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HeiressofBickworth

(2,682 posts)
Fri May 2, 2014, 09:12 PM May 2014

Another stupid Oklahoma lawsiged:

Oklahoma legislature and the incredibly stupid governor have signed into law an act which provides that for a period of 75 years after death, only the dead person can obtain a death certificate. No, really, seriously.

Oklahoma SB 1448, Section 1 - 323.
A. To protect the integrity of vital statistics
records, to insure their proper use, and to insure the efficient and
proper administration of the vital statistics system, it shall be
unlawful for any person to permit inspection of, or to disclose
information contained in, vital statistics records, or to copy or
issue a copy of all or part of any such record except to the person
who is the subject of the record
or in such person's interest unless
ordered to do so by a court of competent jurisdiction; provided that
death certificates shall be considered publicly available records
seventy-five (75) years after the death and birth certificates shall
be considered publicly available records one hundred twenty-five
(125) years after the birth.
http://webserver1.lsb.state.ok.us/cf_pdf/2013-14%20ENR/SB/SB1448%20ENR.PDF

Tack that up with the other dumb acts of Governor Mary Fallin. She has also signed laws forbidding cities, towns, counties, etc from raising the minimum wage and, most recently, taxing private solar power. But this must be the most incomprehensible one.

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Another stupid Oklahoma lawsiged: (Original Post) HeiressofBickworth May 2014 OP
But family will need official copies for Ilsa May 2014 #1
It does say "or in such person's interest"........ Fred Sanders May 2014 #2
followed by the words HeiressofBickworth May 2014 #3
Read as a whole "or in that person's interest" would cover disclosure and copies for routine Fred Sanders May 2014 #4

Ilsa

(61,694 posts)
1. But family will need official copies for
Fri May 2, 2014, 09:28 PM
May 2014

Things like insurance policies, settle debts, probate wills, etc.

HeiressofBickworth

(2,682 posts)
3. followed by the words
Fri May 2, 2014, 09:44 PM
May 2014

"unless ordered to do so by a court of competent jurisdiction" which means you would need to go to court to get an order signed by a judge to allow access to a vital statistic record. As another post points out, people need death certificates particularly in order to claim insurance proceeds, transfer property, or even open a probate in court. In other states, when a person dies, a death certificate (usually 10 originals for various uses) is obtained, sometimes by the mortuary, sometimes by the probate attorney or sometimes by another interested party without the necessity of obtaining a court order to do so. There are similar reasons for obtaining birth certificates -- a task an adult could perform under the law, but a child or adolescent would not be able to without a court order. Likewise, there are needs for certified copies of divorce decrees -- like changing title to real property or automobiles. This law ensures that the courts will be overwhelmed with requests for orders that have never before been required to obtain vital statistic records.

Fred Sanders

(23,946 posts)
4. Read as a whole "or in that person's interest" would cover disclosure and copies for routine
Fri May 2, 2014, 09:58 PM
May 2014

uses.

There should be a coma before "unless"' would make it more clear.
Need a legal statue interpretation specialist, but the more sensible interpretation of an ambiguous law is always the ones the courts or government administration are supposed to take.

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