PRIOR PRINTER'S NO. 153 PRINTER'S NO. 2095
No. 138 Session of 2003
INTRODUCED BY BARD, SCHRODER, STEIL, CORNELL, YOUNGBLOOD, BUNT,
CORRIGAN, DALEY, FICHTER, GOODMAN, KIRKLAND, LaGROTTA,
SAINATO, STERN, WATSON, McGILL, McILHINNEY AND WASHINGTON,
FEBRUARY 6, 2003
AS REPORTED FROM COMMITTEE ON HEALTH AND HUMAN SERVICES, HOUSE
OF REPRESENTATIVES, AS AMENDED, JUNE 17, 2003
AN ACT
1 Amending the act of June 29, 1953 (P.L.304, No.66), entitled "An
2 act providing for the administration of a statewide system of
3 vital statistics; prescribing the functions of the State
4 Department of Health, the State Advisory Health Board and
5 local registrars; imposing duties upon coroners,
6 prothonotaries, clerks of orphans' court, physicians,
7 midwives and other persons; requiring reports and
8 certificates for the registration of vital statistics;
9 regulating the disposition of dead bodies; limiting the
10 disclosure of records; prescribing the sufficiency of vital
11 statistics records as evidence; prescribing fees and
12 penalties; and revising and consolidating the laws relating
13 thereto," further providing for registration districts and <--
14 compensation for registrars. PROVIDING FOR DEPARTMENT OF <--
15 HEALTH TRANSFER OF FUNDS; AND FURTHER PROVIDING FOR LOCAL
16 REGISTRARS' FEES, FOR REPORTS TO COUNTY REGISTRATION
17 COMMISSIONS AND FOR ISSUANCE OF CERTIFICATES OF DEATH.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 304 of the act of June 29, 1953 (P.L.304, <--
21 No.66), known as the Vital Statistics Law of 1953, amended
22 December 20, 1991 (P.L.399, No.46), is amended to read:
23 Section 304. Registration Districts: Local Registrars'
24 Compensation.--(a) Each local registrar shall be paid a fee of
1 [one dollar ($1)] two dollars ($2) for each certificate
2 transmitted in accordance with the provisions of this act or for
3 each report of no certificates filed during any calendar month.
4 The fees prescribed by this section shall be paid by the
5 Commonwealth from funds appropriated to the department.
6 (b) Local registrars shall issue certificates of death from
7 original certificates of death in their possession upon
8 completion of a period of instruction on the preparation of
9 certificates by representatives of the Division of Vital
10 Records. For each certificate issued, the local registrar shall
11 receive a fee of two dollars ($2).
12 (c) A local registrar may not receive an aggregate amount of
13 fees in excess of [thirty-five thousand dollars ($35,000)]
14 forty-six thousand five hundred dollars ($46,500) in any one
15 calendar year.
16 (d) Any regulation inconsistent with or contrary to the
17 provisions of this section is superseded.
18 Section 2. This act shall take effect in 60 days.
19 SECTION 1. THE ACT OF JUNE 29, 1953 (P.L.304, NO.66), KNOWN <--
20 AS THE VITAL STATISTICS LAW OF 1953, IS AMENDED BY ADDING A
21 SECTION TO READ:
22 SECTION 206. DEPARTMENT: TRANSFER OF FUNDS.--(A) THE
23 DEPARTMENT SHALL ANNUALLY DISTRIBUTE THE ACCRUED FUNDS RECEIVED
24 PURSUANT TO SECTIONS 304(B) AND 804.1(B) TO THE COUNTY CORONER
25 OR MEDICAL EXAMINER IN THE COUNTY WHERE THE DEATH OCCURRED. THE
26 DEPARTMENT SHALL PROMULGATE REGULATIONS REGARDING THE
27 COLLECTION, RETENTION AND DISTRIBUTION OF THE FEES RECEIVED
28 UNDER SECTIONS 304(B) AND 804.1(B).
29 (B) THE DEPARTMENT SHALL REQUIRE ANY FUNDS RECEIVED BY
30 COUNTY CORONERS OR MEDICAL EXAMINERS UNDER THIS SECTION TO BE
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1 USED FOR THE PURPOSES OF LABORATORY OR NECROPSY ROOM
2 MODERNIZATION, INCLUDING SUPPLIES, EQUIPMENT, TRAINING AND
3 OFFICE AND LABORATORY FACILITY IMPROVEMENT OR THE MODERNIZATION
4 OF EQUIPMENT USED FOR FORENSIC INVESTIGATION. THE DEPARTMENT MAY
5 PROMULGATE REGULATIONS TO IMPLEMENT THIS SECTION INCLUDING AN
6 ANNUAL AUDIT REGARDING THE USE OF THESE FUNDS, IN ADDITION TO
7 ANY OTHER ANNUAL AUDIT PERFORMED AT THE COUNTY LEVEL.
8 SECTION 2. SECTION 304 OF THE ACT, AMENDED DECEMBER 20, 1991
9 (P.L.399, NO.46), IS AMENDED TO READ:
10 SECTION 304. REGISTRATION DISTRICTS: LOCAL REGISTRARS'
11 COMPENSATION.--(A) EACH LOCAL REGISTRAR SHALL BE PAID A FEE OF
12 ONE DOLLAR ($1) FOR EACH CERTIFICATE TRANSMITTED IN ACCORDANCE
13 WITH THE PROVISIONS OF THIS ACT OR FOR EACH REPORT OF NO
14 CERTIFICATES FILED DURING ANY CALENDAR MONTH. THE FEES
15 PRESCRIBED BY THIS SECTION SHALL BE PAID BY THE COMMONWEALTH
16 FROM FUNDS APPROPRIATED TO THE DEPARTMENT.
17 (B) LOCAL REGISTRARS SHALL ISSUE CERTIFICATES OF DEATH FROM
18 ORIGINAL CERTIFICATES OF DEATH IN THEIR POSSESSION UPON
19 COMPLETION OF A PERIOD OF INSTRUCTION ON THE PREPARATION OF
20 CERTIFICATES BY REPRESENTATIVES OF THE DIVISION OF VITAL
21 RECORDS. FOR EACH CERTIFICATE ISSUED, THE LOCAL REGISTRAR SHALL
22 RECEIVE A FEE OF [TWO DOLLARS ($2).] FIVE DOLLARS ($5) FROM THE
23 REQUESTER. EACH FEE RECEIVED BY A LOCAL REGISTRAR SHALL BE
24 DISTRIBUTED AS FOLLOWS: FOUR DOLLARS ($4) SHALL BE RETAINED BY
25 THE LOCAL REGISTRAR, EXCEPT AS PROVIDED FOR IN SUBSECTION (C),
26 AND ONE DOLLAR ($1) SHALL BE TRANSMITTED TO THE DEPARTMENT FOR
27 DISTRIBUTION TO THE COUNTY CORONER OR MEDICAL EXAMINER AS
28 PROVIDED FOR IN SECTION 206.
29 (C) A LOCAL REGISTRAR MAY NOT RECEIVE AN AGGREGATE AMOUNT OF
30 FEES IN EXCESS OF [THIRTY-FIVE THOUSAND DOLLARS ($35,000)]
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1 FORTY-SIX THOUSAND FIVE HUNDRED DOLLARS ($46,500) IN ANY ONE
2 CALENDAR YEAR. UPON RECEIVING AN AGGREGATE OF FORTY-SIX THOUSAND
3 FIVE HUNDRED DOLLARS ($46,500) IN FEES IN ONE CALENDAR YEAR, THE
4 LOCAL REGISTRAR SHALL TRANSMIT THE FEE IT IS AUTHORIZED TO
5 RETAIN UNDER SUBSECTION (B) TO THE DEPARTMENT.
6 (D) ANY REGULATION INCONSISTENT WITH OR CONTRARY TO THE
7 PROVISIONS OF THIS SECTION IS SUPERSEDED.
8 SECTION 3. SECTION 801.1 OF THE ACT, ADDED AUGUST 18, 1961
9 (P.L.1011, NO.452), IS AMENDED TO READ:
10 SECTION 801.1. RECORDS: REPORTS TO COUNTY REGISTRATION
11 COMMISSIONS.--THE DEPARTMENT SHALL REPORT MONTHLY IN WRITING TO
12 THE REGISTRATION COMMISSION OF EACH COUNTY THE DEATHS OF
13 RESIDENTS OF SUCH COUNTIES, EXCEPT RESIDENTS LESS THAN [TWENTY]
14 EIGHTEEN YEARS OF AGE, FOR THE PRECEDING MONTH. SAID REPORT
15 SHALL CONTAIN THE FULL NAME OF THE DECEDENT, HIS OR HER LAST
16 ADDRESS, THE DATE OF HIS OR HER BIRTH IF AVAILABLE, AND THE DATE
17 OF HIS OR HER DEATH.
18 SECTION 4. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
19 SECTION 804.1. RECORDS: CERTIFIED COPY OF DEATH.--(A) UPON
20 APPLICATION THEREFOR AND PAYMENT OF A FEE OF FIVE DOLLARS ($5),
21 THE DEPARTMENT SHALL ISSUE A CERTIFIED COPY OF A CERTIFICATE OF
22 DEATH.
23 (B) WHEN THERE IS NO LOCAL REGISTRAR, UPON APPLICATION
24 THEREOF AND PAYMENT OF A FEE OF FIVE DOLLARS ($5), THE LOCAL
25 DEPARTMENT OFFICE SHALL ISSUE A CERTIFICATE OF DEATH. EACH FEE
26 RECEIVED BY THE LOCAL DEPARTMENT OFFICE SHALL BE DISTRIBUTED AS
27 FOLLOWS: FOUR DOLLARS ($4) SHALL BE RETAINED BY THE DEPARTMENT
28 AND ONE DOLLAR ($1) SHALL BE RETAINED BY THE DEPARTMENT FOR
29 DISTRIBUTION TO THE COUNTY CORONER OR MEDICAL EXAMINER AS
30 PROVIDED FOR IN SECTION 206.
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1 SECTION 5. THIS ACT SHALL TAKE EFFECT IN 90 DAYS.
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