- Committee -

SCS/SB 1137 - This act allows electronic creation and access to birth and death records.

Current law allows the State Registrar to appoint local registrars and deputies and clarifies the duties of deputies by allowing them to carry out some or all of the duties of the local registrar (Section 193.065).

Currently, a birth certificate must be filed for each live birth in this state. This act allows the individual who files the birth certificate to do so either manually or by an approved electronic process. The birth certificate of a surrogate child must list the mother and contain the personal data of the woman who physically carried the child. Upon receipt of a court order that another woman is the biological mother, the Department will issue a new certificate stating such information. The original certificate and the court order will not be subject to inspection, except upon court order (Section 193.085).

Technical changes are made in Section 193.087, RSMo. This act modifies Sections 193.115 and 193.125, RSMo, to allow forms either prescribed or approved, thus allowing for electronic filing.

Currently, a death certificate must be filed for each death in this state. This act allows those who provide medical certification to attest to the certificate by signature or by an approved electronic process (Section 193.145).

Current law allows the State Registrar to keep vital records in a variety of formats. This act requires appropriate reproduction standards. This act also allows the release of birth and death records to the state archives after a certain amount of time (Section 193.225).

Currently the inspection of vital records without permission is prohibited. This act allows the disclosure upon request of birth records over ninety years old and death records over fifty years old. The Department must make such records available over the Internet by December 31, 2004 (Section 193.245).

Currently, the fee for copies of vital records is $10. This act raises the fee to $13 after August 28, 2002. Allocation of the fee to the Missouri Public Health Services Fund is raised to $3. Money deposited into the latter Fund must be used to improve the vital records system, provide Internet access to records and Internet application and registration. The Internet birth and death registration must be implemented by December 31, 2005 (Section 193.265).

Current law allows probate to begin in certain circumstances when it relates to the estate of an absent person. This act adds an individual's exposure to a specific peril of death due to an actual or suspected terrorist event to the list of circumstances. Current law also allows a presumption of death after five years and without proof otherwise. This act provides that it will be sufficient to presume a person dead at any time after that person was exposed to a specific peril of death, even if five years have not yet elapsed (Sections 473.697 and 490.620).

ERIN MOTLEY