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COMMITTEE REPORT
April 15, 2021
H. 3231
Introduced by Reps. Henegan, Robinson, Thigpen, Hosey and Brawley
S. Printed 4/15/21--H.
Read the first time January 12, 2021.
To whom was referred a Bill (H. 3231) to amend Section 44-63-90, Code of Laws of South Carolina, 1976, relating to the State Registrar's Authority to issue a delayed birth certificate for a person, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
LEON HOWARD for Committee.
Explanation of Fiscal Impact
State Expenditure
This bill provides an additional method by which unregistered births in this state may be documented for the purpose of obtaining a birth certificate. Currently, the state registrar of vital statistics issues regulations governing the process to document an unregistered birth and obtain a birth certificate. This bill would allow persons whose birth was not registered to use an inscribed family Bible or genealogical records to document the date of birth. In addition to the required documentation, a person is required to execute a sworn statement affirming the date of birth and must provide other corroborating documentation such as medical, financial, or governmental records reflecting the person's date of birth. DHEC indicates they will be able to accomplish the duties enumerated in this bill with their existing appropriations and staff. Therefore, this bill will not have an expenditure impact on the agency.
Frank A. Rainwater, Executive Director
Revenue and Fiscal Affairs Office
TO AMEND SECTION 44-63-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE REGISTRAR'S AUTHORITY TO ISSUE A DELAYED BIRTH CERTIFICATE FOR A PERSON BORN IN THE STATE WHOSE BIRTH IS UNREGISTERED, SO AS TO ALLOW FOR THE USE OF AN INSCRIBED FAMILY BIBLE OR GENEALOGICAL RECORDS AS DOCUMENTATION OF DATE OF BIRTH IN CERTAIN CIRCUMSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-63-90 of the 1976 Code is amended to read:
"Section 44-63-90. (A) When the birth of a person born in the State has not been registered, a certificate may be filed subject to these regulations prescribed by the state registrar of vital statistics. However, when it appears that an applicant for a certificate of birth cannot produce minimum prescribed documentation, satisfactory as to validity, to the state registrar, the applicant may be denied a certificate of birth and advised as to the reason for the denial. No delayed birth certificate may be registered for a deceased person.
(B) Notwithstanding any provision of law to the contrary, a person born in the State whose birth is unregistered may use an inscribed family Bible or genealogical records as documentation of date of birth if the person executes a sworn statement affirming the date of birth and provides other corroborating documentation, such as medical, financial, or governmental records reflecting the person's date of birth."
SECTION 2. This act takes effect upon approval by the Governor.
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