CHAPTER 151
HOUSE BILL No. 2423
An Act concerning the department of health and environment;
relating to financing the
civil registration and health statistics functions thereof;
establishing the civil registration
and health statistics fee fund; prescribing certain fees; amending
K.S.A. 65-2418 and
repealing the existing section; also repealing K.S.A.
65-2418b and 65-2418d.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) There is hereby
established the civil registration
and health statistics fee fund in the state treasury which shall be
admin-
istered by the secretary of health and environment. All
expenditures from
the civil registration and health statistics fee fund shall be for
the oper-
ating expenditures of the center for health and environmental
statistics
of the department of health and environment, including the civil
regis-
tration and health statistics functions and the implementation,
mainte-
nance and administration of the vital statistics integrated
information sys-
tem. All expenditures from the civil registration and health
statistics fee
fund shall be made in accordance with appropriation acts upon
warrants
of the director of accounts and reports issued pursuant to vouchers
ap-
proved by the secretary of health and environment or the
secretary's
designee.
(b) On the effective date of this act,
the director of accounts and
reports shall transfer all moneys in the vital statistics
maintenance fee
fund to the civil registration and health statistics fee fund. On
the effective
date of this act, all liabilities of the vital statistics
maintenance fee fund
are hereby transferred to and imposed upon the civil registration
and
health statistics fee fund and the vital statistics maintenance fee
fund is
hereby abolished.
Sec. 2. K.S.A. 65-2418 is hereby
amended to read as follows: 65-
2418. (a) Except as otherwise provided in this
section, (1) The secretary
shall fix and charge by rules and regulations the
fees, if any, to be paid
for certified copies or abstracts of certificates or for search of
the files for
birth, death, fetal death, marriage or divorce
records when no certified
copy or abstract is made. Fees for certified copies or
abstracts of certifi-
cates shall be fixed by rules and regulations of the
secretary except that
the fee for the first copy of a birth or death certificate
or abstract shall
include a $3 surcharge and the fee for each additional copy
of the same
birth or death certificate or abstract requested at the
same time shall
include a $1 surcharge. Except as otherwise
provided in this section, the
secretary shall remit all moneys received by or for the
secretary from fees,
charges or penalties, under the uniform vital statistics act and
amend-
ments thereto, to the state treasurer in accordance with the
provisions of
K.S.A. 75-4215, and amendments thereto. Upon receipt of each
such re-
mittance, the state treasurer shall deposit the entire amount in
the state
treasury to the credit of the civil registration and health
statistics fee fund
created by section 1, and amendments thereto.
(2) The secretary shall not charge
any fee for a certified copy of a
certificate or abstract or for a search of the files or records if
the certifi-
cate, abstract or search is requested by a person who exhibits
correspon-
dence from the United States department of veterans affairs or the
Kansas
commission on veterans' affairs which indicates that the person is
applying
for benefits from the United States department of veterans affairs
and
that such person needs the requested information to obtain such
benefits,
except that, for a second or subsequent certified copy of a
certificate,
abstract or search of the files requested by the person, the usual
fee shall
be charged. The secretary may provide by rules and regulations for
ex-
emptions from such fees.
(b) Subject to K.S.A. 65-2420,
and amendments thereto, the national
office of vital statistics may be furnished copies or data
it requires for
national statistics. The state shall be reimbursed for the
cost of furnishing
the data. The data shall not be used for other than
statistical purposes by
the national office of vital statistics unless so
authorized by the state reg-
istrar of vital statistics.
(c) (1) The secretary shall
remit all moneys received by or for the
secretary from fees, charges or penalties to the state
treasurer in accord-
ance with the provisions of K.S.A. 75-4215, and amendments
thereto.
Upon receipt of each such remittance, other than
remittances for fees
for birth certificates or abstracts, the state treasurer
shall deposit the
entire amount in the state treasury to the credit of the
state general fund.
(2) (3) Upon
receipt of any such remittance of a fee for a certified
copy of a birth certificate or abstract, $3 of each such fee
for the first
copy of a birth certificate or abstract and $1 of each such fee for
each
additional copy of the same birth certificate or abstract requested
at the
same time shall be remitted to the state treasurer in accordance
with the
provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt
of
each such remittance, the state treasurer shall deposit the entire
amount
in the state treasury to the credit of the permanent families
account of
the family and children investment fund created by K.S.A. 38-1808,
and
amendments thereto. The balance of the money received for a fee
for a
certified copy of a birth certificate or abstract shall be
remitted to the
state treasurer in accordance with the provisions of K.S.A.
75-4215, and
amendments thereto. Upon receipt of each such remittance, the
state trea-
surer shall deposit the entire amount in the state treasury to
the credit of
the civil registration and health statistics fee fund created
under this act.
(4) Upon receipt of any such
remittance of a fee for a certified copy
of a death certificate or abstract, $3
$4 of each such fee for the first
certified copy of a death certificate or abstract and
$1 $2 of each such fee
for each additional copy of the same death certificate or abstract
re-
quested at the same time shall be remitted to the state treasurer
in ac-
cordance with the provisions of K.S.A. 75-4215, and amendments
thereto.
Upon receipt of each such remittance, the state treasurer shall
deposit
the entire amount in the state treasury to the credit of the
district coroners
fund created by K.S.A. 22a-245, and amendments thereto. The
balance
of the money received for a fee for a birth
certified copy of a death
certificate or abstract shall be remitted to the state treasurer in
accord-
ance with the provisions of K.S.A. 75-4215, and amendments
thereto.
Upon receipt of each such remittance, the state treasurer shall
deposit
the entire amount in the state treasury to the credit of the
state general
fund civil registration and health statistics
fee fund created by section 1,
and amendments thereto.
(d) Upon receipt of any fee for a
certified copy or abstract of a birth,
death, fetal death, marriage or divorce certificate, $1 of
each such fee
shall be remitted to the state treasurer who shall deposit
the entire
amount of each such remittance in the state treasury and
credit it to the
vital statistics maintenance fee fund created under K.S.A.
2001 Supp. 65-
2418b, and amendments thereto. For the purposes of the
vital statistics
maintenance fee fund, the secretary of health and
environment shall
adopt rules and regulations providing for an increase of $1
in the fees
charged by the state registrar for providing a certified
copy or abstract of
a birth, death, fetal death, marriage or divorce
certificate.
(b) Subject to K.S.A. 65-2415, and
amendments thereto, the national
office of vital statistics may be furnished copies or data it
requires for
national statistics. The state shall be reimbursed for the cost
of furnishing
the data. The data shall not be used for other than statistical
purposes by
the national office of vital statistics unless so authorized by
the state reg-
istrar of vital statistics.
Sec. 3. K.S.A. 65-2418, 65-2418b and 65-2418d are
hereby repealed.
Sec. 4. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved May 19, 2003.
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