BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                        AB 464|
          |Office of Senate Floor Analyses   |                              |
          |1020 N Street, Suite 524          |                              |
          |(916) 651-1520         Fax: (916) |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 
           
                                           
                                       CONSENT


          Bill No:  AB 464
          Author:   Daly (D)
          Amended:  As introduced
          Vote:     21

           
           SENATE JUDICIARY COMMITTEE  :  7-0, 6/11/13
          AYES:  Evans, Walters, Anderson, Corbett, Jackson, Leno, Monning
           
           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  75-0, 5/9/13 (Consent) - See last page for vote


           SUBJECT  :    Vital records

           SOURCE  :     County Recorders Association of California


           DIGEST  :    This bill updates and clarifies the law regarding  
          vital records.  This bill requires the use of a specific form  
          instead of writing substantially in the form prescribed by  
          statute when an officer taking the acknowledgement of an  
          instrument endorses or attaches a certificate; allows digitized  
          images, as defined, to be included as part of a request for a  
          certified copy of a birth, death, or marriage record; clarifies  
          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 deletes an  
          outdated reference to requests for military service records.

           ANALYSIS  :    Existing law allows the State Registrar, local  
                                                                CONTINUED





                                                                     AB 464
                                                                     Page  
          2

          registrar, or county recorder to furnish a certified copy of  
          birth, death, or marriage to applicants upon request if:

          1.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,

          2.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."
           
          Existing law defines "authorized person," for purposes of  
          obtaining certified copies of birth, death, or marriage records,  
          as any of the following:

          1.The person who is the subject of the record or the parent or  
            legal guardian of that person;

          2.A party who is entitled to receive the record as a result of a  
            court order;

          3.Law enforcement or governmental agency personnel conducting  
            official business;

          4.A child, grandchild, sibling, spouse, domestic partner, or  
            grandparent of the person who is the subject of the record;

          5.An attorney or other person empowered to act on behalf of the  
            person who is the subject of the record; or

          6.An agent or employee of a funeral establishment who orders  
            death certificates when acting on behalf of specified  
            individuals. 

          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  
          the statement "INFORMATIONAL, NOT A VALID DOCUMENT TO ESTABLISH  
          IDENTITY." 


                                                                CONTINUED





                                                                     AB 464
                                                                     Page  
          3

          This bill defines "digitized image" as an image of an original  
          paper request for a certified copy of a birth, death, or  
          marriage record. This bill adds 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 deletes an obsolete reference to requests  
          for a military service record.

          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.
           
          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.  

          This bill clarifies 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.

          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.
           
          This bill requires 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 also  
          provides that a certificate of execution shall be in a form  
          provided by statute. 

           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.  

          This bill makes several clarifying and technical changes to the  

                                                                CONTINUED





                                                                     AB 464
                                                                     Page  
          4

          law governing the request and release of vital records. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  6/24/12)

          County Recorders' Association of California (source) 
          California Association of Clerks and Election Officials


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

           ASSEMBLY FLOOR  :  75-0, 5/9/13
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,  
            Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,  
            Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,  
            Cooley, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier,  
            Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell, Gray,  
            Grove, Hagman, Hall, Harkey, Roger Hernández, Jones,  
            Jones-Sawyer, Levine, Linder, Lowenthal, Maienschein, Mansoor,  
            Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,  
            Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel  
            Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,  
            Ting, Torres, Wagner, Weber, Wieckowski, Wilk, Williams,  
            Yamada, John A. Pérez
          NO VOTE RECORDED:  Donnelly, Holden, Logue, Waldron, Vacancy


          AL:nl  6/25/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

                                   ****  END  ****




                                                                CONTINUED





                                                                     AB 464
                                                                     Page  
          5














































                                                                CONTINUED