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									SENATE BILL 07-316
BY SENATOR(S) Bakes-Martin, Autobee, Nicholson and Gaipa.

CONCERNING THE CREATION OF A COLORADO “HEIRLOOM BIRTH AND
MARRIAGE” CERTIFICATE

Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Article 2 of Chapter 25, Colorado Revised Statutes,
amended BY THE ADDITION OF A NEW SECTION to read:

25-2-122. Heirloom Birth and Marriage Certificates (1) THE
DEPARTMENT MAY PROMOTE AND SELL HEIRLOOM BIRTH AND MARRIAGE
CERTIFICATES.
(2) IN ADDITION TO ANY OTHER BIRTH CERTIFICATE ISSUED PURSUANT TO THIS
CHAPTER, THE STATE REGISTRAR SHALL ISSUE, UPON REQUEST AND A FEE
ESTABLISHED BY RULE, AN HEIRLOOM BIRTH CERTIFICATE REPRESENTING THE
BIRTH OF THE INDIVIDUAL NAMED ON THE ORIGINAL RECORD OR CERTIFICATE.
THE STATE REGISTRAR MAY ESTABLISH PROCEDURES FOR THE
ADMINISTRATION OF AN HEIRLOOM BIRTH CERTIFICATE.
(3) THE HEIRLOOM BIRTH CERTIFICATE ISSUED SHALL BE IN A FORM
CONSISTENT WITH THE NEED TO PROTECT THE INTEGRITY OF VITAL RECORDS,
INCLUDING SECURE MEASURES “DESIGNED TO PREVENT TAMPERING,
COUNTERFEITING OR OTHERWISE DUPLICATING THE BIRTH CERTIFICATE FOR
FRAUDULENT PURPOSES”, AS PER THE FEDERAL INTELLIGENCE REFORM AND
TERRORISM PREVENTION ACT OF 2004. THE CERTIFICATE SHALL BE SUITABLE
FOR DISPLAY. SUCH CERTIFICATE MAY BEAR THE SEAL OF THE STATE AND MAY
BE SIGNED BY THE GOVERNOR.
(4) THE HEIRLOOM BIRTH CERTIFICATE SHALL HAVE THE SAME STATUS AS
EVIDENCE AS AN ORIGINAL BIRTH CERTIFICATE.
(5) THE FEE COLLECTED PURSUANT TO THIS SECTION SHALL BE USED TO PAY
THE ACTUAL COST OF PRODUCING THE BIRTH CERTIFICATE PLUS GENERATE AT
LEAST $10 IN REVENUE PER CERTIFICATE. THE REMAINDER OF THE REVENUE
GENERATED SHALL BE DEPOSITED IN THE ‘HEIRLOOM BIRTH CERTIFICATE
FUND”, WHICH WILL GOVERNED BY THE COLORADO FOUNDATION FOR PUBLIC
HEALTH AND THE ENVIRONMENT. THE FOUNDATION IS A 501 (c) (3)
CORPORATION DESIGNED TO ENHANCE THE HEALTH AND SAFETY OF THE
PEOPLE OF COLORADO AND WORKS CLOSELY WITH THE COLORADO
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT TO FURTHER THEIR
MISSION IN THE STATE. THE FUNDS GENERATED WILL BE USED TO SUPPORT THE
COST OF OR ADMINISTRATION FOR IMMUNIZATIONS FOR CHILDREN IN THE
STATE OF COLORADO.
(6) IN ADDITION TO ANY OTHER MARRIAGE CERTIFICATE ISSUED PURSUANT TO
THIS CHAPTER, THE STATE REGISTRAR SHALL ISSUE, UPON REQUEST AND A FEE
ESTABLISHED BY RULE, AN HEIRLOOM MARRIAGE CERTIFICATE REPRESENTING
THE MARRIAGE OF THE PERSONS NAMED ON THE MARRIAGE LICENSE
RECORDED IN THE COUNTY CLERKS OFFICE. THE STATE REGISTRAR MAY
ESTABLISH PROCEDURES FOR THE ADMINISTRATION OF AN HEIRLOOM
MARRIAGE CERTIFICATE.
(7) THE HEIRLOOM MARRIAGE CERTIFICATE ISSUED SHALL BE IN A FORM
CONSISTENT WITH THE NEED TO PROTECT THE INTEGRITY OF VITAL RECORDS.
THE CERTIFICATE SHALL BE SUITABLE FOR DISPLAY. SUCH CERTIFICATE MAY
BEAR THE SEAL OF THE STATE AND MAY BE SIGNED BY THE GOVERNOR.
(8) THE HEIRLOOM MARRIAGE CERTIFICATE SHALL HAVE THE SAME STATUS AS
EVIDENCE AS AN ORIGINAL MARRIAGE LICENSE.
(9) THE FEE COLLECTED PURSUANT TO THIS SECTION SHALL BE USED TO PAY
THE ACTUAL COST OF PRODUCING THE HEIRLOOM MARRIAGE CERTIFICATE
PLUS GENERATE AT LEAST $10 IN REVENUE PER CERTIFICATE. THE REMAINDER
OF THE REVENUE GENERATED SHALL BE DEPOSITED IN THE ‘HEIRLOOM
MARRIAGE CERTIFICATE FUND”, WHICH WILL GOVERNED BY THE COLORADO
FOUNDATION FOR PUBLIC HEALTH AND THE ENVIRONMENT. THE FOUNDATION
IS A 501 (c) (3) CORPORATION DESIGNED TO ENHANCE THE HEALTH AND SAFETY
OF THE PEOPLE OF COLORADO AND WORKS CLOSELY WITH THE COLORADO
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT TO FURTHER THEIR
MISSION IN THE STATE. THE FUNDS GENERATED WILL BE USED TO FURTHER THE
CAUSE AGAINST DOMESTIC VIOLENCE.
(10) THE COLORADO FOUNDATION FOR PUBLIC HEALTH AND THE ENVIRONMENT
SHALL ISSUE AN ANNUAL REPORT TO THE JOINT BUDGET COMMITTEE OF THE
GENERAL ASSEMBLY DETAILING ITS EXPENDITURE OF HEIRLOOM BIRTH AND
HEIRLOOM MARRIAGE CERTIFICATE FUNDS COLLECTED PURSUANT TO THIS
SECTION.

SECTION 2. Effective date. This act shall take effect July 1, 2007.
                                                                SB07-316
                                  STATE
                              FISCAL IMPACT
Drafting Number:                                      Date: June 11, 2005
Prime Sponsor(s): Sen. Bakes-Martin                Bill Status:
                                           Fiscal Analyst:



TITLE: CONCERNING THE CREATION OF A “COLORADO HEIRLOOM BIRTH AND
MARRIAGE” CERTIFICATE

 Fiscal Impact Summary             FY 2006/2007                  FY 2007/2008
State Revenues
General Fund                  $0                          $0
Cash Fund- Public Health      $115,500                    $231,000
Foundation (Birth
Certificates)                 $74,250                     $148,500
Cash Fund- Public Health
Foundation (Marriage Cert.)

State Expenditures
General Fund                  $4,000                      $0
Cash Fund- Public Health      $42,000                     $84,000
Foundation (Birth)
Cash Fund- Public Health      $27,000                     $54,000
Foundation (Marriage)

FTE Position Change


Other State Impact: None
Effective Date:
Appropriations Summary for FY 2006/2007: $4,000
Local Government Impact None

Summary of Legislation

       This is to amend Section 1, Article 2 of Chapter 25, Colorado Revised
Statues by the addition of a new section. This bill would require the State
Registrar to issue heirloom birth certificates, upon request for an additional fee to
be determined by rule. This fiscal note is based on the setting of that fee at $45
which is comparable to heirloom birth certificates in other states. The certificate
would contain all vital information, would be suitable for display, may bear the
seal of the state, and may be signed by the Governor. The $45 collected would
be used to pay for the cost of the certificate. Any moneys remaining in excess of
the cost


Page 2 SB07-316
June 11, 2005

would be deposited in the Heirloom Birth Certificates Fund created by the
proposal. The excess funds would be distributed by the Colorado Foundation for
Public Health and Environment to support the cost of or administration for
immunizations for the children in the state of Colorado.

       The bill would also require the State Registrar to issue heirloom marriage
licenses, upon request for an additional fee to be determined by rule. This fiscal
note is based on the setting of that fee at $45 which is comparable to heirloom
marriage certificates in other states. The marriage license suitable for display
would contain the names of the persons on the marriage license that is recorded
in the County Clerks Office, would be suitable for display, may bear the seal of
the state, and may be signed by the Governor. The $45 collected would be used
to pay for the cost of the license. Any moneys remaining in excess of the cost
would be deposited in the Heirloom Marriage License Fund created by the
proposal. The excess funds would be distributed by the Colorado Foundation for
Public Health and Environment to further the cause against domestic violence.
The heirloom birth certificates and marriage licenses will have the same status as
evidence as the original documents.

State Revenues

        The Colorado Foundation for Public Health and Environment Heirloom
Birth Certificate Fund and Marriage License fund is funded by the fees from the
heirloom birth certificates and marriage licenses. The $45 fee includes $12 for
the cost of producing each certificate or license and $33 that would be
transferred into the appropriate fund managed by the Colorado Foundation for
Public Health and Environment. There are an estimated 70,000 births per year
and 45,000 marriages per year in Colorado. Using these numbers it is estimated
that in the first year heirloom birth certificates and marriage licenses are
available, 5% of the respective populations would purchase heirloom birth
certificates and marriage licenses. The cost of the heirloom birth certificate is
calculated as such; 5% of 70,000 births is 3500, multiplied by the cost of the birth
certificate of $12 is equal to $42,000. The revenue from the heirloom birth
certificate is calculated as such; $33 multiplied by 3500 is equal to $115,500.
The same method is used to calculate heirloom marriage certificates in FY
2006/2007. The same method is used for FY 2007/2008 using 10% of the
population instead of 5% as we estimate there will be more interest in this
program after the first year.
Page 3 SB07-316
June 11, 2005

State Expenditures

       In FY 2006-07, the bill is expected to create a one-time expenditure of
$4,000 for the set up of the birth certificate and marriage license. This
expenditure would come out
of the FY2006-07 general fund. Ongoing expenditures include the $12 cost of
producing each certificate and license and this expenditure is included in the $45
fee.


State Appropriations
       In FY 2006-2007 the State Registrar will require a cash fund appropriation
of $4,000 from the general fund.


Departments Contacted
Colorado Department of Public Health and Environment
Colorado State Registrar
Colorado Foundation for Public Health and Environment

								
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