REFERENCE TITLE: Native Americans; delayed birth certificates

 

 

 

State of Arizona

House of Representatives

Fifty-second Legislature

First Regular Session

2015

 

 

HB 2157

 

Introduced by

Representatives Hale, Benally, Meyer, Otondo, Rios, Steele, Wheeler, Senator Begay: Representatives Alston, Barton, Bowers, Brophy McGee, Carter, Friese, Gabaldón, Gonzales, Larkin, Saldate, Sherwood, Shope, Thorpe

 

 

AN ACT

 

Amending section 36‑333.02, Arizona Revised Statutes; relating to delayed birth certificate registration.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 36-333.02, Arizona Revised Statutes, is amended to read:

START_STATUTE36-333.02.  Delayed birth certificate registration

A.  If a birth certificate of a person who is born in this state is not registered within one year after the date of birth, a person authorized by this chapter may submit to the state registrar information and evidentiary documents that support the creation and registration of a delayed birth certificate.

B.  The state registrar may waive the information and evidentiary document requirements in subsection A of this section for a birth that occurred before 1970.

C.  The state registrar shall create a delayed birth certificate that includes a listing of the information and evidentiary documents submitted pursuant to subsection A of this section.

D.  The state registrar shall register a delayed birth certificate if the information and evidentiary documents are accurate and complete, support the creation and registration of the delayed birth certificate and are submitted pursuant to this chapter and rules adopted pursuant to this chapter.

E.  If the state registrar determines that the information and evidentiary documents are not accurate and complete or do not support the creation and registration of the delayed birth certificate, the state registrar shall not create and register the delayed birth certificate, shall notify the person requesting a delayed birth certificate of the reasons for not creating and registering the delayed birth certificate and shall advise the person requesting a delayed birth certificate of that person's right to petition for a court order pursuant to section 36‑333.03.

F.  The state registrar shall establish documentation requirements for Native Americans who were born before 1970 and who are requesting delayed birth certificates.  If a requesting party presents documents that do not meet the documentation requirements established by the state registrar, the director shall review the documents submitted and determine whether to create and register a delayed birth certificate. END_STATUTE

Sec. 2.  Department of health services; rules; exemption

For the purposes of implementing this act and to facilitate the use of electronic records and administrative efficiency within vital records, the department of health services is exempt from the rulemaking requirements of title 41, chapter 6, Arizona Revised Statutes, for one year after the effective date of this act.  The department shall provide public notice and an opportunity for public comment on any proposed rules at least thirty days before the rule is adopted or amended.