State of South Dakota
|
SEVENTY-FOURTH
SESSION
LEGISLATIVE ASSEMBLY, 1999 |
400C0325 |
SENATE BILL
NO.
22
|
Introduced by: The Committee on Health and Human Services at the request of the Department of Health |
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to vital records.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-25-1 be amended to read as follows:
34-25-1. The
state
department
of health
shall
have charge of
administer
the registration of
births, deaths, fetal deaths, burials, marriages
,
and divorces.
For the purpose of implementing the
system of vital registration, the department may promulgate rules pursuant to chapter 1-26. The
department may adopt rules to:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-25-1 be amended to read as follows:
34-25-1. The
(1) Define the term, court of competent jurisdiction, as used in this chapter;
(2) Establish procedures for processing paternity affidavits and court determinations of
paternity; and
(3) Establish procedures for amending birth and death certificates.
Section 2. That § 34-25-15 be amended to read as follows:
34-25-15. In cases of legitimation, the department, upon receipt of proof of the marriage of the parents after the birth of the child together with an affidavit of paternity signed by both parents of the child, shall prepare a new certificate of birth in the new name of the legitimated child.
Section 2. That § 34-25-15 be amended to read as follows:
34-25-15. In cases of legitimation, the department, upon receipt of proof of the marriage of the parents after the birth of the child together with an affidavit of paternity signed by both parents of the child, shall prepare a new certificate of birth in the new name of the legitimated child.
Within ten days after the filing of an affidavit of acknowledgment of paternity, signed by both
putative parents who are not married, the department shall add the name of the father to the
certificate of birth if paternity is not shown on the record. Upon request of the parents, the
surname of the child may be changed to that of the father
or a combination of mother's and
father's surnames
, in which case the department shall prepare a new birth certificate. A change
in paternity, which is already shown on a birth certificate, may be made only upon receipt of a
court order determining paternity.
Upon receipt of a court order or affidavits determining the paternity of a child pursuant to
§
34- 25-13.1, the department shall prepare a new certificate of birth. Each applicant for a new
birth record shall submit a five dollar fee to the department for the preparation and filing of the
record.
Section 3. That § 34-25-36 be amended to read as follows:
34-25-36. A funeral director, embalmer, or other person who removes from the place of death or transports or finally disposes of a dead body or fetus, in addition to filing any certificate or other form required by this chapter, shall keep a record which shall identify the body, and shall on or before the fifth day of each month report to the
state
department
of health
all human bodies
handled during the preceding month on a form provided for that purpose.
If no death occurs in
any given month which requires a funeral director to keep a record pursuant to this section, the
funeral director shall report that fact on a form provided for that purpose.
Section 4. That § 34-25-43 be amended to read as follows:
34-25-43. The
state
department
of health
shall prepare, print, and supply to all registrars, all
blanks and forms used in registering, recording, and preserving the reports and returns, or in
otherwise carrying out the purposes of this chapter. No blanks or forms
shall
may
be used other
than those supplied by the
state
department
of health
or exact electronic replicas approved by
the department
.
Section 5. That § 34-25-46 be amended to read as follows:
34-25-46. The local registrar shall sign, date, and number consecutively the certificates of
birth,
death
,
and burial or removal permits filed
in his office, and sign thereon his name as
registrar, together with the date of filing in his office. He shall make a copy of each birth and
death certificate filed by him, in the form prescribed by the state department of health. He
at the
county office. The local registrar
shall transmit
weekly
to the
state
department
monthly or more
frequently when directed to do so,
the original certificates of
birth and
death
and shall maintain
a copy of all death certificates filed in the county
. If no
vital event occurred
death certificates
were filed
in any
month, he
week, the local registrar
shall report that fact on a form provided for
that purpose.
Section 3. That § 34-25-36 be amended to read as follows:
34-25-36. A funeral director, embalmer, or other person who removes from the place of death or transports or finally disposes of a dead body or fetus, in addition to filing any certificate or other form required by this chapter, shall keep a record which shall identify the body, and shall on or before the fifth day of each month report to the
Section 4. That § 34-25-43 be amended to read as follows:
34-25-43. The
Section 5. That § 34-25-46 be amended to read as follows:
34-25-46. The local registrar shall sign, date, and number consecutively the certificates of