SENATE AMENDED
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PRIOR PRINTER'S NOS. 153, 2095, 2705 PRINTER'S NO. 3303
No. 138 Session of 2003
INTRODUCED BY PRIME SPONSOR WITHDREW, SCHRODER, STEIL, CORNELL,
YOUNGBLOOD, BUNT, CORRIGAN, DALEY, FICHTER, GOODMAN,
KIRKLAND, LaGROTTA, SAINATO, STERN, WATSON, McGILL,
McILHINNEY, WASHINGTON AND BENNINGHOFF, FEBRUARY 6, 2003
SENATOR MOWERY, PUBLIC HEALTH AND WELFARE, IN SENATE, AS
AMENDED, FEBRUARY 9, 2004
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," providing for Department of Health transfer of
14 funds; and further providing for local registrars' fees, for
15 reports to county registration commissions and for issuance
16 of certificates of death.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
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
1 pursuant to sections 304(b) and 804.1(b) 304(B) AND (C) AND <--
2 804.1 to the county coroner or medical examiner in the county
3 where the death occurred. The department shall promulgate
4 regulations regarding the collection, retention and distribution
5 of the fees received under sections 304(b) and 804.1(b) 304(B) <--
6 AND (C) AND 804.1.
7 (b) The department shall require any funds received by
8 county coroners or medical examiners under this section to be
9 used for the purposes of laboratory or necropsy room
10 modernization, including supplies, equipment, training and
11 office and laboratory facility improvement or the modernization
12 of equipment used for forensic investigation. The department may
13 promulgate regulations to implement this section including an
14 annual audit regarding the use of these funds, in addition to
15 any other annual audit performed at the county level.
16 Section 2. Section 304 of the act, amended December 20, 1991
17 (P.L.399, No.46), is amended to read:
18 Section 304. Registration Districts: Local Registrars'
19 Compensation.--(a) Each local registrar shall be paid a fee of
20 one dollar ($1) for each certificate transmitted in accordance
21 with the provisions of this act or for each report of no
22 certificates filed during any calendar month. The fees
23 prescribed by this section shall be paid by the Commonwealth
24 from funds appropriated to the department.
25 (b) Local registrars shall issue certificates of death from
26 original certificates of death in their possession upon
27 completion of a period of instruction on the preparation of
28 certificates by representatives of the Division of Vital
29 Records. For each certificate issued, the local registrar shall
30 receive a fee of [two dollars ($2).] five dollars ($5) from the
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1 requester. Each fee received by a local registrar shall be
2 distributed as follows: four dollars ($4) TWO DOLLARS ($2) shall <--
3 be retained by the local registrar, EXCEPT AS PROVIDED FOR IN <--
4 SUBSECTION (C), and one dollar ($1) THREE DOLLARS ($3) shall be <--
5 transmitted to the department for distribution, WHICH SHALL <--
6 DISTRIBUTE ONE DOLLAR ($1) to the county coroner or medical
7 examiner as provided for in section 206.
8 [(c) A local registrar may not [receive] RETAIN an aggregate <--
9 amount of fees in excess of thirty-five thousand dollars
10 ($35,000) in any one calendar year.] UPON RECEIVING AN AGGREGATE <--
11 OF THIRTY-FIVE THOUSAND DOLLARS ($35,000) IN ONE CALENDAR YEAR,
12 THE LOCAL REGISTRAR SHALL TRANSMIT ALL ADDITIONAL FEES RECEIVED
13 UNDER SUBSECTION (B) TO THE DEPARTMENT.
14 (d) Any regulation inconsistent with or contrary to the
15 provisions of this section is superseded.
16 Section 3. Section 801.1 of the act, added August 18, 1961
17 (P.L.1011, No.452), is amended to read:
18 Section 801.1. Records: Reports to County Registration
19 Commissions.--The department shall report monthly in writing to
20 the registration commission of each county the deaths of
21 residents of such counties, except residents less than [twenty]
22 eighteen years of age, for the preceding month. Said report
23 shall contain the full name of the decedent, his or her last
24 address, the date of his or her birth if available, and the date
25 of his or her death.
26 Section 4. The act is amended by adding a section to read:
27 Section 804.1. Records: Certified Copy of Death.--(a) Upon <--
28 application therefor and payment of a fee of five dollars ($5),
29 the department shall issue a certified copy of a certificate of
30 death.
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1 (b) SECTION 804.1. DEPARTMENT OF HEALTH OFFICE ACTING IN <--
2 LIEU OF LOCAL REGISTRAR.--When there is no local registrar, upon
3 application thereof and payment of a fee of five dollars ($5), <--
4 the local department office shall issue a certificate of death.
5 Each fee received by the local department office shall be
6 distributed as follows: four dollars ($4) shall be retained by
7 the department and one dollar ($1) shall be retained by the
8 department for distribution to the county coroner or medical
9 examiner as provided for in section 206.
10 Section 5. This act shall take effect in 90 days.
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