HLS 13RS-759 ORIGINAL
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Regular Session, 2013
HOUSE BILL NO. 340
BY REPRESENTATIVE BURFORD
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
VITAL STATISTICS: Requires such actions as are necessary for timely preparation, filing,
and issuance of vital records
AN ACT1
To amend and reenact R.S. 40:37, 39.1(D), 49(A), and 50(A) and to enact R.S. 40:33(H),2
36(H), 41(C)(6), and 50(D), relative to vital records; to provide for legislative intent;3
to provide for duties of the state registrar of vital records; to provide relative to local4
registrars of vital records; to establish requirements for issuance of certain copies of5
vital records; to provide relative to policies of the vital records registry; to provide6
for preparation of death certificates; to provide for duties of funeral directors and of7
local registrars relative to filing of death certificates; to authorize promulgation of8
rules; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 40:37, 39.1(D), 49(A), and 50(A) are hereby amended and reenacted11
and R.S. 40:33(H), 36(H), 41(C)(6), and 50(D) are hereby enacted to read as follows:12
§33. Vital records registry; establishment; general authority and duties of state13
registrar14
* * *15
H. The legislature intends for services of the vital records registry to be16
delivered in a timely and efficient manner. Therefore the state registrar shall take all17
of the following actions for the purpose of providing the highest possible quality of18
service to the public:19 HLS 13RS-759 ORIGINAL
HB NO. 340
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(1) Ensure that the process for issuance of certified copies of vital records1
which are properly requested in accordance with the provisions of this Chapter is2
conducted in a timely and efficient manner.3
(2) Promulgate any rules and implement all such policies as are necessary4
to establish quality customer service as a priority of the registry in carrying out its5
duties to the public.6
(3) Ensure that the local registrar designated for each parish pursuant to R.S.7
40:37 keeps such operating hours as are necessary to facilitate timely filing of death8
certificates and a high quality of service to the public overall.9
* * *10
§36. State registrar as custodian11
* * *12
H. The state registrar is hereby authorized to take any administrative actions13
as he may deem necessary to improve the efficiency of the process for issuing14
certified copies of vital records in order to improve the customer service functions15
of his office. The registrar shall ensure that such actions are conducted in a manner16
which preserves the integrity of vital records.17
§37. Local registrars; duties18
A. The state registrar shall perform all of the following functions relative to19
local registrars:20
designate (1) Designate an employee of the office of public health to serve21
as the local registrar in each parish health unit.22
(2) Ensure that the local registrar for each parish is available during all such23
hours as are necessary to facilitate all of the following:24
(a) Timely filing of death certificates by funeral directors or persons acting25
as such as required in this Chapter.26
(b) Timely issuance of death certificates to persons entitled to such records27
pursuant to the provisions of this Chapter.28
(3) The state registrar shall serve Serve as local registrar in Orleans Parish.29 HLS 13RS-759 ORIGINAL
HB NO. 340
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B. All local registrars shall be responsible for completion of incomplete birth1
certificates not properly returned to the preparer and shall enforce the provisions of2
this Chapter and regulations adopted thereunder.3
* * *4
§39.1. Certified copies of birth certificates and death certificates; clerks of district5
courts; Vital Records Conversion Fund6
* * *7
D. The state registrar shall is hereby authorized to promulgate the all such8
rules as are necessary for the implementation of to implement the provisions of this9
Section on or before January 1, 2000. Through promulgation of rules and10
establishment of policies for the operation of the vital records registry, the registrar11
shall ensure that issuance of certified copies of vital records which are properly12
requested in accordance with the provisions of this Chapter is conducted in the most13
timely and efficient manner practicable.14
* * *15
§41. Disclosure of records16
* * *17
C.18
* * *19
(6) The state registrar shall promulgate any rules and implement any policies20
as may be necessary to ensure that issuance of certified copies of vital records which21
are properly requested in accordance with the provisions of this Chapter is conducted22
in the most timely and efficient manner practicable.23
* * *24 HLS 13RS-759 ORIGINAL
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§49. Preparation and filing of death and spontaneous fetal death certificate1
(stillbirth)2
A. The funeral director or person acting as such shall, in the most timely3
manner possible in each circumstance, prepare and file the certificate of death or4
spontaneous fetal death or stillbirth provided for in R.S. 40:47.5
* * *6
§50. Issuance of death certificates; duties of state and local registrar registrars7
A.(1) Notwithstanding any other provision of law to the contrary, the funeral8
director or other person required by law to initiate a death certificate shall initiate9
such certificate in original only, and shall file the original with a local registrar.10
(2) Upon completion of a death certificate, the funeral director or person11
acting as such shall file the original with a local registrar as soon as is practicable,12
but in no case more than forty-eight hours after completion of the certificate.13
(3) The local registrar of each parish shall retain this original in his office for14
a period of ten days from the date the certificate is filed.15
* * *16
D. The state registrar shall take all such actions as are necessary and17
authorized in this Part to ensure that issuance of certified copies of death certificates18
which are properly requested in accordance with the provisions of this Chapter is19
conducted in the most timely and efficient manner practicable.20
Section 2. This Act shall become effective upon signature by the governor or, if not21
signed by the governor, upon expiration of the time for bills to become law without signature22
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If23
vetoed by the governor and subsequently approved by the legislature, this Act shall become24
effective on the day following such approval.25 HLS 13RS-759 ORIGINAL
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Burford HB No. 340
Abstract: Requires such actions as are necessary for timely and efficient preparation, filing,
and issuance of vital records; and establishes quality customer service as a priority
of the vital records registry in carrying out its duties to the public.
Present law establishes a central vital records registry within the DHH office of preventive
and public health services and a registrar of vital records for the state. Further provides for
general authority and duties of the state registrar .
Proposed law provides that it is the intent of the legislature for services of the vital records
registry to be delivered in a timely and efficient manner, and requires the state registrar to
take the following actions for the purpose of providing the highest possible quality of service
to the public:
(1)Ensure that the process for issuance of certified copies of vital records which are
properly requested in accordance with the provisions of present law is conducted in
a timely and efficient manner.
(2)Promulgate any rules and implement all such policies as are necessary to establish
quality customer service as a priority of the registry in carrying out its duties to the
public.
(3)Ensure that the local registrar designated for each parish pursuant to present law
keeps such operating hours as are necessary to facilitate timely filing of death
certificates and a high quality of service to the public overall.
Proposed law authorizes the state registrar of vital records to take any administrative actions
necessary to improve the efficiency of the process for issuing certified copies of vital records
in order to improve the customer service functions of his office. Requires the registrar to
ensure that such actions are conducted in a manner which preserves the integrity of vital
records.
Proposed law requires the state registrar to promulgate any rules and implement any policies
as are necessary to ensure that issuance of certified copies of vital records which are properly
requested in accordance with the provisions of present law is conducted in the most timely
and efficient manner practicable.
Present law provides for duties of the state registrar relative to local registrars of vital
records. Proposed law retains present law and adds to such duties by requiring the state
registrar to ensure that the local registrar for each parish is available during all such hours
as are necessary to facilitate the following:
(1)Timely filing of death certificates.
(2)Timely issuance of death certificates to persons entitled to such records pursuant to
the provisions of present law.
Present law requires a funeral director, or person acting as such for the purposes of present
law, to prepare and file death certificates in accordance with the provisions of present law. HLS 13RS-759 ORIGINAL
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Proposed law adds requirement that the funeral director or person acting as such prepare and
file death certificates in the most timely manner possible in each circumstance.
Present law requires the funeral director, or other person required by present law to initiate
a death certificate, to initiate such certificate in original only and to file the original with a
local registrar. Proposed law adds a condition stipulating that upon completion of a death
certificate, the funeral director or person acting as such shall file the original with a local
registrar as soon as is practicable, but in no case more than 48 hours after completion of the
certificate.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 40:37, 39.1(D), 49(A), and 50(A); Adds R.S. 40:33(H), 36(H), 41(C)(6), and
50(D))