PROPOSAL
Maryland Register
Issue Date:  June 24, 2016
Volume 43 • Issue 13 • Pages 727—728
 
Title 10
DEPARTMENT OF HEALTH AND MENTAL HYGIENE
Subtitle 03 HEALTH STATISTICS
10.03.01 Vital Records
Authority: Health-General Article, §4-217(c); Ch. 316, Acts of 2016, Annotated Code of Maryland
Notice of Proposed Action
[16-154-P]
The Secretary of Health and Mental Hygiene proposes to amend Regulation .08 under COMAR 10.03.01 Vital Records.
Statement of Purpose
The purpose of this action is to reduce from $24 to $10 the fee collected by the Department for issuance of a certified or abridged copy of a birth certificate, issuance of the first copy of a certified death certificate issued in a single transaction, a report that a search of the birth or death certificate files was made and the requested record was not on file, and for each change to a birth or death certificate made later than 1 year after the certificate was registered with the Department. In addition, the proposed regulation reduces from $20 to $10 the fee that is transferred to the General Fund for a birth or death certificate that is issued by a local health department. These changes are being made in accordance with Ch. 316, Acts of 2016.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
I. Summary of Economic Impact. There will be a reduction in revenue of approximately $3.6 million per year since fees for birth and death certificates and related matters will be reduced.
 
 
Revenue (R+/R-)
 
II. Types of Economic Impact.
Expenditure (E+/E-)
Magnitude
 

 
A. On issuing agency:
(R-)
$3,600,000/year
B. On other State agencies:
(E-)
$72,800
C. On local governments:
(E-)
$12,600
 
 
Benefit (+)
Cost (-)
Magnitude
 

 
D. On regulated industries or trade groups:
NONE
E. On other industries or trade groups:
NONE
F. Direct and indirect effects on public:
(+)
$3,600,000/year
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
A. and F. Assuming that 140,052 birth certificates and 49,182 first copies of death certificates are issued; 3,043 changes are made to birth and death certificates more than 1 year after registration; and 95,752 certificates are issued by local health departments, the public and government agencies that request copies of vital records will pay $3,600,000 less in fees, resulting in a comparable loss in revenue. All fees collected by the Division of Vital Records are transferred to the General Fund.
B. Approximately 5,200 certificates a year are issued to other State agencies; the reduction in fees will result in a reduction of expenditures of approximately $72,800 per year.
C. Approximately 900 certificates a year are issued to local government agencies; the reduction in fees will result in a reduction of expenditures of approximately $12,600 per year.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 W. Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through July 25, 2016. A public hearing has not been scheduled.
.08 Inspection of Records and Disclosure of Information.
A.—H. (text unchanged)
I. Fees Collected by the Department.
(1) The Department shall collect a $12 fee when the Department:
(a) Issues a certified or abridged copy of a:
(i) Death certificate provided concurrently with an initial requested death certificate;
(ii)(vi) (text unchanged)
(b) Issues a report that a search of the [death,] fetal death, marriage, or divorce files was made and a requested record is not on file;
(c) Makes an amendment to a [death,] fetal death[,] or marriage certificate pursuant to a request made more than 1 year after the certificate was registered with the Department; or
(d) (text unchanged)
(2) The Department shall collect a [$24] $10 fee when the Department:
(a) Issues a certified or abridged copy of [a birth certificate;]:
(i) A birth certificate; or
(ii) The first copy of a death certificate issued in a single transaction;
(b) Issues a report that a search of the birth or death certificate files was made and a requested record is not on file; or
(c) Makes an amendment to a birth or death certificate pursuant to a request made more than 1 year after the certificate was registered with the Department.
J. Fees Collected by Local Health Departments.
(1) (text unchanged)
(2) From the fee collected for providing a certificate or report under §J(1) of this regulation, the local health department shall transfer [$20] $10 to the General Fund of the State.
K.—N. (text unchanged)
VAN T. MITCHELL
Secretary of Health and Mental Hygiene