Regular Session 2017-2018 House Bill 0084 P.N. 3690

PRIOR PRINTER'S NOS. 3137, 3553

PRINTER'S NO. 3690

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

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, GILLEN

AND KLUNK, MARCH 13, 2018

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

JUNE 13, 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, FOR OPTIONAL CITY AND

COUNTY ISSUANCE and for Legislative Budget and Finance

Committee study; IN RECORDS, FURTHER PROVIDING FOR DISCLOSURE

BY LOCAL REGISTRARS; and making a related repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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

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read:

Section 304. Registration Districts: Local Registrars'

Compensation.--* * *

(b.1) Local registrars may RECEIVE AND PROCESS APPLICATIONS

FOR OR issue certified copies of a birth record in a manner

prescribed by the department or the Division of Vital Records .

The local registrar shall RECEIVE OR retain the percentage

allocated under section 404 for each APPLICATION PROCESSED OR

certificate issued.

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.

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(e) Upon reaching the limitation on compensation set forth

under subsection (c)(1.1) in any one calendar year, additional

fees shall be transmitted to the General Fund.

Section 2. Section 403(d) of the act is amended to read:

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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."

Section 3. The act is amended by adding 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

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 TO:

(I) THE SALARY, BENEFITS AND TRAINING costs for an employee

in the Division of Vital Records DEPARTMENT actively involved in

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the AMENDMENT OR issuance of certified copies of birth records . ;

AND

(II) MATERIALS DIRECTLY UTILIZED IN CONJUNCTION WITH THE

AMENDMENT OR ISSUANCE OF A CERTIFIED COPY OF A BIRTH RECORD,

INCLUDING COMPUTER HARDWARE AND SOFTWARE, PAPER AND POSTAGE.

(4) If a local registrar is involved in the issuance of a

certified copy of a birth record OR ACCEPTS AND ENTERS AN

APPLICATION FOR A CERTIFIED COPY OF A BIRTH RECORD THAT IS

SUBSEQUENTLY ISSUED BY THE DEPARTMENT , 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) (A)(1) AND (2)

may not be used to supplant Federal, State or local funds

otherwise available for child advocacy centers and

multidisciplinary investigative teams.

SECTION 405. BIRTH REGISTRATION: OPTIONAL CITY AND COUNTY

ISSUANCE.-- THE DEPARTMENT MAY COLLABORATE WITH A CITY BOARD OF

HEALTH OR COUNTY DEPARTMENT OF HEALTH OR THE OFFICE OF A COUNTY

OFFICER, OR COUNTERPART PERSONNEL IN COUNTIES HAVING A HOME RULE

CHARTER OR OPTIONAL FORM OF GOVERNMENT, UNDER ARTICLE XIII OF

THE ACT OF AUGUST 9, 1955 (P.L.323, NO.130), KNOWN AS "THE

COUNTY CODE," OR ARTICLE XIII OF THE ACT OF JULY 28, 1953

(P.L.723, NO.230), KNOWN AS THE "SECOND CLASS COUNTY CODE," IN

THE ISSUANCE OF A CERTIFIED COPY OF A BIRTH RECORD. AN OFFICE OF

A CITY OR COUNTY OFFICIAL SO COLLABORATING MAY CHARGE AND RETAIN

A FEE OF NO MORE THAN FIVE DOLLARS ($5) FOR EACH CERTIFIED COPY

OF A BIRTH RECORD ISSUED IN COLLABORATION WITH THE DEPARTMENT.

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Section 405 406 . 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

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 4. SECTION 809(B)(2) OF THE ACT IS AMENDED TO READ:

SECTION 809. RECORDS: DISCLOSURE BY LOCAL REGISTRARS.--* * *

(B) * * *

(2) AFTER THE ORIGINAL CERTIFICATE OF DEATH HAS BEEN

TRANSMITTED TO THE DEPARTMENT, THE LOCAL REGISTRAR MAY ISSUE A

COPY OF A CERTIFIED COPY OF THE ORIGINAL CERTIFICATE OF DEATH OR

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PART THEREOF WHICH IS IN HIS POSSESSION [FOR NINETY (90) DAYS

AFTER ISSUANCE OF THE ORIGINAL CERTIFICATE OF DEATH].

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Section 4 5. Repeals are as follows:

(1) The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the addition of

section 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 5 6. This act shall take effect in 60 days.

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