SF 271

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; modifying access to certified
death records; amending Minnesota Statutes 2004,
section 144.225, subdivision 7.

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

Section 1.

Minnesota Statutes 2004, section 144.225,
subdivision 7, is amended to read:

Subd. 7.

Certified birth or death record.

(a) The state
or local registrar 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:

(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;

new text begin (vi) if the requested record is a death record, a sibling
of the subject;
new text end

deleted text begin (vi) deleted text end new text begin (vii) new text end the party responsible for filing the vital
record;

deleted text begin (vii) deleted text end new text begin (viii) new text end the legal custodian or guardian or conservator
of the subject;

deleted text begin (viii) deleted text end new text begin (ix) new text end a personal representative, by sworn affidavit
of the fact that the certified copy is required for
administration of the estate;

deleted text begin (ix) deleted text end new text begin (x) new text end 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;

deleted text begin (x) deleted text end new text begin (xi) new text end 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;

deleted text begin (xi) deleted text end new text begin (xii) new text end 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

deleted text begin (xii) deleted text end new text begin (xiii) new text end adoption agencies 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. An
authorized governmental agency includes the Department of Human
Services, the Department of Revenue, and the United States
Immigration and Naturalization Service;

(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 or local registrar shall also issue a
certified death record to an individual described in paragraph
(a), clause (1), items (ii) to (vii), if, on behalf of the
individual, a mortician designated to receive death records
under section 144.214, subdivision 4, 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.