BILL NUMBER: AB 2550	CHAPTERED  09/25/02

	CHAPTER  857
	FILED WITH SECRETARY OF STATE  SEPTEMBER 25, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 25, 2002
	PASSED THE ASSEMBLY  AUGUST 24, 2002
	PASSED THE SENATE  AUGUST 21, 2002
	AMENDED IN SENATE  AUGUST 12, 2002
	AMENDED IN ASSEMBLY  MAY 24, 2002
	AMENDED IN ASSEMBLY  APRIL 30, 2002
	AMENDED IN ASSEMBLY  APRIL 17, 2002

INTRODUCED BY   Assembly Member Nation

                        FEBRUARY 21, 2002

   An act to add Sections 102778 and 103692 to the Health and Safety
Code, relating to death registration.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2550, Nation.  Electronic death registration.
   Existing law requires that each death shall be registered with the
local registrar of births and deaths in the district in which the
death was officially pronounced or the body was found, within 8
calendar days after death and prior to any disposition of the human
remains.
   Existing law provides that the State Department of Health Services
is charged with the uniform and thorough enforcement of those
provisions relating to the registration of certain vital statistics
and provides that the State Director of Health Services is the State
Registrar of Vital Statistics, who shall have supervisory powers over
local registrars.
   Existing law authorizes the State Registrar of Vital Statistics to
incorporate computer or telephone facsimile technology, or both, in
the statewide program of death and fetal death registration.
   This bill would require the State Department of Health Services to
implement an Internet-based electronic death registration system on
or before January 1, 2005.
   Existing law imposes a fee on applicants for the issuance of a
permit for the disposition of human remains to be paid to the local
registrar of births and deaths.  A portion of this fee is paid to the
State Registrar.
   This bill would impose an additional fee for the issuance of the
permit and would require the local registrar of births and deaths to
pay these fees to the State Registrar by a specified date.  The bill
would require the funds derived from these fees, upon appropriation
by the Legislature, to be used by the State Registrar to implement
and maintain the electronic death registration system required by
this bill.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 102778 is added to the Health and Safety Code,
to read:
   102778.  (a) On or before January 1, 2005, the department shall
implement an Internet-based electronic death registration system for
the creation, storage, and transfer of death registration
information.
   (b) The electronic death registration system implemented pursuant
to this section shall protect the proper use of the death
registration information created, stored, and transferred within the
system.
   (c) The electronic death registration system that is implemented
pursuant to this section shall be subject to any limitation placed on
the accessibility and release of personally identifying information
contained in those death records by any other provision of law or
subsequently enacted legislation.
  SEC. 2.  Section 103692 is added to the Health and Safety Code, to
read:
   103692.  (a) (1) Commencing January 1, 2003, in addition to the
fees prescribed by Section 103065 and by Sections 103675 to 103685,
inclusive, an applicant for a permit for the disposition of human
remains shall pay a fee of six dollars ($6) to the local registrar of
births and deaths.
   (2) The fee imposed by paragraph (1) shall remain in effect until
January 1, 2005, and as of that date, shall be reduced to four
dollars ($4).
   (3) The fee established by this subdivision shall be exempt from
any adjustment made pursuant to Section 100430.
   (b) Notwithstanding any other provision of law, the local
registrar of births and deaths shall pay to the State Registrar,
pursuant to Section 103690, the fees collected pursuant to
subdivision (a).
   (c) Funds collected pursuant to subdivision (a), upon
appropriation by the Legislature, shall be used by the State
Registrar to implement and maintain the electronic death registration
system required by Section 102778.
  SEC. 3.  In order to implement this act, the State Department of
Health Services may contract, to the extent permitted by Section
19130 of the Government Code, with public or private entities.  Any
project, contract, or contract amendment to implement this act shall
not be subject to Part 2 (commencing with Section 10100) of Division
2 of the Public Contract Code, Division 3 (commencing with Section
11000) of Title 2 of the Government Code, or any policy, procedure,
or regulation authorized by those provisions.