45-33
Birth and Death Certificates
Cite as N.D. Op. Att'y Gen. 45-33
OPINION
45-33
June 22, 1945 (OPINION)
BIRTH AND DEATH CERTIFICATES
RE: Stillborn Children
I acknowledge your letter of June 19, in which you call my attention
to the amendment of section 23 0216 by the enactment of chapter 197
of the 1945 Session Laws. Under section 23-0216 of the Revised Code
of 1943, both a birth and a death certificate had to be filed for a
stillborn child. After July 1, under the terms of chapter 197 of the
1945 Session Laws, only one certificate will be needed, in accordance
with that statute.
Under the terms of section 23-0211, setting the fees of local
registrars, it is provided that each local registrant shall be
entitled to a sum of twenty-five cents for each birth and each death
certificate properly and completely made out and registered with him
and correctly copied and duly returned by him to the state registrar.
You want to know whether, under the terms of chapter 197 of the 1945
Session Laws, the local registrar is entitled to only a twenty-five
cent fee for a stillbirth certificate provided for under that
statute.
Since, after July 1, only one certificate is required, it is my
opinion that the local registrar is only entitled to the fee of
twenty-five cents for such certificate. Under chapter 197 of the
1945 Session Laws, the two certificates formerly required under the
statute have been combined into one certificate, and when the local
registrar performs his duties with reference to such certificate, as
is provided by section 23-0211 of the revised code of 1943, he is
dealing with only one certificate and, therefore, in my opinion is
entitled to only the fee of twenty-five cents for handling the
certificate.
NELS G. JOHNSON
Attorney General