CHAPTER 44:09:06
DISCLOSURE OF INFORMATION
Section
44:09:06:01 Repealed.
44:09:06:02 Fee for search, verification, or certified copy of vital records.
44:09:06:02.01 Fee for expedited services.
44:09:06:03 Repealed.
44:09:06:04 Application form requirements.
44:09:06:05 Requirements for serving as a designated agent.
44:09:06:06 Application methods and requirements.
44:09:06:07 Security requirements for certified copies of vital records.
44:09:06:08 Security requirements for informational copies of vital records.
44:09:06:01. Disclosure of data from out-of-wedlock birth records.Repealed.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; repealed, 21 SDR 14, effective August 4, 1994.
44:09:06:02. Fee for search, verification, or certified copy of vital records. The fees for any copy of a birth, death, fetal death, marriage, or divorce record filed by the system of vital registration are as follows:
(1) Birth record - each informational or certified copy, verification, or certified statement that a record is not filed, $13;
(2) Death or fetal death record - each informational or certified copy, verification, or certified statement that a record is not filed, $15;
(3) Marriage record - each informational or certified copy, verification, or certified statement that a record is not filed, $15;
(4) Divorce record - each informational or certified copy, verification, or certified statement that a record is not filed, $15.
Any copy of any vital record issued from the system of vital registration may only be issued in the form of a certified or informational copy except if a copy is being issued under SDCL 34-25-52.1. A copy issued pursuant to that section shall be stamped for "Administrative Use Only."
Source: 7 SDR 9, effective August 11, 1980; 10 SDR 144, effective July 1, 1984; 21 SDR 71, effective October 16, 1994; 26 SDR 89, effective January 9, 2000; 31 SDR 213, effective July 4, 2005; 35 SDR 183, effective February 2, 2009.
General Authority: SDCL 34-25-52.
Law Implemented: SDCL 34-25-52, 34-25-52.1.
Cross-References: Fees of register of deeds enumerated, SDCL 7-9-15; Additional fee charged for copy of birth record -- Disposition, SDCL 34-25-52.2.
44:09:06:02.01. Fee for expedited service. The Department of Health or authorized local registrar shall charge an additional fee of five dollars if the request for an informational or certified copy of a vital record is made by telephone or internet and payment is by credit card.
Source: 21 SDR 71, effective October 16, 1994; 31 SDR 213, effective July 4, 2004.
General Authority: SDCL 34-25-52.
Law Implemented: SDCL 34-25-52.
44:09:06:03. Local registrars to transmit a portion of death record fees to state general fund.Repealed.
Source: 10 SDR 144, effective July 1, 1984; repealed, 26 SDR 89, effective January 9, 2000.
44:09:06:04. Application form requirements. To request a certified or informational copy of a vital record, the applicant shall provide the following information on an application form prescribed by the Department of Health or via a method that allows for authentication of the requestor:
(1) Applicant's full name;
(2) Current home or business address;
(3) Signature of the applicant or electronic authentication;
(4) Current telephone number, if applicable;
(5) Type of vital record requested;
(6) For a certified copy only, a statement of the relationship of the applicant to the registrant;
(7) For a birth record only, the name of the record, the date of birth and the mother's maiden name, or enough information to locate the record; and
(8) For any death, marriage, or divorce record, enough information to locate the record.
Source: 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-52.4.
Law Implemented: SDCL 34-25-52.4.
44:09:06:05. Requirements for serving as a designated agent. A designated agent is established by a notarized statement, signed by the individual who is to be represented by the designated agent, that describes the authority being given to the designated agent to act on the individual's behalf.
Source: 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-52.4.
Law Implemented: SDCL 34-25-52.4.
44:09:06:06. Application methods and requirements. An applicant for a certified or informational copy of a vital record shall submit an application as provided in § 44:09:06:04 to the Department of Health or authorized local registrar along with a government issued photo ID that contains the applicant's signature or other proof of identity as deemed acceptable by the state registrar. If the application is made in person, the applicant shall complete an application and shall present a valid picture identification. If the application is made via mail, the application shall be notarized or the applicant shall provide a clear copy of a valid picture identification. If the application is made via phone, the information from the application shall be taken over the phone and the applicant shall fax a clear copy of a valid picture identification or the identity of the individual shall be authenticated by electronic means. If the application is made via the internet, the information from the application shall be taken via the internet and the identity of the individual authenticated by electronic means.
Source: 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-52.4.
Law Implemented: SDCL 34-25-52.4.
44:09:06:07. Security requirements for certified copies of vital records. Each certified copy of a vital record issued from the vital records system by the Department of Health or an authorized local registrar shall:
(1) If issued from the electronic system, be issued on standard security paper as designated by the Department of Health. If it is not possible to issue the copy from the electronic system or the electronic copy does not contain all of the information needed by the applicant, a photostatic copy may be issued on plain paper;
(2) Contain the signature of the state registrar or authorized local registrar; and
(3) Contain a raised seal.
Source: 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-52.4.
Law Implemented: SDCL 34-25-52.4.
44:09:06:08. Security requirements for informational copies of vital records. An informational copy of a vital record issued from the vital records system shall be issued electronically if possible from the electronic system, unless a photostatic copy is specifically requested by the applicant. Any informational copy issued by the Department of Health or an authorized local registrar shall:
(1) Be issued on plain paper; and
(2) Be clearly marked "For information purposes only. Not legal proof of identification."
No informational copy may contain the seal or signature of the issuing agent.
Source: 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-52.4.
Law Implemented: SDCL 34-25-52.4.
