H. B. 2047

(By Delegates Staton, Pino, Givens, Tillis,

Riggs and Trump)

(Introduced February 12, 1997; referred to

the Committee on the Judiciary)






A BILL to amend and reenact sections eighteen-b and nineteen, article five, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to professions and occupations; requiring a deceased person's social security number to be placed in the records relating to the death and be recorded on the death certificate.

Be it enacted by the Legislature of West Virginia:
That sections eighteen-b and nineteen, article five, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, to read as follows:
ARTICLE 5. VITAL STATISTICS.

§16-5-18b. Limitation on use of social security numbers.
(a) A social security account number obtained in accordance with the provisions of this article with respect to the filing of: (1) A certificate of birth; (2) an application for a delayed registration of birth; (3) a judicial order establishing a record of birth; (4) an adoption order or decree; or (5) a certificate of paternity shall not be transmitted to a clerk of the county commission. Such social security account number shall not appear upon the public record of the register of births or upon any certificate of birth registration issued by the state registrar, local registrar, county clerk or other issuing authority, if any. Such social security account numbers shall be made available by the state registrar to the child support enforcement division created by article forty-eight-a upon the request of the division, to be used solely in connection with the enforcement of child support orders.
(b) A parent who desires not to furnish a social security account number as required by the provisions of this article or article six, chapter forty-eight-a of this code shall file with the person responsible for obtaining personal data from the parent, a request that he or she not be required to furnish such number. The request shall be made on a form prescribed by the state registrar of vital statistics or in a substantially similar instrument and shall set forth the reasons that the parent declines or is unable to furnish such number. Supplies of a form for the request shall be made available to hospitals, circuit clerks and other persons responsible for obtaining personal data from parents, and shall be provided to any parent who states that he or she desires not to be required to furnish such number. A request, when received, shall be transmitted in the same manner as a record of a social security account number. The board of health shall promulgate legislative rules in accordance with the provisions of chapter twenty-nine-a of this code which shall establish the procedural means and substantive criteria by which the state registrar may determine whether there exists good cause for not requiring the furnishing of such number. In proposing the promulgation of such rules, the board of health shall give due consideration to related regulations prescribed by the secretary of health and human services of the United States.
§16-5-19. Death registration.

(a) A death certificate for each death which occurs in this state shall be filed with the local registrar of the registration district in which the death occurs within three days after such death, and prior to removal of the body from the state, and shall be registered by such registrar if it has been completed and filed in accordance with this section: Provided, That
(1) If the place of death is unknown, a death certificate shall be filed in the registration district in which a dead body is found within three days after the finding;
(2) If death occurs in a moving conveyance, a death certificate shall be filed in the registration district in which the dead body is first removed from such conveyance; and
(3) If the death occurs in a district other than where the deceased resided, a death certificate shall be filed in the registration district in which the death occurred and in the district in which the deceased resided.
(b) The funeral director or person acting for him who first assumes custody of a dead body shall file the death certificate. He shall obtain the necessary personal data from the next of kin or the best qualified person or source available. He The funeral director or person acting for him shall obtain the medical certification of the cause of death from the person responsible for making such certification. The personal data obtained shall include the deceased person's social security number or numbers. The social security account number of a individual who has died shall be placed in the records relating to the death and shall be recorded on the death certificate. A record of the social security number or numbers shall be filed with the local registrar of the district in which in the deceased person resided within seven days after the death, and the local registrar shall transmit such number or numbers to the state registrar of vital statisics in the same manner as other personal data is transmitted to the state registrar.
(c) The medical certification shall be completed and signed within twenty-four hours after death by the physician in charge of the patient's care for the illness or condition which results in death except when inquiry is required pursuant to chapter sixty-one, article twelve or other applicable provision of this code.
(d) When death occurs without medical attendance and inquiry is not required pursuant to chapter sixty-one, article twelve or other applicable provisions of this code, the local health officer shall investigate the cause of death and complete and sign the medical certification within twenty-four hours after receiving notice of the death.
(e) When death occurs in a manner subject to investigation, the coroner or other officer or official charged with the legal duty of making such investigation shall investigate the cause of death and shall complete and sign the medical certification within twenty-four hours after making determination of the cause of death.
(f) In order that each county may have a complete record of the deaths occurring in said county, the local registrar shall transmit each month to the county clerk of his county a copy of the certificates of all deaths occurring in said county, and if any person shall die in a county other than that county within the state in which such person last resided prior to death, then the state registrar shall, if possible, also furnish a copy of such death certificate to the clerk of the county commission of the county wherein such person last resided, from which copies the clerk shall compile a record of such deaths and shall enter the same in a systematic and orderly way in a well-bound register of deaths for that county, which such register shall be a public record. The form of said death register shall be prescribed by the state registrar of vital statistics.

NOTE: The purpose of this bill is to require a deceased person's social security number to be placed in the records relating to the death and be recorded on the death certificate. This requirement is mandated by §317 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. The intent of the requirement is to enable the collection and use of social security numbers for use in child support enforcement.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.