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| 4 | 4 | | |
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| 5 | 5 | | 2023 -- H 5724 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001258 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO HEALTH AND SAFETY -- VITAL RECORDS |
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| 16 | 16 | | Introduced By: Representative Terri-Denise Cortvriend |
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| 17 | 17 | | Date Introduced: February 17, 2023 |
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| 18 | 18 | | Referred To: House State Government & Elections |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Sections 23-3-5.1 and 23-3-24 of the General Laws in Chapter 23-3 entitled 1 |
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| 23 | 23 | | "Vital Records" are hereby amended to read as follows: 2 |
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| 24 | 24 | | 23-3-5.1. Transfer of public historical documents. 3 |
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| 25 | 25 | | At the end of each calendar year, records of births and marriages which have occurred one 4 |
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| 26 | 26 | | hundred (100) years or more from the date of transfer and deaths which have occurred fifty (50) 5 |
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| 27 | 27 | | years or more from the date of transfer, shall be permanently transferred by the state registrar of 6 |
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| 28 | 28 | | vital records to the custody of the state archives under control of the secretary of state who may 7 |
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| 29 | 29 | | promulgate rules and regulations pertaining to these public historical documents. Prior to 8 |
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| 30 | 30 | | transferring the records to the state archives, the division of vital records shall ensure that the 9 |
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| 31 | 31 | | records are accessible to the local registrars for the purpose of issuance of accurate records to the 10 |
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| 32 | 32 | | public as authorized by law. 11 |
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| 33 | 33 | | 23-3-24. Copies of data from vital records. 12 |
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| 34 | 34 | | In accordance with § 23-3-23 and the regulations adopted pursuant to that section: 13 |
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| 35 | 35 | | (1) The state registrar of vital records shall upon request issue a certified copy of any 14 |
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| 36 | 36 | | certificate or record in his or her custody or a part thereof. Each copy issued shall show the date of 15 |
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| 37 | 37 | | registration; and copies issued from records marked “delayed,” “amended,” or “court order” shall 16 |
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| 38 | 38 | | be similarly marked and show the effective date. Any copies issued of a “certificate of foreign 17 |
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| 39 | 39 | | birth” shall indicate this fact and show the actual place of birth. 18 |
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| 40 | 40 | | (2) The custodian of permanent local records local registrars shall upon request issue a 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC001258 - Page 2 of 3 |
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| 44 | 44 | | certified copy of any certificate or record in his or her custody or to which he or she has access only 1 |
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| 45 | 45 | | in a form that shall be prescribed by the state director of health. 2 |
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| 46 | 46 | | (3) A certified copy of a certificate or any part thereof, issued in accordance with 3 |
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| 47 | 47 | | subdivision (1) or (2) of this section, shall be considered for all purposes the same as the original, 4 |
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| 48 | 48 | | and shall be prima facie evidence of the facts stated in the certificate, provided that the evidentiary 5 |
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| 49 | 49 | | value of a certificate or record filed more than one year after the event, or a record which has been 6 |
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| 50 | 50 | | amended, or a “certificate of foreign birth,” shall be determined by the judicial or administrative 7 |
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| 51 | 51 | | body or official before whom the certificate is offered as evidence. 8 |
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| 52 | 52 | | (4) The National Office of Vital Statistics may be furnished copies or data that it may 9 |
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| 53 | 53 | | require for national statistics; provided, that the state shall be reimbursed for the cost of furnishing 10 |
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| 54 | 54 | | the data; and provided further, that the data shall not be used for other than statistical purposes by 11 |
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| 55 | 55 | | the National Office of Vital Records unless so authorized by the state registrar of vital records. 12 |
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| 56 | 56 | | (5) Federal, state, local, and other public or private agencies may, upon request, be 13 |
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| 57 | 57 | | furnished copies or data for statistical purposes upon terms or conditions that may be prescribed by 14 |
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| 58 | 58 | | the state director of health. 15 |
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| 59 | 59 | | (6) No person shall prepare or issue any certificate which purports to be an original certified 16 |
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| 60 | 60 | | copy, or copy of a certificate of birth, death, or fetal death, except as authorized in this chapter or 17 |
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| 61 | 61 | | regulations adopted under this chapter. 18 |
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| 62 | 62 | | SECTION 2. This act shall take effect upon passage. 19 |
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| 63 | 63 | | ======== |
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| 64 | 64 | | LC001258 |
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| 65 | 65 | | ======== |
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| 66 | 66 | | |
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| 67 | 67 | | |
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| 68 | 68 | | LC001258 - Page 3 of 3 |
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| 69 | 69 | | EXPLANATION |
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| 70 | 70 | | BY THE LEGISLATIVE COUNCIL |
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| 71 | 71 | | OF |
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| 72 | 72 | | A N A C T |
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| 73 | 73 | | RELATING TO HEALTH AND SAFETY -- VITAL RECORDS |
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| 74 | 74 | | *** |
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| 75 | 75 | | This act would require the division of vital records to ensure that the records are accessible 1 |
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| 76 | 76 | | to the local registrars and grant local registrars the authority to issue certified copies of certificates 2 |
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| 77 | 77 | | and records. 3 |
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| 78 | 78 | | This act would take effect upon passage. 4 |
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| 79 | 79 | | ======== |
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| 80 | 80 | | LC001258 |
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