BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2528
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          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  








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            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  








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            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  








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               exchange information in a compatible manner.  

           Analysis Prepared by  :    Lisa Murawski / APPR. / (916) 319-2081