ASSEMBLY, No. 330

STATE OF NEW JERSEY

212th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2006 SESSION

 


 

Sponsored by:

Assemblyman JOSEPH PENNACCHIO

District 26 (Morris and Passaic)

Assemblyman JOSEPH CRYAN

District 20 (Union)

 

 

 

 

SYNOPSIS

     Specifies policy governing provision by State registrar of certified copies and certifications of vital records to applicants.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


An Act concerning certified copies of vital records and amending and supplementing R.S.26:8-1 et seq.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1. R.S.26:8-62 is amended to read as follows:

     26:8-62. a.  (1) The State registrar shall, upon request, supply to any qualified applicant a [certification or] certified copy of the record of any birth, death, fetal death or marriage, registered under the provision of this chapter, [for either of which, except as provided by section 26:8-63 of the Revised Statutes, he shall be entitled to such search fee, if any, as is provided by section 26:8-64 of the Revised Statutes to be paid by the applicant] which may be used for legal or official purposes, including, but not limited to, legally establishing the bearer's identity as that of the registrant.  The State registrar shall, upon request, supply to any applicant a certification of any birth, death, fetal death or marriage, registered under the provisions of this chapter, which may be used for informational purposes only and shall not be valid for legal or official purposes.

     (2) For either a certified copy or a certification, except as provided in R.S.26:8-63, the State registrar shall be entitled to receive a search fee, if any, as provided in R.S.26:8-64, to be paid by the qualified applicant or other applicant, as applicable.  For a certified copy, the State registrar shall be entitled to receive an additional fee, as established by regulation, to cover the reasonable cost of providing the vital record in certified copy form, and to be paid by the qualified applicant.

     (3) As used in this section:

     "Certification" means a copy of a vital record made on plain white paper, without a printed and embossed seal, with a statement that the document is issued for informational purposes only.

     "Certified copy" means a true copy of a vital record made on safety paper, with a printed and embossed seal, which is designed to resist any attempt to falsely make, forge, alter, counterfeit or simulate that document.

     "Qualified applicant" means:  a registrant of legal age; the registrant's parent, legal guardian or other legal representative; the registrant's spouse, child, grandchild or sibling, if of legal age, or the legal representative of that person; an agency of State, local or federal government for official purposes; or a person possessing an order of a court of competent jurisdiction directing the State registrar to supply that person with a certified copy of a vital record.

     "Registrant" means the subject of a vital record.

     b.  The State registrar shall, upon request, supply to any applicant  a certified transcript of any entry contained in the records of the New Jersey State census for which, except as provided by [section]  R.S.26:8-63 [of the Revised Statutes], he shall be entitled to such search fee as is provided by [section] R.S.26:8-64 [of the Revised Statutes] to be paid by the applicant.

(cf:  P.L.1965, c.78, s.72)

 

     2. (New section)  A qualified applicant as defined in R.S.26:8-62 who is required to furnish a copy of a vital record for use in, or for the purpose of, any legal or official governmental process or proceeding, including, but not limited to, legally establishing the bearer's identity as that of the subject of the vital record, and has not obtained a certified copy of that vital record from the State registrar pursuant to R.S.26:8-62, shall be required to obtain a certified copy from the State registrar and to furnish the certified copy for use in, or for the purpose of, that process or proceeding.

 

     3. The Commissioner of Health and Senior Services may adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of this act; except that, notwithstanding any provision of P.L.1968, c.410 to the contrary, the commissioner may adopt, immediately upon filing with the Office of Administrative Law, such regulations as the commissioner deems necessary to implement the provisions of this act, which shall be effective for a period not to exceed six months and may thereafter be amended, adopted or readopted by the commissioner in accordance with the requirements of P.L.1968, c.410.

 

     4.  This act shall take effect immediately.

 

 

STATEMENT

 

     This bill revises the statutory provisions concerning the responsibility of the State registrar of vital statistics regarding the provision of certified copies and certifications of vital records (birth, death, fetal death and marriage records) to applicants.

     Specifically, the bill provides that:

*   the State registrar, upon request, shall supply to any qualified applicant a certified copy of a vital record, which may be used for legal or official purposes, including, but not limited to, legally establishing the bearer's identity as that of the registrant (i.e., the subject of the vital record), and which is designed to resist any attempt to falsely make, forge, alter, counterfeit or simulate that document;

*   the State registrar, upon request, shall supply to any applicant a certification of a vital record, which may be used for informational purposes only and shall not be valid for legal or official purposes;

*   for either a certified copy or a certification, except as provided in N.J.S.A.26:8-63, the State registrar shall be entitled to a search fee, if any, as provided in N.J.S.A.26:8-64, to be paid by the qualified applicant or other applicant, as applicable;

*   for a certified copy, the State registrar shall be entitled to receive an additional fee, as established by regulation, to cover the reasonable cost of providing the vital record in certified copy form, and to be paid by the qualified applicant; and

*   a qualified applicant who is required to furnish a copy of a vital record for use in, or for the purpose of, any legal or official governmental process or proceeding, including, but not limited to, legally establishing the bearer's identity as that of the subject of the vital record, and has not obtained a certified copy of that vital record from the State registrar or a local registrar pursuant to this bill, shall be required to obtain a certified copy from the State registrar and to furnish the certified copy for use in, or for the purpose of, that process or proceeding.

     The bill defines a "qualified applicant" as:  a registrant of legal age; the registrant's parent, legal guardian or other legal representative; the registrant's spouse, child, grandchild or sibling, if of legal age, or the legal representative of that person; an agency of State, local or federal government for official purposes; or a person possessing an order of a court of competent jurisdiction directing the State registrar, as applicable, to supply that person with a certified copy of a vital record.