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2017 SESSION

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HB 2276 Death certificate; amendments other than correction of information.

Introduced by: Tony O. Wilt | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Death certificate; amendments. Establishes a process for amending death certificates to change the name of the deceased, the deceased's parent or spouse, or the informant; the marital status of the deceased; or the place of residence of the deceased when the place of residence is outside the Commonwealth. This bill is identical to SB 1048.

SUMMARY AS PASSED HOUSE:

Death certificate; amendments. Provides that, for death certificate amendments other than the correction of information by the State Registrar, including changing the name of the deceased, the deceased's parent or spouse, or the informant, the marital status of the deceased, or the place of residence of the deceased, when the place of residence is outside the Commonwealth, the surviving spouse or immediate family of the deceased may file a petition with the circuit court of the county or city in which the decedent resided as of the date of his death, or the Circuit Court of the City of Richmond, requesting an order to amend such death certificate. The bill requires service of the petition upon the State Registrar and upon any person listed as a relative or informant on such death certificate. The bill directs the clerk to submit the petition and evidence to the judge for entry of an order without a hearing, unless the judge decides a hearing is necessary. The bill requires the clerk to transmit a copy of the court's order to the State Registrar, who shall amend the death certificate in accordance with such order.

SUMMARY AS INTRODUCED:

Death certificate amendments; disputes settled by clerk of circuit court. Provides that when an applicant does not submit the minimum documentation required by regulation to amend a death certificate or when the State Registrar finds reason to question the validity or sufficiency of the evidence, an aggrieved applicant may submit his evidence for the amendment to the clerk of a circuit court. Such clerk shall notify the State Registrar upon finding that the submitted evidence is valid and sufficient to amend the death certificate. Upon such notice, the State Registrar shall amend such death certificate to reflect the new information and evidence.