SENATE BILL NO. 30
INTRODUCED BY HARGROVE D
BY REQUEST OF THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES
AN ACT REMOVING TERMINATION PROVISIONS RELATED TO FEDERAL REQUIREMENTS FROM THE CHILD SUPPORT LAWS; REQUIRING, AS MANDATED BY THE FEDERAL GOVERNMENT, A SOCIAL SECURITY NUMBER ON A DEATH CERTIFICATE UNLESS THE FEDERAL GOVERNMENT EXEMPTS MONTANA FROM THAT REQUIREMENT; AMENDING SECTION 50-15-403, MCA, AND SECTION 104, CHAPTER 552, LAWS OF 1997; AND PROVIDING EFFECTIVE DATES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 104, Chapter 552, Laws of 1997, is amended to read:
"Section 104. Contingent termination -- request for federal exemptions. (1) [Sections 9, 11, 22 through 24, 93, and
95] and the bracketed language in [sections 1 through 3, 10, 25, 45, and 89] terminate on the date of the suspension if the
federal government suspends federal payments to this state for this state's child support enforcement program and for this
state's program relating to temporary assistance to needy families because of this state's failure to enact law as required by
the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
(2) [Sections 9, 11, 22 through 24, 93, and 95] and the bracketed language in [sections 1 through 3, 10, 25, 45, and 89]
terminate on the date that a final decision is rendered in federal court invalidating the child support provisions of the federal
Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
(3) If the director of the department of public health and human services certifies to the governor and the secretary of state in writing that one of the following provisions is no longer required by federal law because of repeal of or amendment to federal statutes that require that provision, the provision terminates on the date the certification takes effect:
(a) [section 9];
(b) [section 11];
(c) [sections 22 through 24];
(d) [section 93];
(e) [section 95];
(f) (e) the bracketed provisions in [sections 1 through 3, 10, 25, 45, and 89].
(4) If the director of the department of public health and human services certifies to the governor and the secretary of
state in writing that the federal government has granted this state an exemption from one of the following provisions, the
provision terminates on the date the exemption takes effect:
(a) [section 9];
(b) [section 11];
(c) [sections 22 through 24];
(d) [section 93];
(e) [section 95];
(f) the bracketed provisions in [sections 1 through 3, 10, 25, 45, and 89].
(5) (a) The department of public health and human services shall do everything reasonably within its power to obtain, as
soon as possible, federal government exemptions from the provisions listed in subsection (4).
(b) Because section 395(c) of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(PRWORA) allows a grace period for states to amend their constitutions in order to comply with PRWORA and because
the Montana legislature believes that the section of PRWORA prohibiting a jury trial in a paternity proceeding violates
Article II, section 26, of the Montana constitution and is therefore rejected, the department of public health and human
services shall seek a federal government exemption from the jury trial prohibition in PRWORA as the first exemption it
seeks under subsection (5)(a).
(6) [Sections 9, 11, 22 through 24, 93, and 95] and the bracketed language in [sections 1 through 3, 10, 25, 45, and 89]
terminate July 1, 1999.
(7)(4) If the bracketed language in [sections 1 through 3, 10, 25, 45, and 89] terminates, the code commissioner is
instructed to renumber subsections, adjust internal references, and correct grammar and arrangement."
Section 2. Section 50-15-403, MCA, is amended to read:
"50-15-403. Preparation and filing of death or fetal death certificate. (1) A person in charge of disposition of a dead body or fetus that weighs at least 350 grams at death or, if the weight is unknown, has reached 20 completed weeks of gestation at death shall obtain personal data on the deceased, including the deceased's social security number, if any, or, in the case of a fetal death, on the parents that is required by the department from persons best qualified to supply the data and enter it on the death or fetal death certificate.
(2) The person in charge of disposition of the dead body or fetus shall present the death certificate to the certifying physician or the coroner having jurisdiction for medical certification of the cause of death. The medical certification must be completed by the physician or the coroner within the timeframe established by the department by rule. The person in charge of disposition shall obtain the completed certification of the cause of death from the physician or the coroner and shall, within the time that the department may prescribe by rule, file the death or fetal death certificate with the local registrar in the registration area where the death occurred or, if the place of death is unknown, where the dead body was discovered.
(3) If a dead body is found in this state but the place of death is unknown, the place where the body is found must be shown as the place of death on the death certificate. If the date of death is unknown, then the approximate date must be entered on the certificate. If the date cannot be approximated, the date that the body was found must be entered as the date of death, and the certificate must indicate that fact.
(4) When a death occurs in a moving vehicle, as defined in 45-2-101, in the United States and the body is first removed from the vehicle in this state, the death must be registered in this state and the place where the body is first removed is considered the place of death. When a death occurs in a moving vehicle while in international air space or in a foreign country or its air space and the body is first removed from the vehicle in this state, the death must be registered in this state, but the actual place of death, insofar as it can be determined, must be entered on the death certificate."
Section 3. Effective dates -- contingent voidness. (1) [Section 1 and this section] are effective on passage and approval.
(2) [Section 2] is effective January 1, 2001, unless prior to that date the director of the department of public health and human services certifies to the governor and the secretary of state in writing that the federal government has granted this state an exemption from the requirement to have a social security number on a death certificate and the exemption covers the period January 1, 2001, through July 1, 2001, in which case [section 2] is void.
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Latest Version of SB 30 (SB0030.ENR)
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