BILL NUMBER: AB 130	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 15, 2009
	AMENDED IN ASSEMBLY  APRIL 27, 2009
	AMENDED IN ASSEMBLY  MARCH 26, 2009

INTRODUCED BY   Assembly Member Jeffries

                        JANUARY 20, 2009

   An act  to amend Section 509 of the Family Code, and  to
amend Sections 102230, 102231, 103525, 103525.5, 103526, 103526.5,
and 103527 of the Health and Safety Code, relating to vital records.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 130, as amended, Jeffries. Vital records: marriage records.
   (1) Existing law prescribes specified personal information to be
included on birth, death, and marriage certificates. Under existing
law, a certified copy of a birth or death record may only be supplied
by the State Registrar, local registrar, or county recorder to an
authorized person, as defined, who submits a statement sworn under
penalty of perjury that the applicant is an authorized person. If an
applicant for a birth or death record does not meet the requirements
for an authorized person, the State Registrar, local registrar, or
county recorder may only issue an informational certified copy of a
birth or death record that contains a legend stating "INFORMATIONAL,
NOT A VALID DOCUMENT TO ESTABLISH IDENTITY."
   Existing law also requires that each certified copy of a birth or
death record contain specified information and be printed on
sensitized paper with specified features.
   Existing law also requires an applicant for a certified copy of a
birth or death record to pay, in addition to other fees applicable to
the receipt of a copy of a birth or death record from the State
Registrar, local registrar, or county recorder a fee of $1, to be
used for the development of safety and security measures to protect
against the fraudulent use of these records and defray the cost to
local officials of any required security measures.
   This bill would also make these provisions applicable to a request
for a certified copy of a  nonconfidential  marriage
record, and would make conforming changes. By changing the definition
of the crime of perjury, and by imposing new duties on local
officials, this bill would create a state-mandated local program.

   (2) Existing law permits a county clerk to issue a confidential
marriage license if prescribed conditions are met. Under existing
law, a confidential marriage license is a confidential record and is
not open to public inspection without an order from the court.
Existing law requires a county clerk to maintain confidential
marriage certificates as permanent records that are not open to
public inspection except upon order of the court. Existing law
permits a party to a confidential marriage to obtain a certified copy
of the confidential marriage certificate, as prescribed.  
   This bill would repeal the existing methods by which a party to a
confidential marriage may obtain a certified copy of his or her
confidential marriage certificate and would instead require that the
above mentioned provisions relating to obtaining certified copies of
birth and death records be applicable to a confidential marriage
record, as specified. This bill would specify that an authorized
person, for purposes of requests for certified copies of confidential
marriage records, includes only a party to the confidential
marriage. This bill would also prohibit the release of an
informational certified copy of a confidential marriage record, as
specified. By changing the definition of the crime of perjury, and by
imposing new duties on local officials, this bill would create a
state-mandated local program.  
   (2) 
    (3)  Existing law requires the State Registrar to
appoint a Vital Records Protection Advisory Committee to study and
make recommendations to protect individual privacy, inhibit identity
theft, and prevent fraud involving birth and death certificates while
providing needed access to the information contained in those
records by persons seeking it for a legitimate purpose.
   This bill would add marriage records to the list of vital records
under the committee's consideration for study and recommendations,
and would make other technical and conforming changes. 
   (3) 
    (4)  Existing law requires the State Registrar to
maintain comprehensive indices of registered certificates. Under
existing law, comprehensive birth and death record indices, as
prescribed, must be kept confidential and are exempt from disclosure
under the California Public Records Act.  Existing law also
requires the State Registrar to maintain separate noncomprehensive
birth and death record indices for purposes of public release and for
law enforcement and fraud prevention.  Existing law also
prohibits specified uses of birth and death record files. Violation
of these provisions is a misdemeanor.
   This bill would apply these provisions to  both 
comprehensive  and noncomprehensive nonconfidential 
marriage indices.  The bill would require that the
noncomprehensive nonconfidential marriage record indices for public
  release and for law enforcement and fraud prevention be
comprised o   f the name of each party to the marriage and
the date of marriage. This bill would prohibit the noncomprehensive
nonconfidential marriage record indices for public release from
containing the maiden names of the parties' mothers   .
 By changing the definition of a crime, and by imposing new
duties on local officials, this bill would create a state-mandated
local program. 
   (4) 
    (5)  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 509 of the   Family
Code   is amended to read: 
   509.  (a) A party to a confidential marriage may obtain a
certified copy of the confidential marriage certificate from the
county clerk of the county in which the certificate is filed 
in any of the following ways:   by submitting an
application that satisfies the requirements of Chapter 14 (commencing
with Section 103525) of Part 1 of Division 102 of the Health and
Safety Code.  
   (1) By submitting the application for a certified copy of the
confidential marriage certificate provided to the parties pursuant to
Section 508.  
   (2) By personally appearing before a notary public or at the
county clerk's office in the party's county of residence, producing
valid photo identification, obtaining a certificate attesting to the
party's identity from the notary public or county clerk, and mailing
or faxing that certificate, together with a request for the certified
copy of the confidential marriage certificate, to the county clerk
of the county with which the certificate is filed.  

   (3) By personally appearing at the county clerk's office where the
certificate is filed and producing proper identification.
   (b) Copies of a confidential marriage certificate may be issued to
the parties to the marriage upon payment of the fee equivalent to
that charged for copies of a marriage certificate.
   SECTION 1.   SEC. 2.   Section 102230 of
the Health and Safety Code is amended to read:
   102230.  (a) (1) The State Registrar shall arrange and permanently
preserve the certificates in a systematic manner and shall prepare
and maintain comprehensive and continuous indices of all certificates
registered.
   (2) The birth, death, and marriage record indices prepared
pursuant to paragraph (1) and all comprehensive birth, death, and
marriage record indices prepared or maintained by local registrars
and county recorders shall be kept confidential and shall be exempt
from disclosure under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code).
   (3) Notwithstanding paragraph (2), the State Registrar, at his or
her discretion, may release comprehensive birth, death, and 
nonconfidential  marriage record indices to  any
  a  government agency. Local registrars and county
recorders, when requested, shall release their comprehensive birth,
death, and marriage record indices to the State Registrar. A
government agency that obtains indices pursuant to this paragraph
shall not sell or release the index or  any   a
 portion of its contents to  any other 
another  person except as necessary for official government
business and shall not post the indices or any portion thereof on the
Internet.
   (b) (1) The State Registrar shall prepare and maintain separate
noncomprehensive indices of all California birth  and death
  , death, and nonconfidential marriage  records
for public release.
   (2) For purposes of this section, noncomprehensive birth record
indices for public release shall be comprised of first, middle, and
last name, sex, date of birth, and place of birth.
   (3) For purposes of this section, noncomprehensive death record
indices for public release shall be comprised of first, middle, and
last name, sex, date of birth, place of birth, place of death, date
of death, and father's last name. 
   (4) For purposes of this section, noncomprehensive nonconfidential
marriage record indices for public release shall be comprised of the
name of each party to the marriage and the date of marriage. 

   (4) Requesters of the birth or death 
    (5)     Requesters   of the birth,
death, or nonconfidential marriage  record indices prepared
pursuant to this subdivision shall provide proof of identity,
complete a form, and sign the form under penalty of perjury. The form
shall include all of the following:
   (A) The proposed use of the birth  or death  
, death, or nonconfidential marriage  record indices.
   (B) A disclaimer crediting  any  analyses,
interpretations, or conclusions reached regarding the birth 
or death   ,   death, or nonconfidential
marriage  record indices to the author and not to the State
Department of Public Health.
   (C) Assurance that technical descriptions of the birth  or
death   , death, or nonconfidential marriage 
record indices are consistent with those provided by the State
Department of Public Health.
   (D) Assurance that the requester shall not sell, assign, or
otherwise transfer the birth  or death   ,
death, or nonconfidential marriage  record indices.
   (E) Assurance that the requester shall not use the birth or death
record indices for fraudulent purposes. 
   (5) Birth and death 
    (6)     Birth, death, and nonconfidential
marriage  record indices obtained pursuant to this subdivision,
and any portion thereof, shall not be used for fraudulent purposes.
   (c) (1) The State Registrar shall prepare and maintain separate
noncomprehensive indices of all California birth  and death
  , death, and nonconfidential marriage  records
for purposes of law enforcement or preventing fraud.
   (2) For purposes of this section, noncomprehensive birth record
indices for the purpose of preventing fraud shall be comprised of
first, middle, and last name, sex, date of birth, place of birth, and
mother's maiden name.
   (3) For purposes of this section, noncomprehensive death record
indices for the purpose of preventing fraud shall be comprised of
first, middle, and last name, place of death, mother's maiden name,
sex, social security number, date of birth, place of birth, date of
death, and father's last name. 
    (4) For purposes of this section, noncomprehensive
nonconfidential marriage record indices for the purpose of preventing
fraud shall be comprised of the name of each party to the marriage
and the date of marriage.  
   (4) The birth and death 
    (5)     The birth, death, and
nonconfidential marriage  record indices prepared pursuant to
this subdivision shall be made available to financial institutions,
as defined in Section 6827(4)(A) and (B) of Title 15 of the United
States Code, its representatives or contractors, consumer credit
reporting agencies, as defined in subdivision (d) of Section 1785.3
of the Civil Code, its representatives or contractors, those entities
providing information services for purposes of law enforcement or
preventing fraud, officers of the court for the sole purpose of
verifying a death, and to persons or entities acting on behalf of law
enforcement agencies or the court, or pursuant to a court order.

   (5) The birth and death 
    (6)     The birth, death, and
nonconfidential marriage  record indices prepared pursuant to
this subdivision may be released to  any   a
 government agency. 
   (6) Requesters of the birth or death 
    (7)    Requesters of the birth,  
death, or nonconfidential marriage  record indices prepared
pursuant to this subdivision shall provide proof of identity,
complete a form, and sign the form under penalty of perjury. The form
shall include all of the following:
   (A) An agreement not to release or allow public access to the
birth  or death   , death, or nonconfidential
marriage  record indices, and an agreement not to post the
indices on the Internet, except as permitted by this subdivision.
   (B) The proposed use of the birth  or death  
, death, or   nonconfidential marriage  record
indices.
   (C) The names of all persons within the organization, if
applicable, who will have access to the birth  or death
  , death, or nonconfidential marriage  record
indices.
   (D)  A disclaimer crediting  any  analyses,
interpretations, or conclusions reached regarding the birth 
or death   , death, or nonconfidential marriage 
record indices to the author and not to the State Department of
Public Health.
   (E) Assurance that technical descriptions of the birth  or
death   , death, or nonconfidential marriage 
record indices are consistent with those provided by the State
Department of Public Health.
   (F) Assurance that the requester shall not sell, assign, or
otherwise transfer the birth  or death   ,
death, or nonconfidential marriage  record indices, except as
permitted by this subdivision.
   (G) Assurance that the requester shall not use the birth 
or death   , death, or nonconfidential marriage 
record indices for fraudulent purposes. 
   (7) (A) Birth and death 
    (8)     (A)     Birth,
death, and nonconfidential marriage  record indices, and any
portion thereof, obtained pursuant to this section, shall not be used
for fraudulent purposes and shall not be posted on the Internet.
   (B) Notwithstanding subparagraph (A), individual information
contained in birth  and death   , death, and
nonconfidential marriage  record indices may be posted on the
Internet if all of the following requirements are met:
   (i) The individual information is posted on an Internet Web site
that is protected by a password.
   (ii) The individual information is posted on an Internet Web site
that is available to subscribers only for a fee.
   (iii) The individual information is not posted for public display.

   (iv) The individual information is available to subscribers
pursuant to a contractual agreement.
   (v) The individual information is posted for purposes of law
enforcement or preventing fraud.
   (d) Mail-in requests from nongovernmental agencies for birth
 and death   , death, and nonconfidential
marriage  record indices requested pursuant to subdivisions (b)
and (c) shall include a notarized statement attesting to the identity
of the requester.
   (e) Noncomprehensive birth  and death   ,
  death, and nonconfidential marriage  record indices
pursuant to subdivisions (b) and (c) shall be updated annually.
   (f)  All birth and death   Birth, death, and
nonconfidential marriage  record indices provided pursuant to
this section shall be made available subject to cost recovery
provisions of the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code).
   (g)  Any noncomprehensive   Noncomprehensive
 birth, death, and  nonconfidential  marriage record
indices created by local registrars or county recorders shall be
subject to the conditions for release required by this section.
   (h) A person or entity that obtains a birth  or death
  , death, or nonconfidential marriage  record
index, or any portion thereof, from a requester who has obtained the
index in accordance with paragraph  (6)   (7)
 of subdivision (c)  may   shall not 
not sell, assign, or otherwise transfer that index, or any portion
thereof, to  any   a  third party.
   (i) Paragraphs (2) and (3) of subdivision (a) and subdivisions (b)
to (h), inclusive, shall be implemented only to the extent that
funds for these purposes are appropriated by the Legislature in the
annual Budget Act or other statute.
   SEC. 2.   SEC. 3.   Section 102231 of
the Health and Safety Code is amended to read:
   102231.  (a) Notwithstanding any other law, birth data files,
birth data files for public release, death data files for public
release, death data files for purposes of law enforcement or
preventing fraud, and  nonconfidential  marriage data files
prepared and maintained by the State Registrar, local registrars, and
county recorders shall only be released as follows:
   (1) Birth data files containing personal identifiers shall be
subject to the same restrictions as the confidential portion of a
birth certificate and shall only be released under the terms and
conditions specified in Section 102430.
   (2) Birth data files for public release shall not contain the
mothers' maiden name.
   (3) Death data files for public release shall not contain the
mothers' maiden name and social security number.  Marriage
data files for public release shall not contain the mothers' maiden
names. 
   (4) Death data files for purposes of law enforcement or preventing
fraud shall include the mother's maiden name and social security
number.  Marriage data files for the purposes of law
enforcement or preventing fraud shall include the mothers' maiden
names. Death and marriage   Death  data files
prepared pursuant to this subdivision may be released to governmental
agencies and to those entities described in paragraph  (4)
  (5)  of subdivision (c) of Section 102230.
   (5) Death data files containing personal identifying information
may be released to persons expressing a valid scientific interest, as
determined by the appropriate committee constituted for the
protection of human subjects that is approved by the United States
Department of Health and Human Services and has a general assurance
pursuant to Part 46 (commencing with Section 46.101) of Title 45 of
the Code of Federal Regulations. 
   (6) Nonconfidential marriage data files shall include the name of
each party to the marriage and the date of the marriage.
Nonconfidential marriage data files for public release shall not
contain the maiden names of the mothers. 
   (b) Requesters of birth, death, and  nonconfidential 
marriage data files pursuant to this section shall provide proof of
identity, complete a form, and sign the form under penalty of
perjury. The form shall include all of the following:
   (1) An agreement not to release the birth, death, or marriage data
files and not to post the files on the Internet, except as permitted
by this subdivision.
   (2) An agreement not to provide public access to data files
obtained pursuant to paragraphs (1) and (4) of subdivision (a).
   (3) The proposed use of the data file.
   (4) For data files obtained pursuant to paragraphs (1) and (4) of
subdivision (a), the names of all persons within the organization, if
applicable, who will have access to the data files.
   (5) A disclaimer that credits  any  analyses,
interpretations, or conclusions reached regarding the birth or death
data files to the author and not to the State Department of Public
Health.
   (6) Assurance that technical descriptions of the data files are
consistent with those provided by the State Department of Public
Health.
   (7) Assurance that the requester shall not sell, assign, or
otherwise transfer the data files, except as permitted by subdivision
(e).
   (8) Assurance that the requester shall not use the data files for
fraudulent purposes.
   (c) Mail-in requests for birth, death, and  nonconfidential
 marriage data files pursuant to this section shall include a
notarized statement attesting to the identity of the requester.
   (d) Birth, death, and  nonconfidential  marriage data
files provided pursuant to this section shall be made available
subject to cost recovery provisions of the California Public Records
Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of
Title 1 of the Government Code).
   (e) (1) Birth, death, and  nonconfidential  marriage data
files, and any portion thereof, obtained pursuant to this section,
shall not be used for fraudulent purposes and shall not be posted on
the Internet.
   (2) Notwithstanding paragraph (1), individual information
contained in death data files obtained pursuant to paragraph (4) of
subdivision (a) may be posted on the Internet if all of the following
requirements are met:
   (A) The information is posted on an Internet Web site that is
protected by a password.
   (B) The information is posted on an Internet Web site that is
available to subscribers only for a fee.
   (C) The information is not posted for public display.
   (D) The information is available to subscribers pursuant to a
contractual agreement.
   (E) The information is posted for purposes of law enforcement or
preventing fraud.
   (f) A person or entity that obtains a birth, death, or 
nonconfidential  marriage data file, or any portion thereof,
from a requester who has obtained the data file in accordance with
subdivision (b)  may   shall  not sell,
assign, or otherwise transfer that data file, or any portion thereof,
to  any   a  third party.
   (g) This section shall be implemented only to the extent that
funds for these purposes are appropriated by the Legislature in the
annual Budget Act or other statute.
   SEC. 3.  SEC. 4.   Section 103525 of the
Health and Safety Code is amended to read:
   103525.  (a)  The State Registrar, local registrar, or county
recorder shall, upon request and payment of the required fee, supply
to  any   an  applicant a certified copy of
the record of  any   a  birth, fetal
death, death, marriage, or marriage dissolution registered with the
official.
   When the original forms of certificates of live birth furnished by
the State Registrar contain a printed section at the bottom
containing medical and social data or labeled "Confidential
Information for Public Health Use Only," that section shall not be
reproduced in a certified copy of the record except as specifically
authorized in Section 102430.
   (b) Notwithstanding subdivision (a) or any other law, the State
Registrar, local registrar, or county recorder shall provide
certified copies of birth, death, and marriage records only as
authorized under Section 103526 or 103526.5.
   SEC. 4.   SEC. 5.   Section 103525.5 of
the Health and Safety Code is amended to read:
   103525.5.  (a) (1) Until January 1, 2006, in addition to the fees
prescribed by Sections 103625 and 103626, an applicant for a
certified copy of a birth or death record shall pay an additional fee
of two dollars ($2). Commencing January 1, 2006, this fee shall be
reduced to one dollar ($1).
   (2) Commencing January 1, 2010, in addition to the fees prescribed
by Sections 103625 and 103626, an applicant for a certified copy of
a marriage record shall pay an additional fee of one dollar ($1).
   (b) Until January 1, 2006, each local registrar or county recorder
collecting the fee pursuant to this section shall transmit one
dollar and sixty-five cents ($1.65) of the fee to the State Registrar
by the 10th day of the month following the month in which the fee
was received. Commencing January 1, 2006, each local registrar or
county recorder collecting the fee pursuant to this section shall
transmit sixty-five cents ($.65) of the fee to the State Registrar by
the 10th day of the month in which the fee was received. These
funds, and fees collected by the State Registrar pursuant to this
section, shall be used by the State Registrar, upon appropriation by
the Legislature, to develop safety and security measures to protect
against fraudulent use of birth, death, and marriage records,
including, but not limited to, computerizing records, redacting and
removing signatures as required by law, and electronically
distributing redacted records to local registrars and county
recorders for their use in complying with Sections 103526 and
103526.5.
   (c) Thirty-five cents ($0.35) of the fee specified in subdivision
(a) shall be retained by the public official charged with the
collection of the fee to defray the costs of the additional security
features required by Sections 103526 and 103526.5.
   (d) The entire amount of the fee collected pursuant to subdivision
(a) by the State Registrar shall be retained and used by the State
Registrar, upon appropriation by the Legislature, for the purpose
specified in subdivision (b). The entire amount of the fee collected
by the local registrar or county recorder pursuant to subdivision (c)
shall be retained and used by that official for the purpose
specified in subdivision (c).
   SEC. 5.   SEC. 6.   Section 103526 of
the Health and Safety Code is amended to read:
   103526.  (a) If the State Registrar, local registrar, or county
recorder receives a written or faxed request for a certified copy of
a birth, death, or marriage 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 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, death, or marriage 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 a request for a
certified copy of a birth, death, or marriage 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, and that official may then furnish a
certified copy to the applicant.
   (b)  In all other circumstances   (1) 
   If the person requesting a certified copy of a birth,
death, or nonconfidential marriage record is not an authorized
person or is an authorized person who is otherwise unable to satisfy
the requirements of subdivision (a)  , 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. 
   (2) If the person requesting a certified copy of a confidential
marriage record is not an authorized person or is an authorized
person who is otherwise unable to satisfy the requirements of
subdivision (a), the official shall not release a certified copy of
the confidential marriage record unless otherwise authorized by law.

   (c) For purposes of this section, an "authorized person" 
is any of the following:   means:  
   (1) For purposes of requests for certified copies of confidential
marriage records, only a party to the confidential marriage. 

   (2) For purposes of requests for certified copies of birth, death,
or nonconfidential marriage records, a person who is any of the
following:  
   (1) 
    (A)  The registrant or a parent or legal guardian of the
registrant. 
   (2) 
    (B)  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) 
    (C)  A member of a law enforcement agency or a
representative of another governmental agency, as provided by law,
who is conducting official business. 
   (4) 
    (D)  A child, grandparent, grandchild, sibling, spouse,
or domestic partner of the registrant. 
   (5) 
    (E)  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 
    (F)     An  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  A  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 law:
   (1)  Any   A  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
  shall  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   a  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. 6.   SEC. 7.   Section 103526.5 of
the Health and Safety Code is amended to read:
   103526.5.  (a) Each certified copy of a birth, death, or marriage
record issued pursuant to Section 103525 shall include the date
issued, the name of the issuing officer, the signature of the issuing
officer, whether that is the State Registrar, local registrar,
county recorder, or county clerk, or an authorized
                       facsimile thereof, and the seal of the issuing
office.
   (b) All certified copies of birth, death, and marriage records
issued pursuant to Section 103525 shall be printed on chemically
sensitized security paper that measures 81/2 inches by 11 inches and
that has the following features:
   (A) Intaglio print.
   (B) Latent image.
   (C) Fluorescent, consecutive numbering with matching barcode.
   (D) Microprint line.
   (E) Prismatic printing.
   (F) Watermark.
   (G) Void pantograph.
   (H) Fluorescent security threads.
   (I) Fluorescent fibers.
   (J) Any other security features deemed necessary by the State
Registrar.
   (c) The State Registrar, local registrars, county recorders, and
county clerks shall take precautions to ensure that uniform and
consistent standards are used statewide to safeguard the security
paper described in subdivision (b), including, but not limited to,
the following measures:
   (1) Security paper shall be maintained under secure conditions so
as not to be accessible to the public.
   (2) A log shall be kept of all visitors allowed in the area where
security paper is stored.
   (3) All spoilage shall be accounted for and subsequently destroyed
by shredding on the premises.
   SEC. 7.   SEC. 8.   Section 103527 of
the Health and Safety Code is amended to read:
   103527.  (a) The State Registrar shall appoint a Vital Records
Protection Advisory Committee to study and make recommendations to
protect individual privacy, inhibit identity theft, and prevent fraud
involving birth, death, and marriage certificates while providing
needed access to birth, death, and marriage record information to
those seeking it for legitimate purposes. The committee shall have
the following duties:
   (1) Review and make recommendations as to the adequacy of
procedures to safeguard individual privacy and prevent fraud, while
ensuring appropriate access to birth, death, and marriage records.
   (2) Make recommendations to the State Registrar as to items that
should be redacted from informational certified copies of birth,
death, and  nonconfidential  marriage certificates issued
pursuant to Section 103526.
   (3) Make recommendations to the State Registrar regarding fraud
prevention measures concerning vital records.
   (b) The committee shall include representatives from private and
governmental entities that use vital records as identity or legal
documents, consumers, law enforcement officials, genealogists, and
organizations that research vital records for legal or social
purposes. The State Registrar shall make every effort to ensure that
committee membership also represents the community at large.
   (c) (1) Except as provided in paragraph (2), membership on the
committee shall be for a term of three years.
   (2) Appointments shall be made on a staggered basis to allow for a
change of one-third of the membership on an annual basis. One-third
of the initial committee membership shall be appointed to one-year
terms, and one-third of the initial committee membership shall be
appointed to two-year terms.
   SEC. 8.   SEC. 9.   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.