HF 4002

as introduced - 89th Legislature (2015 - 2016) Posted on 05/12/2016 08:28am

A bill for an act
relating to health; waiving the fee for a certified birth record for certain
circumstance; amending Minnesota Statutes 2014, section 144.225, subdivision 7.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 144.225, subdivision 7, is amended to read:

Subd. 7.

Certified birth or death record.

(a) The state registrar or local issuance
office shall issue a certified birth or death record or a statement of no vital record found to
an individual upon the individual's proper completion of an attestation provided by the
commissioner and payment of the required fee:

(1) to a person who has a tangible interest in the requested vital record. A person
who has a tangible interest is:

(i) the subject of the vital record;

(ii) a child of the subject;

(iii) the spouse of the subject;

(iv) a parent of the subject;

(v) the grandparent or grandchild of the subject;

(vi) if the requested record is a death record, a sibling of the subject;

(vii) the party responsible for filing the vital record;

(viii) the legal custodian, guardian or conservator, or health care agent of the subject;

(ix) a personal representative, by sworn affidavit of the fact that the certified copy is
required for administration of the estate;

(x) a successor of the subject, as defined in section 524.1-201, if the subject is
deceased, by sworn affidavit of the fact that the certified copy is required for administration
of the estate;

(xi) if the requested record is a death record, a trustee of a trust by sworn affidavit of
the fact that the certified copy is needed for the proper administration of the trust;

(xii) a person or entity who demonstrates that a certified vital record is necessary for
the determination or protection of a personal or property right, pursuant to rules adopted
by the commissioner; or

(xiii) an adoption agency in order to complete confidential postadoption searches as
required by section 259.83;

(2) to any local, state, or federal governmental agency upon request if the certified
vital record is necessary for the governmental agency to perform its authorized duties;

(3) to an attorney upon evidence of the attorney's license;

(4) pursuant to a court order issued by a court of competent jurisdiction. For
purposes of this section, a subpoena does not constitute a court order; or

(5) to a representative authorized by a person under clauses (1) to (4).

(b) The state registrar or local issuance office shall also issue a certified death record
to an individual described in paragraph (a), clause (1), items (ii) to (viii), if, on behalf of
the individual, a licensed mortician furnishes the registrar with a properly completed
attestation in the form provided by the commissioner within 180 days of the time of
death of the subject of the death record. This paragraph is not subject to the requirements
specified in Minnesota Rules, part 4601.2600, subpart 5, item B.

new text begin (c) Payment of the required fee for a certified birth record is waived when
the certified birth record is needed to meet a requirement of schools for students in
prekindergarten through grade 12 or postsecondary educational institutions.
new text end