BILL NUMBER: SB 471 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 10, 2007
AMENDED IN SENATE MARCH 26, 2007
INTRODUCED BY Senator Margett
FEBRUARY 21, 2007
An act to amend Section 103526 of the Health and Safety Code,
relating to vital records.
LEGISLATIVE COUNSEL'S DIGEST
SB 471, as amended, Margett. Birth and death records: certified
copies: identification.
Existing law requires the Director of Health Services, as the
State Registrar of Vital Statistics, to administer the registration
of births, deaths, fetal deaths, and marriages. Existing law provides
that the State Registrar, local registrar, or county recorder may
provide a certified copy of a birth or death record to an authorized
person, as defined, who submits a statement sworn under penalty of
perjury that the requester is an authorized person. Effective July 1,
2007, responsibility for the administration of the above-mentioned
provisions will be transferred to the State Public Health Officer.
This bill would, in addition, require any person who requests, in
person, a certified copy of a birth or death record to provide the
official with valid identification , as provided, unless that
person is a parent or legal guardian and is requesting a
certified copy of his or her child's birth or death record in which
case, the person need only provide a sworn statement under penalty of
perjury that he or she is an authorized person . It
The bill would also establish requirements for a
person who has been a victim of identity theft to obtain a birth or
death record.
By increasing the duties of local officials who furnish copies of
birth and death records, 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
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) (1) If the State Registrar, local registrar, or
county recorder receives a written or faxed request for a certified
copy of a birth or death 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.
(2) 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 or death 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.
(3) (A) If a request for a certified copy of a birth or death
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, the applicant shall
provide and the official with
shall obtain from the applicant valid
identification, including, but not limited to, a driver's license,
identification card, or passport, and
passport, or other documentation or method determined by the official
to be sufficient to confirm the requester's identity, in which case
that official may then furnish a certified copy to the
applicant.
(B) Notwithstanding subparagraph (A), if a person who is a victim
of identity theft requests, in person, a certified copy of a birth or
death record, the official shall furnish a certified copy to the
applicant, provided that both of the following are met:
(i) The official takes a statement sworn under penalty of perjury
that the requester is signing his or her own legal name and is an
authorized person.
(ii) The requester provides the official with any of the
following:
(I) A police report received pursuant to subdivision (a) of
Section 530.6 of the Penal Code.
(II) A copy of a court order certifying factual innocence, as
described in subdivision (b) of Section 530.6 of the Penal Code.
(III) Authorization to access the database of individuals who have
been victims of identify theft, as described in subdivision (c) of
Section 530.7 of the Penal Code.
(C) Notwithstanding subparagraph (A), a parent or legal guardian
shall not be required to provide an official with valid
identification to receive a certified copy of his or her child's
birth or death records pursuant to this paragraph. The official shall
furnish a certified copy of a child's birth or death records to the
parent or legal guardian if the official takes a sworn statement
under penalty of perjury that the parent or guardian is signing his
or her own legal name and is an authorized person.
(b) In all other circumstances, 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.
(c) For purposes of this section, an "authorized person" is any of
the following:
(1) The registrant or a parent or legal guardian of the
registrant.
(2) 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.
(3) A member of a law enforcement agency or a representative of
another governmental agency, as provided by law, who is conducting
official business.
(4) A child, grandparent, grandchild, sibling, spouse, or domestic
partner of the registrant.
(5) 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.
(6) Any 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) Any 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 provision of law:
(1) Any 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 may 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 any 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. If the Commission on State Mandates determines that this
act contains 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.