1.1 	A bill for an act
1.2 	relating to health; modifying access to certified
1.3 	death records; amending Minnesota Statutes 2004,
1.4 	section 144.225, subdivision 7.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2004, section 144.225,
1.7 	subdivision 7, is amended to read:
1.8 		Subd. 7.Certified birth or death record.  (a) The state
1.9 	or local registrar shall issue a certified birth or death record
1.10 	or a statement of no vital record found to an individual upon
1.11 	the individual's proper completion of an attestation provided by
1.12 	the commissioner:
1.13 	(1) to a person who has a tangible interest in the
1.14 	requested vital record.  A person who has a tangible interest is:
1.15 	(i) the subject of the vital record;
1.16 	(ii) a child of the subject;
1.17 	(iii) the spouse of the subject;
1.18 	(iv) a parent of the subject;
1.19 	(v) the grandparent or grandchild of the subject;
1.20 	(vi) if the requested record is a death record, a sibling
1.21 	of the subject;
1.22 	~~(vi)~~ (vii) the party responsible for filing the vital
1.23 	record;
1.24 	~~(vii)~~ (viii) the legal custodian or guardian or conservator
1.25 	of the subject;
2.1 	~~(viii)~~ (ix) a personal representative, by sworn affidavit
2.2 	of the fact that the certified copy is required for
2.3 	administration of the estate;
2.4 	~~(ix)~~ (x) a successor of the subject, as defined in section
2.5 	524.1-201, if the subject is deceased, by sworn affidavit of the
2.6 	fact that the certified copy is required for administration of
2.7 	the estate;
2.8 	~~(x)~~ (xi) if the requested record is a death record, a
2.9 	trustee of a trust by sworn affidavit of the fact that the
2.10 	certified copy is needed for the proper administration of the
2.11 	trust;
2.12 	~~(xi)~~ (xii) a person or entity who demonstrates that a
2.13 	certified vital record is necessary for the determination or
2.14 	protection of a personal or property right, pursuant to rules
2.15 	adopted by the commissioner; or
2.16 	~~(xii)~~ (xiii) adoption agencies in order to complete
2.17 	confidential postadoption searches as required by section
2.18 	259.83;
2.19 	(2) to any local, state, or federal governmental agency
2.20 	upon request if the certified vital record is necessary for the
2.21 	governmental agency to perform its authorized duties.  An
2.22 	authorized governmental agency includes the Department of Human
2.23 	Services, the Department of Revenue, and the United States
2.24 	Immigration and Naturalization Service;
2.25 	(3) to an attorney upon evidence of the attorney's license;
2.26 	(4) pursuant to a court order issued by a court of
2.27 	competent jurisdiction.  For purposes of this section, a
2.28 	subpoena does not constitute a court order; or
2.29 	(5) to a representative authorized by a person under
2.30 	clauses (1) to (4).
2.31 	(b) The state or local registrar shall also issue a
2.32 	certified death record to an individual described in paragraph
2.33 	(a), clause (1), items (ii) to (vii), if, on behalf of the
2.34 	individual, a mortician designated to receive death records
2.35 	under section 144.214, subdivision 4, furnishes the registrar
2.36 	with a properly completed attestation in the form provided by
3.1 	the commissioner within 180 days of the time of death of the
3.2 	subject of the death record.  This paragraph is not subject to
3.3 	the requirements specified in Minnesota Rules, part 4601.2600,
3.4 	subpart 5, item B.