Text of VT H 454 (2012)
An Act Relating To The Administration And Issuance Of Vital Records
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As introduced
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BILL AS INTRODUCED
H.454
2011
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VT LEG 267903.1
H.454
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Introduced by Committee on Government Operations
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Date:
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Subject: Health; vital records; marriage and civil union; divorce and
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dissolution; birth certificates; death certificates
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Statement of purpose: This bill proposes to amend the statutes relating to vital
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records.
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An act relating to the administration and issuance of vital records
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It is hereby enacted by the General Assembly of the State of Vermont:
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Sec. 1. 18 V.S.A. chapter 102 is added to read:
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CHAPTER 102. VITAL RECORDS GENERALLY
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§ 5031. VITAL RECORDS; FORMS OF CERTIFICATES;
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APPLICABILITY
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(a) Certificates of birth, death, civil marriage, civil union, divorce,
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dissolution, and reports of fetal death and induced termination of pregnancy
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shall be in a form prescribed by the commissioner of health and distributed by
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the department of health.
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(b) Beginning January 1, 2012, all originals and certified copies of
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certificates of birth, death, civil marriage, civil union, divorce, and dissolution
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shall be issued on unique paper with antifraud features approved by the
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commissioner of health and available from the department of health.
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(c) The provisions of this part apply to all certificates of birth, death, civil
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marriage, civil union, divorce, and dissolution and reports of fetal death and
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induced termination of pregnancy previously received by the department and
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in the custody of the commissioner or any other custodian of vital records as
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authorized by the commissioner.
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(d) The secretary of human services may adopt rules pursuant to chapter 25
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of Title 3 as necessary to enable the department of health to conduct vital
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records administration.
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§ 5032. DEFINITIONS
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As used in this part, the following words and phrases shall have the
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following meanings unless the context requires otherwise:
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(1) “Attending physician” means the physician who has completed
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medical training and residency and is responsible for coordinating a patient’s
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care, including supervising the care provided by interns, residents, or medical
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students, and who has final responsibility legally and otherwise for that
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patient’s care.
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(2) “Commissioner” means the commissioner of health.
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(3) “Dead body” means a human body or parts of a human body, the
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condition of which reasonably indicates that death has occurred.
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(4) “Department” means the department of health.
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(5) “Fetal death” means death prior to the complete expulsion or
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extraction from the mother of a product of conception, irrespective of the
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duration of pregnancy, and which is not an induced termination of pregnancy.
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(6) “File” means the presentation and acceptance of a vital record or
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report provided for in this part for registration by the office of vital statistics.
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(7) “Final disposition” means the burial, interment, cremation, removal
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from the state, or other authorized disposition of a dead body or fetus.
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(8) “Form” means the appearance, content, layout, size, software,
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security devices, and all other features for the reporting of vital records to the
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office of vital statistics. A form may be a piece of paper, a computer interface
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or screen, a data file, or other medium approved by the commissioner for use
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in collecting and transmitting vital records.
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(9) “Induced termination of pregnancy” means the purposeful
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interruption of an intrauterine pregnancy with the intention other than to
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produce a live-born infant and which does not result in a live birth. The term
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does not include management of prolonged retention of products of conception
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following fetal death.
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(10) “Institution” means any establishment, public or private, which
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provides inpatient or outpatient medical, surgical, or diagnostic care or
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treatment or nursing, custodial, or domiciliary care, or to which persons are
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committed by law.
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(11) “Live birth” means the complete expulsion or extraction from the
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mother of a product of human conception, irrespective of the duration of
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pregnancy, which, after such expulsion or extraction, breathes or shows any
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other evidence of life, such as beating of the heart, pulsation of the umbilical
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cord, or definite movement of voluntary muscles, whether or not the umbilical
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cord has been cut or the placenta is attached.
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(12) “Office of vital statistics” means an office of the department of
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health responsible for vital records and the system of vital statistics.
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(13) “Registration” means the process by which vital records are
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completed, filed, and incorporated into the official records of the office of vital
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statistics and made available to the registrant, family, or other requesting party.
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(14) “State registrar” refers to the supervisor of the office of vital
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statistics.
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(15) “System of vital statistics” means the registration, collection,
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preservation, amendment, and certification of vital records; the collection of
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other reports required by this part; and activities related thereto, including the
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tabulation, analysis, publication, and dissemination of vital statistics.
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(16) “Transmit” means the collection and delivery of vital records by
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required reporting sources to the office of vital statistics. Methods may include
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paper, secure fax, and secure electronic data exchange.
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(17) “Vital records” means certificates or reports of birth, death, civil
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marriage, civil union, divorce, dissolution, fetal death, induced termination of
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pregnancy, and data related thereto.
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(18) “Vital statistics” means the analyses of data derived from
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certificates and reports of birth, death, civil marriage, civil union, divorce,
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dissolution, fetal death, and induced termination of pregnancy and from related
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documents.
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§ 5033. CONFIDENTIALITY OF VITAL RECORDS
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(a) Certified copies of vital records shall be issued only as provided in
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section 5040 of this title. Certified copies shall not be available for
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inspection.
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(b) Informational copies of vital records shall be issued only as provided
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in section 5041 of this title. Any person may inspect informational copies
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of vital records at the department of health or at the Vermont state archives
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and records administration. Any person may inspect informational copies
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of vital records at the office of a town clerk designated by the commissioner
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pursuant to subsection 5034(c) of this title.
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(c) Vital records issued and managed according to the requirements of
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this chapter may contain confidential information, including information
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designated as exempt from inspection and copying under 1 V.S.A.
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chapter 5, subchapter 3 and records to be used for public health or statistical
4
purposes. Confidential information included in vital records subject to the
5
requirements of this chapter is exempt from inspection and copying under
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1 V.S.A. chapter 5, subchapter 3. The department may use the confidential
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information from vital records for public health purposes. The department
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may publish reports and share such confidential information publicly only
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in summary, statistical, or other form in which particular individuals are not
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identified. Confidential information from vital records may be shared for
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research purposes consistent with the Health Insurance Portability and
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Accountability Act of 1996 and with the agency of human services’
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institutional review board policies and practices. The department may share
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confidential information from vital records with federal agencies consistent
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with federal regulations and contractual obligations.
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(d) The department may use and disclose confidential information from
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vital records as is necessary in public health emergencies and may share
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information from vital records with other municipal, state, and federal
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government agencies for fraud investigations and other law enforcement
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purposes.
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(e) Nothing in this section shall be construed to permit disclosure of
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information contained in the “Information for Medical and Health Use Only”
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section of the birth certificate unless specifically authorized by the state
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registrar for statistical or research purposes, consistent with subsection (c) of
4
this section. Such data shall not be subject to subpoena or court order and shall
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not be admissible before any court, tribunal, or other judicial body.
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(f) Nothing in this section shall be construed to permit disclosure of
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information contained in the “Information for Statistical Purposes Only”
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section of the certificate of civil marriage or civil union or the certificate of
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divorce or dissolution to any party other than the originating couple listed
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on the certificate unless specifically authorized by the state registrar for
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statistical or research purposes, consistent with subsection (c) of this
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section. Such data shall not be subject to subpoena or court order and shall
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not be admissible before any court, tribunal, or other judicial body.
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§ 5034. OFFICE OF VITAL STATISTICS AND STATEWIDE SYSTEM
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OF VITAL STATISTICS
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(a) There is hereby established in the department of health an office of
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vital statistics which shall install, maintain, and operate the only system of
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vital statistics throughout this state.
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(b) The commissioner shall:
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(1) designate an employee of the department to serve as the state
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registrar, who shall be the supervisor of the office of vital statistics;
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(2) oversee the administration of the system of vital statistics;
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(3) provide for the preservation and security of the official records of
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the office of vital statistics;
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(4) develop a statewide system of vital statistics and promote
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uniformity of policy and procedures pertaining to vital statistics throughout
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the state;
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(5) prescribe, furnish, and distribute such forms for vital records as
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are required by this part or prescribe such other means for transmission of
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data as will accomplish the purpose of complete and accurate reporting and
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registration;
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(6) implement audit and quality control procedures as necessary to
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ensure compliance with filing and reporting of vital records.
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(c) The commissioner may establish or designate offices, subject to the
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requirements of section 5043 of this title, in the state to aid in the efficient
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administration of the system of vital statistics, including the Vermont state
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archives and records administration; department of health district offices;
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and city, town, and county clerk offices.
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(d) The department shall provide such forms and reports as needed to
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perform the functions and duties necessary for the administration of the
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system of vital statistics.
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§ 5035. CONTENT OF CERTIFICATES AND REPORTS
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(a) In order to promote and maintain nationwide uniformity in the
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system of vital statistics, the forms of certificates and reports prescribed by
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the commissioner may include as a minimum the items recommended by
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the federal agency responsible for national vital statistics.
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(b) Each certificate, report, and other document required by this part
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shall be prepared and filed in the form prescribed by the commissioner.
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(c) All vital records shall contain the date of registration.
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(d) Information required in certificates, forms, records, or reports may
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be filed, verified, registered, and stored by photographic, electronic, or other
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means as determined by the commissioner.
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§ 5036. DUTIES OF TOWN AND COUNTY CLERKS
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(a) Town clerks annually may compile and publish only nonconfidential
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information from vital records in the annual town report.
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(b) County clerks may compile and publish the same as a town clerk on
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behalf of an unorganized town or gore and may perform the same duties and
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will be subject to the same penalties as town clerks with respect to licenses,
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certificates, records, and returns of parties.
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(c) Town clerks shall receive, number, and file for record the certificates
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of civil marriages and burial-transit and removal permits and shall preserve
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such documents in a manner approved by the department.
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(d) Town clerks shall file for record and index in volumes all civil
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marriages and burial-transit and removal permits in a manner prescribed by
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the state archivist. Each volume or series shall contain an alphabetical
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index. Civil marriage certificates shall be filed for record in one volume or
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series and burial-transit and removal permits in another. All volumes shall
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be maintained in the town clerk’s office as permanent records.
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(e) The member of a couple that moves into and becomes a permanent
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resident of this state may cause to be recognized in the office of the clerk of
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the town where he or she resides or, if he or she resides in an unorganized
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town or gore, in the office of the clerk of the county wherein he or she
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resides a certificate of his or her civil marriage or civil union embracing the
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statistics required by law. Such record shall not be returned to the office of
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vital statistics.
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§ 5037. PRESERVATION OF VITAL RECORDS
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(a) To preserve vital records, the state registrar is authorized to prepare
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typewritten, photographic, electronic, or other reproductions of certificates
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or reports in the office of vital statistics. Such reproductions, when verified
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and approved by the state registrar, shall be accepted as the original records,
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and the documents from which permanent reproductions have been made
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may be disposed of consistent with department record retention policies.
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(b) In the discretion of the town, vital records maintained in municipal
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offices prior to January 1, 2012, shall be preserved either by retaining the
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records in the town offices or by transferring the records, pursuant to an
5
agreement with the Vermont state archives and records administration.
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§ 5038. ADMINISTRATIVE PENALTY
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No person required by this part to transmit or provide an original or copy of
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a document, including a report, certificate, certified copy, worksheet,
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preliminary report, or other information required by law, shall knowingly fail
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to transmit or provide the document. A person who violates this section shall
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be subject to an administrative penalty of not more than $500.00 for each
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violation.
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§ 5039. VITAL RECORDS COPIES; FEES
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(a) Upon payment of a $15.00 fee, the state registrar and other designated
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custodians of vital records shall provide certified copies of a vital record,
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except that prior to providing a copy of a birth certificate, the word
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“illegitimate” shall be excluded from the copy and any verification.
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(b) Upon payment of a $5.00 fee, the state registrar or other designated
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custodian shall provide an informational copy of a vital record.
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(c) Notwithstanding 1 V.S.A. § 316(c), the fee for the search of the vital
1
records shall be $5.00, provided that no fee shall be charged for the inspection
2
of vital records that are available for inspection. The fee for the search of the
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vital record shall be credited toward the fee for the first certified copy or the
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first informational copy provided as a result of the search.
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§ 5040. CERTIFIED COPIES
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(a) The state registrar and other custodians of vital records designated by
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the state registrar to issue certified copies of birth and death records shall, upon
8
receipt of an application, issue a certified copy of a vital record in his or her
9
custody to the registrant or the registrant’s spouse, children, parents, siblings,
10
grandparents, or guardian or such person’s respective legal representative. In
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addition to those previously listed, when the registrant is deceased, a certified
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copy of the death record shall be issued, upon receipt of an application, to the
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individual with authority for final disposition as provided in section 5227 of
14
this title. The state registrar and other custodians may also issue a certified
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copy of a vital record to a specific individual pursuant to a court order finding
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that an informational copy is not sufficient for the applicant’s legal purpose
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and that a certified copy of the record is needed for the determination or
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protection of an individual’s right.
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(1)(A) An application for a certified copy of a birth or death certificate
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shall contain from the requestor the following information:
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(i) the requestor’s full legal name;
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(ii) the requestor’s full date of birth;
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(iii) the name of requestor’s organization, if any;
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(iv) the requestor’s mailing address, including city or town, state,
4
and country;
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(v) the requestor’s residence address, if different from the mailing
6
address, including city or town, state, and country;
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(vi) the requestor’s telephone number, if any;
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(vii) the purpose of the request;
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(viii) the type of record requested;
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(ix) the first and last names of the person listed on the requested
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certificate;
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(x) the requestor’s relationship to the person listed on the
13
certificate;
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(xi) the year of the vital event; and
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(xii) the requestor’s signature.
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(B) A certified copy shall not be provided if the requesting party
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cannot or will not provide this completed application.
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(2) An application for a certified copy of a birth or death certificate shall
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include identification documents to prove that the applicant is eligible to
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receive a certified copy. An application for a certified copy of a birth or death
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certificate may be submitted by mail or electronic means by a resident or
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nonresident provided that the requirements of this section are met. A valid
2
government-issued identification document issued by an appropriate issuing
3
authority shall be provided at the time of application. An application
4
submitted by mail shall include a notary public statement of identification of
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the applicant.
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(A) Specific forms of government-issued identification that are
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acceptable include:
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(i) a valid photographic operator’s license or enhanced driver’s
9
license issued by Vermont or another state of the United States;
10
(ii) a valid photographic nondriver identification card issued by
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Vermont or another state of the United States;
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(iii) a valid driver’s license or identification card issued by a
13
possession or territory of the United States, the Commonwealth of Puerto Rico,
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or the District of Columbia;
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(iv) a valid tribal identification card containing the bearer’s
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signature;
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(v) a valid United States armed services identification card
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containing the bearer’s signature;
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(vi) a valid passport issued by the United States or a foreign
20
jurisdiction;
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(vii) a valid visa, if it is contained within a passport and the
1
bearer’s signature is on the passport rather than the visa;
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(viii) a valid Resident Alien Card or Permanent Resident Card
3
(Form I-551);
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(ix) a valid Employment Authorization Card (Form I-766 or
5
Form I-688A);
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(x) a valid Temporary Resident Card (Form I-688).
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(B) The following shall not be accepted as valid government-issued
8
identification:
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(i) a Matricula Consular ID Card;
10
(ii) a Mexican Voter Registration Card “Credencial Para Votar”;
11
(iii) an Alien Registration Receipt Card Form I-151 (replaced by
12
the I-551);
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(iv) a USA B1/B2 Visa/BCC (Form DSP-150);
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(v) a Nonresident Border Crosser Card (Form I-586);
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(vi) a Nonresident Alien Mexican Border Crosser Card
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(Form I-186);
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(vii) a Nonresident Alien Canadian Border Crosser Card
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(Form I-185);
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(viii) a U.S. Citizen Identification Card (Form I-197);
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(ix) a school identification card;
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(x) a tribal identification card that lacks the bearer’s signature;
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(xi) a U.S. military identification card that lacks the bearer’s
2
signature;
3
(xii) a driver’s license issued by a foreign jurisdiction;
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(xiii) an international driver’s license.
5
(C) If a requestor does not have an acceptable or valid
6
government-issued identification document, the state registrar may request
7
alternative evidence of the requestor’s identity, as appropriate. The state
8
registrar may also request alternative evidence of the requester’s eligibility to
9
receive the document.
10
(3) All application information shall be entered into a central tracking
11
system and checked for any prohibitions on release of the record generally or
12
release to the requesting party specifically pursuant to section 5045 of this title.
13
(4) All copies of valid identification documents submitted pursuant to this
14
subsection shall be legible and contain an expiration date that has not passed, a
15
photo, an address, a signature, and a unique number or bar code, such as a driver’s
16
license number or passport number, assigned to the person. If the photo is not clear
17
on the valid government-issued identification document but all other information is
18
legible, the identification document may be accepted, but the state registrar may
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request additional copies or information. All copies of identification documents
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shall be reviewed for evidence of tampering, expiration date, address, and a
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comparison of the signature with the signature on the application. Notarized
1
statements shall not be accepted in lieu of a valid government-issued identification
2
document.
3
(b) The state registrar and other custodians of vital records designated by the
4
state registrar to issue certified copies of civil marriage, civil union, divorce, and
5
dissolution records shall, upon request of any person, issue a certified copy in his or
6
her custody.
7
(c) All forms and procedures used in the issuance of certified copies of
8
vital records in the state shall be uniform and provided or approved by the
9
commissioner. All certified copies issued shall have security features that
10
deter the document from being altered, counterfeited, duplicated, or simulated
11
without ready detection.
12
(d) Each certified copy issued under this subsection shall show the date of
13
registration, if available, and, when applicable, shall be marked “Amended”
14
and show the effective date of the amendment. Certified copies issued from
15
records marked “Delayed” shall be similarly marked and shall include the date
16
of registration and a description of the evidence used to establish the delayed
17
certificate. Any certified copy issued of a “Certificate of Foreign Birth” shall
18
comply with the provisions of section 5106 of this title, show the actual place
19
of birth, and state that the certificate is not proof of United States citizenship
20
for the adoptive child.
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(e) Upon receipt of a written request on a form provided by the department,
1
the state registrar may issue a certified copy of a death certificate to:
2
(1) the Social Security Administration;
3
(2) the Veterans’ Administration;
4
(3) the deceased’s insurance carrier, if such carrier provides benefits to
5
the decedent’s survivors or beneficiaries; and
6
(4) a funeral home or crematorium on behalf of the individual with
7
authority for final disposition, as provided in section 5227 of this title, for the
8
decedent for whom burial or cremation services are rendered.
9
(f) A certified copy of a vital record, issued in accordance with subsections
10
(a), (b), (c), (d), and (e) of this section shall be considered for all purposes the
11
same as the original and shall be prima facie evidence of the facts stated
12
therein.
13
(g) If the state registrar receives information that a birth or death certificate
14
may have been registered through fraud or misrepresentation, the state registrar
15
shall withhold issuance of any copy of that birth or death certificate pending an
16
investigation. If the state registrar is unable to verify the accuracy of the birth
17
or death certificate, the state registrar shall remove the birth or death certificate
18
from the file and notify the individual requesting a copy of the birth or death
19
certificate that the record cannot be certified. The birth or death certificate and
20
evidence shall be retained by the department but shall not be subject to
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inspection or copying except upon order of the civil division of the superior
1
court or by the state registrar for purposes of administering the vital statistics
2
program.
3
(h) No person shall prepare or issue any certificate which purports to be a
4
certified copy of a vital record except as authorized in this section.
5
§ 5041. INFORMATIONAL COPIES
6
(a) The state registrar and other custodians of vital records authorized by
7
the state registrar to issue informational copies of birth and death records shall,
8
upon receipt of an application, issue an informational copy of a vital record in
9
his or her custody to the requesting party.
10
(1)(A) An application for an informational copy of a birth or death
11
certificate shall contain from the requestor the following information:
12
(i) the requestor’s full legal name;
13
(ii) the requestor’s full date of birth;
14
(iii) the name of the requestor’s organization, if any;
15
(iv) the requestor’s mailing address, including city or town, state,
16
and country;
17
(v) the requestor’s residence address, if different from the mailing
18
address, including city or town, state, and country;
19
(vi) the requestor’s telephone number, if any;
20
(vii) the purpose of the request, if any;
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(viii) the type of record requested;
1
(ix) the first and last names of the person listed on the requested
2
certificate;
3
(x) the requestor’s relationship to the person listed on the
4
certificate, if any;
5
(xi) the year of the vital event; and
6
(xii) the requestor’s signature.
7
(B) An informational copy shall not be provided if the requesting
8
party cannot or will not provide this completed application.
9
(2) All application information shall be entered into a central tracking
10
system maintained by the department and shall be checked for any prohibitions
11
on release of the record generally or release to the requesting party specifically
12
pursuant to section 5045 of this title.
13
(b) The state registrar and other custodians of vital records designated by
14
the state registrar to issue informational copies of civil marriage, civil union,
15
divorce, and dissolution records shall, upon request of any person, issue an
16
informational copy in his or her custody.
17
(c) All forms and procedures used in the issuance of informational copies
18
of vital records in the state shall be uniform and provided or approved by the
19
commissioner. An informational copy shall not be in the same format as that
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of a certified copy and will be in a generic report format that cannot be used
1
for legal purposes.
2
(d) Each informational copy issued shall show the date of registration and,
3
when applicable, shall be marked “Amended” and show the effective date of
4
the amendment. Informational copies issued from records marked “Delayed”
5
shall be similarly marked and shall include a description of the evidence used
6
to establish the delayed certificate. Any informational copy issued of a
7
“Certificate of Foreign Birth” shall comply with the provisions of section 5106
8
of this title, show the actual place of birth, and state that the certificate is not
9
proof of United States citizenship for the adoptive child.
10
(e)(1) An informational copy of a vital record issued in accordance with
11
subsections (a) through (d) of this section shall not be considered evidentiary
12
value of a certificate or record or prima facie evidence of the facts stated
13
therein.
14
(2) Notwithstanding subdivision (1) of this subsection, an informational
15
copy of a vital record may be recorded in the land records of a municipality to
16
establish the date of birth or death of a person with an ownership interest in
17
property. Certified copies of vital records shall not be recorded in the land
18
records of a municipality. A reproduction of a certified copy, such as an
19
informational copy of a vital record or a photocopy of a certified copy of a
20
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vital record, may be recorded in the land records provided that the reproduction
1
is not printed on unique paper with antifraud features.
2
(f) If the state registrar receives information that a certificate may have
3
been registered through fraud or misrepresentation, the state registrar shall
4
withhold issuance of any copy of that certificate pending an investigation. If
5
the state registrar is unable to verify the accuracy of the certificate, the state
6
registrar shall remove the certificate from the file and shall notify the
7
individual requesting a copy of the certificate that the record cannot be
8
certified. The certificate and evidence shall be retained by the department but
9
shall not be subject to inspection or copying except upon order of the civil
10
division of the superior court or by the state registrar for purposes of
11
administering the vital statistics program. The state registrar shall refer the
12
matter to the appropriate state and federal authorities.
13
(g) No person shall prepare or issue any certificate which purports to be an
14
informational copy of a vital record except as authorized in this section.
15
§ 5042. RECORDS OF OUT-OF-STATE EVENTS
16
(a) Copies of vital records for events occurring outside the state and filed
17
with the state registrar or another custodian of vital records authorized by the
18
state registrar to receive, store, and issue copies shall not be copied or certified.
19
(b) Information from vital records for events occurring outside the state and
20
recorded with the state registrar or other designated custodian of vital records
21
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may be utilized only for public health and vital statistical purposes, fraud
1
investigations, and birth and death matching or for ensuring right to title of real
2
property in Vermont.
3
§ 5043. DESIGNATED VITAL RECORDS OFFICES; REQUIREMENTS
4
(a) The commissioner shall establish the physical requirements and security
5
standards that must be met for storage of vital records documents and supplies.
6
The requirements and standards shall be based on best practices issued by state
7
and federal law enforcement and public health organizations.
8
(b) At a minimum, the state registrar and other custodians of vital records
9
designated by the state registrar to issue copies shall utilize a fireproof safe or
10
vault to protect any confidential information and any materials that could be
11
utilized to create a vital record.
12
(c) The state registrar may authorize inspection of informational copies at a
13
municipal office if the municipality provides access to the electronic database
14
of informational copies of vital records or the municipality maintains an index
15
or other method approved by the state registrar of recording informational
16
copies of vital records.
17
(d) The state registrar may conduct an audit of any site storing and issuing
18
vital records. Any site that does not pass the audit shall not provide storage
19
and issuance services until the site passes a new audit. The state registrar shall
20
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offer to conduct a new audit within 30 days of issuing the previous deficient
1
audit result.
2
§ 5044. CRIMINAL PENALTIES
3
(a)(1) No person shall:
4
(A) knowingly make any false statement in a certificate, record, or
5
report required by this part or in an application for an amendment thereto or in
6
an application for a certified copy of a vital record, or knowingly supply false
7
information intending that such information be used in the preparation of any
8
such report, record, or certificate or amendment thereto;
9
(B) without lawful authority and with the intent to deceive, make,
10
counterfeit, alter, amend, or mutilate any certificate, record, or report required
11
by this part or a certified copy of such certificate, record, or report;
12
(C) knowingly and with the intent to deceive, obtain, possess, use,
13
sell, or furnish a false, counterfeited, altered, amended, or mutilated certificate,
14
record, unique paper with antifraud features, or report required by this part, or
15
a certified copy thereof, which relates to the birth of another person, whether
16
living or deceased; or
17
(D) without lawful authority possesses any certificate, record, or
18
report required by this part or a copy or certified copy of such certificate,
19
record, or report knowing that it has been stolen or otherwise unlawfully
20
obtained.
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(2) An employee of the department or any office designated under this
1
part shall not furnish or process a certificate of birth or death or a certified
2
copy of a certificate of birth or death knowing that it is intended to be used for
3
fraudulent purposes.
4
(3) A person who violates this subsection shall be fined not more than
5
$10,000.00 or imprisoned for not more than five years, or both.
6
(b)(1) No person shall:
7
(A) knowingly refuse to provide information required by this part or
8
by rules adopted to carry out its purposes;
9
(B) knowingly transport or accept for transportation, interment, or
10
other disposition a dead body without an accompanying permit as provided in
11
this part;
12
(2) A person who violates this subsection shall be fined not more than
13
$1,000.00 or imprisoned not more than one year, or both.
14
(c) The penalties provided in this section are in addition to any other
15
penalties that may be authorized by law.
16
§ 5045. VITAL RECORDS ALERT SYSTEM
17
(a) The department shall maintain a vital records alert system. The
18
department shall incorporate into the vital records alert system information
19
about activities subject to penalties pursuant to section 5044 of this chapter
20
reported by authorized representatives of other states, territories, and federal
21
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agencies and as determined by the state registrar after investigation as provided
1
in this section. The information in the vital records alert system shall be
2
exempt from inspection or copying under the public records act, as set forth in
3
1 V.S.A. chapter 5, subchapter 3, except that the department may share
4
information in the vital records alert system with other state, federal, or
5
international regulatory agencies or law enforcement authorities if the recipient
6
regulatory agency or law enforcement authority agrees to maintain the
7
confidential nature of the information.
8
(b) In the event that the vital records alert system identifies a match with
9
any registrant or applicant for a certified or informational copy of a birth or
10
death record or if the information or documentation submitted with the
11
application appears to be false, misleading, modified, or stolen, the state
12
registrar or designated custodians of public records shall delay issuance of the
13
document and the designated custodian of public records shall notify the state
14
registrar. The state registrar shall conduct an investigation.
15
(1) If, upon conclusion of the investigation, the state registrar
16
determines that the request is legitimate and not related to an activity subject to
17
penalties pursuant to section 5044 of this chapter, the application process for a
18
certified or informational copy or registration of a vital event shall be
19
completed and the requested record shall be issued or the vital record
20
registered.
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(2) If, upon conclusion of the investigation, the state registrar confirms
1
that the applicant or registrant is entered in the vital records alert system or
2
determines that information or documents submitted with the application are
3
related to an activity subject to penalties pursuant to section 5044 of this
4
chapter, the state registrar shall inform the applicant in writing that his or her
5
name shall be placed in the vital records alert system. If the applicant
6
requested a certified copy of a vital record or registration of a vital record, the
7
state registrar shall deny the request.
8
(3) The applicant, pursuant to Rule 75 of the Vermont Rules of Civil
9
Procedure, may appeal the state registrar’s decision under subdivision (2) of
10
this subsection to the civil division of the superior court in the county in which
11
the applicant resides or has his or her personal place of business, or in which
12
the public records are situated, or in the civil division of the superior court of
13
Washington County. If the court affirms the decision of the state registrar,
14
based on clear and convincing evidence, the court shall deny the request for a
15
certified copy or registration of a vital record, and the applicant’s or
16
registrant’s information shall remain in the vital records alert system. If the
17
court reverses the decision of the state registrar, the court shall order the state
18
registrar to issue the certified copy or registration of a vital record and remove
19
the applicant’s name and information from the vital records alert system.
20
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§ 5046. BIRTH AND DEATH MATCHING
1
To protect the integrity of vital records and to prevent the fraudulent use of
2
birth certificates of deceased persons, the department shall match birth and
3
death certificates. Certified and informational copies of birth certificates of
4
people who have died shall be marked “Deceased.”
5
§ 5047. MISSING OR KIDNAPPED
6
(a) The department shall maintain and update the system of vital statistics
7
for Vermont residents listed as missing or kidnapped. The list shall be
8
provided by the department of public safety to the department of health on an
9
agreed-upon schedule.
10
(b) The offices designated authority by the state registrar to issue certified
11
or informational copies of birth certificates shall delay issuance of a copy of a
12
birth certificate for a Vermont resident listed as missing or kidnapped and shall
13
refer the case to the department of public safety for investigation. The request
14
for a copy of the birth certificate shall be completed upon clearance by an
15
authorized representative of the department of public safety that the requestor
16
is not involved in the disappearance of the party listed on the birth certificate.
17
§ 5048. SEVERABILITY
18
If any provision of this part or the application thereof to any person or
19
circumstances is held invalid, such invalidity shall not affect other provisions
20
or applications of the part which can be given effect without the invalid
21
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provision or application, and to this end the provisions of the part are declared
1
to be severable.
2
§ 5049. APPEALS
3
Any person aggrieved by a decision by the state registrar or designated vital
4
records custodian to withhold issuance of a certified copy of a vital record
5
under this chapter may appeal to the civil division of the superior court in the
6
county in which the complainant resides or has his or her personal place of
7
business, or in which the public records are situated, or in the criminal division
8
of the superior court of Washington County, provided that a decision of the
9
state registrar or a designated vital records custodian to withhold issuance of a
10
certified copy of a vital record under this chapter shall not be subject to
11
expedited review under 1 V.S.A § 319. A decision of the state registrar or a
12
designated vital records custodian to withhold issuance of an informational
13
copy of a vital record shall be subject to expedited review under 1 V.S.A.
14
§ 319.
15
Sec. 2. 18 V.S.A. chapter 104 is added to read:
16
CHAPTER 104. BIRTH RECORDS
17
§ 5101. BIRTH REGISTRATION
18
(a) A certificate of birth for each live birth which occurs in this state shall
19
be filed with the department within five days after such birth and shall be
20
registered if it has been completed and filed in accordance with this chapter.
21
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(b) At the time of birth of a child, each parent shall furnish the following
1
information on a form or in a manner prescribed by the commissioner: the
2
parent’s name, address, and Social Security number and the name and date of
3
birth of the child. The department may request additional information as
4
needed to fulfill federal and state requirements.
5
(c) When a birth occurs in an institution or en route thereto, the person in
6
charge of the institution or his or her designee shall obtain the personal data,
7
prepare the certificate, certify that the child was born alive at the place and
8
time and on the date stated either by signature or by an approved electronic
9
process, and file the certificate as directed in this part. The physician or other
10
health care provider in attendance shall provide the medical information
11
required by the certificate within 72 hours after the birth.
12
(d) When a birth occurs outside an institution, the certificate shall be
13
prepared and filed by one of the following in the indicated order of priority:
14
(1) the physician or midwife in attendance at or immediately after the
15
birth;
16
(2) a parent of the child present at the birth;
17
(3) any other person in attendance at or immediately after the birth; or
18
(4) the person in charge of the premises where the birth occurred.
19
(e) When a birth occurs on a moving conveyance within the United States
20
and the child is first removed from the conveyance in this state, the birth shall
21
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be registered in this state and the place where the child is first removed shall be
1
considered the place of birth. When a birth occurs on a moving conveyance
2
while in international waters or air space or in a foreign country or its air space
3
and the child is first removed from the conveyance in this state, the birth shall
4
be registered in this state, but the certificate shall show the actual place of birth
5
insofar as it can be determined.
6
(f) For the purposes of birth registration, the mother is deemed to be the
7
woman who gives birth to the child unless otherwise provided by state law or
8
determined by the probate division of the superior court prior to the filing of
9
the birth certificate.
10
(g) The name of the father shall be included on the birth certificate of the
11
child of unmarried parents only if the father and mother have signed a
12
voluntary acknowledgment of parentage or a court or administrative agency of
13
competent jurisdiction has issued an adjudication of parentage.
14
(h) In any case in which paternity of a child is determined by the family
15
division of the superior court or other court or administrative agency of
16
competent jurisdiction, the name of the father and the surname of the child
17
shall be entered on the certificate of birth in accordance with the finding and
18
order of the court or administrative agency.
19
(i) If the father is not named on the certificate of birth, no other information
20
about the father shall be entered on the certificate.
21
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(j) Either of the parents of the child or, in the absence of both of the
1
parents, another informant shall verify the accuracy of the personal data to be
2
entered on the certificate in time to permit the registration of the certificate
3
within the five days prescribed in this section.
4
(k) Certificates of birth filed after five days but within one year from the
5
date of birth shall be registered on the standard form of live birth certificate in
6
the manner prescribed in this section. Such certificates shall not be marked
7
“Delayed.” The state registrar may require additional evidence in support of
8
the facts of birth before issuance of a birth certificate pursuant to this
9
subsection.
10
(l) The state registrar shall not register any certificate of birth which is
11
incomplete or for which the state registrar has reason to believe the
12
information provided is not accurate. If the state registrar refuses to register a
13
certificate of birth under this section, the person submitting the certificate for
14
registration shall be referred to the probate division of the superior court for
15
proceedings pursuant to section 5104 of this title.
16
§ 5102. INFANTS OF UNKNOWN PARENTAGE; FOUNDLING
17
REGISTRATION
18
(a) Whoever assumes the custody of a live-born infant of unknown
19
parentage shall report to the department on a form and in a manner prescribed
20
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by the commissioner within five days of assuming custody the following
1
information:
2
(1) the date, city or town, and county of finding;
3
(2) the sex and approximate birth date of the child based on consultation
4
with a physician;
5
(3) the name and address of the custodian or other person or institution
6
with whom the child has been placed for care;
7
(4) the name given to the child by the custodian of the child; and
8
(5) other data as required by the state registrar.
9
(b) The place where the child was found shall be entered as the place of
10
birth.
11
(c) A report registered under this section shall constitute the certificate of
12
birth for the child.
13
(d) If the child is identified and a certificate of birth is found or obtained,
14
the report registered under this section shall be placed in a special file and shall
15
not be subject to inspection except upon court order or as provided by the
16
department by rule. All copies of the report in the custody of any other
17
custodian of vital records in this state shall be forwarded to the state registrar
18
and sealed from inspection, as he or she shall direct. Any duplicate electronic
19
records created as a result of the foundling registration shall be removed and
20
destroyed.
21
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§ 5103. DELAYED REGISTRATION OF BIRTH
1
(a) When a certificate of birth of a person born in this state has not been
2
filed within one year following the birth event, the person’s parent or legal
3
guardian or the person, if over the age of 18, may file with the department an
4
application for a delayed certificate of birth. The application shall contain all
5
of the information required for a certificate of birth pursuant to section 5101 of
6
this title, reasons for the delay in filing, and evidence substantiating the facts of
7
birth.
8
(b) A previously unreported birth shall be registered on a delayed
9
certificate of birth form with the word “Delayed” at the top and show the date
10
of registration. The delayed certificate shall contain a summary of the
11
evidence submitted in support of the delayed registration.
12
(c) No delayed certificate of birth shall be registered for a deceased person.
13
(d) When an applicant does not submit the minimum documentation for
14
delayed registration or when the state registrar has cause to question the
15
validity or adequacy of the applicant’s sworn statement or the documentary
16
evidence, and if the deficiencies are not corrected, the state registrar shall not
17
register the delayed certificate of birth and shall advise the applicant of the
18
reasons for this action and shall further advise the applicant of his or her right
19
to seek an order pursuant to section 5104 of this title from the probate division
20
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of the superior court for the district in which the birth occurred. The state
1
registrar shall refer the matter to the appropriate state and federal authorities.
2
§ 5104. JUDICIAL PROCEDURE TO ESTABLISH FACTS OF BIRTH
3
(a) If the state registrar does not register a certificate of birth pursuant to
4
section 5101 of this title or a delayed certificate of birth pursuant to section
5
5103 of this title, a petition signed and sworn to by the petitioner may be filed
6
with the probate division of the superior court for the district in which the birth
7
occurred for an order establishing a record of the date and place of the birth
8
and the parentage of the person whose birth is to be registered.
9
(b) A petition filed pursuant to subsection (a) of this section shall be made
10
on a form prescribed by the court, in consultation with the commissioner, and
11
shall include sufficient evidence of the following:
12
(1) that the person for whom a certificate of birth or delayed certificate
13
of birth is sought was born in this state;
14
(2) that no certificate of birth or delayed certificate of birth of such
15
person can be found in the department or in the office of any local, regional, or
16
state custodian of birth certificates;
17
(3) that diligent efforts by the petitioner have failed to obtain the
18
evidence required in accordance with the statutes and rules required for a
19
certificate of birth or delayed certificate of birth;
20
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(4) that the state registrar has not registered a certificate of birth or
1
delayed certificate of birth for the individual pursuant to section 5101 or 5103
2
of this title; and
3
(5) such other evidence as the court may require to prove the facts of the
4
birth necessary for completion of a certificate of birth or delayed certificate of
5
birth.
6
(c) The petition shall be accompanied by a statement of the state registrar
7
made in accordance with section 5101 or 5103 of this title, as applicable, and
8
all of the documentary evidence submitted to the state registrar in support of
9
such registration.
10
(d) The court shall fix a time and place for hearing the petition and shall
11
give the department 30 days’ notice of such hearing. The department may
12
appear and participate as a party in the proceeding.
13
(e) If the court finds from the evidence presented that the person for whom
14
a certificate of birth or delayed certificate of birth is sought was born in this
15
state, it shall make findings as to the place and date of birth, parentage, and
16
such other findings as may be required and shall issue an order to establish a
17
certificate of birth or delayed certificate of birth. This order shall include the
18
birth date to be registered, a description of the evidence presented, and the date
19
of the court’s action.
20
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(f) If the court finds that it appears the petitioner presented false or
1
misleading evidence or evidence that appears to include falsified, modified, or
2
stolen identification documents, the petition shall be denied and the department
3
shall refer the matter to the appropriate state and federal authorities.
4
§ 5105. REPORT OF ADOPTION
5
(a) For each adoption decreed by the probate division of a superior court in
6
this state, the court shall prepare and register a report of adoption on a form
7
prescribed and furnished by the commissioner.
8
(b) The report of adoption shall:
9
(1) include such facts as are necessary to locate and identify the
10
certificate of birth of the person adopted or, in the case of a person who was
11
born in a foreign country, evidence from sources determined to be reliable by
12
the court as to the date and place of birth of such person;
13
(2) provide information necessary to establish a new certificate of birth
14
of the person adopted;
15
(3) identify any previous orders of adoption relative to the person;
16
(4) include the file number of the decree of adoption and the date on
17
which the decree became final; and
18
(5) be certified by the clerk of the court.
19
(c) Information necessary to prepare the report of adoption shall be
20
furnished by each petitioner for adoption. An adoption agency or any person
21
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having knowledge of the facts shall supply the court with such additional
1
information as may be necessary to complete the report of adoption, as
2
required by the court.
3
(d) Whenever an adoption decree is amended or annulled, the clerk of the
4
court shall prepare a report thereof which shall include such facts as are
5
necessary to identify the original report of adoption and the facts amended in
6
the adoption decree as shall be necessary to properly amend the birth record.
7
The state registrar shall maintain the confidentiality of the adoption records
8
and reports received from the court as required by law.
9
(e) Not later than the tenth day of each calendar month, the clerk of the
10
court shall forward to the state registrar reports of adoption, reports of
11
annulment of adoption, and amendments of decrees of adoption which were
12
entered in the preceding month. The state registrar shall maintain the
13
confidentiality of the adoption records and reports received from the court as
14
required by law.
15
(f) Upon receipt of a report of adoption, report of annulment of adoption, or
16
amendment of a decree of adoption for a person born outside this state, the
17
state registrar shall forward such report to the state registrar in the state of
18
birth.
19
(g) If the birth occurred in a foreign country and the child was not a citizen
20
of the United States at the time of birth, the state registrar shall prepare a
21
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“Certificate of Foreign Birth.” If the child was born in Canada, the state
1
registrar shall also send a copy of the report of adoption, report of annulment
2
of adoption, or amendment of a decree of adoption to the appropriate
3
registration authority in that country. If the child was born in a foreign country
4
but was a citizen of the United States at the time of birth, the state registrar
5
shall not prepare a “Certificate of Foreign Birth” and shall notify the adoptive
6
parents of the procedures for obtaining a revised birth certificate for their child
7
through the United States Department of State.
8
§ 5106. CERTIFICATES OF BIRTH FOLLOWING ADOPTION, COURT
9
DETERMINATION OF PATERNITY, AND PATERNITY
10
ACKNOWLEDGMENT
11
(a) The state registrar shall establish a new certificate of birth for a person
12
born in this state when:
13
(1) he or she receives a report of adoption, as provided in section 5105
14
of this title;
15
(2) he or she receives from the probate division of the superior court an
16
order to issue a new birth certificate establishing the paternity of such
17
person; or
18
(3) he or she receives a voluntary acknowledgment of paternity form
19
and both parents request that the surname be changed from that shown on the
20
original certificate.
21
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(b) When a new certificate of birth is established following an adoption, it
1
shall show the actual city or town, county, and date of birth, and the adoptive
2
parents as the parents. The new birth certificate shall not contain a statement
3
as to whether the adopted person was illegitimate and shall not contain any
4
content or statement that would distinguish it from any other original
5
certificate of birth.
6
(c) The new birth certificate shall be substituted for the original certificate
7
of birth in the office of vital statistics and at local, regional, and state facilities,
8
and the original certificate of birth and the evidence of adoption, court
9
determination of paternity, or paternity acknowledgment shall not be subject to
10
inspection until 99 years after the adoptee’s date of birth or upon order of the
11
probate division of the superior court for the district in which the birth
12
occurred or as otherwise provided by Vermont law.
13
(d) Upon receipt of a report of an amended decree of adoption pursuant to
14
section 5105 of this title, the certificate of birth shall be amended.
15
(e) Upon receipt of a report or decree of annulment of adoption pursuant to
16
section 5105 of this title, the original certificate of birth shall be restored to its
17
place in the files and the new certificate and evidence shall not be subject to
18
inspection except upon order of the probate division of the superior court or as
19
otherwise provided by Vermont law.
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(f) If no certificate of birth is on file for a person for whom a new birth
1
certificate is to be established under this section and the date and place of birth
2
have not been determined in the adoption or paternity proceedings, a delayed
3
certificate of birth shall be filed with the state registrar before a new certificate
4
of birth is established. The new birth certificate shall be prepared on the
5
delayed birth certificate form.
6
(g) When a new certificate of birth is established by the state registrar, all
7
copies of the original certificate of birth in the custody of any other custodian
8
of vital records in this state shall be sealed from inspection or forwarded to the
9
state registrar, as he or she shall direct.
10
(h) Unless specified in an order of adoption issued by the probate division
11
of the superior court, the state registrar shall not establish a new birth
12
certificate if he or she receives, accompanying the record of adoption, a written
13
request that a new certificate not be established from either:
14
(1) the adopted person, if 14 years or older; or
15
(2) the adoptive parent or parents, if the adopted person is under 14
16
years of age.
17
(i) The state registrar shall, upon request, prepare and register a certificate
18
in this state for a person born in a foreign country who is not a citizen of the
19
United States and who was adopted through a court of competent jurisdiction
20
or through the birth country’s government office with legal authority to issue
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adoption decrees. The certificate shall be established upon receipt of a report
1
of adoption from the court or government office decreeing the adoption, proof
2
of the date and place of the child’s birth, and a request from the court or
3
government office, the adopting parents, or the adopted person if 14 years of
4
age or over that such a certificate be prepared. Such certificate shall be labeled
5
“Certificate of Foreign Birth” and shall show the actual country of birth. A
6
statement shall also be included on the certificate indicating that it is not
7
evidence of United States citizenship for the child for whom it is issued. After
8
registration of the birth certificate in the new name of the adopted person, the
9
state registrar shall seal and file the report of adoption and any associated
10
records and documents, which shall not be subject to inspection except upon
11
order of a court in this state or as otherwise provided by Vermont law.
12
(j) When the state registrar receives a report of adoption for a person born
13
in another state, he or she shall forward a certified copy of the court order of
14
adoption and a certified copy of the report of adoption to the state registrar in
15
the state of birth, with a request that a new birth certificate be established under
16
the laws of that state.
17
(k) Upon request by a person who was listed as a parent on an adoptee’s
18
original birth certificate and who furnishes appropriate proof of the person’s
19
identity, the state registrar shall give the person an informational copy of the
20
original birth certificate.
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§ 5107. CORRECTIONS
1
(a) For each birth which occurs in this state, within three months of
2
registration of the birth, except for that of a child known to have died or to
3
have been surrendered for adoption, the state registrar shall send a notice of
4
birth registration to the parents of the child. Such notice shall contain the
5
pertinent facts, including the child’s full name, the date and place of birth, and
6
the names of the parents, along with instructions and a form on which to apply
7
for corrections or additions.
8
(b) Within six months after the date of registration of the birth certificate,
9
correction of obvious errors, of transpositions of letters in words of common
10
knowledge, or of omissions and addition of the father to the birth certificate
11
pursuant to a voluntary acknowledgment of parentage may be made by the
12
state registrar upon his or her own observation. The state registrar may make
13
corrections to or complete items which are not obvious errors upon written
14
request of the parent or guardian, the hospital, the certifying attendant, or the
15
town clerk in the town of occurrence or the town of residence on a form
16
provided by the state registrar. The state registrar may correct or complete the
17
certificate accordingly and shall certify thereon that such correction or
18
completion was made pursuant to this section, with the date thereof.
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(c) The state registrar shall destroy any current version of the corrected or
1
completed birth certificate maintained at the department and at local, regional,
2
and state facilities and replace it with the corrected or completed version.
3
(d) The state registrar may refuse an application for correction or
4
completion, in which case the applicant may petition the probate division of
5
the superior court for the district in which the birth occurred for such
6
correction or completion.
7
§ 5108. AMENDMENTS
8
(a) Except as otherwise provided in subsection (b) of this section, after six
9
months from the date of registration of the birth, the birth certificate of a
10
person born in this state may be amended only by the decree of the probate
11
division of the superior court for the district in which the birth occurred. A
12
petition for such amendment may be brought by the person, the person’s parent
13
or guardian, the hospital in which the birth occurred, the certifying attendant,
14
the town clerk in the town of occurrence or the town of residence, or the state
15
registrar, setting forth the reason for such petition and the amendment desired.
16
After six months from the date of birth, the birth certificate may be amended to
17
add the father pursuant to a voluntary acknowledgment of parentage only as
18
provided in this section.
19
(b) The state registrar may amend a certificate of birth after six months
20
from the date of registration of the birth without a decree from the probate
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division of the superior court when the amendment is to address an
1
administrative error as a result of data entry, electronic imaging, or other minor
2
errors related to records management activity. The state registrar may refuse
3
an application for amendment of an administrative error if the state registrar is
4
unable to confirm the existence of the error, in which case the applicant may
5
petition the probate division of the superior court for the district in which the
6
birth occurred for such amendment.
7
(c) The probate division of the superior court for the district in which the
8
birth occurred shall set a time for hearing on a petition filed under this section
9
and may cause notice thereof, if it deems notice to be necessary, by posting a
10
notice in the public area of the court’s office. After hearing such proper and
11
relevant evidence as may be presented, the court shall make findings with
12
respect to the birth of the person as are supported by the evidence, issue a
13
decree setting forth the facts as found, and transmit a certified copy thereof to
14
the state registrar.
15
(d) A certificate of birth that is amended by court order pursuant to this
16
section shall have the words “Court Amended” at the top of the amended
17
certificate and all copies thereof and the state registrar shall certify that the
18
amendment was ordered by said court pursuant to this section with the date of
19
decree. The amended information shall be notated on the amended certificate
20
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and all copies thereof to show the legal effects, including the date of the court
1
order and specification of the information that was changed.
2
(e) The state registrar shall destroy any current version of the birth
3
certificate maintained at the department and at local, regional, and state
4
facilities and replace it with the amended version.
5
(f) Birth certificates that are amended pursuant to this section for
6
corrections or additions that would have been permitted under subsection
7
5107(b) of this section if requested within six months of the registration of the
8
birth of the child shall be amended without payment of a court fee.
9
(g) Whenever a person changes his or her name pursuant to chapter 13 of
10
Title 15, he or she shall provide the probate division of the superior court with
11
a certified copy of his or her birth certificate and, if married or a party to a civil
12
union, a certified copy of his or her civil marriage or civil union certificate and
13
a certified copy of the birth certificate of each minor child, if any. The register
14
of probate with whom the change of name is filed and recorded shall transmit
15
the certificates and a certified copy of the instrument of change of name to the
16
state registrar. The state registrar shall amend the original birth certificate or
17
certificates in accordance with the provisions of this section. Such amended
18
certificates shall have the words “Court Amended” at the top of the amended
19
certificate and all copies thereof and shall certify that the amendment was
20
ordered by said court pursuant to this section. The amended information shall
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be notated on the amended certificate and all copies thereof to show the legal
1
effects, including the date of the court order and specification of the
2
information that was changed.
3
§ 5109. FORM AND EFFECT OF NEW CERTIFICATES
4
All birth certificates issued pursuant to the provisions of this chapter shall
5
have the same force and effect as though filed in accordance with the
6
provisions of section 5101 of this title. Each certified copy of such a certificate
7
shall have the same force and effect as though the original certificate is
8
presented. A certified copy shall provide the necessary elements to meet the
9
legal requirements of state and federal law but is not required to be an exact
10
image of the original certificate.
11
§ 5110. PARTICIPANTS IN ADDRESS CONFIDENTIALITY PROGRAM
12
(a) If a participant in the program described in chapter 21, subchapter 3 of
13
Title 15 who is the parent of a child born during the period of program
14
participation notifies the physician or midwife who delivers the child or the
15
hospital at which the child is delivered not later than 72 hours after the birth of
16
the child that the participant’s confidential address should not appear on the
17
child’s birth certificate, then the department shall not disclose such confidential
18
address or the participant’s town of residence on any public record. A
19
participant who fails to provide such notice shall be deemed to have waived the
20
provisions of this section. Notwithstanding the provisions of section 5101 of
21
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this title, if notice of a parent’s participation in the address confidentiality
1
program is received in a timely fashion, the attendant physician or midwife
2
shall file the certificate with the state registrar within five days of the birth
3
without the confidential address or town of residence and shall not file the
4
certificate with the town clerk.
5
(b) The state registrar shall receive and file for record all certificates filed
6
in accordance with this section and shall ensure that a parent’s confidential
7
address and town of residence do not appear on the birth certificate during the
8
period that the parent is a program participant. The state registrar shall notify
9
the secretary of state of the receipt of a birth certificate on behalf of a program
10
participant.
11
(c) The department shall maintain a confidential record of the parent’s
12
actual mailing address and town of residence. Such record shall be exempt
13
from public inspection and copying.
14
(d) Upon the renewal, expiration, withdrawal, invalidation, or cancellation
15
of program participation of any parent for whom the secretary of state received
16
notice from the state registrar, the secretary of state shall notify the state
17
registrar.
18
(e) Notwithstanding the provisions of sections 5107 and 5108 of this title,
19
upon notice of the expiration, withdrawal, invalidation, or cancellation of
20
program participation, the state registrar shall enter the parent’s actual mailing
21
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address and town of residence on the original birth certificate and shall
1
transmit the completed original birth certificate to all sites with designated
2
authority by the state registrar to hold such records and issue copies.
3
§ 5111. NAMES ON BIRTH CERTIFICATES
4
(a) A birth certificate is not complete and correct and acceptable for
5
registration by the state registrar if such certificate contains:
6
(1) items completed with pictographs or ideographs or writing that is not
7
part of the standard 26-letter English alphabet;
8
(2) given names or surnames written with symbols that have no phonetic
9
standing on their own, provided, however, that numerals used for generational
10
identifiers; common punctuation such as hyphens for hyphenated names,
11
apostrophes used as part of a given name or surname, commas to separate
12
surnames from generational identifiers, and periods in generational identifiers;
13
and initials and abbreviations used as part of a name shall be permitted; or
14
(3) given names and surnames that exceed a total of 50 characters in
15
length for each of the first, middle, and last names, to include hyphens,
16
apostrophes, and periods when used as part of the name.
17
(b) Only one generational identifier may be used after the surname.
18
Generational identifiers may not take the form of commonly conferred
19
academic honorifics, including M.D., J.D., D.O., Esq., B.A., B.S., M.A., M.S.,
20
or Ph.D. or other designations not commonly used as generational identifiers.
21
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§ 5112. ISSUANCE OF NEW BIRTH CERTIFICATE; CHANGE OF SEX
1
(a) Upon receiving from the probate division of the superior court a court
2
order that an individual’s sexual reassignment has been completed, the state
3
registrar shall issue a new birth certificate to show that the sex of the individual
4
born in this state has been changed.
5
(b) An affidavit by a licensed physician who has treated or evaluated the
6
individual stating that the individual has undergone surgical, hormonal, or
7
other treatment appropriate for that individual for the purpose of gender
8
transition shall constitute sufficient evidence for the court to issue an order that
9
sexual reassignment has been completed. The affidavit shall include the
10
medical license number and signature of the physician.
11
(c) A new certificate issued pursuant to subsection (a) of this section shall
12
be substituted for the original birth certificate in official records. The new
13
certificate shall not show that a change in name or sex, or both, has been made.
14
The original birth certificate, the probate court order, and any other records
15
relating to the issuance of the new birth certificate shall be confidential and
16
shall not be subject to public inspection pursuant to 1 V.S.A. § 317(c);
17
however an individual may have access to his or her own records and may
18
authorize the state registrar to confirm that, pursuant to court order, it has
19
issued a new birth certificate to the individual that reflects a change in name or
20
sex, or both.
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(d) If an individual born in this state has an amended birth certificate
1
showing that the sex of the individual has been changed, and the birth
2
certificate is marked “Court Amended” or otherwise clearly shows that it has
3
been amended, the individual may receive a new birth certificate from the state
4
registrar upon application.
5
Sec. 3. 18 V.S.A. § 5202 is amended to read:
6
§ 5202. DEATH CERTIFICATE; DUTIES OF PHYSICIAN DEATH
7
REGISTRATION
8
(a) A certificate of death for each death which occurs in Vermont shall be
9
filed with the department in the manner and form prescribed by the
10
commissioner within 24 hours after death or the finding of a dead body and
11
prior to final disposition and shall be registered if the certificate has been
12
completed and filed in accordance with this chapter.
13
(1) The commissioner shall prescribe, furnish, and distribute such
14
forms as are required by this section or prescribe such other means for
15
transmission of data as will accomplish the purpose of complete and
16
accurate reporting and registration of deaths.
17
(2) If the place of death is unknown but the dead body is found in this
18
state, the certificate of death shall be completed and filed in accordance with
19
this chapter. The place where the body is found shall be shown as the place of
20
death. If the exact date of death is unknown, the portions of the date known
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shall be entered as the date of death. If no portion of the date of death can be
1
determined, the date of death shall be entered as unknown and the date the
2
body was found shall be indicated as the date pronounced.
3
(3) When death occurs in a moving conveyance in the United States and
4
the body is first removed from the conveyance in this state, the death shall be
5
registered in this state and the place where it is first removed shall be
6
considered the place of death. When a death occurs on a moving conveyance
7
while in international waters or air space or in a foreign country or its air space
8
and the body is first removed from the conveyance in this state, the death shall
9
be registered in this state and the place where it is first removed shall be
10
considered the place of death.
11
(4) In all other cases, the place where death is pronounced shall be
12
considered the place where death occurred.
13
(b) The death certificate shall contain at minimum: the name of the
14
deceased person; the deceased person’s date of birth; the deceased person’s
15
date of death; the deceased’s place of death; the name of the person certifying
16
the death; whether the deceased person was a veteran of any war and, if so, of
17
which war; and the cause of death. The department may request additional
18
information as needed to fulfill federal and state requirements. The deceased
19
person’s Social Security number shall be collected but shall not be part of any
20
public record and shall be exempt from inspection and copying.
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(c) The physician who is last in attendance upon a attending licensed health
1
care professional responsible for coordinating the care of the deceased person
2
during his or her last illness shall immediately fill out complete a certificate of
3
death on a form and in a manner prescribed by the commissioner, attest to the
4
information by signature or an approved electronic process, and ensure that the
5
completed certification of the death is provided to the state registrar within 24
6
hours after the death. For purposes of this section, a licensed heath care
7
professional means a physician licensed pursuant to chapter 23 of Title 26,
8
physician’s assistant licensed pursuant to chapter 31 of Title 26, or advanced
9
practice registered nurse licensed pursuant to chapter 28 of Title 26, but does
10
not include a resident, fellow, or other temporary licensee. If he the attending
11
licensed health care professional responsible for coordinating the deceased
12
person’s care during the last illness is unable to state the cause of death, he or
13
she shall immediately notify the physician, if any, in charge of the patient’s
14
care for the illness or condition which resulted in death, who shall fill out
15
complete the certificate. If neither physician is able to state the cause of death,
16
the provisions of section 5205 of this title shall apply. The physician may
17
licensed health care professional, with the consent of the funeral director, the
18
deceased’s next-of-kin, or the individual with authority for final disposition as
19
provided in section 5227 of this title, may delegate to said funeral director such
20
person the responsibility of gathering data for and filling out completing all
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items except those in the medical certification of cause of death section. All
1
entries, except signatures, on the certificate shall be typed or printed. Such
2
forms contain the following questions:
3
(1) Was the deceased a veteran of any war?
4
(2) If so, of what war?
5
(b) When death occurs to an admitted patient in a hospital and it is
6
impossible to obtain a death certificate from an attending physician before
7
burial or transportation, any physician who has access to the facts and can
8
certify that death is not subject to the provisions of section 5205, may complete
9
and sign a preliminary report of death on a form supplied by the commissioner
10
of health. The town clerk or his deputy shall accept this report and issue a
11
burial-transit permit. This preliminary report of death may be destroyed six
12
months after a death certificate has been filed. This does not relieve the
13
attending physician from the responsibility of completing a death certificate
14
and delivering it to the funeral director within twenty-four hours after death.
15
(c) If a dead body must be removed immediately and a death certificate or
16
preliminary report cannot be obtained, the town clerk, deputy or law
17
enforcement officer may issue a temporary burial-transit permit which shall
18
expire forty-eight hours after issuance. This does not relieve the attending
19
physician from the responsibility of completing a death certificate and
20
delivering it to the funeral director within twenty-four hours after death. Upon
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receipt of the death certificate, the funeral director shall apply for and the
1
issuing authority shall issue a burial-transit permit to replace the temporary
2
permit.
3
(d) Upon receipt of autopsy results or other information that would change
4
the information in the cause-of-death section of the death certificate from that
5
originally reported, the certifier or the pathologist who conducted the autopsy
6
shall immediately notify the department to correct the record, consistent with
7
section 5204 or 5205 of this title, as applicable.
8
Sec. 4. 18 V.S.A. § 5202a is amended to read:
9
§ 5202a. CORRECTION OF DEATH CERTIFICATE
10
(a) Within six months after the date of death, the town clerk may correct or
11
complete a death certificate upon application by the certifying physician,
12
medical examiner, hospital, nursing home or funeral director. The town clerk
13
may correct or complete the certificate accordingly and shall certify thereon
14
that such correction or completion was made pursuant to this section, with the
15
date thereof. In his or her discretion, the town clerk may refuse an application
16
for correction or completion, in which case, the applicant may petition the
17
probate division of the superior court for such correction or completion.
18
(b)(1) After six months from the date of death a death certificate may only
19
be corrected or amended pursuant to decree of the probate division of the
20
superior court in which district the original certificate is filed.
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(2) The probate division of the superior court to which such application
1
is made shall set a time for hearing thereon and, if such court deems necessary,
2
cause notice of the time and place thereof to be given by posting the same in
3
the probate division of the superior court office and, after hearing, shall make
4
such findings, with respect to the correction of such death certificate as are
5
supported by the evidence. The court shall thereupon issue a decree setting
6
forth the facts as found, and transmit a certified copy of such decree to the
7
supervisor of vital records registration. The supervisor of vital records
8
registration shall transmit the same to the appropriate town clerk to amend the
9
original or issue a new certificate. The words “Court Amended” shall be
10
typed, written or stamped at the top of the new or amended certificates, with
11
the date of the decree and the name of the issuing court.
12
Within six months after the date of registration of the death certificate,
13
correction of obvious errors, of transpositions of letters in words of common
14
knowledge, or of omissions may be made by the state registrar upon his or her
15
own observation. The state registrar may make corrections to or complete
16
items which are not obvious errors upon written request of the next of kin or
17
other informant, the hospital, the nursing home, the certifying physician, the
18
medical examiner, the funeral director or other person authorized to dispose of
19
the body, or the town clerk in the town of occurrence or in the town of
20
residence on a form provided by the state registrar. The state registrar may
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correct or complete the certificate accordingly and shall certify thereon that
1
such correction or completion was made pursuant to this section, with the date
2
thereof.
3
(b) The state registrar shall destroy any current version of the death
4
certificate maintained at the department and at local, regional, and state
5
facilities, and replace it with the corrected or completed version.
6
(c) Provided, however, that only The state registrar may refuse an
7
application for correction or completion, in which case the applicant may
8
petition the probate division of the superior court for the district in which the
9
death occurred for such correction or completion.
10
(d) Only the medical examiner or the certifying physician, the certifier, or
11
the pathologist who conducted the autopsy may apply to correct or complete
12
the certificate as to items in the medical certification of the cause of death
13
section.
14
Sec. 5. 18 V.S.A. § 5202b is added to read:
15
§ 5202b. AMENDMENT TO DEATH CERTIFICATE
16
(a) Except as provided in subsection (b) of this section, after six months
17
from the date of registration of the death certificate of a person who died in this
18
state, a death certificate may be amended only by the decree of the probate
19
division of the superior court for the district in which the death occurred.
20
Except as provided in subsection (h) of this section, a petition setting forth the
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reason for such petition and the amendment desired may be brought by the
1
next of kin or other informant, the hospital, the nursing home, the certifying
2
physician, the medical examiner, the funeral director, the town clerk in the
3
town of occurrence or the town of residence, or the state registrar.
4
(b) The state registrar may amend a certificate of death after six months
5
from the date of registration of the death certificate without a decree of a court
6
when the amendment is to address an administrative error as a result of data
7
entry, electronic imaging, or other records management activity. The state
8
registrar may refuse an application for amendment of an administrative error,
9
in which case the applicant may petition the probate division of the superior
10
court for the district in which the death occurred for such amendment.
11
(c) The probate division of the superior court for the district in which the
12
death occurred shall set a time for hearing on a petition filed under this section
13
and cause notice thereof, if it deems such necessary, by posting a notice in the
14
public area of the court office. After hearing such proper and relevant
15
evidence as may be presented, the court shall make such findings with respect
16
to the death of the person as are supported by the evidence.
17
(d) The probate division of the superior court shall thereupon issue a decree
18
setting forth the facts as found and transmit a certified copy thereof to the state
19
registrar.
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(e) A certificate of death that is amended by court order shall have the
1
words “Court Amended” at the top of the amended certificate and all copies
2
thereof, and the state registrar shall certify that the amendment was ordered by
3
the court pursuant to this section with the date of decree. The amended
4
information shall be notated on the amended certificate and all copies thereof
5
to show the legal effects, including the date of the court order and specification
6
of the information that was changed.
7
(f) The state registrar shall destroy any current version of the death
8
certificate maintained at the department and at local, regional, and state
9
facilities and replace it with the amended version.
10
(g) Death certificates that are amended under this section for administrative
11
errors that would have been permitted within six months of the date of
12
registration of the death certificate under section 5202a of this title shall be
13
amended without payment of a court fee.
14
(h) Only the medical examiner, the certifier, or the pathologist who
15
conducted the autopsy may apply to complete, correct, or amend a death
16
certificate as to the medical certification section.
17
Sec. 6. 18 V.S.A. § 5203 is amended to read:
18
§ 5203. DEATH CERTIFICATE; MEMBER OF ARMED FORCES
19
(a) Upon official notification of a death of a member of the armed forces of
20
the United States while serving as such beyond the United States, not including
21
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the territories thereof, and provided the remains of the member are not returned
1
to this country, the next of kin thereof or interested person may file with the
2
clerk of the town of the residence of such member state registrar a certificate of
3
death. Such certificate shall set forth the name,; date of birth, and; date of
4
death, if the same it can be determined,; the names of the parents of the
5
deceased; and such other information as may be deemed pertinent by the office
6
of the adjutant general.
7
(b) The certificate shall be made on a form prescribed by the state registrar,
8
and a certified copy thereof shall be forwarded to the office of the adjutant
9
general.
10
Sec. 7. 18 V.S.A. § 5205 is amended to read:
11
§ 5205. DEATH CERTIFICATE WHEN NO ATTENDING PHYSICIAN;
12
AUTOPSY
13
(a) When a person dies from violence, or suddenly when in apparent good
14
health or when unattended by a physician or a recognized practitioner of a
15
well-established church, or by casualty, or by suicide or as a result of injury or
16
when in jail or prison, or any mental institution a specialty hospital for mental
17
health care, or in any unusual, unnatural, or suspicious manner, or in
18
circumstances involving a hazard to public health, welfare, or safety, the head
19
of the household, the jailer or, the superintendent of a mental institution where
20
such death occurred, or the next of kin, or the person discovering the body, or
21
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any doctor notified of the death, shall immediately notify the medical examiner
1
who resides nearest the town where the death occurred, and, immediately upon
2
being notified, such medical examiner shall notify the state’s attorney of the
3
county in which the death occurred. The state’s attorney shall thereafter be in
4
charge of the body and shall issue such instructions covering the care or
5
removal of the body as he or she shall deem appropriate until he or she releases
6
same.
7
(b) The medical examiner and a designated law enforcement officer shall
8
thereupon together immediately make a proper preliminary investigation.
9
(c) Unless the cause and manner of death is uncertain, such medical
10
examiner shall complete and sign a certificate of death in the manner
11
prescribed by the commissioner. He or she and the designated law
12
enforcement officer shall each submit a report of investigation to the state’s
13
attorney and the chief medical examiner. If, however, the cause or
14
circumstances of death are uncertain, he or she shall immediately so advise the
15
state’s attorney of the county where the death occurred, and notify the chief
16
medical examiner.
17
(d) The state’s attorney of each county, with the advice of the
18
commissioner of public safety or his designee, the sheriff, and the chief of
19
police of any established police department, shall prepare a list of law
20
enforcement officers in his or her county qualified to make an investigation
21
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and report. This list shall be made available to the medical officers concerned
1
and such other persons as the state’s attorney deems proper.
2
(e) If an undertaker or embalmer shall, in the course of his or her
3
employment, find finds evidence of physical violence on the body or evidence
4
of an unlawful act sufficient to indicate to such a person that death might have
5
been the result of an unlawful act, he or she shall immediately notify the state’s
6
attorney of the county where the body is then located and shall proceed no
7
further with the preparation and embalming process of such body until
8
permitted to do so by the state’s attorney.
9
(f) The state’s attorney or chief medical examiner, if either deem deems it
10
necessary and in the interest of public health, welfare, and safety, or in
11
furtherance of the administration of the law, may order an autopsy to be
12
performed by the chief medical examiner or under his or her direction. Upon
13
completion of the autopsy, the chief medical examiner shall submit a report to
14
such state’s attorney, the designated law enforcement officer investigating the
15
case, and the attorney general and shall complete and sign a certificate of death
16
in the manner prescribed by the commissioner.
17
(g) When a person who is committed to the custody of the department of
18
corrections or who is under the supervision of the department of corrections
19
dies, the commissioner of corrections may request to be provided with a copy
20
of any and all reports generated pursuant to subsection (f) of this section. No
21
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such request shall be granted where the medical examiner is unable to
1
determine a manner of death or the manner of death is classified as a homicide.
2
In other circumstances, the request shall be granted in the discretion of the
3
medical examiner for good cause shown. Reports disclosed pursuant to this
4
subsection shall remain confidential as required by law and shall not be
5
considered to be a public record pursuant to 1 V.S.A. § 317.
6
Sec. 8. 18 V.S.A. § 5207 is amended to read:
7
§ 5207. CERTIFICATE FURNISHED FAMILY; BURIAL PERMIT
8
The physician or person filling out the medical certification section of the
9
certificate of death or preliminary report of death, within thirty-six 24 hours
10
after death, shall deliver the same to the family of the deceased, if any, or the
11
undertaker or person who has charge of the body. Such certificate or
12
preliminary report of death shall be filed with the person issuing the certificate
13
of permission for burial, entombment, or removal obtained by the person who
14
has charge of the body before such dead body shall be buried, entombed, or
15
removed from the town. When such certificate of death or preliminary report
16
of death is so filed, such officer or person shall immediately issue a certificate
17
of permission for burial, entombment, or removal of the dead body under legal
18
restrictions and safeguards.
19
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Sec. 9. 18 V.S.A. § 5207a is added to read:
1
§ 5207a. DELAYED REGISTRATION OF DEATH
2
(a) When a certificate of death of a person who died in this state has not
3
been filed within one year after death, the next-of-kin of the deceased may file
4
with the department an application for a delayed certificate of death. The
5
application shall contain all information required for a certificate of death
6
pursuant to section 5202 of this title, reasons for the delay in filing the death
7
registration, and evidence substantiating the alleged facts of death.
8
(b) The death shall be registered on a delayed certificate of death form,
9
which shall feature the word “Delayed” at the top and show on its face the date
10
of registration. The delayed certificate shall contain a summary statement of
11
the evidence submitted in support of the delayed registration.
12
(c) If an applicant does not submit the minimum documentation required
13
for delayed registration or if the state registrar has cause to question the
14
validity or adequacy of the applicant’s sworn statement or the documentary
15
evidence and if the deficiencies are not corrected, the state registrar shall not
16
register the delayed certificate of death and shall advise the applicant of the
17
reasons for this action and shall further advise the applicant of his or her right
18
to seek an order from the probate division of the superior court for the district
19
in which the death occurred.
20
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Sec. 10. 18 V.S.A. § 5131 is amended to read:
1
§ 5131. ISSUANCE OF MARRIAGE LICENSE; SOLEMNIZATION;
2
RETURN OF MARRIAGE CERTIFICATE
3
(a)(1) Upon application in a form prescribed by the department, a town
4
clerk shall issue to a person a civil marriage license in the form prescribed by
5
the department and shall enter thereon the names of the parties to the proposed
6
marriage, fill out the form as far as practicable and retain in the clerk’s office a
7
copy thereof.
8
* * *
9
(3) At least one party to the proposed marriage shall sign the certifying
10
application to the accuracy of the facts so stated. The license shall be issued
11
by the clerk of the town where either party resides or, if neither is a resident of
12
the state, by any town clerk in the state.
13
* * *
14
(c) Such certificate shall be returned within ten days to the office of the
15
town clerk from which the license issued by the person solemnizing such
16
marriage. The town clerk shall retain and file the original according to
17
sections 5007 5036 and 5008 5037 of this title.
18
(d) A copy of the certificate of each marriage performed in Vermont shall
19
be forwarded by the town clerk to the state registrar within 30 days following
20
the filing of the certificate.
21
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Sec. 11. 18 V.S.A. § 5132 is amended to read:
1
§ 5132. CIVIL MARRIAGE LICENSE; PARTICIPANTS IN ADDRESS
2
CONFIDENTIALITY PROGRAM
3
(a) If a participant in the program described in subchapter 3 of chapter 21
4
of Title 15 notifies the town that the participant’s confidential address should
5
not appear on the civil marriage license or certificate, then the town clerk shall
6
not disclose such confidential address or the participant’s town of residence on
7
any public records. A participant who fails to provide such notice shall be
8
deemed to have waived the provisions of this section. If such notice is
9
received, then notwithstanding section 5131 of this title, the town clerk shall
10
file the marriage certificate with the supervisor of vital records registration
11
state registrar within ten days of receipt, without the confidential address or
12
town of residence, and shall not retain a copy of the marriage certificate.
13
(b) The supervisor of vital records registration state registrar shall receive
14
and file for record all certificates filed in accordance with this section, and
15
shall ensure that a person’s confidential address and town of residence do not
16
appear on the marriage certificate during the period that the person is a
17
program participant. A certificate filed in accordance with this section shall be
18
a public document. The supervisor of vital records state registrar shall notify
19
the secretary of state of the receipt of a marriage certificate on behalf of a
20
program participant.
21
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(c) The department shall maintain a confidential record of the person’s
1
actual mailing address and town of residence. Such record shall be exempt
2
from public inspection.
3
(d) Upon the renewal, expiration, withdrawal, invalidation, or cancellation
4
of program participation of any person of whom the secretary of state received
5
notice from the supervisor of vital records registration state registrar, the
6
secretary of state shall notify the supervisor of vital records registration state
7
registrar.
8
(e) Upon notice of the expiration, withdrawal, invalidation, or cancellation
9
of program participation, the supervisor of vital records registration state
10
registrar shall enter the actual mailing address and town of residence on the
11
original marriage certificate and shall transmit the completed original marriage
12
certificate to the town clerk where the certificate was issued.
13
(f) The town clerk shall process certificates received in this manner in
14
accordance with the provisions of this chapter.
15
Sec. 12. 18 V.S.A. § 5150 is amended to read:
16
§ 5150. CORRECTION OF MARRIAGE CERTIFICATE
17
* * *
18
(b) After six months from the date a marriage is solemnized, a civil
19
marriage certificate may only be corrected or amended pursuant to decree of
20
the probate division of the superior court in which district the original
21
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certificate is filed. The probate division of the superior court to which such
1
application is made shall set a time for hearing thereon and, if such court
2
deems necessary, cause notice of the time and place thereof to be given by
3
posting the same in the probate division of the superior court office and, after
4
hearing, shall make such findings, with respect to the correction of such civil
5
marriage certificate as are supported by the evidence. The court shall
6
thereupon issue a decree setting forth the facts as found, and transmit a
7
certified copy of such decree to the supervisor of vital records registration.
8
The supervisor of vital records registration shall transmit the same to the
9
appropriate town clerk to amend the original or issue a new certificate. The
10
words “Court Amended” shall be typed, written or stamped at the top of the
11
new or amended certificate with the date of the decree and the name of the
12
issuing court.
13
(c) A copy of each corrected or amended certificate shall be forwarded by
14
the town clerk to the state registrar within 30 days following the filing of the
15
corrected or amended certificate.
16
Sec. 13. 18 V.S.A. § 5151(c) and (d) are amended to read:
17
(c) The court shall issue a decree setting forth the facts as found and
18
transmit a certified copy of said facts to the supervisor of vital records
19
registration state registrar.
20
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(d) Where a delayed certificate is to be issued, the supervisor of vital
1
records registration state registrar shall prepare a delayed certificate of civil
2
marriage and transmit it, with the decree, to the clerk of the town where the
3
civil marriage license was issued. This delayed certificate shall have the word
4
“Delayed” printed at the top and shall certify that the certificate was ordered by
5
a court pursuant to this chapter, with the date of the decree. The town clerk
6
shall file the delayed certificate and, in accordance with the provisions of
7
section 5010 of this title, furnish a copy to the department of health state
8
registrar within 30 days following the filing.
9
Sec. 14. 18 V.S.A. § 5152 is added to read:
10
§ 5152. COURT CLERKS; DIVORCE RETURNS
11
(a) A record of each order of divorce of marriage, annulment, and
12
dissolution of civil union in Vermont shall be transmitted by an employee of
13
the judiciary designated by the clerk of the applicable unit of the superior court
14
to the commissioner on a schedule and on a form established by the
15
commissioner, but no less frequently than once each month.
16
(b) The record shall be prepared by the petitioner or his or her legal
17
representative in a form prescribed by the commissioner and shall be presented
18
to the clerk of the family division of the superior court with the petition. In all
19
cases, the completed record shall be a prerequisite to the entry of the order.
20
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(c) The record transmitted from the court to the commissioner shall
1
contain:
2
(1) the names of the parties;
3
(2) the date of marriage or civil union;
4
(3) the number of children;
5
(4) such other statistical information available from the family division
6
of the superior court clerk’s file as may be required by the commissioner.
7
(d) The commissioner shall maintain a copy of the record of the divorce or
8
dissolution and provide informational or certified copies on request as
9
provided in section 5040 or 5041 of this title.
10
(e) The clerk of the family division of the superior court shall also send
11
to the commissioner a report of the number of divorces and dissolutions
12
which became absolute during the preceding month on a schedule and in a
13
form established by the commissioner.
14
Sec. 15. 18 V.S.A. § 5168 is amended to read:
15
§ 5168. CORRECTION OF CIVIL UNION CERTIFICATE
16
* * *
17
(c) The probate division of the superior court shall set a time for a hearing
18
and, if the court deems necessary, give notice of the time and place by posting
19
such information in the probate division of the superior court office. After a
20
hearing, the court shall make findings with respect to the correction of the civil
21
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union certificate as are supported by the evidence. The court shall issue a
1
decree setting forth the facts as found, and transmit a certified copy of the
2
decree to the supervisor of vital records registration. The supervisor of vital
3
records registration shall transmit the same to the appropriate town clerk to
4
amend the original or issue a new certificate. The words “Court Amended”
5
shall be typed, written or stamped at the top of the new or amended certificate
6
with the date of the decree and the name of the issuing court.
7
(d) A copy of each corrected or amended certificate shall be forwarded by
8
the town clerk to the state registrar within 30 days following the filing of the
9
corrected or amended certificate.
10
Sec. 16. 18 V.S.A. § 5169(c) and (d) are amended to read:
11
(c) The court shall issue a decree setting forth the facts as found, and
12
transmit a certified copy of said the facts to the supervisor of vital records
13
registration state registrar.
14
(d) Where a delayed certificate is to be issued, the supervisor of vital
15
records registration state registrar shall prepare a delayed certificate of civil
16
union, and transmit it, with the decree, to the clerk of the town where the civil
17
union license was issued. This delayed certificate shall have the word
18
“Delayed” printed at the top, and shall certify that the certificate was ordered
19
by a court pursuant to this chapter, with the date of the decree. The town clerk
20
shall file the delayed certificate and, in accordance with the provisions of
21
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section 5010 of this title, furnish a copy to the department of health state
1
registrar within 30 days following the filing.
2
Sec. 17. 15 V.S.A. § 816 is amended to read:
3
§ 816. CERTIFICATE OF CHANGE; CORRECTION OF BIRTH AND
4
CIVIL MARRIAGE RECORDS
5
Whenever a person changes his or her name, as provided in this chapter, he
6
or she shall provide the probate division of the superior court with a copy of
7
his or her birth certificate and, if married, a copy of his or her civil marriage
8
certificate, and a copy of the birth certificate of each minor child, if any. The
9
register of probate with whom the change of name is filed and recorded shall
10
transmit the certificates and a certified copy of such instrument of change of
11
name to the supervisor of vital records registration state registrar. The
12
supervisor of vital records registration state registrar shall amend the birth
13
certificates in accordance with 18 V.S.A. § 5108 and shall forward the
14
marriage certificate and a copy of such instrument of change of name to the
15
town clerk in the town where the person was born within the state, or wherein
16
the original certificate is filed, with instructions to amend the original marriage
17
certificate and all copies thereof in accordance with the provisions of Title 18,
18
chapter 101 104 of Title 18. Such amended marriage certificates shall have the
19
words “Court Amended” stamped, written, or typed at the top and shall show
20
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that the change of name was made pursuant to this chapter section, along with
1
the date of decree.
2
Sec. 18. 15A V.S.A. § 1-101 is amended to read:
3
§ 1-101. DEFINITIONS
4
In this title:
5
* * *
6
(7) “Department” means the department of social and rehabilitation
7
services for children and families.
8
* * *
9
(22) “State registrar” and “state registrar in the office of vital statistics”
10
mean the supervisor of the office of vital statistics in the department of health.
11
(23) “Stepparent” means a person who is the spouse or surviving spouse
12
of a parent of a child but who is not a parent of the child.
13
(23) “Supervisor of vital records” means the supervisor of vital records
14
registration of the department of health.
15
Sec. 19. 15A V.S.A. § 3-705(a) is amended to read:
16
(a) A decree of adoption shall state or contain:
17
* * *
18
(6) information to be incorporated into a new birth certificate to be
19
issued by the supervisor of vital records state registrar in the office of vital
20
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statistics, unless the petitioner or an adoptee who has attained 14 years of age
1
requests that a new certificate not be issued;
2
* * *
3
Sec. 20. 15A V.S.A. § 3-801 is amended to read:
4
§ 3-801. REPORT OF ADOPTION
5
(a) Within 30 days after a decree of adoption becomes final, the clerk of the
6
court shall prepare a report of adoption on a form furnished by the supervisor
7
of vital records and certify and send the report to the supervisor. The report
8
shall include:
9
(1) information in the court’s record of the proceeding for adoption
10
which is necessary to locate and identify the adoptee’s birth certificate or, in
11
the case of an adoptee born outside the United States, evidence the court finds
12
appropriate to consider as to the adoptee’s date and place of birth;
13
(2) information necessary to issue a new birth certificate for the adoptee
14
and a request that a new certificate be issued, unless the court, the adoptive
15
parent, or an adoptee who has attained 14 years of age requests that a new
16
certificate not be issued; and
17
(3) the file number of the decree of adoption and the date on which the
18
decree became final.
19
(b) Within 30 days after a decree of adoption is amended or set aside, the
20
clerk of the court shall prepare a report of that action on a form furnished by
21
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the supervisor of vital records and shall certify and send the report to the
1
supervisor of vital records. The report shall include information necessary to
2
identify the original report of adoption, and shall also include information
3
necessary to amend or withdraw any new birth certificate that was issued
4
pursuant to the original report of adoption as provided in 18 V.S.A. § 5105.
5
Sec. 21. 15A V.S.A. § 3-802 is amended to read:
6
§ 3-802. ISSUANCE OF NEW BIRTH CERTIFICATE
7
(a) Except as otherwise provided in subsection (d) of this section, upon
8
Upon receipt of a report of adoption prepared pursuant to section 3-801 of this
9
title, a report of adoption prepared in accordance with the law of another state
10
or country, a certified copy of a decree of adoption together with information
11
necessary to identify the adoptee’s original birth certificate and to issue a new
12
certificate, or a report of an amended adoption, the supervisor of vital records
13
shall:
14
(1) issue a new birth certificate for an adoptee born in this state and
15
furnish a certified copy of the new certificate to the adoptive parent and to an
16
adoptee who has attained 14 years of age;
17
(2) forward a certified copy of a report of adoption for an adoptee born
18
in another state to the supervisor of vital records of the state of birth;
19
(3) issue a certificate of foreign birth for an adoptee adopted in this state
20
and who was born outside the United States and was not a citizen of the United
21
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States at the time of birth, and furnish a certified copy of the certificate to the
1
adoptive parent and to an adoptee who has attained 14 years of age;
2
(4) notify an adoptive parent of the procedure for obtaining a revised
3
birth certificate through the United States Department of State for an adoptee
4
born outside the United States who was a citizen of the United States at the
5
time of birth; or
6
(5) in the case of an amended decree of adoption, issue an amended
7
birth certificate according to the procedure in subdivision (a)(1) or (3) of this
8
section or follow the procedure in subdivision (2) or (4) of this section.
9
(b) Unless otherwise specified by the court, a new birth certificate issued
10
pursuant to subdivision (a)(1) or (3) or an amended certificate issued pursuant
11
to subdivision (a)(5) of this section shall:
12
(1) be signed by the supervisor of vital records;
13
(2) include the date, time and place of birth of the adoptee;
14
(3) substitute the name of the adoptive parent for the name of the person
15
listed as the adoptee’s parent on the original birth certificate;
16
(4) include the filing date of the original birth certificate and the filing
17
date of the new birth certificate;
18
(5) contain any other information prescribed by the supervisor of vital
19
records.
20
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(c) The supervisor of vital records, and any other custodian of such records,
1
shall substitute the new or amended birth certificate for the original birth
2
certificate. The original certificate and all copies of the certificate in the files
3
shall be sealed and shall not be subject to inspection until 99 years after the
4
adoptee’s date of birth, except as provided by this title.
5
(d) If the court, the adoptive parent, or an adoptee who has attained 14
6
years of age requests that a new or amended birth certificate not be issued, the
7
supervisor of vital records may not issue a new or amended certificate for an
8
adoptee pursuant to subsection (a) of this section, but shall forward a certified
9
copy of the report of adoption or of an amended decree of adoption for an
10
adoptee who was born in another state to the appropriate office in the adoptee’s
11
state of birth.
12
(e) Upon receipt of a report that an adoption has been vacated, the
13
supervisor of vital records shall:
14
(1) restore the original birth certificate for a person born in this state to
15
its place in the files, seal any new or amended birth certificate issued pursuant
16
to subsection (a) of this section, and not allow inspection of a sealed certificate
17
except upon court order or as otherwise provided in this title;
18
(2) forward the report with respect to a person born in another state to
19
the appropriate office in the state of birth; or
20
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(3) notify the person who is granted legal custody of a former adoptee
1
after an adoption is vacated of the procedure for obtaining an original birth
2
certificate through the United States Department of State for a former adoptee
3
born outside the United States who was a citizen of the United States at the
4
time of birth.
5
(f) Upon request by a person who was listed as a parent on an adoptee’s
6
original birth certificate and who furnishes appropriate proof of the person’s
7
identity, the supervisor of vital records shall give the person a noncertified
8
copy of the original birth certificate, a report of an amended decree of
9
adoption, or a report or decree of annulment of adoption, pursuant to 18 V.S.A.
10
§ 5105, the state registrar shall establish a new or amended certificate of birth
11
as provided in 18 V.S.A. § 5106.
12
Sec. 22. 15A V.S.A. § 5-108(c) is amended to read:
13
(c) Within 30 days after a decree of adoption becomes final, the clerk of the
14
court shall prepare a report of the adoption for the supervisor of vital records
15
state registrar in the office of vital statistics, and, if the petitioners have
16
requested it, the report shall instruct the supervisor state registrar to issue a
17
new birth certificate to the adoptee, as provided in Article 3, Part 8 of this title
18
18 V.S.A. § 5106.
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Sec. 23. 24 V.S.A. § 1164 is amended to read:
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§ 1164. CERTIFIED COPIES; FORM
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A town clerk shall furnish certified copies of any instrument on record in
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his or her office, or any instrument or paper filed in his office pursuant to law,
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on the tender of his fees therefor, and his attestation shall be a sufficient
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authentication of the copies, except that the town clerk shall not copy exclude
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the word “illegitimate” from any copy of a birth certificate that he or she
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furnishes. A town clerk may furnish a certified copy of a vital record if his or
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her office has been designated by the health commissioner pursuant to
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18 V.S.A. § 5034(c). Copies of vital records for events occurring outside the
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state, filed with a town clerk pursuant to section 5015 18 V.S.A. § 5036(e),
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shall not be copied and certified.
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Sec. 24. 32 V.S.A. § 1715 is amended to read:
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§ 1715. VITAL RECORDS SEARCH
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(a) Upon payment of a $10.00 the fee established under 18 V.S.A. § 5039,
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the commissioner of health or the Vermont state archives and records
16
administration shall provide certified copies of vital records or shall ascertain
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and certify what the vital records available to the commissioner and the
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Vermont state archivist show, except that the commissioner and the Vermont
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state archivist shall not copy exclude the word “illegitimate” from any birth
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certificate furnished. The fee for the search of the vital records is $3.00 which
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is credited toward the fee for the first certified copy based upon the search.
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* * *
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Sec. 25. REDESIGNATION
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Chapter 103 of Title 18 shall be redesignated as “Birth information
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network.”
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Sec. 26. REPEALS
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The following are repealed:
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(1) 18 V.S.A. chapter 101 (vital records generally).
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(2) 18 V.S.A. §§ 5071–5083, inclusive (birth certificates).
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(3) 18 V.S.A. § 5204 (certified copy of death certificate forwarded to
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adjutant general).
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(4) 18 V.S.A. § 5206 (penalty for failure to furnish death certificate).
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(5) Sec. 6 of No. 151 of the Acts of the 2009 Adj. Sess. (2010).
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Sec. 27. Sec. 7 of No. 151 of the Acts of the 2009 Adj. Sess. (2010) is
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amended to read:
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Sec. 7. EFFECTIVE DATE
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This act shall take effect on passage except that Sec. 6 shall take effect on
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January 1, 2012.
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Sec. 28. 32 V.S.A. § 1671 is amended to read:
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§ 1671. TOWN CLERK
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(a) For the purposes of this section a “page” is defined as a single side of a
3
leaf of paper on which is printed, written, or otherwise placed information to
4
be recorded or filed. The maximum covered area on a page shall be 7 1/2
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inches by 14 inches. All letters shall be at least one-sixteenth inch in height or
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in at least eight point type. Unless otherwise provided by law, the fees to town
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clerks shall be as follows:
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(1) For recording a trust mortgage deed as provided in 24 V.S.A.
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§ 1155, $10.00 per page;
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(2) For filing or recording a copy of a complaint to foreclose a mortgage
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as provided in 12 V.S.A. § 4523(b), $10.00 per page;
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(3) For examination of records by town clerk a fee of $5.00 per hour
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may be charged but not more than $25.00 for each examination on any one
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calendar day;
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(4) For examination of records by others a fee of $2.00 per hour may be
16
charged;
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(5) Town clerks may require fees for all filing, recording and copying to
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be paid in advance;
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(6) For the recording or filing, or both, of any document that is to
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become a matter of public record in the town clerk’s office, or for any certified
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copy of such document, a fee of $10.00 per page shall be charged; except that
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for the recording or filing, or both, of a property transfer return, a fee of $10.00
2
shall be charged;
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(7) For uncertified copies of records and documents on file, or recorded,
4
a fee of $1.00 per page shall be charged, with a minimum fee of $2.00;
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however, copies of minutes of municipal meetings or meetings of local boards
6
and commissions, copies of grand lists and checklists and copies of any public
7
records that any agency of that political subdivision has deposited with the
8
clerk shall be available to the public at actual cost;
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(8) For survey plats filed in accordance with chapter 17 of Title 27, a fee
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of $15.00 per 11 inch by 17 inch sheet, $15.00 per 18 inch by 24 inch sheet,
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and $15.00 per 24 inch by 36 inch sheet shall be charged.
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(9) Notwithstanding subdivision (6) of this subsection, the fee charged
13
by a town clerk for a copy of a vital record shall be the same as the fee charged
14
under 18 V.S.A. § 5309.
15
* * *
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Sec. 29. 18 V.S.A. § 5087 is amended to read:
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§ 5087. ESTABLISHMENT OF BIRTH INFORMATION NETWORK
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(a) The commissioner of health shall establish a statewide birth information
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network designed to identify newborns who have specified health conditions
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which may respond to early intervention and treatment by the health care
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system.
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(b) The department of health is authorized to collect information for the
3
birth information network for the purpose of preventing and controlling
4
disease, injury, and disability. The commissioner of health, in collaboration
5
with appropriate partners, shall coordinate existing data systems and records to
6
enhance the network’s comprehensiveness and effectiveness, including:
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(1) Vital records (birth, death, and fetal death certificates).
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(2) The children with special health needs database.
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(3) Newborn metabolic screening.
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(4) Universal newborn hearing screening.
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(5) The hearing outreach program.
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(6) The cancer registry.
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(7) The lead screening registry.
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(8) The immunization registry.
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(9) The special supplemental nutrition program for women, infants, and
16
children.
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(10) The Medicaid claims database.
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(11) The hospital discharge data system.
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(12) Health records (such as discharge summaries, disease indexes,
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nursery logs, pediatric logs, and neonatal intensive care unit logs) from
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hospitals, outpatient specialty clinics, genetics clinics, and cytogenetics
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laboratories.
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(13) The Vermont health care claims uniform reporting and evaluation
3
system.
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(c) The commissioner of health shall refer to the report submitted to the
5
general assembly by the birth information council, pursuant to section 5086 of
6
this title, for the purpose of establishing guiding principles for the research and
7
decision-making necessary for the development of the birth information
8
network.
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(d) The network shall provide information on public health activities, such
10
as surveillance, assessment, and planning for interventions to improve the
11
health and quality of life for Vermont’s infants and children and their families.
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This information shall be used for improving health care delivery systems and
13
outreach and referral services for families with children with special health
14
needs and for determining measures that can be taken to prevent further
15
medical conditions.
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(e) The network shall be designed to follow infants and children up to one
17
year of age with the 40 medical conditions listed in the matrix developed by
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the birth information council which have been selected as identifiable via
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existing Vermont data systems and are considered to be representative of the
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most significant health conditions of newborns in Vermont, including
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conditions relating to upper and lower limbs. The department of health is
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authorized to amend the list of medical conditions through rulemaking
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pursuant to chapter 25 of Title 3 to meet the objectives of this section.
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(f) The network’s data system shall be designed to coordinate with the data
4
systems of other states so that data on out-of-state births to Vermont residents
5
will be captured for vital records, case ascertainment, and follow-up services.
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The commissioner of health is authorized to enter into interstate agreements
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containing the necessary conditions for information transmission.
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(g) The commissioner of health shall compile information every two years
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to document possible links between environmental and chemical exposure with
10
the special health conditions of Vermont’s infants and children.
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(h) The department of health shall develop a form that contains a
12
description of the birth information network and the purpose of the network.
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The form shall include a statement that the parent or guardian of a child may
14
contact the department of health and have his or her child’s personally
15
identifying information removed from the network, using a process developed
16
by the advisory committee.
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Sec. 30. EFFECTIVE DATE
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This act shall take effect on January 1, 2012, except that 18 V.S.A. § 5112
19
(birth certificate; change of sex) and Sec. 29 (birth information network) of this
20
act shall take effect on passage.
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