2019 House Bill 1110 - Printed

State of South Dakota  
NINETY-FOURTH SESSION
LEGISLATIVE ASSEMBLY, 2019  

938B0221   HOUSE BILL   NO.  1110  

Introduced by:    Representatives Goodwin, Beal, Brunner, Duba, Livermont, Marty, and Zikmund and Senators Russell, DiSanto, and Nelson
 

        FOR AN ACT ENTITLED, An Act to establish a penalty for certain persons who fail to file a birth certificate or who fail to provide the notice required for the filing of a death certificate.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 34-25-9.1 be amended to read:
    34-25-9.1. If a birth occurs outside an institution, the certificate shall be prepared and filed by one of the following in the indicated order of priority:
            (1)    The physician in attendance at or immediately after the birth, or in the absence of such a person;
            (2)    Any other person in attendance at or immediately after the birth, or in the absence of such a person;
            (3)    The father or mother, or, in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred.
    The department shall promulgate rules, pursuant to chapter 1-26, to establish the evidence necessary to establish the facts of birth.
    Any person required to prepare and file a birth certificate pursuant to this section who fails

to do so within one year of the birth is guilty of a Class 2 misdemeanor.
    Section 2. That § 34-25-21 be amended to read:
    34-25-21. If a death occurs without the attendance of a licensed physician, physician assistant, or certified nurse practitioner, the person in charge of the body shall notify the county coroner and sheriff of such the death. Upon notification, the county coroner shall complete the medical certificate from the statement of relatives or other persons having adequate knowledge of the facts. The coroner, or deputy coroner in the absence of the coroner, shall complete, sign, and file the medical certificate with the department within five days of the date of death, unless an autopsy or investigation is pending, in which case the pending autopsy or investigation shall be noted on the medical certificate. In the absence of a coroner or deputy coroner, or if the coroner is unable to act, and only in such case, the local registrar shall prepare the medical certificate from the statement of relatives or other person having knowledge of the facts.

    Any person in charge of a body who fails to notify the county coroner and sheriff of the death within thirty days following the death is guilty of a Class 2 misdemeanor.

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