Bill Summary – FastDemocracy

1104.01000
     Sixty-eighth
     Legislative Assembly                     SENATE BILL NO. 2379
     of North Dakota
     Introduced by
       Senators Weston, Cleary, Lee
       Representatives M. Ruby, Weisz
  A BILL for an Act to amend and reenact section 23-02.1-01 and subsection 1 of section
  23-02.1-27 of the North Dakota Century Code, relating to homeless youth access to birth
  records.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Section 23-02.1-01 of the North Dakota Century Code is
  amended and reenacted as follows:
      23-02.1-01. Definitions.
      As used in this chapter:
      1.     "Authorized representative" means a person that has the legal authority to act on
            behalf of the person named on a record, including a personal representative or
            guardian.
     2.     "Certified" means a copy of the original record on file with the department of health
            and human services which is signed and sealed by the state registrar or deputy state
            registrar.
     3.     "Dead body" means a lifeless human body or parts of such body or bones thereof from
            the state of which it may reasonably be concluded that death recently occurred.
     4.     "Electronic birth registration system" means the electronic birth registration system
            maintained by the department of health and human services.
     5.     "Electronic death registration system" means the electronic death registration system
            maintained by the department of health and human services.
     6.     "Facts of death" means the demographic and personal information pertaining to an
            individual's death.
     7.     "Fetal death" or "birth resulting in stillbirth" means death occurring before the complete
            expulsion or extraction from its mother of a product of human conception. The death is
                                                Page No. 1                         23.1104.01000
     Sixty-eighth
     Legislative Assembly
           indicated by the fact that after such expulsion or extraction the fetus does not breathe
           or show any evidence of life such as beating of the heart, pulsation of the umbilical
           cord, or definite movement of voluntary muscles.
      8.   "Filing" means the presentation of a record, report, or other information provided for in
           this chapter of a birth, death, fetal death, adoption, marriage, divorce, or other event
           as specified by the state health officer for registration by the state registrar.
      9.   "Final disposition" means the entombment, burial, interment, cremation, whole-body
           donation to a school of medicine, removal from the state, or other disposition of a dead
           body or fetus.
    10.   "Health statistics" means data derived from records of birth, death, fetal death,
          marriage, divorce, or other records relating to the health of the populace or the state of
          the environment.
    11.   "Homeless youth" means an individual under sixteen years of age living in one of the
          situations described in 42 U.S.C. 11434(a)(2) and who is not in the care and physical
          custody of a parent or legal guardian.
    12.   "Homeless youth agency" means an agency assisting a homeless youth in obtaining
          the homeless youth's birth record.
    13.   "Institution" means any establishment, public or private, which provides inpatient
          medical, surgical, or diagnostic care or treatment, or nursing, custodial, or domiciliary
          care to two or more individuals unrelated by blood, or to which individuals are
          committed by law.
 12.14.   "Live birth" means the complete expulsion or extraction from its mother of a product of
          human conception, irrespective of the duration of pregnancy, which after such
          expulsion or extraction, breathes or shows any other evidence of life such as beating
          of the heart, pulsation of the umbilical cord, or definite movement of voluntary
          muscles, whether or not the umbilical cord has been cut or the placenta is attached.
 13.15.   "Medical certification" means the medical information pertaining to an individual's
          death, including the cause and manner of death.
 14.16.   "Miscarriage of birth" means the expulsion of a fetus from the womb, spontaneously or
          as a result of an accident, before twenty weeks gestation.
                                               Page No. 2                           23.1104.01000
     Sixty-eighth
     Legislative Assembly
  15.17.   "Personal or real property interests" means ownership or other legal rights or duties
           concerning personal or real property.
  16.18.   "Physician" means an individual authorized or licensed to practice medicine or
           osteopathy under chapter 43-17.
  17.19.   "Registration" means the acceptance by the state registrar and incorporation into
           official records, reports, or other records provided for in this chapter, of birth, death,
           fetal death, marriage, divorce, or other records as may be determined by the state
           health officer.
  18.20.   "Relative" means an individual's current or surviving spouse, a parent or legal
          guardian, a child, a grandparent, or a grandchild. The state registrar may require proof
          of the relationship.
 19.21.   "Subregistrar" means a funeral practitioner or other suitable individual from a licensed
          funeral home who is appointed by the state registrar for the purpose of issuing final
          disposition-transit permits.
 20.22.   "System of health statistics tabulation and analysis" includes the tabulation, analysis,
          and presentation or publication of statistical data derived from health statistics.
 21.23.   "System of vital records registration" includes the registration, collection, preservation,
          amendment, and certification of birth, death, fetal death, marriage, divorce, or other
          records as may be determined necessary by the state health officer or the state health
          officer's designee.
    SECTION 2. AMENDMENT. Subsection 1 of section 23-02.1-27 of the North Dakota
 Century Code is amended and reenacted as follows:
     1.   A certified copy of a birth record may be issued to the individual named on the record if
          that individual is at least sixteen years old, to a parent named on the record, to an
          authorized representative, to a homeless youth agency, or by the order of a court of
          competent jurisdiction. If the individual named on a birth record is deceased, a certified
          copy of that record also may also be issued to a relative. If the date of birth on any
          birth record is more than one hundred and twenty-five years old, that record is an open
          record and a certified copy may be issued to anyone, except that adoption records
          remain confidential.
                                               Page No. 3                           23.1104.01000
Statutes affected: 
INTRODUCED: 23-02.1-01, 23-02.1-27
Enrollment: 23-02.1-01, 23-02.1-27