BILL ANALYSIS                                                                                                                                                                                                    Ó






                             SENATE JUDICIARY COMMITTEE
                             Senator Noreen Evans, Chair
                              2013-2014 Regular Session


          AB 464 (Daly)
          As Introduced
          Hearing Date: June 11, 2013
          Fiscal: Yes
          Urgency: No
          NR


                                        SUBJECT
                                           
                                    Vital records

                                      DESCRIPTION  

          This bill would update and clarify the law regarding vital  
          records. Specifically, this bill:
           would require the use of a specific form instead of a writing  
            "substantially in the form prescribed" by statute when an  
            officer taking the acknowledgement of an instrument endorses  
            or attaches a certificate;
           would allow digitized images, as defined, to be included as  
            part of a request for a certified copy of a birth, death, or  
            marriage record;
           would clarify that an informational copy of a death  
            certificate issued by the State Registrar, local registrar, or  
            county recorder may be used to prove the death of a person for  
            real property transfers in the county which the property is  
            located; and
           would delete an outdated reference to requests for military  
            service records.

                                      BACKGROUND  

          The Office of Vital Records is charged with the responsibility  
          of maintaining a uniform system for registration and a permanent  
          central registry with a comprehensive and continuous index for  
          all birth, death, fetal death, marriage, and dissolution  
          certificates registered for vital events which occur in  
          California.  Certified copies of these records are available  
          from the State Registrar, the 58 county recorders, and 61 local  
          health jurisdictions.  
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          This bill, sponsored by the County Recorders Association of  
          California, would make several clarifying and technical changes  
          to the law governing the request and release of vital records. 

                                           


                               CHANGES TO EXISTING LAW
           
           1.Existing law  allows the State Registrar, local registrar, or  
            county recorder to furnish a certified copy of birth, death,  
            or marriage to applicants upon request if:
                 the request is written or faxed and accompanied by a  
               notarized statement, sworn under penalty of perjury, that  
               the requester is an authorized person, as defined; or,
                 the request is made in person, and the official takes a  
               statement, sworn under penalty of perjury, that the  
               requester is signing his or her own legal name and is an  
               "authorized person." (Health & Saf. Code Sec. 103526.)

             Existing law  defines "authorized person," for purposes of  
            obtaining certified copies of birth, death, or marriage  
            records, as any of the following:
                 the person who is the subject of the record or the  
               parent or legal guardian of that person;
                 a party who is entitled to receive the record as a  
               result of a court order;
                 law enforcement or governmental agency personnel  
               conducting official business;
                 a child, grandchild, sibling, spouse, domestic partner,  
               or grandparent of the person who is the subject of the  
               record;
                 an attorney or other person empowered to act on behalf  
               of the person who is the subject of the record; or
                 an agent or employee of a funeral establishment who  
               orders death certificates when acting on behalf of  
               specified individuals. (Health & Saf. Code Sec. 103526  
               (c).)

             Existing law  provides that, in all other cases in which the  
            requester does not meet the requirements of an authorized  
            person, a certified copy may be provided to the requester but  
            the document shall be an informational certified copy and  
            shall be redacted to remove any signatures that appear on the  
            document.  Existing law requires the certified copy to contain  
                                                                      



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            the statement "INFORMATIONAL, NOT A VALID DOCUMENT TO  
            ESTABLISH IDENTITY."  (Health & Saf. Code Sec. 103526 (b).)

             This bill  would define "digitized image" as an image of an  
            original paper request for a certified copy of a birth, death,  
            or marriage record. This bill would add digitized images to  
            the list of appropriate ways to request a certified copy of a  
            birth, death, or marriage record from the State Registrar,  
            local registrar, or county recorder, and would delete an  
            obsolete reference to requests for a military service record.

           1.Existing law  establishes the requirements and process for  
            obtaining an interest in or title to property which was  
            affected by the death of a person. (Prob. Code Sec. 200 et  
            seq.)

             Existing law  requires a certified copy of a record of death to  
            accompany an affidavit of death used to prove the death of a  
            person.  (Prob. Code Sec. 210.)

             This bill  would clarify that both an informational copy and an  
            authentic copy of a death certificate issued by the State  
            Registrar, local registrar, or county recorder are certified  
            copies which may be attached to an affidavit of death.
          
           2.Existing law  requires an officer taking the acknowledgment of  
            an instrument to attach a certificate substantially in the  
            form prescribed by statute, and further provides that any  
            certificate of acknowledgment shall be in the form provided by  
            statute. (Civ. Code Secs. 1188, 1189.)

             This bill  would instead require the use of the specific form  
            provided by statute when an officer taking the acknowledgement  
            of an instrument endorses or attaches a certificate. This bill  
            would also provide that a certificate of execution shall be in  
            a form provided by statute. 

                                        COMMENT
           
           1.Stated need for the bill
           
          According to the author:

            AB 464 makes changes in the relevant code sections that  
            regulate proper use and access of vital records in the state.  
            This bill allows for electronic requests for vital records,  
                                                                      



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            eliminates conflicting statutes, and creates state-wide  
            standards for acceptable documents for recording real  
            property.

           2.Digitized, scanned images as an acceptable form of request for  
            vital records
           
          Existing law authorizes a person to make a request for vital  
          records in person; by mail, or by fax.  This bill would add  
          digitized, scanned images to the list of acceptable forms by  
          which an individual may request vital records.  

          With the evolution of technology, the facsimile is becoming  
          obsolete.  A digital scan of an image is of higher quality, and  
          can be securely transmitted to a recipient through the Internet  
          with less time and expense than a fax. The author writes, "the  
          law, as currently written does not provide for technological  
          advances, such as scanning.  This bill will provide the public  
          with an additional avenue to request copies of vital records.   
          It is a public service benefit that Recorders can easily  
          accommodate." 

          Staff notes that increasingly, it is difficult for many people  
          to locate fax machines to use, but scanners are widely  
          available.  Even when fax machines are available to the public,  
          they are often more expensive than scanning a document. Domestic  
          faxes typically cost between one and two dollars per page, while  
          scans cost approximately 50 cents per page.  Accordingly,  
          including digitized images as an acceptable form of request for  
          vital records will arguably create greater access to public  
          records. 
           3.Clarifies certified death records
           
          Under existing law the proper way to transfer title upon the  
          death of a joint tenant is to record an "affidavit of death,"  
          which requires that a certified copy of the death certificate,  
          available from the County Records Office, is attached. Counties  
          can issue two types of death records: (1) an informational copy  
          where the signature and social security numbers on the  
          certificate are redacted; and (2) an authorized copy, which is  
          an un-redacted record available only to individuals with a  
          certain relationship to the deceased. Both types of records are  
          "certified copies," but some counties do not accept an  
          informational copy attached to an affidavit of death for  
          recording purposes. 

                                                                      



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          The author argues that it is common practice of counties to  
          record informational copies as well as authorized copies of  
          death records. However, it is estimated that 20 percent of  
          counties are rejecting informational copies based on the advice  
          of county counsel.  The author asserts that, "by introducing  
          this bill, Recorders believe that it would clarify the law and  
          provide an easy and perfectly acceptable legal avenue for a  
          person to transfer title upon death.  The intent is an equal  
          application of the law.  Ventura County cited a case where a  
          citizen complained they had to spend $600 to obtain a court  
          order to record an affidavit of death in a neighboring county  
          while Ventura County records informational copies.  The probate  
          code states 'any person' may record an affidavit of death? and  
          this right is greatly diminished by forcing them to go to court  
          to obtain permission to purchase an authorized copy of a death  
          certificate."

          To that end, this bill would clarify that informational copies  
          and authorized copies of death records are both certified copies  
          for the purpose of recording an affidavit of death.  Arguably  
          this will ensure consistent application of the law between  
          counties, and facilitate uniformity in the transfer of former  
          joint tenancies. 

           4.Clarifies the form notaries must use
           
          This bill would clarify that notaries must use single form  
          certificates, provided under statute, for acknowledgments taken  
          in the State of California.  Prior to 2006, the law only  
          required that a certificate of acknowledgment substantially  
          comply with the statutory form provided in the Civil Code.  AB  
          361 (Runner, Ch. 295, Stats. 2005) instead required that  
          notaries use the specific statutory form by removing the word  
          "substantially."  However, that bill failed to amend two other  
          sections of the Civil Code, thereby creating some confusion. 

          This bill would amend the two remaining sections of the Civil  
          Code which still allow for notaries to use a "substantially  
          similar form," thus, clarifying that the form provided under  
          statute must be used in certificates of acknowledgment. 




           5.Military service records governed by Government Code
           
                                                                      



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          Since 2004, the release of military service records has been  
          governed by provisions in the Government Code.  (See Gov. Code  
          Sec. 6107; AB 1179 (Parra, Ch. 6, Stats. 2004).)  This bill  
          would delete an obsolete reference to military service records  
          in the Health and Safety Code.


           Support  :  California Association of Clerks and Election  
          Officials

           Opposition  :  None Known

                                        HISTORY
           
           Source  :  County Recorders' Association of California

          Related Pending Legislation  : None Known

           Prior Legislation  :

          AB 130 (Jeffries, Chapter 412, Statutes of 2009) extended the  
          existing limitations on the release and access of birth and  
          death records to marriage records in order to prevent the  
          unauthorized use of personal information.

          SB 1398 (Margett and Hollingsworth, 2008) was substantially  
          similar to SB 471. This bill died in the Senate Health  
          Committee.

          SB 471 (Margett, 2007) would have required any individual,  
          authorized by law to obtain a certified copy of a birth or death  
          certificate, to show proof of identification when the request is  
          made in person, except when the individual has been a victim of  
          identity theft. This bill died in the Senate Health Committee.

          SB 904 (Battin, 2007) would have required the county recorder,  
          when furnishing an informational copy of a military service  
          record, to alter that record by masking the service member's  
          personal information, as specified, without incurring any  
          liability. This bill was vetoed by the Governor. 

          AB 361 (Runner, Chapter 295, Statutes of 2005) See Comment 4.

          AB 1179 (Parra, Chapter 6, Statutes of 2004) prohibited county  
          recorders from providing certified copies of military discharge  
          papers except to specified persons and allowed county recorders  
                                                                      



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          to accept faxed, notarized documents when specified information  
          is present and photographically reproducible.

          AB 247 (Speier, Chapter 914, Statutes of 2002) See Background.

          AB 1614 (Speier, Chapter 712, Statutes of 2002) See Background.

           Prior Vote  :

          Assembly Floor (Ayes 75, Noes 0)
          Assembly Appropriations Committee (Ayes 17, Noes 0)
          Assembly Committee on Health (Ayes 19, Noes 0)

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