GIFT OF ■>'5, '•i,'^ .'•' -f 3061 U'NYr'Ud FEB 18 191C CALIFORNIA STATE BOARD OF HEALTH " BUREAU OF VITAL STATISTICS Vital Statistics Registration Law CALIFORNIA STATK PRINTING OFFICE SACRAMENTO 19 17 orm 1. 5-17-5111—30047 , K' Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. Sec. 8. Sec. 9. Sec. 10. Sec. 11. Sec. 12. Sec. 13. Sec. 14. Sec. 15. Sec. 16. Sec. 17. Sec. 18. OUTLINE. Registration Law of 1915, as Amended in 1917. State bureau of vital statistics. State registrar and assistants. Authority of state registrar under state board of health. Each city a registration district. Provision for rural districts. City registrar the clerk or health officer (in chartered city). Rural registrars appointed for four-year terms. County records. Deputy registrars. Subregistrars. Permit from local registrar before burial or other disposition of dead body. Stillborn child registered as birth and also as death. Certificate of death. Contents. Duty of physician last in attendance. Death without medical attendance certified to by coroner. Undertaker responsible for filing certificate of death. Burial or transit permit valid anywhere in state. Duty of sexton or other person in charge of cemetery. Registration of each birth peremptorily required. Birth certificate to be filed within thirty-six hours by attending physician or midwife. Additional report, within ten days by father or mother, householder, or institution manager or superintendent. Certificate of birth. Contents. Supplemental report of given name of child. Physicians, midwives and undertakers to register with local registrars. Hospital and institution superintendents or inanagers to keep records of inmates for filling out of birth and death certificates. State registrar to prepare and distribute forms and blanks. Additional local record for residents of cities of 2,500 population, who may die or have child born in another registration district. Sec. 18«. Correction of record made upon authority of affidavits by filing amended certificate. Preservation and indexing of records. Sec. 19. Duties of local registrar. Supply blanks, examine certificates, keep copies, transmit originals. Sec. 20. Fee of local registrar. Quarterly certification to county treasurer by state registrar. Sec. 21. Certified copies of searches of records for fifty cent fee. Disposition of funds. Sec. 21&. Superior court procedure for establishing fact of birth or death or marriage not registered within one year of occurrence of event. Sec. 22. Penalty provisions against any violation of registration law. Fine or imprisonment, or both. Sec. 23. Local registrar to enforce law under supervision of state registrar. Prosecutions at instance of state board of health or secretary. Sec. 24. Repealing clause. Additional Provisions Relating to Marriages. Civil Code § 69a. Certificate of marriage to be filled out in presence of county clerk issuing marriage license. Pol. Code § 3074. State bureau of vital statistics. Duty of state registrar. I'ol. Code § 3076. Certificate of marriage. Contents. To be filed by person performing ceremony within three days thereafter. Pol. Code § 3078. Duty of county recorder. Examine certificates, keep copies, transmit originals. Pol. Code § 3079. Fee of county recorder. Quarterly certification by state registrar. Pol. Code § 3082. Penalty for failure to perform duty. 369777 An act to provide a central hnrcau for the preservation of records of marriar/cs, births and deaths, and to provide for the registration of all births and deaths, the establishment of registration districts under the superintendence of the state bureau of vital statistics; the issuance and registration of burial and disinterment permits and certificates of births and deaths; the appointment of state and local registrars of vital statistics; to prescribe the poivers and duties of regis- trars, coroners, phi/sician^, undertakers, sextons and other persons in relation to such registration and to fi-r penalties for violation of this act; to create the officers of state and local registrars of vital statistics, to provide for the salary and fees of same; to repeal all acts and parts of acts in conflict herewith. The people of the State of California do enact as follows: State bureau of vital statistics. State registrar and assistants. Section 1. The state board of health shall maintain a bureau of vital statistics which shall have charge of such matters and shall have such powers as may from time to time be referred and delegated to it by the state board of health. The board shall appoint a state registrar who. by virtue of his office, shall be director of the bureau of vital statistics. His salary shall be two thousand four hundred dollars per annum. The state registrar shall be a competent vital statistician. lie shall have general supervision and control over the bureau of vital statistics. He shall devote his entire time to the duties of his office and shall not engage in any other occupation or business. The board shall appoint also a deputy statistician, whose salary shall be one thousand six hundred dollars per annum, and two copyists, each of whom shall receive a salary of nine hundred dollars per annum. All such salaries shall be paid in the same manner and at the same time as the salaries of state officers. The state board of health may appoint and fix the compensation of such other additional professional and clerical assistants as may be necessary for the purposes of this act, but such compensation shall be paid from its fund for contingent expenses, as provided in the general appropriation act. As soon as practicable the custodian of the capitol shall provide for the bureau of vital statistics in the state capitol at Sacramento, suitable offices, which shall be properly equipped with fireproof vault and filing cases for the permanent and safe preservation of all official records made and returned under this act. \As amended, 1917.] Authority of state registrar under state board of liealth. Sec. 2. The state registrar shall under the direction of the state board of health have charge of the registration of births, deaths, and marriages, shall prepare forms and blanks with instructions for obtaining and preserving such records and shall procure the faithful registration of the same in each primary registration district as constituted in section three of this act, and in the bureau of vital statistics of the state board of health at the capital of the state. The said board shall be charged with the uniform and thorough enforcement of the law throughout the state, and shall promulgate any additional regulations. [As amended. 1917.] Each city a registration district. Provision for rural districts. Sec. 3. For the purposes of this act the state shall be divided into registration districts as follows : each city and county, city and incorporated town, shall constitute a primary registration district : and each county, exclusive of the cities and incor- porated towns therein, may be subdivided by the state registrar into a sufficient number of primary rural registration districts, the boundaries of which he shall define and which he may alter, combine, or subdivide from time to time as may be necessaiy to promote efficient and convenient registration of all births and deaths. [.4s amended. 1917.] City registrar the clerl< or health officer (in chartered city). Rural registrars appointed for four-year terms. County records. Deputy registrars. Subregistrars. Sec. 4. The clerk of each city and county, city and incorporated town, shall be the local registrar in and for such primary registration district and shall perform all such duties of local registrar as hereinafter provided : provided, hon-evcr, that in cities having a freeholders' charter, the health officer may act as local registrar — G — and perform all the duti»>s tluMeof. The state roRistrar. subject to the approval of the state hoard of health or its secretary, shall appoint a local registrar for each primary rural district whose term of office shall be four years, and whom the state registrar may remove forthwith for failure or neglect to i)erform his duty as pre- scribed by this act. Each local registrar for a priniarj- rural district, besides trans- mitting to the state registrar each original birth and d<'ath certificate registered by him and besides retaining a complete and accurate copy of each such birth and death certificate for the local record of the primary rural district as required by section nineteen of this act. shall also transmit to the reconler of the county for a Kpecial county record a complete and accurate copy of each original birth and death cer- tificate transmitted by said local registrar to the state registrar; provided, further, that in accordance with sections three thousand seventy-six. three thousand seventy- eight, and three thousand seventy-nine of the Political Code, the county recorder shall be the sole local registrar for marriages performed anywhere in the county. Each local registrar shall immediately appoint a deputy in writing, whose duty it shall be to act in his stead in case of his absence or disability : and such deputy shall in writing accept such appointment, and be subject to all rules and regulations governing local registrars. And when it appears necessary for the convenience of the people in any registration district, the local registrar is hereby authorized, with the approval of the state registrar, to appoint one or more suitable persons to act as subregistrars, who shall be authorized to receive certificates and to issue burial or removal permits in and for such portions of the district as may be designated ; and each subregistrar shall note, on each certificate, over his signature, the date of filing, and shall forth- with forward all certificates to the local registrar of the district, and in all cases before the third day of the following month ; provided, that each subregistrar shall be subject to the supervision and control of the state registrar, and may be by him removed for neglect or failure to perform his duty in accordance with the provisions of this act or the rules and regulations of the state registrar, and shall be subject to the same penalties for neglect of duty as the local registrar. [As aviended. 1017.] Permit from local registrar before burial or other disposition of dead body. Sec. a. The body of any pei-son whose death occurs in this state, or which shall be found dead therein or which shall be brought in from outside the state, shall not be interred, deposited in a vault or tomb, cremated, disinterred* or otherwise disposed of. or removed from or into any registration district, or be temporarily held pending further disposition more than seventy-two hours after death, unless a permit for burial, removal, or other disposition thereof shall have been properly issued by the local registrar of the registration district in which the death occurred or the body was found; provided, that nothing in this act shall be construed to prevent an undertaker from removing a boited for imrial r)r other disposition, as a basis upon which he may issue a local burial permit, noting ui>on the face of the burial permit the fact that it was a body shipped in for interment, and giving the actual i)lace of death; and no local registrar shall receive any fee for the issuance of burial or removal permits under this act other tliiiii the compensation provided in section twenty. [A$ amended, 1917.] Stillborn child registered as birth and also as death. Skc. <). A stillborn child shall be registered as a birth and also as a death, and separate certificates of both the birth and the death shall be filed with the local •NoTK— Kor additional local disinterment rogulatloii.s see Oeneral I.iiws, Act 646, approved April 1, 1878, and amended. Statutes I'.ilT. Cliapter 37. — 7 — registrar, iu the usual form and manner, the certificate of birth to contain in place of the name of the child, the word "stillbirth" : provided, that a certificate of birth and a certificate of death shall not be required for a child that has not advanced to the fifth month of uterogestation. The medical certificate of the cause of death shall be signed by the attending physician, if any, and shall state the cause of death as "stillborn." with the cause of the stillbirth, if known, whether a premature birth, and. if born prematurely, the period of uterogestation. in months, if known ; and a burial or removal permit of the prescribed form shall be I'equired. Midwives shall not sign certificates of death for stillborn children ; but such cases, and stillbirths occurring without attendance of either physician or midwife, shall be treated as deaths without medical attendance, as provided for in section eight of this act. [As enacted, 1915.] Certificate of death. Contents. Duty of physician last in attendance. Sec. 7. The certificate of death shall contain the following items, which are hereby declared to be necessary for the legal, social, and sanitary pui'poses subserved by registration records : (1) Place of death, including state, county, township, village or city. If in a city, the ward, street, and house number : if in a hospital or other institution, the name of the same to be given instead of the street and house number. If in an industrial camp, the name of the camp to be given. (2) Full name of decedent. If an unnamed child, the surname preceded by "unnamed." (3) Sex. (4) Color or race — as white, black, mulatto (or other Negro descent), Indian, Chinese. Japanese, or other. (5) Conjugal condition — as single, married, widowed or divorced, (oa) Husband of (oft) Wife of (0) Date of birth, including the year, month, and day. (7) Age. in years, months and days. If less than one day, the hours or minutes. (8) Occupation. The occupation to be reported of any person, male or female, who had any remunerative employment with the statement of (a) trade, profession or particular kind of work; (b) general nature of industry, business or establishment in which employed (or employer). (9) Birthplace; at least state or foreign country, if known. (10) Name of father. (11) Birthplace of father; at least state or foreign country, if known. (12) Maiden name of mother. (13) Birthplace of mother; at least state or foreign country, if known. (14) Signature and address of informant. (15) Official signature of registrar, with the date when certificate was filed, and registered number. (16) Date of death, year, month, and day. (17) Certification as to medical attendance on decedent, fact and time of death, time last seen alive, and the cause of death, with contributory (secondary) cause of complication, if any, and duration of each, and whether attributed to dangerous or insanitary conditions of employment; signature and address of physician or official making the medical certificate. (18) Length of residence (for inmates of hospitals and other institutions; transients or recent residents) at place of death and in California, together with the place where disease was contracted if not at the place of death, and former or usual place of residence (giving city and state of residence). (19) Place of burial or removal ; date of burial. (20) Signature and 'address of undertaker or person acting as such and license number of embalmer. The personal and statistical particulars (items one to thirteen) shall be authen- ticated by the signature of the informant who may be any competent person acquainted with the facts. The statement of facts relating to the disposition of the body shall be signed by the undertaker or person acting as such. The medical certificate shall be made and signed by the physician, if any, last in attendance on the deceased, and said physician shall within fifteen hours after the death deposit the certificate at the place of death, or deliver it to the attending undertaker at his place of business or at the office of said physician. Said physician — 8 — shall spocify in the certificate the time in attendance, the time In- last saw the deceased alive and the hour of the day at which death occurred. And lie shall further state the cause of death, so as to show the course of disease or se(juence of causes resulting in the death, jrivinc first the name of the disease causing death (primary cause) and the contributory (secondary) cause, if any. and the duration of each. Indefinite and unsatisfactory terms, denoting only symptoms of disease or conditions resulting from disease, will not be held suflicient for the issuance of a burial or removal permit; and any certificate containing only such terms, as defined by the state registrar, shall be returned to the jjhj-sician or person making the medical certificate for correction and more definite statement. Causes of death which may be the result of either disease or violence shall be carefully defined ; and if from violence, the means of injury shall be stated, and whether (probably) accidental, suicidal, or homicidal. And for deaths of non residents, transients or recent residents in hosj)ita!s or institutions, the physician shall supply the information required under this head (item eighteen), if he is able to do so. and shall state where, in his opinion, the disease was contracted, 'f-l* amended, 1017.1 Death without medical attendance certified to by coroner. Sec. 8. In case of any deatli occurring without medical attendance, or continued absence of the attending physician it shall l)e the duty of the undertaker to notify the coroner or other proper official of such death for investigation and certification. And the coroner or other proper officer whose duty it is to hold an inquest on the body of any deceased person, and to make the certificate of death required for a burial permit, shall state in his certificate the name of the disease caiising deatli, or if from external causes (1) the means of death; and (2) whether (prol>al>ly) accidental, suicidal, or homicidal ; and shall, in any case, furnish such information as may be required by the state registrar in order properly to classify the death. In every case the certificate must contain as many facts required by this act as can be ascertained. [.Is enacted, 1015.] Undertaker responsible for filing certificate of death. Sec. 0. The undertaker, or person acting as undertaker, shall file the certificate of death with the local registrar of the district in which the death occurred and obtain a burial or removal permit jirior to any disposition of the body. He shall obtain the required personal and statistical particulars from the jierson best qualified to supply them, over the signature and address of his informant. He shall then present the certificate to the attending physician, if any. or to the coroner or other proper official either directly or as directed by the local registrar, for the medical certificate of the cause of death and other particulars necessary to complete the record, as specified in sections .seven and eight. And he shall then state the facts required relative to the date and place of burial or removal, over his signature and with his address, and |)re.sent the completed certificate to the local registrar in order to obtain a jM-rmit for Imrial. removal or other disi)Osition of the bmly. The under- taker shall deliver the burial |>('rinit to tln> i»erson in charge of the ]ilace of burial, before interring or otherwise disjiosing of the body; or shall attach the removal permit to the box containing the coriise, when shii^ped by any transjiortation com- pany; said permit to accompany the corpse to its destination, where, if within the State of California, it shall be delivered to the person in charge of the place of burial. Every jierson. firm, or cor|Hiration selling a casket shall keeji a record showing the name of the purchaser, luirdiaser's post-oflice address, name of deceased, date of death, and i)lace of death of deceased, which record shall be oi)en to inspection of the state registrar at all times. On the first day of each month the person, firm, or cor[)oration .selling caskets shall rejiort to the state registrar each sale for the preceding month, on a blank provided for that jiurpose ; prmUUd. Iioirrn r. that no I)erson, firm or coriioration selling caskets to dealers or undertakers only shall be required to keep siicli record, nor shall such report 1m> reciuired fmni undertakers when they have direct charge of the disposition of a dea) For plural births, number of each child in order of birth. (6) Date of birth, including the year, month, and day. (7) Full name of father. (5) Residence of father (giving city and state of residence). (9) Color or race of father. (10) Age of father at last birthday, in years. (11) Birthplace of father; at least state or foreign country, if known. (12) Occupation of father. The occupation to be reported if engaged in any remunerative employment, with the statement of (a) trade, profession, or particular kind of work; (b) general nature of industry, business or establishment in which employed (or employer). (13) Maiden name of mother. (14) Residence of mother (giving city ami state of residence). (15) Color or race of mother. (16) Age of mother at last birthday, in years. (17) Birthplace of mother; at least state or foreign country, if known. (IS) Occupation of mother. The occupation to be reported if engaged in any remunerative employment, with the statement of (a) trade, profession, or particular kind of work: (b) general nature of industry, business or establishment in which employed (or employer). (10) Number of children born to this mother, including present birth. (20) Number of children of this mother living. (21) The certification of attending physician or midwife as to attendance at birth, including statement of year, month, day (as given in item seven), and hour of birth, and whether the child was born alive or stillborn. This certification shall be signed by the attending physician or midwife, with date of signature and address ; if there is no physician or midwife in attendance, then by the father or mother of the child, householder, owner of the premises, or manager or superintendent of public or private institution where the birth occurred, or other competent person, whose duty it shall be to notify the local registrar of such birth, as required by section thirteen of this act. (22) Exact date of filing in office of local registrar, attested by his official signature, and registered ntunber of birth, as hereinafter provided. [As antcndcd, ir>17.] Supplemental report of given name of child. Sec. in. When any certificate of birth of a living child is presented without the statement of the given name, then the local registrar shall make out and deliver to the parents of the child a special blank for the supplemental report of the given name of the child, which shall be lilicd out as directed, and returned to the local registrar as soon as tiie child shall have l)cen named. [As vii(i<(<. Each local registrar shall supply blank forms of certificates to such persons as require them. Kach local registrar shall carefully examine each certificate of death when i)resented for record in order to ascertain whether or not it has l»een made out in accordance with the juovisions of this act and the instructions of the state registrar; and if any certificate of death is incomplete or unsatisfactor.v, it shall be his duty to call attention to the defects in the return, and to withhold the burial or removal permit until such defects are corrected. All certificati-s. either of birth or of death, shall be written legibly, in durable black ink. and no certificate shall be held to be complete and correct that does not supply all of the items of information called fop therein, or s:<.tisfactorily accotuit for their omission. If the certificate of death is jiroperly executed and complete, he shall then issue a i)ermit for removal, burial or other disposition of the body to the undertaker: inuriiUd, that in case the death (Hcurred from some disease which is held b.v the state board of health to be infectious, contagious, or communicable and dangerous to the ]>ub]ic health, no permit for the removal or other disi)osition of the body shall be issued bv the registrar, excejjt under such conditions as ma.v be jjrescribed b.v the state and local boards of health. If a certificate of birth is incomjdete. the local registrar shall immediately notif.v the informant, and re(iuire him to sup])l.v the missing items of infcjrmalion if the.v can be obtained. He shall number consecutively the certificates of birth and death, in two separate series, beginning with number 1 for the first birth and the first death occurring in each calendar year, and sign his name as registrar in attest of the date of filing in his office. He shall also make a ciunjdete anermaiiently in his office as the local record'. And he shall, on the fifth day of each month, transmit to the state registrar all original certilicales registered by him for tlie preceding month. And if no births or no deaths occurred in an.v month, he shall, on the fifth day of the following month report that fact t. \ ADDITIONAL PROVISIONS RELATING TO MARRIAGES. CIVIL CODE. Certificate of marriage to be filled out In presence of county clerk Issuing marriage license. §((!»«. All persons abiint lo be joined in marriage must obtain from the county clerk of the county in which the marriage is to be celebrated, in addition to the license therefor i)rovided for iu section si.\ty-nine of tlie Civil Code, a certificate of registry as jirovided in section three thousand and seventy-six of the Tolitical Code which shall contain among other nialleiN as near as can be ascertained, the race, color, age, name and surname, birtliplace, residence of the parties, maiden name of the female, if j)reviously married, the names and birthplaces of the parents of each. — 15 — and tho maiden name of the mother of each, which said certificate of registrj' shall be filled out as herein provided in the presence of the county clerk issuing the marriage license and shall then be presented to the person perfoi-ming the ceremony and shall be filed by him with the county recorder within three days after the ceremony. [.4s enacted, 1909.] POLITICAL CODE. State bureau of vital statistics. Duty of state registrar. § 3074. The state board of health shall maintain, at the city of Sacramento, a bureau of vital statistics for the complete and proper registration of births, mar- riages and deaths, for legal, sanitary and statistical purposes, which bureau shall be under the supervision of the state registrar of vital statistics. The duty of the state registrar of vital statistics shall be to promulgate and enforce all rules and regulations required to carry out the provisions of this chapter and that may be adopted from time to time by the state board of health. [.4s amended, 1917.] Certificate of marriage. Contents. To be filed by person performing ceremony within three days thereafter. § 307G. All persons who perform the marriage ceremony in this state shall within three days after the ceremony file with the county recorder a certificate of registry of the marriage performed by them in such form as may be prescribed by the state registrar which shall contain among other matters as near as can be ascertained, the place and date of marriage, sex. race, color, age, name and surname, birthplace, residence of the parties married, number of marriage and condition of each, whether single, widowed, or divorced, the occupation of the parties, maiden name of the female, if previously married, the names and birthplace of the parents of each and the maiden name of the mother of each. [As amended, 1905.] Duty of county recorder. Examine certificates, keep copies, transmit originals. § 307S. It shall be the duty of every county recorder to receive without fee or chai'ge each certificate of registry of marriage * * * ; to make a complete and accurate copy of each certificate registered by him, upon a form identical with the original certificate, to be filed and permanently preser\'ed in his office as the local record of such marriage * * *, in such manner as directed by the state registrar. The recorder * * * must carefully examine each report, and register the same marriage * * * j^^j- once, although it may be reported by dififei'ent persons. The certificates shall be numbered by him and entered in the order in which they are reported to him, beginning with number one for the first * * * marriage in each calendar year. He shall also sign his name as registrar in attest of the date of filing in his office. On or before the fifth day of each month each recorder * * * shall transmit by United States mail, carefully enclosed in appropriate envelopes or wrappers, addressed to the state registrar at Sacramento, or shall personally deliver to him at his office in Sacramento, on or before the fifth day of each month, the original certificate of * * * marriage, filed with him during the preceding month. The state registrar shall thereupon file said original certificates of marriage * * *_ and cause the same to be separately and systematically indexed. [As amended, 1907.] Fee of county recorder. Quarterly certification by state registrar. § 3079. For their services as required by section 307S of this code, county recorders * * * shall, in addition to their compensation for the other duties of their office, be allowed by the board of supervisors, ten cents for each name registered and reported to the state registrar, which sum shall be paid out of the general fund of the county upon warrants issued quarterly and signed by the county auditor and approved by the state registrar, which warrants shall specify the number of cer- tificates of marriages * * * properly registered and filed with the state registrar. [As amended, 1905.] Penalty for failure to perform duty. § 3082. Any officer or pereon upon whom a duty is imposed under this chapter who fails, neglects or refuses to perform any of the duties imposed upon him under this chapter or by the instructions and directions of the state registrar shall be deemed guilty of a misdemeanor and upon conviction shall be punished in the same manner as other misdemeanors provided in the Penal Code. [.4s amended, 1905.] THIS BOOK IS DUE ON THE LAST DATE THIS i»u g^^jjpjju BELOW AN INITIAL FINE OF 25 CENTS W.UL BE ASSESSED FOR FAILURE TO RCTURN DAY AND TO $t.OO ON THE SEVENTH DAY OVERDUE. \ LD21-95m7;37 ^jm'-^ YD 1984^ ■'■f^lS^i-: ^^>-;^^ 1^ ):■;:-< :);^,r:' ^V^>.. *^■:KV ,>*! .■A'V- ^'il.v-" -;-'^ ••i>.^-> '■"'^ -■ ■■■■ ;>■>*■ gssiS--/' 369777 UNIVERSITY OF CAUFORNIA LIBRARY