H. B. 2822
(By Delegates P. White, Petersen and Doyle )


(Originating in the House Committee on Finance)


[April 1, 1993]



A BILL to amend and reeact sections nine and twenty-eight, article five, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to vital statistics fees generally.

 Be it enacted by the Legislature of West Virginia:
That sections nine and twenty-eight, article five, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all to read as follows:
ARTICLE 5. VITAL STATISTICS.
§16-5-9. Compensation of local registrars.
a. Each local registrar shall be paid the sum of one dollar two dollars for each certificate of birth, death, or fetal death registered by him and transmitted to the state registrar of vital statistics in accordance with the rules and regulations adopted and promulgated pursuant to this article.
b. If no birth, death or fetal death is registered by him during any calendar month, the local registrar shall report thatfact to the state registrar of vital statistics and be paid the sum of one dollar two dollars for such report.
c. No compensation shall be paid under this section to any full-time employee of any state or local governmental unit or body. Where such employee is designated to serve, and serves, as a local registrar, the compensation provided by this section shall be paid to the governmental unit or body by which such local registrar is employed.
§16-5-28. Fees for copies and searches.
(a) The state director of the department of health shall charge and collect, prescribe the fees, if any, to be charged and collected by the state registrar of vital statistics, for certified copies of certificates or records, not to exceed five nine dollars per copy, or for a search of the files or records when no copy is made: Provided, That the state registrar shall, upon request of any parent or guardian, supply without fee a certificate limited to a statement as to the date of birth of any child when the same shall be necessary for admission to school, or for the purpose of securing employment: Provided, however, That the state registrar may furnish certified copies of birth and death records to the state welfare department, and to organized charities, free of charge, when such certificates are needed in presenting claims to the federal government, or to the state department of welfare, and an accurate record shall be made of all such certificates so furnished.
(b) After the first day of July, one thousand nine hundred eighty-two, and subject to the provisions set forth in section two, article two, chapter twelve of this code, there isestablished in the state treasury a separate account which shall be designated "the vital statistics account."
(c) Notwithstanding the provisions of section ten, article one, chapter fifty-nine of this Code, the fee to be charged by clerks of the county commissions for certified copies of birth, death and marriage certificates or records issued by said clerks shall be five dollars for certified copies or certificates or records or for a search of the files or records when no copy is made.
The director of health shall promptly deposit two fifths of all fees received under the provisions of this section to the vital statistics account. The director of health shall promptly deposit three fifths of all fees received under the provisions of this section to the general revenue fund account.
The director of health is authorized to expend the moneys deposited in the vital statistics account in accordance with the laws of this state as is necessary to implement this article. The Legislature shall appropriate all moneys in the vital statistics account as part of the annual state budget beginning with the fiscal year one thousand nine hundred eighty-three -- eighty-four.
The director shall make an annual report to the Legislature on the vital statistics account, including the previous fiscal year's expenditures and projected expenditures for the next fiscal year.