BILL NUMBER: AB 52 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 2, 2009
AMENDED IN ASSEMBLY APRIL 1, 2009
AMENDED IN ASSEMBLY MARCH 5, 2009
INTRODUCED BY Assembly Member Portantino
(Coauthors: Assembly Members Block, Blumenfield, Buchanan, and
Price)
(Coauthors: Senators DeSaulnier, Leno, and Maldonado)
DECEMBER 2, 2008
An act to amend Sections 1627, 1628, and 1630 of,
1627 and 1628 of, and to amend, repeal, and add
Sections 102247, 103605, and 103625 of, and to add Sections
1627.5 and 1627.7 to, the Health and Safety Code, relating
to umbilical cord blood banking, and declaring the urgency thereof,
to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 52, as amended, Portantino. Umbilical Cord Blood Collection
Program.
Existing law requires the State Department of Public Health to
establish, by January 1, 2010, and until January 1, 2015, the
Umbilical Cord Blood Collection Program for the purpose of increasing
the amount of umbilical cord blood that is donated in the state and
that will be added to the national inventory. Existing law authorizes
the department, to the extent private or public funds are identified
for this purpose, to contract with blood banks that are licensed or
accredited to provide umbilical cord blood banking storage services,
for the purpose of collecting and storing umbilical cord blood.
This bill would, instead, require the department to establish the
Umbilical Cord Blood Collection Program from January 1, 2011, until
January 1, 2020 2015 , for the purpose
of collecting and storing umbilical cord blood for public use, as
defined, for human transplantation and human research. The bill would
require the department to contract with up to 5 entities, including
blood banks that are licensed or accredited to provide umbilical cord
blood banking storage services, to collect, and make available for
transplant or medical research, umbilical cord blood.
The bill would also establish an implementing committee composed
of specified members to develop policy recommendations for purposes
of implementing the program.
The bill would require the department, in consultation with the
implementing committee, to submit to the Governor and specified
committees of the Legislature, 2 reports on the effectiveness of the
program by January 1, 2013, and January 1, 2018, respectively, and
would require the program to conclude no later than December 31,
2019.
Existing law provides that any funds made available for purposes
of the program shall be deposited into the Umbilical Cord Blood
Collection Program Fund. Existing law provides that moneys in the
fund shall be available, upon appropriation by the Legislature, for
purposes of the program. Existing law provides that the fund shall
include any federal, state, and private funds made available for
purposes of the program.
Existing law requires the collection of a $7 fee for certified
copies of birth certificates.
This bill would, instead, until January 1, 2020
2015 , require the collection of a $9
an $8 fee for certified copies of birth certificates and
require that $2 $1 of any $9
$8 fee be paid to the Umbilical Cord Blood
Collection Program Fund. The bill would make other conforming
changes.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares
all of the following:
(a) The umbilical cord and placenta are discarded as medical waste
in a large majority of American births. However, the blood retrieved
from the umbilical cord is rich in stem cells known as hematopoietic
progenitor cells (HPCs) and can be used today to treat nine
disorders and diseases. Clinical trials, which are currently at
various stages, may reveal that umbilical cord blood could be used to
treat many other disorders and diseases. These disorders and
diseases include: (1) blood cancers such as leukemia, myeloma, and
lymphoma; (2) immunodeficiencies and genetic diseases, including
sickle cell anemia, thalassemia, and inherited marrow failure
disorders; and (3) inherited disorders or errors of metabolism.
(b) Umbilical cord blood has been used in about 8,000 transplants
since 1988 and has many benefits over bone marrow. The donation
procedure, conducted after birth, is painless, quick, and risk free
for the mother and newborn baby.
(c) The National Marrow Donor Program has the largest registry in
the United States that can be searched for a marrow or umbilical cord
blood match when stem cell transplants are needed. In order to find
the best tissue match for optimal transplant outcome, genetic
diversity is needed since a patient's most likely match is someone of
the same heritage. According to the National Marrow Donor Program,
over 10,000 children and adults in the United States would benefit
from a transplant from someone unrelated to them, but only 25 percent
actually receive one. This is, in part, due to the lack of
acceptable stem cell sources.
(d) Finding a marrow or blood donor match is challenging for
people of all races. Only 30 percent of patients in need of a marrow
or an umbilical cord blood transplant find a matched donor in their
family. The other 70 percent search registries for an unrelated donor
or umbilical cord blood units. Finding a match is particularly
difficult for people of color, including people of multiracial
ancestry, because they are underrepresented in the national
inventory. Many of these patients die while waiting for a transplant.
(e) Because most national health and medical organizations do not
recommend private umbilical cord blood banking unless there are known
health reasons, it is not the intent of the Legislature to collect
umbilical cord blood for private use.
(f) The Institute of Medicine of the National Academies' report
"Cord Blood: Establishing a National Hematopoietic Stem Cell Bank
Program" (2005) calls for an increase in the volume and genetic
diversity of umbilical cord blood public bank inventory. This report
was the basis for establishing the national Stem Cell Therapeutic and
Research Act of 2005 which provides for the collection and
maintenance of human umbilical cord blood stem cells for the
treatment of patients and research. This act dedicated funds for this
purpose.
(g) California has been a leader in umbilical cord blood
transplant research through a number of previous projects including a
sibling donor pilot project, through participation in the national
study, and through its current involvement in the national cord blood
program.
(h) The national cord blood program has a goal of collecting
150,000 genetically diverse units in order to increase the best
chances of tissue matches. Due to a low supply of ethnically diverse
umbilical cord blood the program has specified target collection
goals for specific ethnicities, including, but not limited to, Native
American, Latino, African American, and Asian populations, and
persons of multiracial ethnicities.
(i) California is uniquely situated to add volumes of genetically
diverse, high-quality umbilical cord blood units for public banking
because of its high birth rate of more than 550,000 births per year
and ethnically diverse population. This contribution will not only
serve the health needs of California constituents, but can contribute
to the national and international umbilical cord blood inventory
efforts.
(j) An increase in stem cell transplants is also cost effective.
It will save the state, insurers, donors, and patients significant
moneys now being spent on lifetime medical treatments and relieve
ongoing pain and anguish of affected patients and their families.
SEC. 2. SECTION 1. Section 1627 of
the Health and Safety Code is amended to read:
1627. (a) (1) On or before January 1, 2011, the State Department
of Public Health shall establish the Umbilical Cord Blood Collection
Program (hereafter program) for the purpose of collecting and storing
umbilical cord blood for public use for human transplantation and
human research. The program shall conclude no later than December 31,
2019 2014 .
(2) For purposes of this article, "public use" means both of the
following:
(A) The collection of an inventory of genetically diverse
umbilical cord blood, for placement in the National Cord Blood
Inventory, to increase the likelihood of a patient obtaining a
suitable donor match.
(B) The use of research protocols approved by the Committee for
the Protection of Human Subjects or an institutional review board, as
defined in subdivision (e) of Section 125330, to further the
understanding of the use of umbilical cord blood as tissue to treat
human diseases.
(b) In implementing this program, the department shall consider
the policy recommendations of the implementing committee established
pursuant to Section 1627.5.
(c)
(b) (1) In order to implement the program, the
department shall contract with up to five entities, including
entities that are licensed or accredited to provide umbilical cord
blood collection and data processing services, and entities that
provide umbilical cord blood banking storage services that are
licensed or accredited pursuant to Section 1604.6, to build an
inventory of anonymous umbilical cord blood units and make the
inventory available for transplant or medical research for purposes
consistent with the public use, as defined in paragraph (2) of
subdivision (a). The department shall ensure that any cord blood bank
receiving funds through the program also meets the federal
requirements outlined in the C.W. Bill Young Cell Transplantation
Program (42 U.S.C. Sec. 274k et seq.) so that all umbilical cord
blood units collected can be listed through the National Cord Blood
Inventory. A medical provider or research facility shall comply with,
and shall be subject to existing penalties for violations of, all
state and federal laws with respect to the protection of any medical
information, as defined in subdivision (g) of Section 56.05 of the
Civil Code, and any personally identifiable information contained in
the umbilical cord blood inventory.
(2) In selecting qualified entities under this subdivision, the
following shall apply:
(A) The department may use a competitive process to identify
qualified entities to administer the program.
(B) In order to qualify for selection under this section, an
entity shall have experience in blood collection, labeling, storage,
transportation, or distribution. The department shall select entities
with demonstrated ability to retrieve umbilical cord blood from
ethnically diverse communities.
(d) The department, in conjunction with the implementing committee
established pursuant to Section 1627.5, shall ensure that the
program attempts to meet at least all of the following objectives:
(1) Define and identify qualified umbilical cord blood collection
entities.
(2) Design a competitive process to identify qualified
participants licensed or accredited to harvest umbilical cord blood
in a manner that complies with state and federal regulations.
(3) Establish criteria for determining which units of umbilical
cord blood may be used for research versus transplantation, and
establish policy addressing circumstances under which umbilical cord
blood may be used for either purpose.
(4) Create collection targets for ethnically diverse populations
in accordance with identified deficiencies in inventories.
(5) Consider a medical contingency response program to prepare
for, and respond effectively to, biological, chemical, or
radiological attacks, and other public health emergencies requiring
treatment with umbilical cord blood.
(6) Develop a public awareness campaign that includes, but is not
limited to, activities described in Section 123370.
(7) Increase hospital participation in collection and storage
efforts, and identify funding sources to offset the financial impact
on hospitals.
(8) Determine whether the program will require training of health
care providers relative to handling, labeling, transporting, and
storing umbilical cord blood.
(9) Determine policy on obtaining patient consent and timing of
consent in relation to existing law and standards of care.
(10) Determine whether current law and guidelines applicable to
donor confidentiality and security of donor information are
sufficient and, if they are insufficient, what additional
requirements or guidelines are necessary.
(11) Determine whether a sibling donor component would help
achieve the overall inventory goals of the program.
(12) Explore feasibility of operating the Umbilical Cord Blood
Collection Program as a self-funding program.
(13) Ensure that California's Umbilical Cord Blood Collection
Program does not conflict with other state, national, and
international efforts to generate an adequate inventory of
high-quality umbilical cord blood.
(e)
(c) In implementing the program, the department shall
make every effort to avoid duplication or conflicts with existing and
ongoing programs and to leverage existing resources. The department
shall use its existing authority to promote the collection, storage,
retrieval, and distribution of umbilical cord blood and advise the
Legislature of its needs to accomplish these goals.
(f)
(d) (1) All information collected pursuant to the
program shall be confidential, and shall be used solely for the
purposes of the program. Access to confidential information shall be
limited to authorized persons who agree, in writing, to maintain the
confidentiality of that information.
(2) Any person who, in violation of a written agreement to
maintain confidentiality, discloses any information provided pursuant
to this section, or who uses information provided pursuant to this
section in a manner other than as approved pursuant to this section,
may be denied further access to any confidential information
maintained by the department, and shall be subject to a civil penalty
not exceeding one thousand dollars ($1,000). The penalty provided
for in this section shall not be construed to limit or otherwise
restrict any remedy, provisional or otherwise, provided by law for
the benefit of the department or any other person covered by this
section.
(3) Notwithstanding the restrictions of this section, an
individual to whom the confidential information pertains shall have
access to his or her own personal information.
SEC. 3. Section 1627.5 is added to the Health
and Safety Code, to read:
1627.5. (a) There shall be established, within the State
Department of Public Health, an implementing committee to provide
guidance and policy suggestions to the department on the
implementation of the Umbilical Cord Blood Collection Program
established pursuant to Section 1627.
(b) (1) The implementing committee shall be composed of 15
members. The committee shall include representatives with expertise
and experience in all aspects of umbilical cord collection and
storage. On or before March 1, 2011, the Governor, the Senate
Committee on Rules, and the Speaker of the Assembly shall each
appoint five members of the implementing committee.
(2) The implementing committee shall include all of the following:
(A) Two representatives of blood banks licensed or accredited to
provide umbilical cord blood services.
(B) A representative of a stem cell transplant center that uses
umbilical cord blood.
(C) Two representatives from hospitals providing labor and
delivery services, including one representative from a large hospital
system and one representative from an independent hospital. At least
one representative shall represent a hospital currently
participating in umbilical cord blood collections.
(D) Three physicians of different practice types or geographical
regions. One physician shall have expertise in umbilical cord blood
transplantation, one physician shall have expertise in obstetrics or
gynecology, and one shall have expertise in oncology, hematology, or
a pediatric specialty that treats children with anemia, immune
disorders, or cancers that may be treated with stem cell
transplantation.
(E) A patient or relative of a patient who has received
transplants using umbilical cord blood.
(F) A previous donor of umbilical cord blood or a person who has
searched or has been involved in searching for an unrelated donor of
umbilical cord blood.
(G) A person with expertise in typing, matching, and transplant
outcome data analysis.
(H) A scientist with expertise in stem cell biology.
(I) Two representatives of organizations focusing on medical
conditions that involve umbilical cord blood treatments or ethnic or
racial health disparities.
(J) A health plan medical director.
(c) Implementing committee members shall serve without
compensation, except that members shall be reimbursed for authorized
travel costs and expenses.
(d) For purposes of implementing the program established pursuant
to Section 1627, the implementing committee, by January 1, 2012,
shall make initial policy recommendations to the Legislature, the
Assembly and Senate Health Committees, the Assembly and Senate
Judiciary Committees, the Governor, and the department on meeting the
objectives contained in subdivision (d) of Section 1627.
SEC. 4. Section 1627.7 is added to the Health
and Safety Code, to read:
1627.7. The department, in consultation with the implementing
committee established pursuant to Section 1627.5, shall submit two
reports to the Assembly and Senate Health Committees, the Assembly
and Senate Judiciary Committees, and the Governor on the
effectiveness of the program. The first report shall be submitted no
later than January 1, 2013, and the second report no later than
January 1, 2018.
SEC. 5. SEC. 2. Section 1628 of the
Health and Safety Code is amended to read:
1628. (a) The department may accept public and private funds for
the purpose of implementing this article.
(b) Any funds made available for purposes of this article,
including fees collected pursuant to Section 103625, shall be
deposited into the Umbilical Cord Blood Collection Program Fund,
which is hereby created in the State Treasury. Moneys in the fund
shall be available, upon appropriation by the Legislature, for
purposes of this article.
(c) The fund shall include any federal, state, and private funds
made available for purposes of the program, including, but not
limited to, the fees collected for the fund pursuant to Section
103625, and, notwithstanding Section 16305.7 of the Government Code,
any interest earned on moneys in the fund.
SEC. 6. Section 1630 of the Health and Safety
Code is amended to read:
1630. This article shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 7. SEC. 3. Section 102247 of
the Health and Safety Code is amended to read:
102247. (a) There is hereby created in the State Treasury the
Health Statistics Special Fund. The fund shall consist of revenues,
including, but not limited to, all of the following:
(1) Fees or charges remitted to the State Registrar for record
search or issuance of certificates, permits, registrations, or other
documents pursuant to Chapter 3 (commencing with Section 26801) of
Part 3 of Division 2 of Title 3 of the Government Code, and Chapter 4
(commencing with Section 102525), Chapter 5 (commencing with Section
102625), Chapter 8 (commencing with Section 103050), and Chapter 15
(commencing with Section 103600) of Part 1 of Division 102.
(2) Funds remitted to the State Registrar by the federal Social
Security Administration for participation in the enumeration at birth
program.
(3) Funds remitted to the State Registrar by the National Center
for Health Statistics pursuant to the federal Vital Statistics
Cooperative Program.
(4) Any other funds collected by the State Registrar, except
Children's Trust Fund fees collected pursuant to Section 18966 of the
Welfare and Institutions Code, Umbilical Cord Blood Collection
Program Fund fees collected pursuant to Section 1628, fees allocated
to the Judicial Council pursuant to Section 1852 of the Family Code,
and fees collected pursuant to Section 103645, all of which shall be
deposited into the General Fund.
(b) Moneys in the Health Statistics Special Fund shall be expended
by the State Registrar for the purpose of funding its existing
programs and programs that may become necessary to carry out its
mission, upon appropriation by the Legislature.
(c) Health Statistics Special Fund moneys shall be expended only
for the purposes set forth in this section and Section 102249, and
shall not be expended for any other purpose or for any other state
program.
(d) It is the intent of the Legislature that the Health Statistics
Special Fund provide for the following:
(1) Registration and preservation of vital event records and
dissemination of vital event information to the public.
(2) Data analysis of vital statistics for population projections,
health trends and patterns, epidemiologic research, and development
of information to support new health policies.
(3) Development of uniform health data systems that are
integrated, accessible, and useful in the collection of information
on health status.
(e) This section shall remain in effect only until January 1,
2020 2015 , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2020 2015 , deletes or
extends that date.
SEC. 8. SEC. 4. Section 102247 is
added to the Health and Safety Code, to read:
102247. (a) There is hereby created in the State Treasury the
Health Statistics Special Fund. The fund shall consist of revenues,
including, but not limited to, all of the following:
(1) Fees or charges remitted to the State Registrar for record
search or issuance of certificates, permits, registrations, or other
documents pursuant to Chapter 3 (commencing with Section 26801) of
Part 3 of Division 2 of Title 3 of the Government Code, and Chapter 4
(commencing with Section 102525), Chapter 5 (commencing with Section
102625), Chapter 8 (commencing with Section 103050), and Chapter 15
(commencing with Section 103600) of Part 1 of Division 102.
(2) Funds remitted to the State Registrar by the federal Social
Security Administration for participation in the enumeration at birth
program.
(3) Funds remitted to the State Registrar by the National Center
for Health Statistics pursuant to the federal Vital Statistics
Cooperative Program.
(4) Any other funds collected by the State Registrar, except
Children's Trust Fund fees collected pursuant to Section 18966 of the
Welfare and Institutions Code, fees allocated to the Judicial
Council pursuant to Section 1852 of the Family Code, and fees
collected pursuant to Section 103645, all of which shall be deposited
into the General Fund.
(b) Moneys in the Health Statistics Special Fund shall be expended
by the State Registrar for the purpose of funding its existing
programs and programs that may become necessary to carry out its
mission, upon appropriation by the Legislature.
(c) Health Statistics Special Fund moneys shall be expended only
for the purposes set forth in this section and Section 102249, and
shall not be expended for any other purpose or for any other state
program.
(d) It is the intent of the Legislature that the Health Statistics
Special Fund provide for the following:
(1) Registration and preservation of vital event records and
dissemination of vital event information to the public.
(2) Data analysis of vital statistics for population projections,
health trends and patterns, epidemiologic research, and development
of information to support new health policies.
(3) Development of uniform health data systems that are
integrated, accessible, and useful in the collection of information
on health status.
(e) This section shall become operative on January 1,
2020 2015 .
SEC. 9. SEC. 5. Section 103605 of
the Health and Safety Code is amended to read:
103605. (a) The money collected by the State Registrar shall be
deposited with the Treasurer for credit to the Health Statistics
Special Fund, except for the Children's Trust Fund fees collected
pursuant to Section 18966 of the Welfare and Institutions Code, the
Umbilical Cord Blood Collection Program Fund fees collected pursuant
to Section 1628, the fees allocated to the Judicial Council pursuant
to Section 1852 of the Family Code, and the fees collected pursuant
to Section 103645, all of which shall be deposited in the General
Fund.
(b) This section shall remain in effect only until January 1,
2020 2015 , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2020 2015 , deletes or
extends that date.
SEC. 10. SEC. 6. Section 103605 is
added to the Health and Safety Code, to read:
103605. (a) The money collected by the State Registrar shall be
deposited with the Treasurer for credit to the Health Statistics
Special Fund, except for the Children's Trust Fund fees collected
pursuant to Section 18966 of the Welfare and Institutions Code, the
fees allocated to the Judicial Council pursuant to Section 1852 of
the Family Code, and the fees collected pursuant to Section 103645,
all of which shall be deposited in the General Fund.
(b) This section shall become operative on January 1,
2020 2015 .
SEC. 11. SEC. 7. Section 103625 of
the Health and Safety Code is amended to read:
103625. (a) A fee of three dollars ($3) shall be paid by the
applicant for a certified copy of a fetal death or death record.
(b) (1) A fee of three dollars ($3) shall be paid by a public
agency or licensed private adoption agency applicant for a certified
copy of a birth certificate that the agency is required to obtain in
the ordinary course of business. A fee of nine dollars ($9)
eight dollar ($8) shall be paid by any other
applicant for a certified copy of a birth certificate. Four dollars
($4) of any nine-dollar ($9) eight-dollar
($8) fee is exempt from subdivision (e) and shall be paid
either to a county children's trust fund or to the State Children's
Trust Fund, in conformity with Article 5 (commencing with Section
18965) of Chapter 11 of Part 6 of Division 9 of the Welfare and
Institutions Code. Two dollars ($2) of any nine-dollar ($9)
One dollar of any eight-dollar ($8) fee is
exempt from subdivision (e) and shall be paid to the Umbilical Cord
Blood Collection Program Fund in conformity with Section 1628.
(2) The board of supervisors of any county that has established a
county children's trust fund may increase the fee for a certified
copy of a birth certificate by up to three dollars ($3) for deposit
in the county children's trust fund in conformity with Article 5
(commencing with Section 18965) of Chapter 11 of Part 6 of Division 9
of the Welfare and Institutions Code.
(c) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage record, that has been
filed with the county recorder or county clerk, that the agency is
required to obtain in the ordinary course of business. A fee of six
dollars ($6) shall be paid by any other applicant for a certified
copy of a marriage record that has been filed with the county
recorder or county clerk. Three dollars ($3) of any six-dollar ($6)
fee is exempt from subdivision (e) and shall be transmitted monthly
by each local registrar, county recorder, and county clerk to the
state for deposit into the General Fund as provided by Section 1852
of the Family Code.
(d) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage dissolution record
obtained from the State Registrar that the agency is required to
obtain in the ordinary course of business. A fee of six dollars ($6)
shall be paid by any other applicant for a certified copy of a
marriage dissolution record obtained from the State Registrar.
(e) Each local registrar, county recorder, or county clerk
collecting a fee pursuant to subdivisions (a) to (d), inclusive,
shall transmit 15 percent of the fee for each certified copy to the
State Registrar by the 10th day of the month following the month in
which the fee was received.
(f) In addition to the fees prescribed pursuant to
subdivisions (a) to (d), inclusive, all applicants for certified
copies of the records described in those subdivisions shall pay an
additional fee of three dollars ($3), that shall be collected by the
State Registrar, the local registrar, county recorder, or county
clerk, as the case may be.
(g) The local public official charged with the collection of the
additional fee established pursuant to subdivision (f) may create a
local vital and health statistics trust fund. The fees collected by
local public officials pursuant to subdivision (f) shall be
distributed as follows:
(1) Forty-five percent of the fee collected pursuant to
subdivision (f) shall be transmitted to the State Registrar.
(2) The remainder of the fee collected pursuant to subdivision (f)
shall be deposited into the collecting agency's vital and health
statistics trust fund, except that in any jurisdiction in which a
local vital and health statistics trust fund has not been
established, the entire amount of the fee collected pursuant to
subdivision (f) shall be transmitted to the State Registrar.
(3) Moneys transmitted to the State Registrar pursuant to this
subdivision shall be deposited in accordance with Section 102247.
(h) Moneys in each local vital and health statistics trust fund
shall be available to the local official charged with the collection
of fees pursuant to subdivision (f) for the applicable jurisdiction
for the purpose of defraying the administrative costs of collecting
and reporting with respect to those fees and for other costs as
follows:
(1) Modernization of vital record operations, including
improvement, automation, and technical support of vital record
systems.
(2) Improvement in the collection and analysis of health-related
birth and death certificate information, and other community health
data collection and analysis, as appropriate.
(i) Funds collected pursuant to subdivision (f) shall not be used
to supplant funding in existence on January 1, 2002, that is
necessary for the daily operation of vital record systems. It is the
intent of the Legislature that funds collected pursuant to
subdivision (f) be used to enhance service to the public, to improve
analytical capabilities of state and local health authorities in
addressing the health needs of newborn children and maternal health
problems, and to analyze the health status of the general population.
(j) Each county shall annually submit a report to the State
Registrar by March 1 containing information on the amount of revenues
collected pursuant to subdivision (f) in the previous calendar year
and on how the revenues were expended and for what purpose.
(k) Each local registrar, county recorder, or county clerk
collecting the fee pursuant to subdivision (f) shall transmit 45
percent of the fee for each certified copy to which subdivision (f)
applies to the State Registrar by the 10th day of the month following
the month in which the fee was received.
(l) The additional three dollars ($3) authorized to be charged to
applicants other than public agency applicants for certified copies
of marriage records by subdivision (c) may be increased pursuant to
Section 114.
(m) In providing for the expiration of the surcharge on birth
certificate fees on June 30, 1999, the Legislature intends that
juvenile dependency mediation programs pursue ancillary funding
sources after that date.
(n) This section shall remain in effect only until January 1,
2020 2015 , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2020 2015 , deletes or
extends that date.
SEC. 12. SEC. 8. Section 103625 is
added to the Health and Safety Code, to read:
103625. (a) A fee of three dollars ($3) shall be paid by the
applicant for a certified copy of a fetal death or death record.
(b) (1) A fee of three dollars ($3) shall be paid by a public
agency or licensed private adoption agency applicant for a certified
copy of a birth certificate that the agency is required to obtain in
the ordinary course of business. A fee of seven dollars ($7) shall be
paid by any other applicant for a certified copy of a birth
certificate. Four dollars ($4) of any seven-dollar ($7) fee is exempt
from subdivision (e) and shall be paid either to a county children's
trust fund or to the State Children's Trust Fund, in conformity with
Article 5 (commencing with Section 18965) of Chapter 11 of Part 6 of
Division 9 of the Welfare and Institutions Code.
(2) The board of supervisors of any county that has established a
county children's trust fund may increase the fee for a certified
copy of a birth certificate by up to three dollars ($3) for deposit
in the county children's trust fund in conformity with Article 5
(commencing with Section 18965) of Chapter 11 of Part 6 of Division 9
of the Welfare and Institutions Code.
(c) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage record, that has been
filed with the county recorder or county clerk, that the agency is
required to obtain in the ordinary course of business. A fee of six
dollars ($6) shall be paid by any other applicant for a certified
copy of a marriage record that has been filed with the county
recorder or county clerk. Three dollars ($3) of any six-dollar ($6)
fee is exempt from subdivision (e) and shall be transmitted monthly
by each local registrar, county recorder, and county clerk to the
state for deposit into the General Fund as provided by Section 1852
of the Family Code.
(d) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage dissolution record
obtained from the State Registrar that the agency is required to
obtain in the ordinary course of business. A fee of six dollars ($6)
shall be paid by any other applicant for a certified copy of a
marriage dissolution record obtained from the State Registrar.
(e) Each local registrar, county recorder, or county clerk
collecting a fee pursuant to subdivisions (a) to (d), inclusive,
shall transmit 15 percent of the fee for each certified copy to the
State Registrar by the 10th day of the month following the month in
which the fee was received.
(f) In addition to the fees prescribed pursuant to subdivisions
(a) to (d), inclusive, all applicants for certified copies of the
records described in those subdivisions shall pay an additional fee
of three dollars ($3), that shall be collected by the State
Registrar, the local registrar, county recorder, or county clerk, as
the case may be.
(g) The local public official charged with the collection of the
additional fee established pursuant to subdivision (f) may create a
local vital and health statistics trust fund. The fees collected by
local public officials pursuant to subdivision (f) shall be
distributed as follows:
(1) Forty-five percent of the fee collected pursuant to
subdivision (f) shall be transmitted to the State Registrar.
(2) The remainder of the fee collected pursuant to subdivision (f)
shall be deposited into the collecting agency's vital and health
statistics trust fund, except that in any jurisdiction in which a
local vital and health statistics trust fund has not been
established, the entire amount of the fee collected pursuant to
subdivision (f) shall be transmitted to the State Registrar.
(3) Moneys transmitted to the State Registrar pursuant to this
subdivision shall be deposited in accordance with Section 102247.
(h) Moneys in each local vital and health statistics trust fund
shall be available to the local official charged with the collection
of fees pursuant to subdivision (f) for the applicable jurisdiction
for the purpose of defraying the administrative costs of collecting
and reporting with respect to those fees and for other costs as
follows:
(1) Modernization of vital record operations, including
improvement, automation, and technical support of vital record
systems.
(2) Improvement in the collection and analysis of health-related
birth and death certificate information, and other community health
data collection and analysis, as appropriate.
(i) Funds collected pursuant to subdivision (f) shall not be used
to supplant funding in existence on January 1, 2002, that is
necessary for the daily operation of vital record systems. It is the
intent of the Legislature that funds collected pursuant to
subdivision (f) be used to enhance service to the public, to improve
analytical capabilities of state and local health authorities in
addressing the health needs of newborn children and maternal health
problems, and to analyze the health status of the general population.
(j) Each county shall annually submit a report to the State
Registrar by March 1 containing information on the amount of revenues
collected pursuant to subdivision (f) in the previous calendar year
and on how the revenues were expended and for what purpose.
(k) Each local registrar, county recorder, or county clerk
collecting the fee pursuant to subdivision (f) shall transmit 45
percent of the fee for each certified copy to which subdivision (f)
applies to the State Registrar by the 10th day of the month following
the month in which the fee was received.
(l) The additional three dollars ($3) authorized to be charged to
applicants other than public agency applicants for certified copies
of marriage records by subdivision (c) may be increased pursuant to
Section 114.
(m) In providing for the expiration of the surcharge on birth
certificate fees on June 30, 1999, the Legislature intends that
juvenile dependency mediation programs pursue ancillary funding
sources after that date.
(n) This section shall become operative on January 1,
2020 2015 .
SEC. 13. SEC. 9. 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 to fund efforts aimed at curing disorders and diseases at
the earliest possible time, it is necessary that this act take
effect immediately.