BILL ANALYSIS Ó AB 2528 Page 1 Date of Hearing: April 30, 2014 ASSEMBLY COMMITTEE ON APPROPRIATIONS Mike Gatto, Chair AB 2528 (Skinner) - As Amended: April 1, 2014 Policy Committee: HealthVote:16-2 Urgency: No State Mandated Local Program: Yes Reimbursable: Yes SUMMARY This bill requires the State Registrar to ensure that diacritical marks on English letters are properly recorded on birth certificates, death certificates, certificates of fetal death, and marriage licenses , including, but not limited to, accents, tildes, graves, umlauts, and cedillas, and to develop procedures to include other reasonable requests relating to names on these documents. It also creates substantially similar requirements for the Secretary of State, relating to certificates of registered domestic partnerships, and the Department of Motor Vehicles, relating to identification cards. FISCAL EFFECT This bill will have the following one-time information technology (IT) costs: 1)Department of Public Health (DPH): Indeterminate, likely significant reprogramming costs for the Automated Vital Statistics System, the FileNET/AVSS Integration System, the Electronic Death Registration System (EDRS), and the Fetal Death Registration System (FDRS) (Health Statistics Special Fund). 2)Secretary of State (SOS): Potential costs in excess of $10 million for reprogramming and upgrades of hardware and software (GF/ Help America Vote Act Trust Fund). 3)Department of Motor Vehicles (DMV): Costs, potentially in the millions of dollars, if it is possible to comply with the AB 2528 Page 2 bill's requirements via reprogramming and/or upgrades. It is unclear whether it is possible to reprogram existing DMV IT systems to handle diacritical marks. If system replacement is necessary in order to comply with this bill, costs would be much higher (Vehicle License Fund). 4)Unknown, potentially significant state-reimbursable mandate GF costs. Each local registration district and county recorder has their own indexing system for birth certificate data that is transmitted to the state, and counties have their own systems and vendors to track marriage licenses. Costs could easily be in the tens of millions of dollars if significant systems upgrades are required across the state. Ongoing and training costs are expected to be minor and absorbable. COMMENTS 1)Purpose . According to the author, names are symbolic, stick with a person forever, and are often tied to cultural traditions. The author believes the state should ensure the proper recording of names on birth certificates and other identifying documents. 2)Background . Diacritical marks include, but are not limited to: grave or acute accents (è or á) and tildes (ñ or ã) commonly found in Spanish language names, umlauts (ö or ü) used in German, and cedillas (ç or _) found in French, Turkish, and other languages. Many IT systems in use at state departments appear to be unable to accept such markings. It does not appear the state has a specific policy on the use of diacritic marks, other than a default policy to use only standard English characters marks on identifying documents. The data system used by DMV cannot even accept lower-case letters, for example. 3)Concerns . The County Recorder's Association of California notes concerns with this bill, particularly around how it may impact their ability to create a searchable index from birth certificates that would allow them to locate a person's birth certificate record. They indicate if marks are inaccurately coded in the process of creating a searchable index, it may result in a delayed response time or the inability to AB 2528 Page 3 accurately locate the record. 4)Staff Comments. a) Mismatch with Federal Identification Documents. Accepting diacritical marks on California identifying documents raises the potential issue of mismatch with federal identification documents. It is unclear whether there may be implications for security, air travel, issuance of new identifying documents, or other purposes. The Social Security Administration, for example, allows the use of letters (without diacritical marks), spaces, hyphens, and apostrophes only. An application for a US passport does not make it clear what characters are allowed; however, information provided by the US Department of State passport information line indicates only standard letter characters are acceptable. The International Civil Aviation Organization, a United Nations Specialized Agency that facilitates air travel and recommends specifications for passports, specifies that for machine-readable fields, diacritical marks should not be allowed on passports. For example, the DMV uses a real-time electronic verification with Social Security Administration to verify identification. If diacritical marks are on the identity documents provided to DMV and DMV attempts to verify the name using the electronic system, the DMV may have difficulty establishing a match, potentially causing problems for consumers. b) May Only Apply to Persons Born after Systems are Implemented . Because birth certificates are used to establish identity for other documents, such as a driver's license, the opportunity to include a diacritical mark on identifying documents may be limited to persons born after this bill is implemented, unless an individual seeks a legal name change. c) Standardization. Numerous diacritical marks exist. The author may wish to standardize, or authorize departments to collectively standardize, the set of diacritical marks that are acceptable for purposes of state identifying documents in order to limit cost impacts and ensure systems can AB 2528 Page 4 exchange information in a compatible manner. Analysis Prepared by : Lisa Murawski / APPR. / (916) 319-2081