Session Law

Identifying Information:L. 2002 ch. 160
Other Identifying Information:2002 House Bill 2718
Tax Type:Other
Brief Description:An Act concerning the department of health and environment; relating to vital statistics; amending K.S.A. 23-110, 65-2417 and 65-2434 and K.S.A. 2001 Supp. 65-2418, 65- 2422d and 65-2423 and repealing the existing sections; also repealing K.S.A. 2001 Supp. 65-2418a.
Keywords:


Body:

CHAPTER 160

HOUSE BILL No. 2718


An Act concerning the department of health and environment; relating to vital statistics;

amending K.S.A. 23-110, 65-2417 and 65-2434 and K.S.A. 2001 Supp. 65-2418, 65-

2422d and 65-2423 and repealing the existing sections; also repealing K.S.A. 2001 Supp.


65-2418a.


Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 23-110 is hereby amended to read as follows: 23-

110. The secretary of health and environment shall index all records re-

ceived pursuant to K.S.A. 23-109 and amendments thereto and, upon

request, shall issue a certified copy or abstract of them which in all courts

and for all purposes shall be prima facie evidence of the facts stated in

them. For each certified copy or abstract a fee shall be paid to the sec-

retary in an amount prescribed in accordance with, and disposed of in

the manner provided by, K.S.A. 65-2418 and amendments thereto.

Sec. 2. K.S.A. 65-2417 is hereby amended to read as follows: 65-

2417. (a) Subject to the requirements of K.S.A. 65-2421, 65-2422, 65-

6422d and 65-2423 and amendments thereto, the state registrar shall,

upon request, furnish to any applicant a certified copy or a certified ab-

stract of any certificate, or any part thereof.

(b) Copies or abstracts of the contents of any certificate on file or

any part thereof, certified by the state registrar shall be considered for

all purposes the same as the original subject to the requirements of K.S.A.

65-2421, 65-2422, 65-2422d and 65-2423.

Sec. 3. K.S.A. 2001 Supp. 65-2418 is hereby amended to read as

follows: 65-2418. (a) Except as otherwise provided in this section, the

secretary shall fix and charge the fees, if any, to be paid for certified copies

or abstracts of certificates or for search of the files or records when no

certified copy or abstract is made. Fees for certified copies or abstracts

of certificates shall be fixed by rules and regulations of the secretary ex-

cept that the fee for the first copy of a birth or death certificate or abstract

shall include a $3 surcharge and the fee for each additional copy of the

same birth or death certificate or abstract requested at the same time

shall include a $1 surcharge. The secretary shall not charge any fee for a

certified copy of a certificate or abstract or for a search of the files or

records if the certificate, abstract or search is requested by a person who

exhibits correspondence from the United States veterans administration

department of veterans affairs or the Kansas commission on veterans'

affairs which indicates that the person is applying for benefits from the

United States veterans administration department of veterans affairs and

that such person needs the requested information to obtain such benefits,

except that, for a second or subsequent certified copy of a certificate,

abstract or search of the files requested by the person, the usual fee shall

be charged. The secretary may provide by rules and regulations for ex-

emptions from such fees.

(b) Subject to K.S.A. 65-2420, and amendments thereto, the national

office of vital statistics may be furnished copies or data it requires for

national statistics. The state shall be reimbursed for the cost of furnishing

the data. The data shall not be used for other than statistical purposes by

the national office of vital statistics unless so authorized by the state reg-

istrar of vital statistics.

(c) (1) The secretary shall remit all moneys received by or for the

secretary from fees, charges or penalties to the state treasurer in accord-

ance with the provisions of K.S.A. 75-4215, and amendments thereto.

Upon receipt of each such remittance, other than remittances for fees

for birth certificates or abstracts, the state treasurer shall deposit the

entire amount in the state treasury to the credit of the state general fund.

(2) Upon receipt of any such remittance of a fee for a birth certificate

or abstract, $3 of each such fee for the first copy of a birth certificate or

abstract and $1 of each such fee for each additional copy of the same

birth certificate or abstract requested at the same time shall be remitted

to the state treasurer in accordance with the provisions of K.S.A. 75-4215,

and amendments thereto. Upon receipt of each such remittance, the state

treasurer shall deposit the entire amount in the state treasury to the credit

of the permanent families account of the family and children investment

fund created by K.S.A. 38-1808, and amendments thereto. Upon receipt

of any such remittance of a fee for a death certificate or abstract, $3 of

each such fee for the first copy of a death certificate or abstract and $1

of each such fee for each additional copy of the same death certificate or

abstract requested at the same time shall be remitted to the state trea-

surer in accordance with the provisions of K.S.A. 75-4215, and amend-

ments thereto. Upon receipt of each such remittance, the state treasurer

shall deposit the entire amount in the state treasury to the credit of the

district coroners fund created by K.S.A. 22a-245, and amendments

thereto. The balance of the money received for a fee for a birth certificate

or abstract shall be remitted to the state treasurer in accordance with the

provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of

each such remittance, the state treasurer shall deposit the entire amount

in the state treasury to the credit of the state general fund.

(d) Upon receipt of any fee for a certified copy or abstract of a birth,

death, fetal death, marriage or divorce certificate, $1 of each such fee shall

be remitted to the state treasurer who shall deposit the entire amount of

each such remittance in the state treasury and credit it to the vital statis-

tics maintenance fee fund created under K.S.A. 2001 Supp. 65-2418b, and

amendments thereto. For the purposes of the vital statistics maintenance

fee fund, the secretary of health and environment shall adopt rules and

regulations providing for an increase of $1 in the fees charged by the state

registrar for providing a certified copy or abstract of a birth, death, fetal

death, marriage or divorce certificate.

Sec. 4. K.S.A. 2001 Supp. 65-2422d is hereby amended to read as

follows: 65-2422d. (a) The records and files of the division of health per-

taining to vital statistics shall be open to inspection, subject to the pro-

visions of this act and rules and regulations of the secretary. It shall be

unlawful for any officer or employee of the state to disclose data contained

in vital statistical records, except as authorized by this act and the secre-

tary, and it shall be unlawful for anyone who possesses, stores or in any

way handles vital statistics records under contract with the state to disclose

any data contained in the records, except as authorized by law.

(b) No information concerning the birth of a child shall be disclosed

in a manner that enables determination that the child was born out of

wedlock, except upon order of a court in a case where the information is

necessary for the determination of personal or property rights and then

only for that purpose.

(c) The state registrar shall not permit inspection of the records or

issue a certified copy or abstract of a certificate or part thereof unless the

state registrar is satisfied the applicant therefor has a direct interest in

the matter recorded and the information contained in the record is nec-

essary for the determination of personal or property rights. The state

registrar's decision shall be subject, however, to review by the secretary

or by a court in accordance with the act for judicial review and civil

enforcement of agency actions, subject to the limitations of this section.

(d) The secretary shall permit the use of data contained in vital sta-

tistical records for research purposes only, but no identifying use of them

shall be made.

(e) Subject to the provisions of this section the secretary may direct

the state registrar to release birth, death and stillbirth certificate data to

federal, state or municipal agencies.

(f) On or before the 20th day of each month, the state registrar shall

furnish to the county election officer of each county, without charge, a

list of deceased residents of the county who were at least 18 years of age

and for whom death certificates have been filed in the office of the state

registrar during the preceding calendar month. The list shall include the

name, age or date of birth, address and date of death of each of the

deceased persons and shall be used solely by the election officer for the

purpose of correcting records of their offices.

(g) No person shall prepare or issue any certificate which purports to

be an original, certified copy or abstract or copy of a certificate of birth,

death or fetal death, except as authorized in this act or rules and regu-

lations adopted under this act.

(h) Records of births, deaths or marriages which are not in the cus-

tody of the secretary of health and environment and which were created

before July 1, 1911, pursuant to chapter 129 of the 1885 Session Laws of

Kansas, and any copies of such records, shall be open to inspection by

any person and the provisions of this section shall not apply to such re-

cords.

(i) Social security numbers furnished pursuant to K.S.A. 65-2409 65-

2409a and amendments thereto shall only be used as permitted by title

IV-D of the federal social security act and amendments thereto or as

permitted by section 7(a) of the federal privacy act of 1974 and amend-

ments thereto. The secretary shall make social security numbers fur-

nished pursuant to K.S.A. 65-2409 65-2409a and amendments thereto

available to the department of social and rehabilitation services for pur-

poses permitted under title IV-D of the federal social security act.

(j) Fact of death information may be disseminated to state and federal

agencies administering benefit programs. Such information shall be used

for file clearance purposes only.

Sec. 5. K.S.A. 2001 Supp. 65-2423 is hereby amended to read as

follows: 65-2423. (a) In cases of adoption the state registrar upon receipt

of a certified decree of adoption, or a similar document or documents

which evidences finalization of the adoption in the foreign country, and

the report of adoption form shall prepare a supplementary certificate or

abstract in the new name of the adopted person and seal and file the

original certificate of birth with such certified copy or abstract attached

thereto. Such sealed documents may be opened by the state registrar only

upon the demand of the adopted person if of legal age or by an order of

court. Upon receipt of a certified copy of a court order of annulment of

adoption the state registrar shall restore the original certificate to its orig-

inal place in the files.

(b) For any child born in a foreign country but adopted in Kansas or

born and adopted in a foreign country and such adoption is filed and

entered pursuant to K.S.A. 59-2144, and amendments thereto, the state

registrar, upon request, shall complete and register a birth certificate

upon receipt of a certified copy of the decree of adoption, or a similar

document or documents which evidences finalization of the adoption in

the foreign country, the report of adoption form and proof of the date

and place of the child's birth. The certificate shall show the new name of

the child as specified in the decree of adoption, or a similar document or

documents which evidences finalization of the adoption in the foreign

country, and such further information concerning the adopting parents

as may be necessary to complete the birth certificate. The certificate shall

show the true country of birth and the date of birth of the child, and that

the certificate is not evidence of United States citizenship.

Sec. 6. K.S.A. 65-2434 is hereby amended to read as follows: 65-

2434. (1) Any person who willfully makes or alters any certificate or,

certified copy thereof or abstract provided for in this act, except in ac-

cordance with the provisions of this act, shall be fined not more than

$1,000, or be imprisoned not exceeding six months, or both fined and

imprisoned guilty of a class B misdemeanor.

(2) Any person who knowingly transports or accepts for transporta-

tion, a dead body located in this state to a location outside the boundaries

of this state without an accompanying permit issued in accordance with

the provisions of K.S.A. 65-2428a, shall be fined not more than $500

guilty of a class C misdemeanor.

(3) Except where a different penalty is provided in this section, any

person who violates any of the provisions of this act or neglects or refuses

to perform any of the duties imposed upon such person by this act, shall

be fined not more than $100 $200.

Sec. 7. K.S.A. 23-110, 65-2417 and 65-2434 and K.S.A. 2001 Supp.

65-2418, 65-2418a, 65-2422d and 65-2423 are hereby repealed.

Sec. 8. This act shall take effect and be in force from and after its

publication in the Kansas register.

Approved May 17, 2002.

Published in the Kansas Register May 23, 2002.


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Date Composed: 10/10/2002 Date Modified: 10/10/2002