PRIOR PRINTER'S NO. 3137
PRINTER'S NO. 3553
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
84
Session of
2018
INTRODUCED BY LAWRENCE, BAKER, BENNINGHOFF, CHARLTON, DRISCOLL,
FEE, IRVIN, JAMES, KAUFFMAN, LEWIS, McGINNIS, MILLARD, MOUL,
READSHAW, SAYLOR, M. QUINN, PICKETT, CORR, ZIMMERMAN AND
GILLEN, MARCH 13, 2018
AS REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES,
AS AMENDED, MAY 22, 2018
AN ACT
Amending the act of June 29, 1953 (P.L.304, No.66), entitled "An
act providing for the administration of a statewide system of
vital statistics; prescribing the functions of the State
Department of Health, the State Advisory Health Board and
local registrars; imposing duties upon coroners,
prothonotaries, clerks of orphans' court, physicians,
midwives and other persons; requiring reports and
certificates for the registration of vital statistics;
regulating the disposition of dead bodies; limiting the
disclosure of records; prescribing the sufficiency of vital
statistics records as evidence; prescribing fees and
penalties; and revising and consolidating the laws relating
thereto," in registration district administration, further
providing for local registrars' compensation; in birth
registration, further providing for children born in a
country other than the United States and providing for
CERTIFIED COPIES OF BIRTH RECORDS AND FOR Legislative Budget
and Finance Committee study; and making a related repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 304(c) and 403(d) of the act of June 29,
1953 (P.L.304, No.66), known as the Vital Statistics Law of
1953, are amended and the sections are amended by adding
subsections to read:
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SECTION 1. SECTION 304(C) OF THE ACT OF JUNE 29, 1953
(P.L.304, NO.66), KNOWN AS THE VITAL STATISTICS LAW OF 1953, IS
AMENDED AND THE SECTION IS AMENDED BY ADDING SUBSECTIONS TO
READ:
Section 304. Registration Districts: Local Registrars'
Compensation.--* * *
(b.1) Local registrars may issue certified copies of a birth
record in a manner prescribed by the department or the Division
of Vital Records. The local registrar shall retain the
percentage allocated under section 403(e)(4) 404 for each
certificate issued.
(c) (1) A local registrar may not be compensated in excess
of sixty thousand dollars ($60,000) in any one calendar year[.
Compensation shall include] for fees received from the
department under subsection (a) and retained from requesters
under subsection (b).
(1.1) A local registrar may not be compensated in excess of
sixty thousand dollars ($60,000) in any one calendar year for
fees received or collected under subsection (b.1).
(2) Upon reaching the limitation on compensation set forth
under clause (1) in any one calendar year, the local registrar
shall transmit all additional fees received under subsection (b)
to the department for deposit as follows:
(i) Three dollars ($3) shall be deposited in the Vital
Statistics Improvement Fund.
(ii) Three dollars ($3) shall be deposited in the General
Fund.
* * *
(e) Upon reaching the limitation on compensation set forth
under subsection (c)(1.1) in any one calendar year, additional
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fees shall be transmitted to the General Fund.
SECTION 2. SECTION 403(D) OF THE ACT IS AMENDED TO READ:
Section 403. Birth Registration: Children Born in a Country
Other Than the United States.--* * *
(d) Certified copies of [such certificates] a certificate
shall be issued [upon] on application and payment of the
prescribed fee under section 609-A of the act of April 9, 1929
(P.L.177, No.175), known as "The Administrative Code of 1929."
(e) A fee charged by the department for a certified copy of
a birth record under section 609-A of "The Administrative Code
of 1929" shall be distributed as follows:
(1) Twelve and one-half percent (12.5%) shall be deposited
in a restricted account within the General Fund. The money in
the restricted account is hereby appropriated on a continuing
basis to the Department of Human Services for training of
mandated reporters of child abuse and child abuse related costs.
(2) Thirty-seven and one-half percent (37.5%) shall be
deposited in a restricted account within the General Fund. The
money in the restricted account is hereby appropriated on a
continuing basis to the Pennsylvania Commission on Crime and
Delinquency for grants for child advocacy centers and
multidisciplinary investigative teams.
(3) Twenty-five percent (25%) shall be deposited in a
restricted account within the General Fund. The money in the
restricted account is hereby appropriated on a continuing basis
to the department for the sole purpose of costs associated with
issuing certified copies of birth records. Acceptable uses of
these funds are limited to the salary, benefits and training
costs for an employee in the Department of Vital Records
actively involved in the issuance of certified copies of birth
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records.
(4) If a local registrar is involved in the issuance of a
certified copy of a birth record, an amount equal to twenty
percent (20%) of the fee collected for the certified copy shall
be transferred by the department to the local registrar or, if
collected by the local registrar, retained by the local
registrar.
(5) The remainder shall be deposited in the General Fund.
(f) Funding under subsection (e)(2) and (3) may not be used
to supplant Federal, State or local funds otherwise available
for child advocacy centers and multidisciplinary investigative
teams.
Section 2 3. The act is amended by adding a section SECTIONS
to read:
SECTION 404. BIRTH REGISTRATION: CERTIFIED COPIES OF BIRTH
RECORDS.--(A) A FEE CHARGED BY THE DEPARTMENT FOR A CERTIFIED
COPY OF A BIRTH RECORD UNDER SECTION 609-A OF "THE
ADMINISTRATIVE CODE OF 1929" SHALL BE DISTRIBUTED AS FOLLOWS:
(1) TWELVE AND ONE-HALF PERCENT (12.5%) SHALL BE DEPOSITED
IN A RESTRICTED ACCOUNT WITHIN THE GENERAL FUND. THE MONEY IN
THE RESTRICTED ACCOUNT IS HEREBY APPROPRIATED ON A CONTINUING
BASIS TO THE DEPARTMENT OF HUMAN SERVICES FOR TRAINING OF
MANDATED REPORTERS OF CHILD ABUSE AND CHILD ABUSE RELATED COSTS.
(2) THIRTY-SEVEN AND ONE-HALF PERCENT (37.5%) SHALL BE
DEPOSITED IN A RESTRICTED ACCOUNT WITHIN THE GENERAL FUND. THE
MONEY IN THE RESTRICTED ACCOUNT IS HEREBY APPROPRIATED ON A
CONTINUING BASIS TO THE PENNSYLVANIA COMMISSION ON CRIME AND
DELINQUENCY FOR GRANTS FOR CHILD ADVOCACY CENTERS AND
MULTIDISCIPLINARY INVESTIGATIVE TEAMS.
(3) TWENTY-FIVE PERCENT (25%) SHALL BE DEPOSITED IN A
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RESTRICTED ACCOUNT WITHIN THE GENERAL FUND. THE MONEY IN THE
RESTRICTED ACCOUNT IS HEREBY APPROPRIATED ON A CONTINUING BASIS
TO THE DEPARTMENT FOR THE SOLE PURPOSE OF COSTS ASSOCIATED WITH
ISSUING CERTIFIED COPIES OF BIRTH RECORDS. ACCEPTABLE USES OF
THESE FUNDS ARE LIMITED TO THE SALARY, BENEFITS AND TRAINING
COSTS FOR AN EMPLOYEE IN THE DIVISION OF VITAL RECORDS ACTIVELY
INVOLVED IN THE ISSUANCE OF CERTIFIED COPIES OF BIRTH RECORDS.
(4) IF A LOCAL REGISTRAR IS INVOLVED IN THE ISSUANCE OF A
CERTIFIED COPY OF A BIRTH RECORD, AN AMOUNT EQUAL TO TWENTY
PERCENT (20%) OF THE FEE COLLECTED FOR THE CERTIFIED COPY SHALL
BE TRANSFERRED BY THE DEPARTMENT TO THE LOCAL REGISTRAR OR, IF
COLLECTED BY THE LOCAL REGISTRAR, RETAINED BY THE LOCAL
REGISTRAR.
(5) THE REMAINDER SHALL BE DEPOSITED IN THE GENERAL FUND.
(B) FUNDING UNDER SUBSECTION (A)(2) AND (3) MAY NOT BE USED
TO SUPPLANT FEDERAL, STATE OR LOCAL FUNDS OTHERWISE AVAILABLE
FOR CHILD ADVOCACY CENTERS AND MULTIDISCIPLINARY INVESTIGATIVE
TEAMS.
Section 404 405 . Birth Registration: Legislative Budget and
Finance Committee Study.--(a) Within one year of the effective
date of this section, the Legislative Budget and Finance
Committee shall produce and present a study concerning the
process of issuing birth certificates in this Commonwealth. The
study shall be presented to the President pro tempore of the
Senate, the Majority and Minority Leader of the Senate, the
chairperson and minority chairperson of the Health and Human
Services Committee of the Senate, the Speaker of the House of
Representatives, the Majority and Minority Leader of the House
of Representatives, the chairperson and minority chairperson of
the Health Committee of the House of Representatives and the
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Governor.
(b) The study shall, at a minimum, provide a review of the
following:
(1) The current process and recommendations for improving
the issuance of a certified copy of a birth record in this
Commonwealth.
(2) A review and recommendations on future requirements of
the costs associated with the issuance of a certified copy of a
birth record in this Commonwealth.
(3) A review and comparison of the birth certificate
issuance process used by states immediately adjacent to this
Commonwealth.
Section 3 4. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of
section 403(e) and (f) 404 of the act.
(2) Section 2303.1-B of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929,
is repealed.
Section 4 5. This act shall take effect in 60 days.
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