STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Assemblyman FREDERICK SCALERA
District 36 (Bergen, Essex and Passaic)
Assemblyman GORDON M. JOHNSON
District 37 (Bergen)
Requires three forms of identification when requesting birth certificate.
CURRENT VERSION OF TEXT
As reported by the Assembly Homeland Security and State Preparedness Committee with technical review.
An Act concerning birth certificates and amending R.S.26:8-62.
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. The State registrar or local registrar shall, upon request, supply to a person who establishes himself as one of the following: the subject of the record of a birth, death, fetal death, certificate of birth resulting in stillbirth, domestic partnership, civil union or marriage, as applicable; the subject's parent, legal guardian or other legal representative; the subject's spouse, one partner in a civil union couple, child, grandchild or sibling, if of legal age, or the subject's legal representative; an agency of State or federal government for official purposes; a person possessing an order of a court of competent jurisdiction; or a person who is authorized under other emergent circumstances as determined by the commissioner, a certified copy, or release of the data and information of that record registered under the provisions of R.S.26:8-1 et seq., or P.L.2006, c.103 (C.37:1-28 et al.) or any domestic partnership registered under the provisions of P.L.2003, c.246 (C.26:8A-1 et al.), for any of which, except as provided by R.S.26:8-63, the State registrar shall be entitled to a search fee, if any, as provided by R.S.26:8-64, to be paid by the person. A certification may be issued in other circumstances and shall state that it is for informational purposes only, and is not to be used for identification purposes. The registrar shall authenticate the identity of the requestor and the requestor's relationship with the subject of the vital record. For the purposes of this subsection, any employee of a mortuary registered pursuant to P.L.1952, c.340 (C.45:7-32 et seq.), or a funeral director licensed pursuant to that act who is affiliated with a registered mortuary, if the mortuary was recorded on the original certificate of death, shall be construed to be the subject's legal representative and entitled to obtain full and complete copies of death certificates or certifications thereof.
(1) In order to obtain a certified copy of a birth certificate or a certification for informational purposes as described in this section, the requester shall provide a current, valid photo driver’s license and two of the following alternate forms of identification, one of which must have the requester’s current address:
(a) vehicle registration card;
(b) vehicle insurance card;
(d) voter registration card;
(e) Green card or Immigrant visa;
(f) federal or county government-issued identification card;
(g) school-issued identification card;
(h) court documents;
(i) W-2 for current or previous tax year; or
(j) utility or bank statement dated within 90 days from the date of the request.
In lieu of providing a valid photo driver’s license and two alternate forms of identification, the requester may provide three alternate forms of identification, one of which must have the requester’s current address, as proof of identity; provided, however, that the requester shall not use any utility or bank statement as one of these three alternate forms of identification.
A requester who is homeless may provide identification from a social worker or homeless shelter coordinator as proof of identity. A requester who is incarcerated may provide legal imprisonment or release documents or identification from a prison or probation official as proof of identity.
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 R.S.26:8-63, he shall be entitled to a search fee as provided by R.S.26:8-64, to be paid by the applicant.
c. For each death registration initiated on the NJ-EDRS on or after the first day of the first month following the date of enactment of P.L.2003, c.221 but before the first day of the thirty-seventh month following the date of enactment of P.L.2003, c.221, the State registrar shall be paid a recording fee for each record filed, whether by means of the current paper process or electronically, in an amount to be determined by the State registrar but not exceeding $10, from the account of the funeral home, which may include this amount in the funeral expenses charged to the estate or person accepting responsibility for the disposition of the deceased's human remains and the costs associated therewith; provided however, this fee shall not apply to the death registration of a person who died while in the military or naval or maritime or merchant marine service of the United States whose death is recorded pursuant to section 1 of P.L.1950, c.299 (C.26:6-5.2). The State registrar shall deposit the proceeds from the recording fee into the New Jersey Electronic Death Registration Support Fund established pursuant to section 17 of P.L.2003, c.221 (C.26:8-24.2).
d. Notwithstanding any other provision of this section to the contrary, the Commissioner of Health and Senior Services shall designate specifications for uniform forms for the issuance of all vital records, which shall be used by registrars beginning on a date established by the commissioner. The form designated for certified copies of vital records shall contain safety features for authentication purposes and to deter forgery, and shall be readily distinguishable from the form designated for certifications of vital records. Local registrars may include in the fee for a certified copy the additional cost of the form containing such safety features.
The commissioner may issue and enforce orders to implement the provisions of this subsection.
(cf: P.L.2006, c.103, s.57)
2. This act shall take effect on the 180th day after enactment, except that the Commissioner of Health and Senior Services may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.