BILL NUMBER: SB 1398 INTRODUCED
BILL TEXT
INTRODUCED BY Senators Margett and Hollingsworth
(Coauthors: Assembly Members Benoit, Horton, Huff, Maze, and
Ruskin)
FEBRUARY 21, 2008
An act to amend Section 103526 of the Health and Safety Code,
relating to vital records.
LEGISLATIVE COUNSEL'S DIGEST
SB 1398, as introduced, Margett. Birth and death records:
certified copies: identification.
Existing law requires the State Public Health Officer, 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.
This bill would, in addition, require any person who requests, in
person, a certified copy of a birth or death certificate, to provide
the official with valid identification, as prescribed.
This bill would require that any person who has been the victim of
identity theft who requests, in person, a certified copy of a birth
or death certificate, submit a statement sworn under penalty of
perjury that he or she is an authorized person and provide evidence,
as prescribed, that he or she has been the victim of identify theft.
By increasing the duties of local officials who furnish copies of
birth and death records, 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) (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.
If
(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. If
(3) 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, person. Except as provided in paragraph (4),
the applicant shall also provide the official with a
driver's license or other government issued identification containing
the date of birth and a photograph of the requester, and that
official may then furnish a certified copy to the applicant.
(4) If a request for a certified copy of a birth or death record
is made in person by an individual who has been the victim of
identity theft, 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 also provide
the official with either a police report received pursuant to
subdivision (a) of Section 530.6 of the Penal Code, a copy of a court
order certifying factual innocence as described in subdivision (b)
of Section 530.6 of the Penal Code, or authorization to access the
data base of individuals who have been victims of identity theft as
described in subdivision (c) of Section 530.7 of the Penal Code, and
that official may then furnish a certified copy to the applicant.
(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. 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.