Bill Text: CA AB659 | 2011-2012 | Regular Session | Introduced
Bill Title: Vital records: certified copies.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB659 Detail]
Download: California-2011-AB659-Introduced.html
BILL NUMBER: AB 659 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Silva
FEBRUARY 16, 2011
An act to amend Section 103526 of the Health and Safety Code,
relating to vital records.
LEGISLATIVE COUNSEL'S DIGEST
AB 659, as introduced, Silva. Vital records: certified copies.
Existing law prescribes specified personal information to be
included on birth, death, and marriage certificates. Under existing
law, a certified copy of a birth, death, marriage, or military
service 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. Under existing law, an "authorized
person" for these purposes includes a child, grandparent,
grandchild, sibling, spouse, or domestic partner of the registrant.
Under existing law, every local registrar, deputy registrar, or
subregistrar who fails, neglects, or refuses to perform his or her
duty as required by law and by the instructions and directions of the
State Registrar is guilty of a misdemeanor.
This bill would require, if a request for a certified copy of a
birth, death, or marriage record is made in person, that the
requester produce government-issued photo identification, in addition
to the existing requirement of a statement sworn under penalty of
perjury. The bill also would specify that a child, grandparent,
grandchild, sibling, spouse, or domestic partner of a registrant, who
requests a certified copy of a registrant's birth, death, or
marriage record, must be an adult or emancipated minor in order to
satisfy the definition of an authorized person for that purpose.
By imposing new duties on local officials, and by changing the
definition of a crime, this bill would create a state-mandated local
program.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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 requester shall produce government-issued photo
identification and 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 who is an emancipated minor or an
adult .
(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. 2. 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.
