SENATE AMENDED
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PRIOR PRINTER'S NOS. 153, 2095, 2705, 3303 PRINTER'S NO. 4594
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 THOMPSON, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, NOVEMBER 8, 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 THE VITAL STATISTICS IMPROVEMENT ACCOUNT; and further <--
15 providing for local registrars' fees, for reports to county
16 registration commissions and for issuance of certificates of
17 death.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. The act of June 29, 1953 (P.L.304, No.66), known
21 as the Vital Statistics Law of 1953, is amended by adding a
22 section to read:
23 Section 206. Department: Transfer of Funds.--(a) The <--
1 department shall annually distribute the accrued funds received
2 pursuant to sections 304(b) and 804.1(b) 304(B) AND (C) AND <--
3 804.1 to the county coroner or medical examiner in the county
4 where the death occurred. The department shall promulgate
5 regulations regarding the collection, retention and distribution
6 of the fees received under sections 304(b) and 804.1(b) 304(B) <--
7 AND (C) AND 804.1.
8 (b) The department shall require any funds received by
9 county coroners or medical examiners under this section to be
10 used for the purposes of laboratory or necropsy room
11 modernization, including supplies, equipment, training and
12 office and laboratory facility improvement or the modernization
13 of equipment used for forensic investigation. The department may
14 promulgate regulations to implement this section including an
15 annual audit regarding the use of these funds, in addition to
16 any other annual audit performed at the county level.
17 SECTION 206. VITAL STATISTICS IMPROVEMENT ACCOUNT.--(A) <--
18 THERE IS HEREBY ESTABLISHED THE VITAL STATISTICS IMPROVEMENT
19 ACCOUNT AS A RESTRICTED ACCOUNT WITHIN THE GENERAL FUND.
20 (B) ALL MONEYS TRANSMITTED TO THE DEPARTMENT PURSUANT TO
21 SECTION 304(B) AND ONE DOLLAR ($1) OF EACH FEE RECEIVED PURSUANT
22 TO SECTION 804.1 SHALL BE PAID INTO THE VITAL STATISTICS
23 IMPROVEMENT ACCOUNT.
24 (C) MONEYS PAID INTO THE VITAL STATISTICS IMPROVEMENT
25 ACCOUNT ARE HEREBY APPROPRIATED UPON APPROVAL OF THE GOVERNOR TO
26 THE DEPARTMENT AND SHALL BE DISTRIBUTED AS FOLLOWS:
27 (1) BEGINNING WITH CALENDAR YEAR 2005 AND EACH CALENDAR YEAR
28 THEREAFTER, ONE-THIRD OF THE FUNDS TRANSMITTED TO THE DEPARTMENT
29 PURSUANT TO SECTION 304(B) DURING THE PRIOR CALENDAR YEAR AND
30 DEPOSITED IN THE VITAL STATISTICS IMPROVEMENT ACCOUNT AND ONE
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1 DOLLAR ($1) OF EACH FEE RECEIVED PURSUANT TO SECTION 804.1 IN
2 THE PRIOR CALENDAR YEAR AND DEPOSITED IN THE VITAL STATISTICS
3 IMPROVEMENT ACCOUNT SHALL BE DISTRIBUTED NOT LATER THAN JUNE 30,
4 2005, AND EACH JUNE 30 THEREAFTER, TO THE COUNTY CORONER OR
5 MEDICAL EXAMINER OF EACH COUNTY OF THIS COMMONWEALTH
6 PROPORTIONATE TO THE NUMBER OF DEATHS IN THE COUNTY AS A
7 PERCENTAGE OF THE TOTAL DEATHS OCCURRING IN THIS COMMONWEALTH IN
8 THE PRIOR CALENDAR YEAR. SUCH DISTRIBUTION SHALL NOT REQUIRE A
9 CONTRACT OR GRANT AGREEMENT.
10 (2) FUNDS REMAINING AFTER THE DISTRIBUTION UNDER PARAGRAPH
11 (1) SHALL BE RETAINED IN THE VITAL STATISTICS IMPROVEMENT
12 ACCOUNT AND SHALL BE USED FOR ADMINISTRATIVE EXPENSES OF THE
13 DEPARTMENT FOR IMPLEMENTING AND MAINTAINING THE SYSTEM FOR SUCH
14 PAYMENTS UNDER PARAGRAPH (1) AND FOR IMPROVEMENTS TO THE VITAL
15 STATISTICS SYSTEM.
16 (3) COUNTY CORONERS OR MEDICAL EXAMINERS SHALL USE THE FUNDS
17 RECEIVED UNDER THIS SECTION FOR THE PURPOSES OF LABORATORY OR
18 NECROPSY ROOM MODERNIZATION, INCLUDING SUPPLIES, EQUIPMENT,
19 TRAINING AND OFFICE AND LABORATORY FACILITY IMPROVEMENT OR THE
20 MODERNIZATION OF EQUIPMENT USED FOR FORENSIC INVESTIGATION.
21 Section 2. Section 304 of the act, amended December 20, 1991
22 (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
25 one dollar ($1) for each certificate transmitted in accordance
26 with the provisions of this act or for each report of no
27 certificates filed during any calendar month. The fees
28 prescribed by this section shall be paid by the Commonwealth
29 from funds appropriated to the department.
30 (b) Local registrars shall issue certificates of death from
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1 original certificates of death in their possession upon
2 completion of a period of instruction on the preparation of
3 certificates by representatives of the Division of Vital
4 Records. For each certificate issued, the local registrar shall
5 receive a fee of [two dollars ($2).] five dollars ($5) SIX <--
6 DOLLARS ($6) from the requester. Each fee received by a THE <--
7 local registrar shall be distributed as follows: four dollars <--
8 ($4) TWO DOLLARS ($2) THREE DOLLARS ($3) shall be retained by <--
9 the local registrar, EXCEPT AS PROVIDED FOR IN SUBSECTION (C), <--
10 and one dollar ($1) AND THREE DOLLARS ($3) shall be transmitted <--
11 to the department for distribution, WHICH SHALL DISTRIBUTE ONE <--
12 DOLLAR ($1) to the county coroner or medical examiner as
13 provided for in section 206. TRANSMITTED TO THE DEPARTMENT FOR <--
14 DEPOSIT IN THE VITAL STATISTICS IMPROVEMENT ACCOUNT.
15 [(c) A local registrar may not [receive] RETAIN an aggregate <--
16 amount of fees in excess of thirty-five thousand dollars
17 ($35,000) in any one calendar year.] UPON RECEIVING AN AGGREGATE <--
18 OF THIRTY-FIVE THOUSAND DOLLARS ($35,000) IN ONE CALENDAR YEAR,
19 (C) (1) A LOCAL REGISTRAR MAY NOT [RECEIVE AN AGGREGATE <--
20 AMOUNT OF FEES IN EXCESS OF THIRTY-FIVE THOUSAND DOLLARS
21 ($35,000) IN ANY ONE CALENDAR YEAR.] BE COMPENSATED IN EXCESS OF
22 SIXTY THOUSAND DOLLARS ($60,000) IN ANY ONE CALENDAR YEAR.
23 COMPENSATION SHALL INCLUDE FEES RECEIVED FROM THE DEPARTMENT
24 UNDER SUBSECTION (A) AND RETAINED FROM REQUESTERS UNDER
25 SUBSECTION (B).
26 (2) UPON REACHING THE LIMITATION ON COMPENSATION SET FORTH
27 UNDER CLAUSE (1) IN ANY ONE CALENDAR YEAR, THE LOCAL REGISTRAR
28 SHALL TRANSMIT ALL ADDITIONAL FEES RECEIVED UNDER SUBSECTION (B)
29 TO THE DEPARTMENT FOR DEPOSIT AS FOLLOWS: <--
30 (I) THREE DOLLARS ($3) SHALL BE DEPOSITED IN THE VITAL
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1 STATISTICS IMPROVEMENT FUND.
2 (II) THREE DOLLARS ($3) SHALL BE DEPOSITED IN THE GENERAL
3 FUND.
4 (d) Any regulation inconsistent with or contrary to the
5 provisions of this section is superseded.
6 Section 3. Section 801.1 of the act, added August 18, 1961
7 (P.L.1011, No.452), is amended to read:
8 Section 801.1. Records: Reports to County Registration
9 Commissions.--The department shall report monthly in writing to
10 the registration commission of each county the deaths of
11 residents of such counties, except residents less than [twenty]
12 eighteen years of age, for the preceding month. Said report
13 shall contain the full name of the decedent, his or her last
14 address, the date of his or her birth if available, and the date
15 of his or her death.
16 Section 4. The act is amended by adding a section to read:
17 Section 804.1. Records: Certified Copy of Death.--(a) Upon <--
18 application therefor and payment of a fee of five dollars ($5),
19 the department shall issue a certified copy of a certificate of
20 death.
21 (b) SECTION 804.1. DEPARTMENT OF HEALTH OFFICE ACTING IN <--
22 LIEU OF LOCAL REGISTRAR.--When there is no local registrar, upon
23 application thereof and payment of a fee of five dollars ($5) <--
24 NINE DOLLARS ($9), the local department office shall issue a <--
25 certificate of death. Each fee received by the local department
26 office shall be distributed as follows: four dollars ($4) EIGHT <--
27 DOLLARS ($8) shall be retained by the department DEPOSITED IN <--
28 THE GENERAL FUND and one dollar ($1) shall be retained by the
29 department for distribution to the county coroner or medical
30 examiner as provided for in section 206.
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1 Section 5. This act shall take effect in 90 60 days. <--
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