HLS 24RS-356 ORIGINAL
2024 Regular Session
HOUSE BILL NO. 93
BY REPRESENTATIVE WILLARD
VITAL RECORDS/BIRTH CERT: Provides relative to access to birth certificates
1 AN ACT
2To amend and reenact R.S. 40:38 and 41(C)(2)(a), relative to vital records in the custody of
3 the state registry; to provide access for certain persons to vital records; to require the
4 state registrar to issue records under certain circumstances; to provide for an
5 effective date; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 40:38 and 41(C)(2)(a) are hereby amended and reenacted to read as
8follows:
9 §38. Certified copies, issuance
10 A certified copy of a vital record in the custody of the vital records registry
11 shall be issued in accordance with other provisions of law governing disclosure of
12 records under this Title and regulations duly promulgated in accordance with the
13 Administrative Procedure Act.
14 * * *
15 §41. Disclosure of records
16 * * *
17 C.
18 * * *
19 (2)(a) The credentials of an attorney, together with a written declaration of
20 the record in which he is interested and a written declaration or oral statement that
21 he is a legal representative of one of the named parties referenced in Paragraph (1)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-356 ORIGINAL
HB NO. 93
1 of this Subsection, including parties under the age of eighteen, shall constitute
2 sufficient proof of a direct interest in the matter recorded. The state registrar shall
3 accept and fulfill requests for birth certificates upon submission of such a written
4 declaration with a copy of the credentials of the attorney, whether the request is
5 submitted by the attorney or by a nonlawyer employed or retained by or associated
6 with that attorney.
7 * * *
8 Section 2. This Act shall become effective upon signature by the governor or, if not
9signed by the governor, upon expiration of the time for bills to become law without signature
10by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
11vetoed by the governor and subsequently approved by the legislature, this Act shall become
12effective on the day following such approval.
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)]
HB 93 Original 2024 Regular Session Willard
Abstract: Requires the state registrar to provide access to vital records and birth certificates
for requests made by an attorney for a named party.
Present law provides that vital records in custody of the state registry are open to inspection
upon satisfying the requirements in present law.
Present law provides that the credentials of an attorney with a written declaration of the
record in which he is interested and written declaration or oral statement that he is a legal
representative of one of the named parties referenced in his request is sufficient proof of a
direct interest in the matter recorded.
Proposed law retains present law and requires that issuance of requested vital records be in
accordance with other provisions governing disclosure of records.
Proposed law provides that a written declaration or oral statement that an attorney is a legal
representative of one of the named parties who may be a party under the age of 18.
Proposed law requires the state registrar to accept and fulfill requests for birth certificates
whether the request was made by the attorney or by a nonlawyer employed or retained by
or associated with that attorney.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 40:38 and 41(C)(2)(a))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.