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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                             CHAPTER 23-S.F.No. 271 
                  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; 
           (vi) if the requested record is a death record, a sibling 
        of the subject; 
           (vi) (vii) the party responsible for filing the vital 
        record; 
           (vii) (viii) the legal custodian or guardian or conservator 
        of the subject; 
           (viii) (ix) a personal representative, by sworn affidavit 
        of the fact that the certified copy is required for 
        administration of the estate; 
           (ix) (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; 
           (x) (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; 
           (xi) (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 
           (xii) (xiii) 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. 
           Presented to the governor April 19, 2005 
           Signed by the governor April 22, 2005, 5:55 a.m.