337.22 of the Revised	180
Code, of the decedent, when the decedent had been the principal	181
under a power of attorney created pursuant to sections 1337.21 to	182
1337.64 of the Revised Code;	183

(f) Any person, other than one described in division	184
(A)(5)(a), (b), (c), (d), or (e) of this section, who is	185
authorized by law to act on behalf of the decedent or the	186
decedent's estate;	187

(g) A licensed funeral director, or an employee or agent of	188
that individual, who requests a certified copy of the decedent's	189
death certificate on behalf of a person described in division	190
(A)(5)(a), (b), (d), (e), or (f) of this section.	191

(B)(1) Unless the applicant specifically requests a certified	192
copy, the director, the state registrar, or a local registrar, on	193
receipt of a signed application for a birth record and the fee	194
specified in section 3705.24 of the Revised Code, may issue a	195
certification of birth, and the certification of birth shall	196
contain at least the name, sex, date of birth, registration date,	197
and place of birth of the person to whose birth the record attests	198
and shall attest that the person's birth has been registered. A	199
certification of birth shall be prima-facie evidence of the facts	200
stated in it in all courts and places.	201

(2) The director or state registrar, on receipt of a signed	202
application for an heirloom certification of birth and the fee	203
specified in section 3705.24 of the Revised Code, may issue an	204
heirloom certification of birth. The director shall prescribe by	205
rule guidelines for the form of an heirloom certification of	206
birth, and the guidelines shall require the heirloom certification	207
of birth to contain at least the name, sex, date of birth,	208
registration date, and place of birth of the person to whose birth	209
the record attests and to attest that the person's birth has been	210
registered. An heirloom certification of birth shall be	211
prima-facie evidence of the facts stated in it in all courts and	212
places.	213

(3)(a) The director or state registrar, on receipt of an	214
application signed by either parent, shall issue a certificate	215
that recognizes the delivery of a stillborn infant. The director	216
or state registrar shall not charge a fee for the certificate. The	217
certificate is not proof of a live birth for purposes of federal,	218
state, and local taxes.	219

The certificate shall contain the infant's name and sex, the	220
date of delivery, and the place of delivery. The certificate shall	221
not contain the word "stillborn" or "stillbirth" or any other	222
words having the same or a similar meaning. The director may	223
prescribe by rule any other standards regarding the form of the	224
certificate.	225

(b) If, prior to the effective date of this amendmentJune 3,	226
2014, a parent obtained a certificate that contains the word	227
"stillborn" or "stillbirth" or any other words having the same or	228
a similar meaning, the parent may submit to the director or state	229
registrar a written request for issuance of a certificate that	230
meets the conditions specified in division (B)(3)(a) of this	231
section. On receipt of the request, the director or state	232
registrar shall issue the certificate.	233

(C) On evidence that a birth certificate was registered	234
through misrepresentation or fraud, the state registrar may	235
withhold the issuance of a certified copy of the birth record or a	236
certification of birth until a court makes a determination that no	237
misrepresentation or fraud occurred.	238

Section 4. That the existing version of section 3705.23 of	239
the Revised Code that is scheduled to take effect on March 20,	240
2015, is hereby repealed.	241

Section 5. Sections 3 and 4 of this act take effect March 20,	242
2015.	243

Section 6.  Section 3705.23 of the Revised Code is presented	244
in Section 3 of this act as a composite of the section as amended	245
by both Sub. H.B. 95 and Sub. S.B. 23 of the 130th General	246
Assembly. The General Assembly, applying the principle stated in	247
division (B) of section 1.52 of the Revised Code that amendments	248
are to be harmonized if reasonably capable of simultaneous	249
operation, finds that the composite is the resulting version of	250
the section in effect prior to the effective date of the section	251
as presented in Section 3 of this act.	252