Bill Text: CA AB130 | 2009-2010 | Regular Session | Chaptered
Bill Title: Vital records: marriage records.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 412, Statutes of 2009. [AB130 Detail]
Download: California-2009-AB130-Chaptered.html
BILL NUMBER: AB 130 CHAPTERED
BILL TEXT
CHAPTER 412
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE AUGUST 31, 2009
PASSED THE ASSEMBLY SEPTEMBER 2, 2009
AMENDED IN SENATE JUNE 30, 2009
AMENDED IN SENATE JUNE 15, 2009
AMENDED IN ASSEMBLY APRIL 27, 2009
AMENDED IN ASSEMBLY MARCH 26, 2009
INTRODUCED BY Assembly Member Jeffries
JANUARY 20, 2009
An act to amend Section 509 of the Family Code, and to amend
Sections 102230, 102231, 103525, 103525.5, 103526, 103526.5, and
103527 of the Health and Safety Code, relating to vital records.
LEGISLATIVE COUNSEL'S DIGEST
AB 130, Jeffries. Vital records: marriage records.
(1) Existing law prescribes specified personal information to be
included on birth, death, and marriage certificates. Under existing
law, a certified copy of a birth or death record may only be supplied
by the State Registrar, local registrar, or county recorder to an
authorized person, as defined, who submits a statement sworn under
penalty of perjury that the applicant is an authorized person. If an
applicant for a birth or death record does not meet the requirements
for an authorized person, the State Registrar, local registrar, or
county recorder may only issue an informational certified copy of a
birth or death record that contains a legend stating "INFORMATIONAL,
NOT A VALID DOCUMENT TO ESTABLISH IDENTITY."
Existing law also requires that each certified copy of a birth or
death record contain specified information and be printed on
sensitized paper with specified features.
Existing law also requires an applicant for a certified copy of a
birth or death record to pay, in addition to other fees applicable to
the receipt of a copy of a birth or death record from the State
Registrar, local registrar, or county recorder a fee of $1, to be
used for the development of safety and security measures to protect
against the fraudulent use of these records and defray the cost to
local officials of any required security measures.
This bill would also make these provisions applicable to a request
for a certified copy of a nonconfidential marriage record, and would
make conforming changes. By changing the definition of the crime of
perjury, and by imposing new duties on local officials, this bill
would create a state-mandated local program.
(2) Existing law permits a county clerk to issue a confidential
marriage license if prescribed conditions are met. Under existing
law, a confidential marriage license is a confidential record and is
not open to public inspection without an order from the court.
Existing law requires a county clerk to maintain confidential
marriage certificates as permanent records that are not open to
public inspection except upon order of the court. Existing law
permits a party to a confidential marriage to obtain a certified copy
of the confidential marriage certificate, as prescribed.
This bill would repeal the existing methods by which a party to a
confidential marriage may obtain a certified copy of his or her
confidential marriage certificate and would instead require that the
above mentioned provisions relating to obtaining certified copies of
birth and death records be applicable to a confidential marriage
record, as specified. This bill would specify that an authorized
person, for purposes of requests for certified copies of confidential
marriage records, includes only a party to the confidential
marriage. This bill would also prohibit the release of an
informational certified copy of a confidential marriage record, as
specified. By changing the definition of the crime of perjury, and by
imposing new duties on local officials, this bill would create a
state-mandated local program.
(3) Existing law requires the State Registrar to appoint a Vital
Records Protection Advisory Committee to study and make
recommendations to protect individual privacy, inhibit identity
theft, and prevent fraud involving birth and death certificates while
providing needed access to the information contained in those
records by persons seeking it for a legitimate purpose.
This bill would add marriage records to the list of vital records
under the committee's consideration for study and recommendations,
and would make other technical and conforming changes.
(4) Existing law requires the State Registrar to maintain
comprehensive indices of registered certificates. Under existing law,
comprehensive birth and death record indices, as prescribed, must be
kept confidential and are exempt from disclosure under the
California Public Records Act. Existing law also requires the State
Registrar to maintain separate noncomprehensive birth and death
record indices for purposes of public release and for law enforcement
and fraud prevention. Existing law also prohibits specified uses of
birth and death record files. Violation of these provisions is a
misdemeanor.
This bill would apply these provisions to both comprehensive and
noncomprehensive nonconfidential marriage indices. The bill would
require that the noncomprehensive nonconfidential marriage record
indices for public release and for law enforcement and fraud
prevention be comprised of the name of each party to the marriage and
the date of marriage. This bill would prohibit the noncomprehensive
nonconfidential marriage record indices for public release from
containing the maiden names of the parties' mothers. By changing the
definition of a crime, and by imposing new duties on local officials,
this bill would create a state-mandated local program.
(5) The California Constitution requires a statute that limits the
people's right of access to the meetings of public bodies and the
writings of public officials and agencies to be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
This bill would declare that in order to protect personal privacy
and reduce the risk of identity theft, it is necessary to enact
provisions that generally restrict access to, and release of,
marriage records.
(6) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to protect
individual privacy, inhibit identity theft, and prevent fraud
involving marriage certificates while providing needed access to
marriage certificate information to those seeking it for legitimate
purposes. It is also the intent of the Legislature to protect
marriage certificates in the same manner as other vital records,
including birth and death records.
SEC. 2. Section 509 of the Family Code is amended to read:
509. (a) A party to a confidential marriage may obtain a
certified copy of the confidential marriage certificate from the
county clerk of the county in which the certificate is filed by
submitting an application that satisfies the requirements of Chapter
14 (commencing with Section 103525) of Part 1 of Division 102 of the
Health and Safety Code.
(b) Copies of a confidential marriage certificate may be issued to
the parties to the marriage upon payment of the fee equivalent to
that charged for copies of a marriage certificate.
SEC. 3. Section 102230 of the Health and Safety Code is amended to
read:
102230. (a) (1) The State Registrar shall arrange and permanently
preserve the certificates in a systematic manner and shall prepare
and maintain comprehensive and continuous indices of all certificates
registered.
(2) The birth, death, and marriage record indices prepared
pursuant to paragraph (1) and all comprehensive birth, death, and
marriage record indices prepared or maintained by local registrars
and county recorders shall be kept confidential and shall be exempt
from disclosure under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code).
(3) Notwithstanding paragraph (2), the State Registrar, at his or
her discretion, may release comprehensive birth, death, and
nonconfidential marriage record indices to a government agency. Local
registrars and county recorders, when requested, shall release their
comprehensive birth, death, and marriage record indices to the State
Registrar. A government agency that obtains indices pursuant to this
paragraph shall not sell or release the index or a portion of its
contents to another person except as necessary for official
government business and shall not post the indices or any portion
thereof on the Internet.
(b) (1) The State Registrar shall prepare and maintain separate
noncomprehensive indices of all California birth, death, and
nonconfidential marriage records for public release.
(2) For purposes of this section, noncomprehensive birth record
indices for public release shall be comprised of first, middle, and
last name, sex, date of birth, and place of birth.
(3) For purposes of this section, noncomprehensive death record
indices for public release shall be comprised of first, middle, and
last name, sex, date of birth, place of birth, place of death, date
of death, and father's last name.
(4) For purposes of this section, noncomprehensive nonconfidential
marriage record indices for public release shall be comprised of the
name of each party to the marriage and the date of marriage.
(5) Requesters of the birth, death, or nonconfidential marriage
record indices prepared pursuant to this subdivision shall provide
proof of identity, complete a form, and sign the form under penalty
of perjury. The form shall include all of the following:
(A) The proposed use of the birth, death, or nonconfidential
marriage record indices.
(B) A disclaimer crediting analyses, interpretations, or
conclusions reached regarding the birth, death, or nonconfidential
marriage record indices to the author and not to the State Department
of Public Health.
(C) Assurance that technical descriptions of the birth, death, or
nonconfidential marriage record indices are consistent with those
provided by the State Department of Public Health.
(D) Assurance that the requester shall not sell, assign, or
otherwise transfer the birth, death, or nonconfidential marriage
record indices.
(E) Assurance that the requester shall not use the birth or death
record indices for fraudulent purposes.
(6) Birth, death, and nonconfidential marriage record indices
obtained pursuant to this subdivision, and any portion thereof, shall
not be used for fraudulent purposes.
(c) (1) The State Registrar shall prepare and maintain separate
noncomprehensive indices of all California birth, death, and
nonconfidential marriage records for purposes of law enforcement or
preventing fraud.
(2) For purposes of this section, noncomprehensive birth record
indices for the purpose of preventing fraud shall be comprised of
first, middle, and last name, sex, date of birth, place of birth, and
mother's maiden name.
(3) For purposes of this section, noncomprehensive death record
indices for the purpose of preventing fraud shall be comprised of
first, middle, and last name, place of death, mother's maiden name,
sex, social security number, date of birth, place of birth, date of
death, and father's last name.
(4) For purposes of this section, noncomprehensive
nonconfidential marriage record indices for the purpose of preventing
fraud shall be comprised of the name of each party to the marriage
and the date of marriage.
(5) The birth, death, and nonconfidential marriage record indices
prepared pursuant to this subdivision shall be made available to
financial institutions, as defined in Section 6827(4)(A) and (B) of
Title 15 of the United States Code, its representatives or
contractors, consumer credit reporting agencies, as defined in
subdivision (d) of Section 1785.3 of the Civil Code, its
representatives or contractors, those entities providing information
services for purposes of law enforcement or preventing fraud,
officers of the court for the sole purpose of verifying a death, and
to persons or entities acting on behalf of law enforcement agencies
or the court, or pursuant to a court order.
(6) The birth, death, and nonconfidential marriage record indices
prepared pursuant to this subdivision may be released to a government
agency.
(7) Requesters of the birth, death, or nonconfidential marriage
record indices prepared pursuant to this subdivision shall provide
proof of identity, complete a form, and sign the form under penalty
of perjury. The form shall include all of the following:
(A) An agreement not to release or allow public access to the
birth, death, or nonconfidential marriage record indices, and an
agreement not to post the indices on the Internet, except as
permitted by this subdivision.
(B) The proposed use of the birth, death, or nonconfidential
marriage record indices.
(C) The names of all persons within the organization, if
applicable, who will have access to the birth, death, or
nonconfidential marriage record indices.
(D) A disclaimer crediting analyses, interpretations, or
conclusions reached regarding the birth, death, or nonconfidential
marriage record indices to the author and not to the State Department
of Public Health.
(E) Assurance that technical descriptions of the birth, death, or
nonconfidential marriage record indices are consistent with those
provided by the State Department of Public Health.
(F) Assurance that the requester shall not sell, assign, or
otherwise transfer the birth, death, or nonconfidential marriage
record indices, except as permitted by this subdivision.
(G) Assurance that the requester shall not use the birth, death,
or nonconfidential marriage record indices for fraudulent purposes.
(8) (A) Birth, death, and nonconfidential marriage record indices,
and any portion thereof, obtained pursuant to this section, shall
not be used for fraudulent purposes and shall not be posted on the
Internet.
(B) Notwithstanding subparagraph (A), individual information
contained in birth, death, and nonconfidential marriage record
indices may be posted on the Internet if all of the following
requirements are met:
(i) The individual information is posted on an Internet Web site
that is protected by a password.
(ii) The individual information is posted on an Internet Web site
that is available to subscribers only for a fee.
(iii) The individual information is not posted for public display.
(iv) The individual information is available to subscribers
pursuant to a contractual agreement.
(v) The individual information is posted for purposes of law
enforcement or preventing fraud.
(d) Mail-in requests from nongovernmental agencies for birth,
death, and nonconfidential marriage record indices requested pursuant
to subdivisions (b) and (c) shall include a notarized statement
attesting to the identity of the requester.
(e) Noncomprehensive birth, death, and nonconfidential marriage
record indices pursuant to subdivisions (b) and (c) shall be updated
annually.
(f) Birth, death, and nonconfidential marriage record indices
provided pursuant to this section shall be made available subject to
cost recovery provisions of the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code).
(g) Noncomprehensive birth, death, and nonconfidential marriage
record indices created by local registrars or county recorders shall
be subject to the conditions for release required by this section.
(h) A person or entity that obtains a birth, death, or
nonconfidential marriage record index, or any portion thereof, from a
requester who has obtained the index in accordance with paragraph
(7) of subdivision (c) shall not sell, assign, or otherwise transfer
that index, or any portion thereof, to a third party.
(i) Paragraphs (2) and (3) of subdivision (a) and subdivisions (b)
to (h), inclusive, shall be implemented only to the extent that
funds for these purposes are appropriated by the Legislature in the
annual Budget Act or other statute.
SEC. 4. Section 102231 of the Health and Safety Code is amended to
read:
102231. (a) Notwithstanding any other law, birth data files,
birth data files for public release, death data files for public
release, death data files for purposes of law enforcement or
preventing fraud, and nonconfidential marriage data files prepared
and maintained by the State Registrar, local registrars, and county
recorders shall only be released as follows:
(1) Birth data files containing personal identifiers shall be
subject to the same restrictions as the confidential portion of a
birth certificate and shall only be released under the terms and
conditions specified in Section 102430.
(2) Birth data files for public release shall not contain the
mothers' maiden name.
(3) Death data files for public release shall not contain the
mothers' maiden name and social security number.
(4) Death data files for purposes of law enforcement or preventing
fraud shall include the mother's maiden name and social security
number. Death data files prepared pursuant to this subdivision may be
released to governmental agencies and to those entities described in
paragraph (5) of subdivision (c) of Section 102230.
(5) Death data files containing personal identifying information
may be released to persons expressing a valid scientific interest, as
determined by the appropriate committee constituted for the
protection of human subjects that is approved by the United States
Department of Health and Human Services and has a general assurance
pursuant to Part 46 (commencing with Section 46.101) of Title 45 of
the Code of Federal Regulations.
(6) Nonconfidential marriage data files shall include the name of
each party to the marriage and the date of the marriage.
Nonconfidential marriage data files for public release shall not
contain the maiden names of the mothers.
(b) Requesters of birth, death, and nonconfidential marriage data
files pursuant to this section shall provide proof of identity,
complete a form, and sign the form under penalty of perjury. The form
shall include all of the following:
(1) An agreement not to release the birth, death, or marriage data
files and not to post the files on the Internet, except as permitted
by this subdivision.
(2) An agreement not to provide public access to data files
obtained pursuant to paragraphs (1) and (4) of subdivision (a).
(3) The proposed use of the data file.
(4) For data files obtained pursuant to paragraphs (1) and (4) of
subdivision (a), the names of all persons within the organization, if
applicable, who will have access to the data files.
(5) A disclaimer that credits analyses, interpretations, or
conclusions reached regarding the birth or death data files to the
author and not to the State Department of Public Health.
(6) Assurance that technical descriptions of the data files are
consistent with those provided by the State Department of Public
Health.
(7) Assurance that the requester shall not sell, assign, or
otherwise transfer the data files, except as permitted by subdivision
(e).
(8) Assurance that the requester shall not use the data files for
fraudulent purposes.
(c) Mail-in requests for birth, death, and nonconfidential
marriage data files pursuant to this section shall include a
notarized statement attesting to the identity of the requester.
(d) Birth, death, and nonconfidential marriage data files provided
pursuant to this section shall be made available subject to cost
recovery provisions of the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code).
(e) (1) Birth, death, and nonconfidential marriage data files, and
any portion thereof, obtained pursuant to this section, shall not be
used for fraudulent purposes and shall not be posted on the
Internet.
(2) Notwithstanding paragraph (1), individual information
contained in death data files obtained pursuant to paragraph (4) of
subdivision (a) may be posted on the Internet if all of the following
requirements are met:
(A) The information is posted on an Internet Web site that is
protected by a password.
(B) The information is posted on an Internet Web site that is
available to subscribers only for a fee.
(C) The information is not posted for public display.
(D) The information is available to subscribers pursuant to a
contractual agreement.
(E) The information is posted for purposes of law enforcement or
preventing fraud.
(f) A person or entity that obtains a birth, death, or
nonconfidential marriage data file, or any portion thereof, from a
requester who has obtained the data file in accordance with
subdivision (b) shall not sell, assign, or otherwise transfer that
data file, or any portion thereof, to a third party.
(g) This section shall be implemented only to the extent that
funds for these purposes are appropriated by the Legislature in the
annual Budget Act or other statute.
SEC. 5. Section 103525 of the Health and Safety Code is amended to
read:
103525. (a) The State Registrar, local registrar, or county
recorder shall, upon request and payment of the required fee, supply
to an applicant a certified copy of the record of a birth, fetal
death, death, marriage, or marriage dissolution registered with the
official.
When the original forms of certificates of live birth furnished by
the State Registrar contain a printed section at the bottom
containing medical and social data or labeled "Confidential
Information for Public Health Use Only," that section shall not be
reproduced in a certified copy of the record except as specifically
authorized in Section 102430.
(b) Notwithstanding subdivision (a) or any other law, the State
Registrar, local registrar, or county recorder shall provide
certified copies of birth, death, and marriage records only as
authorized under Section 103526 or 103526.5.
SEC. 6. Section 103525.5 of the Health and Safety Code is amended
to read:
103525.5. (a) (1) Until January 1, 2006, in addition to the fees
prescribed by Sections 103625 and 103626, an applicant for a
certified copy of a birth or death record shall pay an additional fee
of two dollars ($2). Commencing January 1, 2006, this fee shall be
reduced to one dollar ($1).
(2) Commencing January 1, 2010, in addition to the fees prescribed
by Sections 103625 and 103626, an applicant for a certified copy of
a marriage record shall pay an additional fee of one dollar ($1).
(b) Until January 1, 2006, each local registrar or county recorder
collecting the fee pursuant to this section shall transmit one
dollar and sixty-five cents ($1.65) of the fee to the State Registrar
by the 10th day of the month following the month in which the fee
was received. Commencing January 1, 2006, each local registrar or
county recorder collecting the fee pursuant to this section shall
transmit sixty-five cents ($.65) of the fee to the State Registrar by
the 10th day of the month in which the fee was received. These
funds, and fees collected by the State Registrar pursuant to this
section, shall be used by the State Registrar, upon appropriation by
the Legislature, to develop safety and security measures to protect
against fraudulent use of birth, death, and marriage records,
including, but not limited to, computerizing records, redacting and
removing signatures as required by law, and electronically
distributing redacted records to local registrars and county
recorders for their use in complying with Sections 103526 and
103526.5.
(c) Thirty-five cents ($0.35) of the fee specified in subdivision
(a) shall be retained by the public official charged with the
collection of the fee to defray the costs of the additional security
features required by Sections 103526 and 103526.5.
(d) The entire amount of the fee collected pursuant to subdivision
(a) by the State Registrar shall be retained and used by the State
Registrar, upon appropriation by the Legislature, for the purpose
specified in subdivision (b). The entire amount of the fee collected
by the local registrar or county recorder pursuant to subdivision (c)
shall be retained and used by that official for the purpose
specified in subdivision (c).
SEC. 7. Section 103526 of the Health and Safety Code is amended to
read:
103526. (a) If the State Registrar, local registrar, or county
recorder receives a written or faxed request for a certified copy of
a birth, death, or marriage record pursuant to Section 103525, or a
military service record pursuant to Section 6107 of the Government
Code, that is accompanied by a notarized statement sworn under
penalty of perjury, or a faxed copy of a notarized statement sworn
under penalty of perjury, that the requester is an authorized person,
as defined in this section, that official may furnish a certified
copy to the applicant in accordance with Section 103525 and in
accordance with Section 6107 of the Government Code. If a written
request for a certified copy of a military service record is
submitted to a county recorder by fax, the county recorder may
furnish a certified copy of the military record to the applicant in
accordance with Section 103525. A faxed notary acknowledgment
accompanying a faxed request received pursuant to this subdivision
for a certified copy of a birth, death, or marriage record or a
military service record shall be legible and, if the notary's seal is
not photographically reproducible, show the name of the notary, the
county of the notary's principal place of business, the notary's
telephone number, the notary's registration number, and the notary's
commission expiration date typed or printed in a manner that is
photographically reproducible below, or immediately adjacent to, the
notary's signature in the acknowledgment. If a request for a
certified copy of a birth, death, or marriage record is made in
person, the official shall take a statement sworn under penalty of
perjury that the requester is signing his or her own legal name and
is an authorized person, and that official may then furnish a
certified copy to the applicant.
(b) (1) If the person requesting a certified copy of a birth,
death, or nonconfidential marriage record is not an authorized person
or is an authorized person who is otherwise unable to satisfy the
requirements of subdivision (a), the certified copy provided to the
applicant shall be an informational certified copy and shall display
a legend that states "INFORMATIONAL, NOT A VALID DOCUMENT TO
ESTABLISH IDENTITY." The legend shall be placed on the certificate in
a manner that will not conceal information.
(2) If the person requesting a certified copy of a confidential
marriage record is not an authorized person or is an authorized
person who is otherwise unable to satisfy the requirements of
subdivision (a), the official shall not release a certified copy of
the confidential marriage record unless otherwise authorized by law.
(c) For purposes of this section, an "authorized person" means:
(1) For purposes of requests for certified copies of confidential
marriage records, only a party to the confidential marriage.
(2) For purposes of requests for certified copies of birth, death,
or nonconfidential marriage records, a person who is any of the
following:
(A) The registrant or a parent or legal guardian of the
registrant.
(B) A party entitled to receive the record as a result of a court
order, or an attorney or a licensed adoption agency seeking the birth
record in order to comply with the requirements of Section 3140 or
7603 of the Family Code.
(C) A member of a law enforcement agency or a representative of
another governmental agency, as provided by law, who is conducting
official business.
(D) A child, grandparent, grandchild, sibling, spouse, or domestic
partner of the registrant.
(E) An attorney representing the registrant or the registrant's
estate, or any person or agency empowered by statute or appointed by
a court to act on behalf of the registrant or the registrant's
estate.
(F) An agent or employee of a funeral establishment who acts
within the course and scope of his or her employment and who orders
certified copies of a death certificate on behalf of any individual
specified in paragraphs (1) to (5), inclusive, of subdivision (a) of
Section 7100.
(d) A person who asks the agent or employee of a funeral
establishment to request a death certificate on his or her behalf
warrants the truthfulness of his or her relationship to the decedent,
and is personally liable for all damages occasioned by, or resulting
from, a breach of that warranty.
(e) Notwithstanding any other law:
(1) A member of a law enforcement agency or a representative of a
state or local government agency, as provided by law, who orders a
copy of a record to which subdivision (a) applies in conducting
official business shall not be required to provide the notarized
statement required by subdivision (a).
(2) An agent or employee of a funeral establishment who acts
within the course and scope of his or her employment and who orders
death certificates on behalf of individuals specified in paragraphs
(1) to (5), inclusive, of subdivision (a) of Section 7100 shall not
be required to provide the notarized statement required by
subdivision (a).
(f) Informational certified copies of birth and death certificates
issued pursuant to subdivision (b) shall only be printed from the
single statewide database prepared by the State Registrar and shall
be electronically redacted to remove any signatures for purposes of
compliance with this section. Local registrars and county recorders
shall not issue informational certified copies of birth and death
certificates from a source other than the statewide database prepared
by the State Registrar. This subdivision shall become operative on
July 1, 2007, but only after the statewide database becomes
operational and the full calendar year of the birth and death indices
and images is entered into the statewide database and is available
for the respective year of the birth or death certificate for which
an informational copy is requested. The State Registrar shall provide
written notification to local registrars and county recorders as
soon as a year becomes available for issuance from the statewide
database.
SEC. 8. Section 103526.5 of the Health and Safety Code is amended
to read:
103526.5. (a) Each certified copy of a birth, death, or marriage
record issued pursuant to Section 103525 shall include the date
issued, the name of the issuing officer, the signature of the issuing
officer, whether that is the State Registrar, local registrar,
county recorder, or county clerk, or an authorized facsimile thereof,
and the seal of the issuing office.
(b) All certified copies of birth, death, and marriage records
issued pursuant to Section 103525 shall be printed on chemically
sensitized security paper that measures 81/2 inches by 11 inches and
that has the following features:
(A) Intaglio print.
(B) Latent image.
(C) Fluorescent, consecutive numbering with matching barcode.
(D) Microprint line.
(E) Prismatic printing.
(F) Watermark.
(G) Void pantograph.
(H) Fluorescent security threads.
(I) Fluorescent fibers.
(J) Any other security features deemed necessary by the State
Registrar.
(c) The State Registrar, local registrars, county recorders, and
county clerks shall take precautions to ensure that uniform and
consistent standards are used statewide to safeguard the security
paper described in subdivision (b), including, but not limited to,
the following measures:
(1) Security paper shall be maintained under secure conditions so
as not to be accessible to the public.
(2) A log shall be kept of all visitors allowed in the area where
security paper is stored.
(3) All spoilage shall be accounted for and subsequently destroyed
by shredding on the premises.
SEC. 9. Section 103527 of the Health and Safety Code is amended to
read:
103527. (a) The State Registrar shall appoint a Vital Records
Protection Advisory Committee to study and make recommendations to
protect individual privacy, inhibit identity theft, and prevent fraud
involving birth, death, and marriage certificates while providing
needed access to birth, death, and marriage record information to
those seeking it for legitimate purposes. The committee shall have
the following duties:
(1) Review and make recommendations as to the adequacy of
procedures to safeguard individual privacy and prevent fraud, while
ensuring appropriate access to birth, death, and marriage records.
(2) Make recommendations to the State Registrar as to items that
should be redacted from informational certified copies of birth,
death, and nonconfidential marriage certificates issued pursuant to
Section 103526.
(3) Make recommendations to the State Registrar regarding
fraud prevention measures concerning vital records.
(b) The committee shall include representatives from private and
governmental entities that use vital records as identity or legal
documents, consumers, law enforcement officials, genealogists, and
organizations that research vital records for legal or social
purposes. The State Registrar shall make every effort to ensure that
committee membership also represents the community at large.
(c) (1) Except as provided in paragraph (2), membership on the
committee shall be for a term of three years.
(2) Appointments shall be made on a staggered basis to allow for a
change of one-third of the membership on an annual basis. One-third
of the initial committee membership shall be appointed to one-year
terms, and one-third of the initial committee membership shall be
appointed to two-year terms.
SEC. 10. The Legislature finds and declares that Sections 2, 3,
and 6 of this act impose a limitation on the public's right of access
to the writings of public officials within the meaning of Section 3
of Article 1 of the California Constitution. Pursuant to that
constitutional provision, the Legislature makes the following
findings to demonstrate the interest protected by this limitation and
the need for protecting that interest:
In order to protect personal privacy and reduce the risk of
identity theft when marriage records maintained by county recorders
contain personal identifying information, including, but not limited
to, an individual's date of birth and mother's maiden name, it is
necessary to enact legislation that generally restricts access to,
and release of, marriage records.
SEC. 11. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
