BILL NUMBER: AB 1546 CHAPTERED
BILL TEXT
CHAPTER 255
FILED WITH SECRETARY OF STATE SEPTEMBER 9, 2016
APPROVED BY GOVERNOR SEPTEMBER 9, 2016
PASSED THE SENATE AUGUST 16, 2016
PASSED THE ASSEMBLY AUGUST 22, 2016
AMENDED IN SENATE JUNE 21, 2016
AMENDED IN SENATE APRIL 14, 2016
AMENDED IN SENATE MARCH 29, 2016
AMENDED IN ASSEMBLY JANUARY 7, 2016
INTRODUCED BY Assembly Member Olsen
(Coauthors: Assembly Members Daly, Cristina Garcia, and Ting)
(Coauthor: Senator Bates)
SEPTEMBER 9, 2015
An act to amend Sections 102230 and 103526.5 of, and to add
Section 103526.6 to, the Health and Safety Code, relating to vital
records, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1546, Olsen. Vital records.
Existing law requires the State Registrar to administer the
registration of births, deaths, fetal deaths, and marriages. Existing
law requires the State Registrar to arrange and permanently preserve
the certificates in a systematic manner and to prepare and maintain
a comprehensive and continuous index of all certificates registered.
Existing law requires that specified birth, death, and marriage
record indices prepared or maintained by local registrars and county
recorders be kept confidential. Existing law requires,
notwithstanding these provisions, local registrars and county
recorders to release, when requested, their comprehensive birth,
death, and nonconfidential marriage record indices to the State
Registrar.
This bill would additionally authorize the local registrar to
release birth and death record indices to the county recorder within
its jurisdiction for purposes of the preparation or maintenance of
the indices of the county recorder. The bill would extend application
of specified access restrictions applicable to confidential portions
of certificates of live birth to confidential birth record indices.
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.
Existing law also requires that each certified copy of a birth,
death, or marriage record contain specified information and be
printed on sensitized security paper with specified security
features, including, among others, intaglio print.
This bill would authorize the State Registrar to suspend the use
of any security feature if necessary to enable the State Registrar,
local registrar, county recorder, or county clerk to supply an
applicant with a certified copy of a birth, death, or marriage
record. The bill would authorize the State Department of Public
Health to implement this provision through all-county letters or
similar instructions, as specified.
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, death, and marriage
certificates while providing needed access to the information
contained in those records by persons seeking it for a legitimate
purpose.
This bill would require the State Registrar, in consultation with
the County Recorders' Association of California and other
stakeholders, to study all security features for paper used to print
a vital record, or alternative security features that are equal to or
better than those that are currently mandated. The bill would
require the State Registrar to submit a report to the Legislature, on
or before January 1, 2018, that contains the findings of that study
and legislative recommendations pertaining to those findings.
This bill would declare that it is to take effect immediately as
an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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. The
comprehensive birth record indices released to the county recorder
shall be subject to the same restrictions applicable to the
confidential portion of a certificate of live birth, as specified in
Section 102430. Local registrars and county recorders, when
requested, shall release their comprehensive birth, death, and
marriage record indices to the State Registrar. Local registrars may
release their comprehensive birth and death record indices to the
county recorder within its jurisdiction for purposes of the
preparation or maintenance of the indices of the county recorder. 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 of the indices 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. 2. 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:
(1) Intaglio print.
(2) Latent image.
(3) Fluorescent, consecutive numbering with matching barcode.
(4) Microprint line.
(5) Prismatic printing.
(6) Watermark.
(7) Void pantograph.
(8) Fluorescent security threads.
(9) Fluorescent fibers.
(10) Any other security features deemed necessary by the State
Registrar.
(c) (1) The State Registrar may suspend the use of any security
feature described in subdivision (b) if necessary to enable the State
Registrar, local registrar, county recorder, or county clerk to
supply an applicant with a certified copy of a birth, death, or
marriage record issued pursuant to Section 103525.
(2) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
the department may implement this subdivision through all-county
letters or similar instructions from the State Registrar without
taking regulatory action.
(d) 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. 3. Section 103526.6 is added to the Health and Safety Code,
to read:
103526.6. (a) The State Registrar, in consultation with the
County Recorders' Association of California and other stakeholders,
shall study all security features for paper used to print a vital
record pursuant to Section 103525, or alternative security features
that are equal to or better than those that are currently mandated.
(b) (1) On or before January 1, 2018, the State Registrar shall
submit to the Legislature a report that contains the findings of the
study conducted pursuant to subdivision (a) and legislative
recommendations pertaining to those findings.
(2) A report submitted to the Legislature pursuant to this
subdivision shall be submitted in compliance with Section 9795 of the
Government Code.
SEC. 4. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order for the State Registrar to allow individuals access to
their vital records and to conduct a study regarding all security
features for paper used to print a vital record, or alternative
security features that are equal to or better than those that are
currently mandated, as soon as possible, and to ensure timely
reporting of the findings of that study to the Legislature, it is
necessary that this act take effect immediately.