HF 1947

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; modifying the Vital Statistics 
  1.3             Act; modifying access to adoption records; providing 
  1.4             criminal penalties; amending Minnesota Statutes 2000, 
  1.5             sections 144.212, subdivisions 2a, 3, 5, 7, 8, 9, and 
  1.6             11; 144.214, subdivisions 1, 3, and 4; 144.215, 
  1.7             subdivisions 1, 3, 4, 6, and 7; 144.217; 144.218; 
  1.8             144.221, subdivisions 1 and 3; 144.222, subdivision 2; 
  1.9             144.223; 144.225, subdivisions 1, 2, 3, 4, and 7; 
  1.10            144.226, subdivisions 1 and 3; 144.227; and 260C.317, 
  1.11            subdivision 4; proposing coding for new law in 
  1.12            Minnesota Statutes, chapter 144; repealing Minnesota 
  1.13            Statutes 2000, sections 144.1761; 144.217, subdivision 
  1.14            4; and 144.219. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 2000, section 144.212, 
  1.17  subdivision 2a, is amended to read: 
  1.18     Subd. 2a.  [DELAYED REGISTRATION.] "Delayed registration" 
  1.19  means registration of a certificate record of birth or death 
  1.20  filed one or more years after the date established by law for 
  1.21  filing a certificate of birth or death. 
  1.22     Sec. 2.  Minnesota Statutes 2000, section 144.212, 
  1.23  subdivision 3, is amended to read: 
  1.24     Subd. 3.  [FILE.] "File" means to present a vital record or 
  1.25  report for registration to the office of the state registrar and 
  1.26  to have the vital record or report accepted for registration by 
  1.27  the office of the state registrar. 
  1.28     Sec. 3.  Minnesota Statutes 2000, section 144.212, 
  1.29  subdivision 5, is amended to read: 
  1.30     Subd. 5.  [REGISTRATION.] "Registration" means the 
  2.1   acceptance of a vital record for filing by a registrar of vital 
  2.2   statistics process by which vital records are completed, filed, 
  2.3   and incorporated into the official records of the office of the 
  2.4   state registrar. 
  2.5      Sec. 4.  Minnesota Statutes 2000, section 144.212, 
  2.6   subdivision 7, is amended to read: 
  2.7      Subd. 7.  [SYSTEM OF VITAL STATISTICS.] "System of vital 
  2.8   statistics" includes the registration, collection, preservation, 
  2.9   amendment, and certification of vital records, the collection of 
  2.10  other reports required by sections 144.211 to 144.227, and 
  2.11  related activities including the tabulation, analysis and, 
  2.12  publication, and dissemination of vital statistics. 
  2.13     Sec. 5.  Minnesota Statutes 2000, section 144.212, 
  2.14  subdivision 8, is amended to read: 
  2.15     Subd. 8.  [VITAL RECORD.] "Vital record" means certificates 
  2.16  or reports a record or report of birth, death, marriage, 
  2.17  dissolution and annulment, and data related thereto. 
  2.18     Sec. 6.  Minnesota Statutes 2000, section 144.212, 
  2.19  subdivision 9, is amended to read: 
  2.20     Subd. 9.  [VITAL STATISTICS.] "Vital statistics" means the 
  2.21  data derived from certificates and records and reports of birth, 
  2.22  death, fetal death, induced abortion, marriage, dissolution and 
  2.23  annulment, and related reports. 
  2.24     Sec. 7.  Minnesota Statutes 2000, section 144.212, 
  2.25  subdivision 11, is amended to read: 
  2.26     Subd. 11.  [CONSENT TO DISCLOSURE.] "Consent to disclosure" 
  2.27  means an affidavit filed with the state registrar which sets 
  2.28  forth the following information: 
  2.29     (a) (1) the current name and address of the affiant; 
  2.30     (b) (2) any previous name by which the affiant was known; 
  2.31     (c) (3) the original and adopted names, if known, of the 
  2.32  adopted child whose original birth certificate record is to be 
  2.33  disclosed; 
  2.34     (d) (4) the place and date of birth of the adopted child; 
  2.35     (e) (5) the biological relationship of the affiant to the 
  2.36  adopted child; and 
  3.1      (f) (6) the affiant's consent to disclosure of information 
  3.2   from the original unaltered birth certificate record of the 
  3.3   adopted child. 
  3.4      Sec. 8.  Minnesota Statutes 2000, section 144.214, 
  3.5   subdivision 1, is amended to read: 
  3.6      Subdivision 1.  [DISTRICTS.] Each county The counties of 
  3.7   the state, and the city of St. Paul, shall constitute the 88 87 
  3.8   registration districts of the state.  The A local registrar in 
  3.9   each county shall be the court administrator of district court 
  3.10  in that county designated by the county board of commissioners.  
  3.11  The local registrar in any city which maintains local 
  3.12  registration of vital statistics shall be the agent of a board 
  3.13  of health as authorized under section 145A.04.  In addition, the 
  3.14  state registrar may establish registration districts on United 
  3.15  States government reservations, and may appoint a local 
  3.16  registrar for each registration district so established. 
  3.17     Sec. 9.  Minnesota Statutes 2000, section 144.214, 
  3.18  subdivision 3, is amended to read: 
  3.19     Subd. 3.  [DUTIES.] The local registrar shall examine each 
  3.20  certificate of birth and death received pursuant to the rules of 
  3.21  the commissioner.  If the certificate is complete it shall be 
  3.22  registered.  The local registrar shall enforce the provisions of 
  3.23  sections 144.211 to 144.227 and the rules promulgated thereunder 
  3.24  within the registration district, and shall promptly report 
  3.25  violations of the laws or rules to the state registrar. 
  3.26     Sec. 10.  Minnesota Statutes 2000, section 144.214, 
  3.27  subdivision 4, is amended to read: 
  3.28     Subd. 4.  [DESIGNATED MORTICIANS.] The state registrar may 
  3.29  designate licensed morticians to receive records of death for 
  3.30  filing certificates of death, to issue burial permits, and to 
  3.31  issue permits for the transportation of dead bodies or dead 
  3.32  fetuses within a designated territory.  The designated 
  3.33  morticians shall perform duties as prescribed by rule of the 
  3.34  commissioner. 
  3.35     Sec. 11.  Minnesota Statutes 2000, section 144.215, 
  3.36  subdivision 1, is amended to read: 
  4.1      Subdivision 1.  [WHEN AND WHERE TO FILE.] A certificate 
  4.2   record of birth for each live birth which occurs in this state 
  4.3   shall be filed with the state registrar or the local registrar 
  4.4   of the district in which the birth occurred, within five days 
  4.5   after the birth. 
  4.6      Sec. 12.  Minnesota Statutes 2000, section 144.215, 
  4.7   subdivision 3, is amended to read: 
  4.8      Subd. 3.  [FATHER'S NAME; CHILD'S NAME.] In any case in 
  4.9   which paternity of a child is determined by a court of competent 
  4.10  jurisdiction, a declaration of parentage is executed under 
  4.11  section 257.34, or a recognition of parentage is executed under 
  4.12  section 257.75, the name of the father shall be entered on the 
  4.13  birth certificate record.  If the order of the court declares 
  4.14  the name of the child, it shall also be entered on the birth 
  4.15  certificate record.  If the order of the court does not declare 
  4.16  the name of the child, or there is no court order, then upon the 
  4.17  request of both parents in writing, the surname of the child 
  4.18  shall be that of the father defined by both parents. 
  4.19     Sec. 13.  Minnesota Statutes 2000, section 144.215, 
  4.20  subdivision 4, is amended to read: 
  4.21     Subd. 4.  [SOCIAL SECURITY NUMBER REGISTRATION.] (a) 
  4.22  Parents of a child born within this state shall give their the 
  4.23  parents' social security numbers to the office of vital 
  4.24  statistics the state registrar at the time of filing the birth 
  4.25  certificate record, but the numbers shall not appear on the 
  4.26  certificate. 
  4.27     (b) The social security numbers are classified as private 
  4.28  data, as defined in section 13.02, subdivision 12, on 
  4.29  individuals, but the office of vital statistics the state 
  4.30  registrar shall provide the a social security number to the 
  4.31  public authority responsible for child support services upon 
  4.32  request by the public authority for use in the establishment of 
  4.33  parentage and the enforcement of child support obligations. 
  4.34     Sec. 14.  Minnesota Statutes 2000, section 144.215, 
  4.35  subdivision 6, is amended to read: 
  4.36     Subd. 6.  [BIRTHS OCCURRING OUTSIDE AN INSTITUTION.] When a 
  5.1   birth occurs outside of an institution as defined in subdivision 
  5.2   5, the certificate record of birth shall be prepared and filed 
  5.3   by one of the following persons, in the indicated order of 
  5.4   preference: 
  5.5      (1) the physician present at the time of the birth or 
  5.6   immediately thereafter; 
  5.7      (2) in the absence of a physician, a person, other than the 
  5.8   mother, present at the time of the birth or immediately 
  5.9   thereafter; 
  5.10     (3) the father or mother of the child; or 
  5.11     (4) in the absence of the father and if the mother is 
  5.12  unable, the person with primary responsibility for the premises 
  5.13  where the child was born. 
  5.14     Sec. 15.  Minnesota Statutes 2000, section 144.215, 
  5.15  subdivision 7, is amended to read: 
  5.16     Subd. 7.  [EVIDENCE REQUIRED TO REGISTER A NONINSTITUTION 
  5.17  BIRTH WITHIN THE FIRST YEAR OF BIRTH.] When a birth occurs in 
  5.18  this state outside of an institution, as defined in subdivision 
  5.19  5, and the birth certificate record is filed before the first 
  5.20  birthday, evidence in support of the facts of birth shall be 
  5.21  required when neither the state nor local registrar has personal 
  5.22  knowledge regarding the facts of birth.  Evidence shall be 
  5.23  presented by the individual responsible for filing 
  5.24  the certificate vital record under subdivision 6.  Evidence 
  5.25  shall consist of proof that the child was born alive, proof of 
  5.26  pregnancy, or and evidence of the mother's presence in this 
  5.27  state on the date of the birth.  If the evidence is not 
  5.28  acceptable, the state registrar shall advise the applicant of 
  5.29  the reason for not filing a birth certificate record and shall 
  5.30  further advise the applicant of the right of appeal to a court 
  5.31  of competent jurisdiction. 
  5.32     Sec. 16.  Minnesota Statutes 2000, section 144.217, is 
  5.33  amended to read: 
  5.34     144.217 [DELAYED CERTIFICATES RECORDS OF BIRTH.] 
  5.35     Subdivision 1.  [EVIDENCE REQUIRED FOR FILING.] Before a 
  5.36  delayed certificate record of birth is registered, the person 
  6.1   presenting the delayed certificate vital record for registration 
  6.2   shall offer evidence of the facts contained in the certificate 
  6.3   vital record, as required by the rules of the commissioner. In 
  6.4   the absence of the evidence required, the delayed certificate 
  6.5   vital record shall not be registered.  No delayed record of 
  6.6   birth shall be registered for a deceased person. 
  6.7      Subd. 2.  [COURT PETITION.] If a delayed certificate record 
  6.8   of birth is rejected under subdivision 1, a person may petition 
  6.9   the appropriate court for an order establishing a record of the 
  6.10  date and place of the birth and the parentage of the person 
  6.11  whose birth is to be registered. The petition shall state: 
  6.12     (a) (1) that the person for whom a delayed 
  6.13  certificate record of birth is sought was born in this state; 
  6.14     (b) (2) that no certificate record of birth can be found in 
  6.15  the office of the state or local registrar; 
  6.16     (c) (3) that diligent efforts by the petitioner have failed 
  6.17  to obtain the evidence required in subdivision 1; 
  6.18     (d) (4) that the state registrar has refused to register a 
  6.19  delayed certificate record of birth; and 
  6.20     (e) (5) other information as may be required by the court. 
  6.21     Subd. 3.  [COURT ORDER.] The court shall fix a time and 
  6.22  place for a hearing on the petition and shall give the state 
  6.23  registrar ten days' notice of the hearing.  The state registrar 
  6.24  may appear and testify in the proceeding. If the court is 
  6.25  satisfied from the evidence received at the hearing of the truth 
  6.26  of the statements in the petition, the court shall order the 
  6.27  registration of the delayed certificate vital record. 
  6.28     Subd. 4.  [FILING THE ORDER.] A certified copy of the order 
  6.29  shall be filed with the state registrar, who shall forward a 
  6.30  copy to the local registrar in the district of birth.  Certified 
  6.31  copies of the order shall be evidence of the truth of their 
  6.32  contents and be admissible as birth certificates. 
  6.33     Sec. 17.  Minnesota Statutes 2000, section 144.218, is 
  6.34  amended to read: 
  6.35     144.218 [REPLACEMENT CERTIFICATES OF BIRTH RECORDS.] 
  6.36     Subdivision 1.  [ADOPTION.] Upon receipt of a certified 
  7.1   copy of an order, decree, or certificate of adoption, the state 
  7.2   registrar shall register a replacement certificate vital record 
  7.3   in the new name of the adopted person.  The original certificate 
  7.4   record of birth and the certified copy are is confidential 
  7.5   pursuant to section 13.02, subdivision 3, and shall not be 
  7.6   disclosed except pursuant to court order or section 144.1761 
  7.7   144.2252.  A certified copy of the original birth certificate 
  7.8   from which the registration number has been deleted and which 
  7.9   has been marked "Not for Official Use," or The information 
  7.10  contained on the original birth certificate, except for the 
  7.11  registration number, record shall be provided on request to a 
  7.12  parent who is named on the original birth certificate record.  
  7.13  Upon the receipt of a certified copy of a court order of 
  7.14  annulment of adoption the state registrar shall restore the 
  7.15  original certificate vital record to its original place in the 
  7.16  file. 
  7.17     Subd. 2.  [ADOPTION OF FOREIGN PERSONS.] In proceedings for 
  7.18  the adoption of a person who was born in a foreign country, the 
  7.19  court, upon evidence presented by the commissioner of human 
  7.20  services from information secured at the port of entry, or upon 
  7.21  evidence from other reliable sources, may make findings of fact 
  7.22  as to the date and place of birth and parentage.  Upon receipt 
  7.23  of certified copies of the court findings and the order or 
  7.24  decree of adoption, a certificate of adoption, or a certified 
  7.25  copy of a decree issued under section 259.60, the state 
  7.26  registrar shall register a birth certificate record in the new 
  7.27  name of the adopted person.  The certified copies of the court 
  7.28  findings and the order, or decree of adoption, certificate of 
  7.29  adoption, or decree issued under section 259.60 are 
  7.30  confidential, pursuant to section 13.02, subdivision 3, and 
  7.31  shall not be disclosed except pursuant to court order or section 
  7.32  144.1761 144.2252.  The birth certificate record shall state the 
  7.33  place of birth as specifically as possible, and that 
  7.34  the certificate vital record is not evidence of United States 
  7.35  citizenship. 
  7.36     Subd. 3.  [SUBSEQUENT MARRIAGE OF BIRTH PARENTS.] If, in 
  8.1   cases in which a certificate record of birth has been registered 
  8.2   pursuant to section 144.215 and the birth parents of the child 
  8.3   marry after the birth of the child, a replacement certificate 
  8.4   record of birth shall be registered upon presentation of a 
  8.5   certified copy of the marriage certificate of the birth parents, 
  8.6   and either a recognition of parentage or court adjudication of 
  8.7   paternity.  The information presented and the original 
  8.8   certificate record of birth are is confidential, pursuant to 
  8.9   section 13.02, subdivision 3, and shall not be disclosed except 
  8.10  pursuant to court order. 
  8.11     Subd. 4.  [INCOMPLETE, INCORRECT, AND MODIFIED CERTIFICATES 
  8.12  VITAL RECORDS.] If a court finds that a birth certificate record 
  8.13  is incomplete, inaccurate, or false, or if it is being issued 
  8.14  pursuant to section 259.10, subdivision 2, it the court may 
  8.15  order the registration of a replacement certificate vital 
  8.16  record, and, if necessary, set forth the correct information in 
  8.17  the order.  Upon receipt of the order, the state registrar shall 
  8.18  register a replacement certificate vital record containing the 
  8.19  findings of the court, and.  The prior certificate vital record 
  8.20  shall be confidential pursuant to section 13.02, subdivision 3, 
  8.21  and shall not be disclosed except pursuant to court order. 
  8.22     Subd. 5.  [REPLACEMENT OF VITAL RECORDS.] Upon the order of 
  8.23  a court of this state, upon the request of a court of another 
  8.24  state, upon the filing of a declaration of parentage under 
  8.25  section 257.34, or upon the filing of a recognition of parentage 
  8.26  with a registrar, a replacement birth record must be registered 
  8.27  consistent with the findings of the court, the declaration of 
  8.28  parentage, or the recognition of parentage. 
  8.29     Sec. 18.  Minnesota Statutes 2000, section 144.221, 
  8.30  subdivision 1, is amended to read: 
  8.31     Subdivision 1.  [WHEN AND WHERE TO FILE.] A death 
  8.32  certificate record for each death which occurs in the state 
  8.33  shall be filed with the state registrar or local registrar of 
  8.34  the district in which the death occurred or with a mortician 
  8.35  appointed designated pursuant to section 144.214, subdivision 4, 
  8.36  within five days after death and prior to final disposition. 
  9.1      Sec. 19.  Minnesota Statutes 2000, section 144.221, 
  9.2   subdivision 3, is amended to read: 
  9.3      Subd. 3.  [WHEN NO BODY IS FOUND.] When circumstances 
  9.4   suggest that a death has occurred although a dead body cannot be 
  9.5   produced to confirm the fact of death, a death certificate 
  9.6   record shall not be registered until a court has adjudicated the 
  9.7   fact of death.  A certified copy of the court finding shall be 
  9.8   attached to the death certificate when it is registered. 
  9.9      Sec. 20.  Minnesota Statutes 2000, section 144.222, 
  9.10  subdivision 2, is amended to read: 
  9.11     Subd. 2.  [SUDDEN INFANT DEATH.] Each infant death which is 
  9.12  diagnosed as sudden infant death syndrome shall be 
  9.13  reported promptly within five days to the state registrar.  
  9.14     Sec. 21.  Minnesota Statutes 2000, section 144.223, is 
  9.15  amended to read: 
  9.16     144.223 [REPORT OF MARRIAGE.] 
  9.17     Data relating to certificates of marriage registered shall 
  9.18  be reported to the state registrar by the local 
  9.19  registrars responsible authority in each of the 87 registration 
  9.20  districts pursuant to the rules of the commissioner.  The 
  9.21  information in clause (1) necessary to compile the report shall 
  9.22  be furnished by the applicant prior to the issuance of the 
  9.23  marriage license.  The report shall contain the following 
  9.24  information: 
  9.25     A. (1) personal information on bride and groom: 
  9.26     1. (i) name; 
  9.27     2. (ii) residence; 
  9.28     3. (iii) date and place of birth; 
  9.29     4. (iv) race; 
  9.30     5. (v) if previously married, how terminated; and 
  9.31     6. (vi) signature of applicant and, date signed, and social 
  9.32  security number.; and 
  9.33     B. (2) information concerning the marriage: 
  9.34     1. (i) date of marriage; 
  9.35     2. (ii) place of marriage; and 
  9.36     3. (iii) civil or religious ceremony. 
 10.1      Sec. 22.  Minnesota Statutes 2000, section 144.225, 
 10.2   subdivision 1, is amended to read: 
 10.3      Subdivision 1.  [PUBLIC INFORMATION; ACCESS TO VITAL 
 10.4   RECORDS.] Except as otherwise provided for in this section and 
 10.5   section 144.1761 144.2252, information contained in vital 
 10.6   records shall be public information.  Physical access to vital 
 10.7   records shall be subject to the supervision and regulation of 
 10.8   state and local registrars and their employees pursuant to rules 
 10.9   promulgated by the commissioner in order to protect vital 
 10.10  records from loss, mutilation or destruction and to prevent 
 10.11  improper disclosure of vital records which are confidential or 
 10.12  private data on individuals, as defined in section 13.02, 
 10.13  subdivisions 3 and 12. 
 10.14     Sec. 23.  Minnesota Statutes 2000, section 144.225, 
 10.15  subdivision 2, is amended to read: 
 10.16     Subd. 2.  [DATA ABOUT BIRTHS.] (a) Except as otherwise 
 10.17  provided in this subdivision, data pertaining to the birth of a 
 10.18  child to a woman who was not married to the child's father when 
 10.19  the child was conceived nor when the child was born, including 
 10.20  the original certificate record of birth and the certified 
 10.21  copy vital record, are confidential data.  At the time of the 
 10.22  birth of a child to a woman who was not married to the child's 
 10.23  father when the child was conceived nor when the child was born, 
 10.24  the mother may designate on the birth registration form whether 
 10.25  demographic data pertaining to the birth will be as public 
 10.26  data.  Notwithstanding the designation of the data as 
 10.27  confidential, it may be disclosed: 
 10.28     (1) to a parent or guardian of the child; 
 10.29     (2) to the child when the child is 18 16 years of age or 
 10.30  older; 
 10.31     (3) under paragraph (b); or 
 10.32     (4) pursuant to a court order.  For purposes of this 
 10.33  section, a subpoena does not constitute a court order. 
 10.34     (b) Unless the child is adopted, data pertaining to the 
 10.35  birth of a child that are not accessible to the public become 
 10.36  public data if 100 years have elapsed since the birth of the 
 11.1   child who is the subject of the data, or as provided under 
 11.2   section 13.10, whichever occurs first. 
 11.3      (c) If a child is adopted, data pertaining to the child's 
 11.4   birth are governed by the provisions relating to adoption 
 11.5   records, including sections 13.10, subdivision 5; 144.1761; 
 11.6   144.218, subdivision 1; 144.2252; and 259.89.  The birth and 
 11.7   death records of the commissioner of health shall be open to 
 11.8   inspection by the commissioner of human services and it shall 
 11.9   not be necessary for the commissioner of human services to 
 11.10  obtain an order of the court in order to inspect records or to 
 11.11  secure certified copies of them. 
 11.12     (d) The name and address of a mother under paragraph (a) 
 11.13  and the child's date of birth may be disclosed to the county 
 11.14  social services or public health member of a family services 
 11.15  collaborative for purposes of providing services under section 
 11.16  124D.23. 
 11.17     (e) The birth and death records of the commissioner of 
 11.18  health shall be open to inspection by the commissioner of human 
 11.19  services and the commissioner of human services need not obtain 
 11.20  an order of the court to inspect vital records or to secure 
 11.21  certified vital records. 
 11.22     Sec. 24.  Minnesota Statutes 2000, section 144.225, 
 11.23  subdivision 3, is amended to read: 
 11.24     Subd. 3.  [LAWS AND RULES FOR PREPARING CERTIFICATES VITAL 
 11.25  RECORDS.] No person shall prepare or issue any certificate vital 
 11.26  record which purports to be an original, certified copy, or copy 
 11.27  of a vital record except as authorized in sections 144.211 to 
 11.28  144.227 or the rules of the commissioner. 
 11.29     Sec. 25.  Minnesota Statutes 2000, section 144.225, 
 11.30  subdivision 4, is amended to read: 
 11.31     Subd. 4.  [ACCESS TO VITAL RECORDS FOR RESEARCH PURPOSES.] 
 11.32  The state registrar may permit persons performing medical 
 11.33  research access to the information restricted in subdivision 
 11.34  subdivisions 2 and 2a if those persons agree in writing not to 
 11.35  disclose private or confidential data on individuals. 
 11.36     Sec. 26.  Minnesota Statutes 2000, section 144.225, 
 12.1   subdivision 7, is amended to read: 
 12.2      Subd. 7.  [CERTIFIED COPY OF BIRTH OR DEATH 
 12.3   CERTIFICATE RECORD.] The state or local registrar shall issue a 
 12.4   certified copy of a birth or death certificate record or a 
 12.5   statement of no vital record found to an individual upon the 
 12.6   individual's proper completion of an attestation provided by the 
 12.7   commissioner: 
 12.8      (1) to a person who has a tangible interest in the 
 12.9   requested certificate vital record.  A person who has a tangible 
 12.10  interest is: 
 12.11     (i) the subject of the certificate vital record; 
 12.12     (ii) a child of the subject; 
 12.13     (iii) the spouse of the subject; 
 12.14     (iv) a parent of the subject; 
 12.15     (v) the grandparent or grandchild of the subject; 
 12.16     (vi) the party responsible for filing the certificate vital 
 12.17  record; 
 12.18     (vii) the legal custodian or guardian of the subject; 
 12.19     (viii) a personal representative of the estate of the 
 12.20  subject or a successor of the subject, as defined in section 
 12.21  524.1-201, if the subject is deceased; 
 12.22     (ix) a representative authorized by a person under clauses 
 12.23  (1) to (3); or 
 12.24     (x) a person or entity who demonstrates that a certified 
 12.25  copy of the certificate vital record is necessary for the 
 12.26  determination or protection of a personal or property right, 
 12.27  pursuant to rules adopted by the commissioner; 
 12.28     (2) to any local, state, or federal governmental agency 
 12.29  upon request if the certified certificate vital record is 
 12.30  necessary for the governmental agency to perform its authorized 
 12.31  duties.  An authorized governmental agency includes the 
 12.32  department of human services, the department of revenue, and the 
 12.33  United States Immigration and Naturalization Service; or 
 12.34     (3) pursuant to a court order issued by a court of 
 12.35  competent jurisdiction.  For purposes of this section, a 
 12.36  subpoena does not constitute a court order. 
 13.1      Sec. 27.  [144.2252] [ACCESS TO ORIGINAL BIRTH RECORD AFTER 
 13.2   ADOPTION.] 
 13.3      (a) Whenever an adopted person requests the state registrar 
 13.4   to disclose the information on the adopted person's original 
 13.5   birth record, the state registrar shall act according to section 
 13.6   259.89. 
 13.7      (b) The state registrar shall provide a transcript of an 
 13.8   adopted person's original birth record to an authorized 
 13.9   representative of a federally recognized American Indian tribe 
 13.10  for the sole purpose of determining the adopted person's 
 13.11  eligibility for enrollment or membership.  Information contained 
 13.12  in the birth record may not be used to provide the adopted 
 13.13  person information about the person's birth parents, except as 
 13.14  provided in this section or section 259.83. 
 13.15     Sec. 28.  Minnesota Statutes 2000, section 144.226, 
 13.16  subdivision 1, is amended to read: 
 13.17     Subdivision 1.  [WHICH SERVICES ARE FOR FEE.] The fees for 
 13.18  the following services shall be the following or an amount 
 13.19  prescribed by rule of the commissioner: 
 13.20     (a) The fee for the issuance of a certified copy or 
 13.21  certification of a vital record, or a certification that the 
 13.22  vital record cannot be found is $8.  When the applicant does not 
 13.23  furnish specific information, there is an additional fee of $20 
 13.24  per hour for staff time expended.  Specific information includes 
 13.25  the correct date of the event and the correct name of the 
 13.26  registrant.  Fees charged shall approximate the costs incurred 
 13.27  in searching and producing a copy of the vital records.  The fee 
 13.28  shall be payable at the time of application.  No fee shall be 
 13.29  charged for a certified birth or death record that is reissued 
 13.30  within one year of the original issue, if an amendment is made 
 13.31  to the vital record and if the previously issued vital record is 
 13.32  surrendered. 
 13.33     (b) The fee for the replacement of a birth record for all 
 13.34  events, except adoption when filing a recognition of parentage 
 13.35  pursuant to section 257.73, subdivision 1, is $20. 
 13.36     (c) The fee for the filing of a delayed registration of 
 14.1   birth or death is $20. 
 14.2      (d) The fee for the amendment of any vital record when 
 14.3   requested more than one year 45 days after the filing of the 
 14.4   vital record is $20.  No fee shall be charged for an amendment 
 14.5   requested within one year 45 days after the filing of the 
 14.6   certificate vital record. 
 14.7      (e) The fee for the verification of information from vital 
 14.8   records is $8 when the applicant furnishes the specific 
 14.9   information to locate the vital record.  When the applicant does 
 14.10  not furnish specific information, the fee is $20 per hour for 
 14.11  staff time expended.  Specific information shall include 
 14.12  includes the correct date of the event and the correct name of 
 14.13  the registrant.  Fees charged shall approximate the costs 
 14.14  incurred in searching and copying the vital records.  The fee 
 14.15  shall be payable at the time of application. 
 14.16     (f) The fee for issuance of a certified or noncertified 
 14.17  copy of any document on file pertaining to a vital record or a 
 14.18  certification statement that the record a related document 
 14.19  cannot be found is $8. 
 14.20     Sec. 29.  Minnesota Statutes 2000, section 144.226, 
 14.21  subdivision 3, is amended to read: 
 14.22     Subd. 3.  [BIRTH CERTIFICATE COPY RECORD SURCHARGE.] In 
 14.23  addition to any fee prescribed under subdivision 1, there shall 
 14.24  be a nonrefundable surcharge of $3 for each certified copy of a 
 14.25  birth certificate, record and for a certification that the vital 
 14.26  record cannot be found.  The local or state registrar shall 
 14.27  forward this amount to the commissioner of finance for deposit 
 14.28  into the account for the children's trust fund for the 
 14.29  prevention of child abuse established under section 119A.12.  
 14.30  This surcharge shall not be charged under those circumstances in 
 14.31  which no fee for a certified copy of a birth certificate record 
 14.32  is permitted under subdivision 1, paragraph (a).  Upon 
 14.33  certification by the commissioner of finance that the assets in 
 14.34  that fund exceed $20,000,000, this surcharge shall be 
 14.35  discontinued. 
 14.36     Sec. 30.  Minnesota Statutes 2000, section 144.227, is 
 15.1   amended to read: 
 15.2      144.227 [PENALTIES.] 
 15.3      Subdivision 1.  [FALSE STATEMENTS.] Whoever A person who 
 15.4   intentionally makes any a false statement in a certificate, 
 15.5   vital record, or report required to be filed under sections 
 15.6   144.211 to 144.214 or 144.216 to 144.227, or in an application 
 15.7   for an amendment thereof, or in an application for a 
 15.8   certified copy of a vital record, or who supplies false 
 15.9   information intending that the information be used in the 
 15.10  preparation of any a report, vital record, certificate, or 
 15.11  amendment thereof, is guilty of a misdemeanor. 
 15.12     Subd. 2.  [FRAUD.] Any A person who, without lawful 
 15.13  authority and with the intent to deceive, willfully and 
 15.14  knowingly makes, counterfeits, alters, obtains, possesses, uses, 
 15.15  or sells any a certificate, vital record, or report required to 
 15.16  be filed under sections 144.211 to 144.227, or a certified copy 
 15.17  of a certificate, vital record, or report, is guilty of a gross 
 15.18  misdemeanor. 
 15.19     Subd. 3.  [BIRTH AND DEATH REGISTRATION.] Whoever A person 
 15.20  who intentionally makes a false statement in a registration 
 15.21  required under section 144.215 or 144.221 or in an application 
 15.22  for an amendment to such a registration, or who intentionally 
 15.23  supplies false information intending that the information be 
 15.24  used in the preparation of a registration under section 
 15.25  144.215 or 144.221 is guilty of a gross misdemeanor.  This 
 15.26  offense shall be prosecuted by the county attorney. 
 15.27     Sec. 31.  Minnesota Statutes 2000, section 260C.317, 
 15.28  subdivision 4, is amended to read: 
 15.29     Subd. 4.  [RIGHTS OF TERMINATED PARENT.] Upon entry of an 
 15.30  order terminating the parental rights of any person who is 
 15.31  identified as a parent on the original birth certificate of the 
 15.32  child as to whom the parental rights are terminated, the court 
 15.33  shall cause written notice to be made to that person setting 
 15.34  forth: 
 15.35     (a) (1) the right of the person to file at any time with 
 15.36  the state registrar of vital statistics a consent to disclosure, 
 16.1   as defined in section 144.212, subdivision 11; 
 16.2      (b) (2) the right of the person to file at any time with 
 16.3   the state registrar of vital statistics an affidavit stating 
 16.4   that the information on the original birth certificate shall not 
 16.5   be disclosed as provided in section 144.1761 144.2252; and 
 16.6      (c) (3) the effect of a failure to file either a consent to 
 16.7   disclosure, as defined in section 144.212, subdivision 11, or an 
 16.8   affidavit stating that the information on the original birth 
 16.9   certificate shall not be disclosed.  
 16.10     Sec. 32.  [REVISOR'S INSTRUCTION.] 
 16.11     (a) The revisor of statutes shall change the terms 
 16.12  "certificate of birth," "birth certificate," or similar terms to 
 16.13  "record of birth," "birth record," or similar terms wherever 
 16.14  they appear in Minnesota Statutes and Minnesota Rules. 
 16.15     (b) The revisor of statutes shall change the terms 
 16.16  "certificate of death," "death certificate," or similar terms to 
 16.17  "record of death," "death record," or similar terms wherever 
 16.18  they appear in Minnesota Statutes and Minnesota Rules. 
 16.19     (c) The revisor of statutes shall change the term "office 
 16.20  of vital statistics" to "office of the state registrar" wherever 
 16.21  it appears in Minnesota Statutes and Minnesota Rules. 
 16.22     Sec. 33.  [REPEALER.] 
 16.23     Minnesota Statutes 2000, sections 144.1761; 144.217, 
 16.24  subdivision 4; and 144.219, are repealed.