BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1238


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          Date of Hearing:  January 21, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          1238 (Linder) - As Amended January 13, 2016


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill allows, if a request for a certified copy of a birth,  
          death, or marriage record is made electronically, an official to  
          accept an electronic acknowledgment verifying the identity of  
          the requestor using a remote identity proofing process to ensure  
          the requester is an authorized person.  It also specifies  
          security standards for the identity proofing process.










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          FISCAL EFFECT:


          1)This bill is permissive, thus it does not have direct costs to  
            the California Department of Public Health (CDPH). However,  
            allowing the use of an electronic option results in  
            significant cost pressure for one-time Information Technology  
            costs to CDPH to establish secure electronic verification  
            methodology for vital records (Health Statistics Special  
            Fund).   
          2)On an ongoing basis, the cost for moving to electronic  
            requests is uncertain.  There will be some ongoing technology  
            costs for a vendor to handle the authentication process, but  
            it could result in personnel cost savings.  It is worth noting  
            the cost to the consumer would be significantly less, even if  
            vital records fees were raised slightly, than the cost of  
            having to provide a sworn statement from a notary.


          3)Vital records fee revenue could potentially shift between the  
            state and counties, depending on whether and how the authority  
            in this bill is used.  If the state provides a secure and  
            consumer-friendly way to request vital records, it could lead  
            to a much larger volume of vital records requests coming in to  
            the state, and decrease demand to county systems, particularly  
            in counties that do not develop their own electronic systems.   
            If this occurred, a transfer of fee revenue from the counties  
            to the state could have significant fiscal consequences for  
            county clerks.  On the other hand, widespread adoption of  
            electronic systems by counties could have the opposite effect  
            of reducing demand and fee revenue for the state.  Although  
            fee revenue covers the costs of doing business for both the  
            state and counties, significant changes to demand and revenue  
            could disrupt operations, particularly for smaller counties.  


          COMMENTS:










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          1)Purpose. The state currently does not have authority to verify  
            identity in a completely automated way for purposes of vital  
            records.  This bill is intended to provide that authority,  
            allowing electronic authentication in lieu of requiring a  
            notarized affidavit of identity.  The author states local  
            agencies have established online systems for individuals to  
            request vital records, but the legal requirement for a  
            notarized affidavit poses a barrier to completing the entire  
            process electronically.  


          2)Background. Both the state and counties issue certified copies  
            of vital records, including birth, death, and marriage  
            certificates.  Current law requires a request for a certified  
            copy to either be made in person, or submitted with a  
            notarized affidavit of identity for mail, fax and online  
            requests. Although the state processes requests by mail, some  
            local agencies such as Los Angeles County have created online  
            systems.    


          3)Prior Legislation.  


             a)   AB 2275 (Ridley-Thomas) of 2013 was similar to this bill  
               and failed in the Senate Judiciary Committee.
             b)   AB 464 (Daly), Chapter 78, Statutes of 2013 allows for  
               requests of birth, death, and marriage certificates using  
               digitized images of a notarized statement.


          1)Support. Counties, clerks and election officials, and Little  
            Hoover Commission support this bill, citing potential for  
            improved efficiency, a higher level of service and lower  
            costs.  



          2)Opposition. American Civil Liberties Union (ACLU) of  








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            California, Consumer Federation of California and Privacy  
            Rights Clearinghouse oppose this bill, citing risk of identity  
            theft and threats to information privacy. 
          


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