AN ACT relating to vital records.

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AN ACT relating to vital records. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 213.136 is amended to read as follows: 3
(1) The state or county registrar shall, upon written request from an applicant entitled 4
to a record in accordance with administrative regulations promulgated by the 5
cabinet,[receipt of an app lication] issue a certified copy of any certificate or [a 6
vital] record in the registrar's custody [ or a part thereof to any applicant] . Each 7
certified copy[ issued] shall indicate[show] the date of registration. If the record is[ 8
and copies issued from rec ords] marked "delayed" or "amended ," or issued 9
pursuant to a court order, the certified copy shall bear the same designation and 10
include the effective date of the modification [ shall be similarly marked and show 11
the effective date. The documentary evidence used to establish a delayed certificate 12
shall be shown on all copies issued. All forms and procedures used in the issuance 13
of certified copies of vital records in the Commonwealth shall be provided or 14
approved by the state registrar]. 15
(2) A certified copy of a vital record or any part thereof, issued in accordance with 16
subsection (1) of this section, shall be considered the legal equivalent of [for all 17
purposes the same as] the original and shall serve as[be] prima facie evidence of the 18
facts stated therein. The evidentiary value of a record filed more than one (1) year 19
after the event, a record that has been amended, or a record of a foreign live 20
birth[certificate or record which has been amended] shall be determined by the 21
judicial or administrative body, or official before which the certificate is offered as 22
evidence. 23
(3) [The federal agency responsible for national vital statistics may be furnished copies 24
or data from the system of vital statistics for national statistics, if the federal agency 25
shares in the cost of collecting, processing, and transmitting the data, and if the data 26
is not used for other than statistical purposes by the federal agency unless so 27
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authorized by the cabinet. 1
(4) Federal, state, local, and other public or private agencies may, u pon request, be 2
furnished copies or data from the system of vital statistics for statistical or 3
administrative purposes upon terms or conditions as may be prescribed by 4
regulation if the copies or data are not used for purposes other than those for which 5
they were requested without prior permission of the cabinet. No information other 6
than statistical data shall be provided for commercial purposes. 7
(5) The cabinet may, by agreement, transmit copies of records and other reports 8
required by this chapter to offices of vital statistics outside the Commonwealth 9
when the records or other reports relate to residents of those jurisdictions or persons 10
born in tho se jurisdictions. The agreement shall require that the copies be used for 11
statistical and administrative purposes only and the agreement shall further provide 12
for the retention and disposition of the copies. Copies received by the Vital 13
Statistics Branch f rom offices of vital statistics in other states shall be handled in 14
the same manner as prescribed in this section. 15
(6) ]No person shall prepare or issue any document purporting [certificate which 16
purports] to be an original, certified copy, or copy of a certificate of birth, death, 17
fetal death, or marriage [vital record] except as authorized in this section or 18
regulation adopted hereunder. 19
Section 2. KRS 213.141 is amended to read as follows: 20
(1) Except as provided in subse ction (4)[(2]) of this section, the cabinet shall prescribe 21
by regulation a fee not to exceed ten dollars ($10)[five dollars ($5)], to be paid for: 22
(a) 1. Certification of records, whether paper or electronic. 23
2. [ certified copies of certificates or recor ds, or for ] A search of the files 24
or records when no certification[copy] is made. 25
3. [, or for ]Copies or information provided for health, research, statistical, 26
or administrative purposes. 27
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4. Copies of information provided in response to a subpoena or court 1
order; 2
(b) Verification of information contained in vital records when such 3
information is provided; or 4
(c) A request to modify or replace a vital record in accordance with KRS 5
Chapter 213, provided that a fee shall not be assessed to modify the cause or 6
manner of death or for a correction to public health statistical data collected 7
through vital record registration. 8
(2) The cabinet shall prescribe by administrative regulation pursuant to KRS Chapter 9
13A a fee not to exceed fifteen dollars ($15) [ten dollars ($10)] to be paid for a 10
certified copy of a record of a birth: 11
(a) Three dollars ($3) of which shall be used by the Cabinet for Health and 12
Family Services for the sole purpose of contractin g for the operation of 13
private, not -for-profit, self -help, education, and support groups for parents 14
who want to prevent or cease physical, sexual, or mental abuse of children; 15
and 16
(b) One dollar ($1) of which shall be used by the Division of Maternal and Child 17
Health to pay for therapeutic food, formulas, supplements, amino acid -based 18
elemental formula, or low -protein modified foods for all inborn errors of 19
metabolism and genetic conditions if: 20
1. The therapeutic food, formulas, supplements, amino acid -based 21
elemental formula, or low-protein modified food products are medically 22
indicated for the therapeutic treatment of inborn errors of metabolism or 23
genetic conditions and are administered under the direction of a 24
physician; and 25
2. The affected person's the rapeutic food, formulas, supplements, amino 26
acid-based elemental formula, or low -protein foods are not covered 27
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under any public or private health benefit plan. 1
(3) Fees collected under this section by the state registrar shall be used to help defray 2
the cost of administering the system of vital statistics. 3
(4) No fee or compensation shall be allowed or paid for furnishing certificates of 4
birth or death when required: 5
(a) [No fee or compensation shall be allowed or paid for furnishing certificates of 6
birth o r death required ] In support of any claim against the government for 7
compensation, insurance, back pay, or other allowances or benefits for any 8
person who has at any time served as a member of the Army, Navy, Marine 9
Corps, or Air Force of the United States;[.] 10
(b) [No fee or compensation shall be allowed or paid ] For furnishing a certificate 11
of birth to a member of the Kentucky National Guard who has received 12
deployment orders during the sixty (60) days prior to the furnishing of the 13
certificate;[.] 14
(c) [No fee or compensation shall be allowed or paid ] For furnishing a certificate 15
of birth to a child who is in the custody of or committed to the cabinet, 16
including a child who has extended commitment to the cabinet in accordance 17
with KRS 610.110(6);[.] 18
(d) [No fee or compensation shall be allowed or paid ] For furnishing a certificate 19
of birth to a homeless individual as defined in KRS 198A.700, or a homeless 20
youth as defined in 42 U.S.C. sec. 11434a(2) who is under twenty -five (25) 21
years of age, provided the ho meless individual or homeless youth has been 22
verified as homeless by at least one (1) of the following: 23
1. A director or designee of a governmental or nonprofit agency that 24
receives public or private funding to provide services to homeless 25
people; 26
2. A loc al educational agency liaison for homeless children and youths 27
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designated pursuant to 42 U.S.C. sec. 11432(g)(1)(J)(ii) or a school 1
social worker or school counselor; 2
3. The director or director's designee of a federal TRIO Program or a 3
Gaining Early Awareness and Readiness for Undergraduate Program; or 4
4. A financial aid administrator for an institution of higher education;[.] 5
(e) For furnishing a certificate of death of an individual who has died in the 6
line of duty to state or federal agencies, as defined by the applicable 7
provisions of Kentucky Revised Statutes; or 8
(f) Upon the Governor's declaration of a natural disaster within the state, and 9
when the commissioner of the Department for Public Health declares a 10
waiver of the fee for a vital record certificate for the victims of the disaster. 11
(5) The Office of Vital Statistics may waive the fee for verification of a vital event 12
requested by a member of a state or federal law enforcement agency authorized to 13
investigate matters involving public safety. 14
(6) (a)[(5)] The cabinet shall notify the State Board of Elections monthly of the 15
name, address, birthdate, sex, race, and Social Security number of residents of 16
the Commonwealth who died during the previous month. This data shall 17
include only those persons who were over the age of eighteen (18) years at the 18
date of death. No fee or compensation shall be allowed for furnishing these 19
lists. 20
(b) To ensure the State Board of Elections accurately removes names from the 21
voter registration records it maintains, the cabinet shall provide a copy of 22
the Annual Lifetime Kentucky Death Report to the State Board of Elections 23
on or before July 1 of each year. 24
Section 3. KRS 116.113 is amended to read as follows: 25
(1) (a) Upon receipt of notification from the Cabinet for Health and Family Services 26
or other reliable sources of the death of a person, the State Board of Elections 27
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shall within five (5) days cause the removal of the name of that person from 1
the voter registration records it maintains, except that no voter's name may be 2
removed during the period of time the registration books are closed for any 3
primary, general, or special election. 4
(b) To ensure that the State Board of Elections accurately removes names from 5
the voter registration records it maintains, the Cabinet for Health and Family 6
Services shall provide a copy of the Annual Lifetime Kentucky Death 7
Report[lifetime Kentucky death records] to the State Board of Elections on or 8
before July 1 of each year. 9
(2) Upon receipt of notification from the circuit clerk that a person has been declared 10
incompetent, the State Board of Elections shall within five (5) day s cause the 11
removal of the name of that person from the voter registration records it maintains, 12
except that no voter's name may be removed during the period of time the 13
registration books are closed for any primary, general, or special election. 14
(3) Upon receipt of notification from the Administrative Office of the Courts that a 15
person has been excused from jury duty for not being a citizen of the United States, 16
the State Board of Elections shall within five (5) days cause the removal of the 17
name of that p erson from the voter registration records it maintains, except that no 18
voter's name may be removed during the period of time the registration books are 19
closed for any primary, general, or special election. 20
(4) Upon receipt of notification from the Administ rative Office of the Courts or the 21
United States Department of Justice that a person has been convicted of a felony 22
offense, the State Board of Elections shall within five (5) days cause the removal of 23
the name of that person from the voter registration re cords it maintains, except that 24
no voter's name may be removed during the period of time the registration books 25
are closed for any primary, general, or special election. 26
(5) Upon receipt of notification from a local or state jurisdiction that a voter has 27
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registered to vote in the new local or state jurisdiction outside of the 1
Commonwealth, the State Board of Elections shall within five (5) days cause the 2
removal of the name of that person from the voter registration records that it 3
maintains, except that no voter's name may be removed during the period of time 4
the registration books are closed for any primary, regular election, or special 5
election. 6
(6) Following the purge of a name from the records of the State Board of Elections, the 7
state board shall notify the clerk of the county in which the voter lived of the action; 8
and the county clerk shall within ten (10) days update the county voter registration 9
files to reflect the necessary change. If a protest is filed by the voter, the county 10
board shall hear it at its next regular monthly meeting. If the county board decides 11
in favor of the protesting voter, the voter's registration record shall be restored, 12
including his or her voting record. If the protest is filed while the registration books 13
are closed and the county board decides in favor of the protesting voter, the county 14
board shall issue the voter an "Authorization to Vote" for the upcoming election 15
and the voter's record shall be restored when the registration books open following 16
the election. 17