BILL NUMBER: AB 52 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 24, 2009
AMENDED IN ASSEMBLY JUNE 2, 2009
AMENDED IN ASSEMBLY APRIL 1, 2009
AMENDED IN ASSEMBLY MARCH 5, 2009
INTRODUCED BY Assembly Member Portantino
( Principal coauthor: Assembly Member
Anderson )
(Coauthors: Assembly Members Bass, Block, Blumenfield,
Buchanan, and Price Cook, Huffman,
Jones, Ma, Swanson, and
Torlakson )
(Coauthors: Senators DeSaulnier, Leno, and Maldonado
Maldonado, Padilla, and Price
)
DECEMBER 2, 2008
An act to amend Sections 1627 and 1628
1627, 1628, and 1630 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, 2015 2020 , 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.
transplantation and for providing nonclinical units
for specified research.
This bill would require the department to establish the California
Umbilical Cord Blood Collection Board, with prescribed membership,
which would administer the program in accordance with specified
requirements.
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.
Under existing law, $4 of the $7 fee is allocated to either the
county Children's Trust Fund or to the State Children's Trust Fund,
which exists in the State Treasury. Existing law requires that the
money in the State Children's Trust Fund, upon appropriation by the
Legislature, be allocated to the State Department of Social Services
for the purpose of funding child abuse and neglect prevention and
intervention programs, as specified.
This bill would, instead, until January 1, 2015
2020 , require the collection of an $8
a $9 fee for certified copies of birth certificates and
require that $1 of any $8 $2 of any $9
fee be paid to the Umbilical Cord Blood Collection Program Fund.
The bill would make other conforming changes.
The bill would provide that no moneys shall be expended from the
fund to implement the program unless the Controller determines, by an
unspecified date, that at least an unspecified amount is available
in the fund, and would provide, if this determination is not made,
for a prescribed distribution of the money in the fund, including the
distribution of proceeds from the birth certificate fee increase to
the Children's Trust Fund.
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) Although rich in stem cells known as hematopoietic stem and
progenitor cells (HSPCs), the blood within the umbilical cord and
placenta is mostly discarded as medical waste following the birth of
a child. The relatively small number of units of cord blood that are
stored for transplantation are used to treat blood cancers, such as
leukemia, myeloma, and lymphoma, and more than 70 inherited
immunodeficiencies and other genetic and acquired blood diseases,
including sickle cell anemia, thalassemias, hemoglobinopathies,
aplastic anemias, and marrow failure disorders, and inherited
disorders or errors of metabolism.
(b) Conducted after birth, the cord blood donation procedure is
quick, painless, and risk-free to the child and mother. The harvested
cord blood is immediately shipped, processed, sorted, labeled,
stored, and frozen. Since the first transplant in 1988, as its use
for transplantation has steadily increased, the unique handling of
cord blood has been the subject of both recent and pending regulation
by the United States Food and Drug Administration (FDA).
(c) Although only one-third of all harvested cord blood has
sufficient stem cells to be suitable for transplantation as currently
practiced, the rest may be valuable to university-based and private
research facilities that continue to search for cures for some of our
most common and perplexing medical conditions. The uses for cord
blood are quickly evolving and have created great excitement among
researchers and physicians. For example, cord blood derived from stem
and progenitor cells may also be particularly suitable candidates
for conversion into induced pluripotent stem cells (IPSCs) derived by
modifying only four stem cell-associated genes. This modification
causes the cord blood stem cells to exhibit the essential
characteristics of embryonic stem (ES) cells, the potential to
differentiate into all tissues of the body. Since cord blood stem and
progenitor cells per se are very early cells that have great
proliferative capacity, and they already are banked for public use,
tested, and HLA-typed, they could well become the premier source of
optimal cells to convert to IPSCs and might, arguably, provide an
individual a lifetime of personalized replaceable tissue.
(d) Cord blood units that are appropriate for transplantation are
used to treat more than 70 lethal diseases, but the current inventory
is not only unable to accommodate the overall demand, but especially
fails to properly provide matched units for many ethnic and racial
groups, including multicultural individuals. According to the United
States Government Accountability Office (GAO) and the National Marrow
Donor Program, over 10,000 children and adults in the United States
would benefit annually from a transplant from someone unrelated to
them, but less than 30 percent actually receive one largely due to an
inadequate inventory.
(e) Unlike bone marrow, cord blood can provide good clinical
outcomes with less than a perfect match to the patient. However, to
transplanting physicians, both options are considered valuable. A
bone marrow donation requires an exact match and a live donor who is
willing and available to undergo a time-sensitive medical procedure.
With targeted collections and an adequate inventory, cord blood can
be stored frozen and made immediately available upon need. This
source of stem cells provides all races, ethnicities, and multiracial
individuals with an equal probability of a suitable match.
(f) Private industry has focused on alerting the public about the
possibility of banking cord blood for their families. However, the
goal of the California Umbilical Cord Blood Collection Program is to
collect cord blood only for public use to ensure all persons have an
equal probability of attaining an appropriate stem cell match.
(g) The federal government established the Stem Cell Therapeutic
and Research Act of 2005 (42 U.S.C. Sec. 201 et seq.) to collect and
maintain cord blood for public use in transplantation and research.
The goal of the federal program is to collect 150,000 genetically
diverse units in an effort to provide patients of all ethnicities an
equal probability of receiving a clinical grade, suitably matched
unit of umbilical cord blood. The program, implemented by Health
Resources and Services Administration (HRSA) which is part of the
United States Department of Health and Human Services, has specified
target collection goals for cord blood units that will match patient
populations that are underrepresented in the national inventory,
including Native American, Latino, African American, Asian, and
multiracial individuals.
(h) California has been a leader in stem cell research through a
number of previous and ongoing efforts. For example, California
pioneered the first sibling donor cord blood pilot project, and is a
world leader in the more general area of stem cell research and its
medical applications through the establishment and funding of the
California Institute of Regenerative Medicine (CIRM). This makes
California ideally situated to become the leader in harnessing the
therapeutic potential of nonhematopoietic cord blood-derived stem and
progenitor cells.
(i) Furthermore, California is home to the most ethnically diverse
population in the world with the highest birth rate in the nation of
550,000 per year. Cord blood donations from California will not only
serve the health needs of Californians, but help build a more
diverse inventory that can provide better matches for patients
throughout the world.
(j) In addition to directly savings lives, an increase in the
inventory of FDA-licensed cord blood stem cell units will save the
state, insurers, donors, and patients significant money now being
spent on lifetime treatments and relieve ongoing pain and anguish of
affected patients and their families.
(k) Although the Umbilical Cord Blood Collection Program and the
California Umbilical Cord Blood Collection Board will be within the
State Department of Public Health, it is the intent of the
Legislature that they operate autonomously and be self-contained.
SECTION 1. SEC. 2. 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 in
transplantation and providing nonclinical units for research
pertaining to biology and new clinical utilization of stem cells
derived from the blood and tissue of the placenta and umbilical cord
. The program shall conclude no later than December 31,
2014 2019 .
(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) (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) The collection of umbilical cord blood units from genetically
diverse donors that will be owned by the participating cord blood
bank that is chosen by the California Umbilical Cord Blood Collection
Board, established pursuant to Section 1627.5, to process and store
the cord blood units. This inventory shall be accessible by the
National Registry and by California-based and other United States and
international registries and transplant centers to increase the
likelihood of providing suitably matched donor tissue to patients who
are in need of transplantation.
(B) Cord blood units with a lower number of cells than deemed
necessary for clinical transplantation, and those available in
excessive numbers owing to their overly common types, as well as
placental tissue, shall be provided to assist California-based
academic stem cell research laboratories in the investigation of
treatments for additional human diseases, under protocols approved by
the Committee for the Protection of Human Subjects or an
institutional review board, as defined in subdivision (e) of Section
125330, or by the State Department of Public Health.
(b) (1) In order
to implement the collection part of this program, the board shall
contract with one or more selected applicant entities that have
demonstrated the competence to collect and ship cord blood units in
compliance with federal Food and Drug Administration (FDA) and Health
Resources and Services Administration (HRSA) guidelines and
regulations. The collected units shall only be shipped to a cord
blood bank that has obtained an FDA investigational new drug (IND)
exemption, a valid accreditation from an agency recognized by the
State Department of Public Health, and shall be approved by its own
institutional review board (IRB) and the IRB of the hospitals where
the cord blood would be collected, or has a Biologic License from the
FDA, when available, to m anufacture clinical grade cord
blood stem cell units for clinical indications and to make
nonclinical level cord blood units available to entities that will
perform medical research for purposes consistent with public use, as
defined in paragraph (2) of subdivision (a). The board
shall ensure that cord blood units financed by the program are
manufactured in full compliance with FDA and HRSA regulations so that
all umbilical cord blood units stored are of the highest quality and
can be utilized by the National Registry, as administered by HRSA.
. 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 board 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. the best proposals submitted by applicant
entities to administer the collection, banking, and research
objectives of the program.
(B) In order to qualify for selection under this section to bank
cord blood, an entity shall have obtained an FDA IND, a valid
accreditation from an agency recognized by the State Department of
Public Health, and shall be approved by its own IRB and those of the
hospitals where the cord blood would be collected, or a Biologic
License from the FDA, when available, to manufacture clinical grade
cord blood stem cell units for clinical indications.
(C) In order to qualify to receive appropriate cord blood units
and placental tissue to advance the research goals of this program,
an entity shall be a laboratory recognized as having performed
peer-reviewed research on stem and progenitor cells, including those
derived from placental or umbilical cord blood and postnatal tissue.
(c) The board shall ensure that the program attempts to meet, at a
minimum, all of the following objectives:
(1) Define and identify qualified umbilical cord blood collection
entities in accordance with subparagraph (B) of paragraph (2) of
subdivision (b).
(2) Design a competitive process for identifying qualified
participants in accordance with subparagraph (B) of paragraph (2) of
subdivision (b) in a manner that complies with state, federal, and
international regulations.
(3) Establish criteria for determining when units of umbilical
cord blood may be used only for research and when units of umbilical
cord blood may be used only for transplantation and a policy
addressing circumstances under which units of umbilical cord blood
may be used for either purpose.
(4) Create umbilical cord blood collection targets for ethnically
diverse populations in accordance with identified deficiencies in the
inventories in order to provide all Californians an equal
probability of obtaining a suitable match.
(5) Develop a strategy to increase voluntary participation by
hospitals in the collection and storage of umbilical cord blood and
identify funding sources to offset the financial impact on hospitals.
(6) Consider a medical contingency response program to prepare for
and respond effectively to biological, chemical, or radiological
attacks, accidents, and other public health emergencies where victims
potentially benefit from treatment.
(7) Determine whether collection of umbilical cord blood from
donors that have siblings or other close relatives who either have or
are at high risk of developing a disease that can be treated by stem
cell transplantation would help achieve the overall inventory goals
of the program.
(8) Explore the feasibility of operating the program as a
self-funding program, including the potential of charging users a
reimbursement fee.
(9) Ensure the program does not conflict with other national and
international efforts to generate an adequate inventory of
high-quality umbilical cord blood.
(c)
(d) In implementing the program, the
department board shall make every effort to
avoid duplication or conflicts with existing and ongoing programs and
to leverage existing resources. The department
board 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.
(d)
(e) (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) (1) There shall be established, within the State
Department of Public Health, the California Umbilical Cord Blood
Collection Board for purposes of implementing the Umbilical Cord
Blood Collection Program established pursuant to Section 1627.
(2) The board shall be the decisionmaking body for the program and
shall develop policies for implementing the program that are in
accordance with the objectives specified in subdivision (c) of
Section 1627.
(b) (1) The board shall be composed of five members who shall be
appointed not later than March 1, 2011. The Governor shall appoint
one member who shall chair the board, and the Senate Committee on
Rules and the Speaker of the Assembly shall each appoint two members.
(2) The board shall include all of the following:
(A) A medical director or chief scientist of an umbilical cord
blood bank that meets all of the following requirements:
(i) Is not based in California.
(ii) Has obtained a federal Food and Drug Administration
investigational new drug (FDA IND).
(iii) Has a valid accreditation from an agency recognized by the
State Department of Public Health.
(iv) Has been approved by its own institutional review board (IRB)
and the IRBs of hospitals where the umbilical cord blood would be
collected, or has a biological license from the FDA to manufacture,
store, and release clinical grade units of cord blood stem cells.
(B) A transplant physician with experience in transplanting units
of umbilical cord blood.
(C) A physician with expertise in obstetrics or gynecology and
experience in a birthing hospital participating in umbilical cord
blood collections.
(D) A scientist with expertise in the biology of stem and
progenitor cells derived from placental and umbilical cord blood and
tissue.
(E) A person with professional business knowledge of and
experience in umbilical cord blood banking, as practiced
internationally.
(c) Board members shall serve without compensation, except that
members shall be reimbursed for authorized travel costs and expenses.
(d) The following persons may be appointed to assist the board
with the administration of the program:
(1) An officer who is appointed by the board and is exempt from
civil service pursuant to subdivision (e) of Section 4 of Article VII
of the California Constitution.
(2) An officer who is appointed by the Governor and is exempt from
civil service pursuant to subdivision (f) of Section 4 of Article
VII of the California Constitution.
SEC. 4. Section 1627.7 is added to the
Health and Safety Code , to read:
1627.7. (a) The California Umbilical Cord Blood Collection Board
shall submit two reports to the Assembly and Senate Committees on
Health, the Assembly and Senate Committees on Judiciary, 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.
(b) The chair of the board shall submit an annual report to the
Assembly and Senate Committees on Health, the Assembly and Senate
Committees on Judiciary, and the Governor, on the progress of the
program in meeting its goals. The chair shall continue to provide the
annual report until the Governor determines that the reports are no
longer necessary, and files a declaration to that effect with the
department.
SEC. 2. SEC. 5. Section 1628 of the
Health and Safety Code is amended to read:
1628. (a) The department California
Umbilical Cord Blood Collection Board 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.
(d) No moneys shall be expended from the fund to implement the
program unless and until the Controller determines, by not later than
____, that at least ____ dollars ($____), including both federal and
private moneys, is available in the fund.
(e) The Controller shall determine whether there is at least ____
dollars ($____) available for implementation of the program. Once the
Controller has determined that at least ____ dollars ($____) is
available to implement the program, he or she shall distribute these
funds. If the Controller has not made a determination on or before
____, that at least ____ dollars ($____) is available to implement
the program, the amount in the fund shall be immediately distributed
to each private contributor or the federal government in the amount
contributed, and the amount of funds attributable to the two dollar
($2) fee collected pursuant to Section 103625 shall be deposited into
the Children's Trust Fund. The fund shall cease to exist thereafter.
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,
2015 2020 , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2015 2020 , deletes or
extends that date.
SEC. 3. SEC. 7. 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,
2015 2020 , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2015 2020 , deletes or
extends that date.
SEC. 4. SEC. 8. 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,
2015 2020 .
SEC. 5. SEC. 9. 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,
2015 2020 , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2015 2020 , deletes or
extends that date.
SEC. 6. SEC. 10. 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,
2015 2020 .
SEC. 7. SEC. 11. 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 eight dollar ($8)
nine dollars ($9) shall be paid by any other
applicant for a certified copy of a birth certificate. Four dollars
($4) of any eight-dollar ($8) nine-dollar
($9) 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. One dollar of any eight-dollar ($8)
Two dollars ($2) of any nine-dollar ($9) 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,
2015 2020 , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2015 2020 , deletes or
extends that date.
SEC. 8. SEC. 12. 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,
2015 2020 .
SEC. 9. SEC. 13. 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.