Amended in Senate August 16, 2016

Amended in Senate August 2, 2016

Amended in Assembly April 12, 2016

Amended in Assembly March 16, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2636

Introduced by Assembly Members Linder and Dababneh

(Coauthors: Assembly Members Brough, Chang, Chávez, Cristina Garcia, Kim, Lackey, Mathis, Mullin, Obernolte, O'Donnell, and Olsen)

(Coauthor: Senator Hertzberg)

February 19, 2016

An act to amend, repeal, and add Section 103526 of, and to add and repeal Section 103527.5 of, the Health and Safety Code, relating to vital records.

LEGISLATIVE COUNSEL’S DIGEST

AB 2636, as amended, Linder. Certified copies of marriage, birth, and death certificates: electronic application.

Under existing law, a certified copy of a birth, death, marriage, or military service record may only be supplied by the State Registrar, local registrar, or county recorder to an authorized person, as defined, who submits a written, faxed, or digitized image request accompanied by a notarized statement sworn under penalty of perjury that the applicant is an authorized person.

This bill would, until January 1, 2021, if the request for a certified copy of a birth, death, or marriage record is made electronically, authorize the official to accept an electronic acknowledgment verifying the identity of the applicant using a multilayered remote identity proofing process. If an applicant’s identity cannot be established electronically, the bill would require the applicant to include with his or her request a statement of identity notarized pursuant to existing law. The bill would require the verification to comply with specified provisions and protect the personal information of the applicant and guard against identity theft. The bill would require begin delete a end delete begin insert the State Registrar and any end insert city or county that fulfills electronic requests without a notarized statement of identity to report to the Attorney General and the Legislature on or before January 1, 2019, regarding the number and types of requests and the availability of consumer protection mechanisms, as specified.

begin insert

This bill would authorize the State Department of Public Health to implement its procedures relating to electronic verification through an all-county letter or similar instruction from the State Registrar without taking regulatory action. The bill would specifically authorize the department to accept an electronic verification of identity accompanied by an electronic statement sworn under penalty of perjury for the above purposes. By expanding the crime of perjury, the bill would impose a state-mandated local program.

end insert begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

SECTION 1.  

Section 103526 of the Health and Safety Code
is amended to read:

103526.  

(a) (1) If the State Registrar, local registrar, or county
recorder receives a written, faxed, electronic, or digitized image
of a request for a certified copy of a birth, death, or marriage record
pursuant to Section 103525 that is accompanied by a notarized
statement sworn under penalty of perjury, begin insert an electronic verification
of identity accompanied by an electronic statement sworn under
penalty of perjury, end insert or a faxed copy or digitized image of a notarized
statement sworn under penalty of begin delete perjury, end delete begin insert perjury end insert that the applicant
is an authorized person, as defined in this section, that official may
furnish a certified copy to the applicant pursuant to Section 103525.

(2) A faxed or digitized image of the notary acknowledgment
accompanying a faxed request received pursuant to this subdivision
for a certified copy of a birth, death, or marriage record shall be
legible and, if the notary’s seal is not photographically
reproducible, show the name of the notary, the county of the
notary’s principal place of business, the notary’s telephone number,
the notary’s registration number, and the notary’s commission
expiration date typed or printed in a manner that is photographically
reproducible below, or immediately adjacent to, the notary’s
signature in the acknowledgment. If a request for a certified copy
of a birth, death, or marriage record is made in person, the official
shall take a statement sworn under penalty of perjury that the
applicant is signing his or her own legal name and is an authorized
person, and that official may then furnish a certified copy to the
applicant.

(3) (A) If a request for a certified copy of a birth, death, or
marriage record is made electronically, the official may accept an
electronic begin delete acknowledgment verifying end delete begin insert verification authenticating end insert
the identity of the applicant using a multilayered remote identity
proofing process that complies with all of the following
requirements:

(i) Meets or exceeds the National Institute of Standards and
Technology (NIST) electronic authentication guideline for
multilayered remote identity proofing.

(ii) (I) Verifies all of the following information provided by
the applicant:

(ia) A valid government-issued identification number.

(ib) A financial or utility account number.

(II) The verification pursuant to this subparagraph shall occur
through record checks with the state or local agency or a credit
reporting agency or similar database and shall confirm that the
name, date of birth, address, or other personal information in the
record checks are consistent with the information provided by the
applicant.

(iii) Meets or exceeds the information security requirements of
the Uniform Electronic Transactions Act (Title 2.5 (commencing
with Section 1633.1) of Part 2 of Division 3 of the Civil Code)
and the Federal Information Security Management Act of 2002
(Public Law 107-347) and all other applicable state and federal
laws and regulations to protect the personal information of the
applicant and guard against identity theft.

(iv) Retains for each electronic verification, as required by the
NIST electronic authentication guideline, a record of the applicant
whose identity has been verified and the steps taken to verify the
identity.

(B) If an applicant’s identity cannot be established electronically
pursuant to this paragraph, the applicant shall include with his or
her request a statement of identity notarized pursuant to paragraph
(1).

(4) For purposes of this subdivision, “digitized image” means
an image of an original paper request for a certified copy of a birth,
death, or marriage record.

(b) (1) If the person requesting a certified copy of a birth, death,
or nonconfidential marriage record is not an authorized person or
is an authorized person who is otherwise unable to satisfy the
requirements of subdivision (a), the certified copy provided to the
applicant shall be an informational certified copy and shall display
a legend that states “INFORMATIONAL, NOT A VALID
DOCUMENT TO ESTABLISH IDENTITY.” The legend shall
be placed on the certificate in a manner that will not conceal
information.

(2) If the person requesting a certified copy of a confidential
marriage record is not an authorized person or is an authorized
person who is otherwise unable to satisfy the requirements of
subdivision (a), the official shall not release a certified copy of the
confidential marriage record unless otherwise authorized by law.

(c) For purposes of this section, an “authorized person” means:

(1) For purposes of requests for certified copies of confidential
marriage records, only a party to the confidential marriage.

(2) For purposes of requests for certified copies of birth, death,
or nonconfidential marriage records, a person who is any of the
following:

(A) The registrant or a parent or legal guardian of the registrant.

(B) A party entitled to receive the record as a result of a court
order, or an attorney or a licensed adoption agency seeking the
birth record in order to comply with the requirements of Section
3140 or 7603 of the Family Code.

(C) A member of a law enforcement agency or a representative
of another governmental agency, as provided by law, who is
conducting official business.

(D) A child, grandparent, grandchild, sibling, spouse, or
domestic partner of the registrant.

(E) An attorney representing the registrant or the registrant’s
estate, or any person or agency empowered by statute or appointed
by a court to act on behalf of the registrant or the registrant’s estate.

(F) An agent or employee of a funeral establishment who acts
within the course and scope of his or her employment and who
orders certified copies of a death certificate on behalf of an
individual specified in paragraphs (1) to (5), inclusive, of
subdivision (a) of Section 7100.

(d) A person who asks the agent or employee of a funeral
establishment to request a death certificate on his or her behalf
warrants the truthfulness of his or her relationship to the decedent
and is personally liable for all damages occasioned by, or resulting
from, a breach of that warranty.

(e) Notwithstanding any other law:

(1) A member of a law enforcement agency or a representative
of a state or local government agency, as provided by law, who
orders a copy of a record to which subdivision (a) applies in
conducting official business shall not be required to provide the
notarized statement required by subdivision (a).

(2) An agent or employee of a funeral establishment who acts
within the course and scope of his or her employment and who
orders death certificates on behalf of individuals specified in
paragraphs (1) to (5), inclusive, of subdivision (a) of Section 7100
shall not be required to provide the notarized statement required
by subdivision (a).

(f) Informational certified copies of birth and death certificates
issued pursuant to subdivision (b) shall only be printed from the
single statewide database prepared by the State Registrar and shall
be electronically redacted to remove any signatures for purposes
of compliance with this section. Local registrars and county
recorders shall not issue informational certified copies of birth and
death certificates from a source other than the statewide database
prepared by the State Registrar. This subdivision shall become
operative on July 1, 2007, but only after the statewide database
becomes operational and the full calendar year of the birth and
death indices and images is entered into the statewide database
and is available for the respective year of the birth or death
certificate for which an informational copy is requested. The State
Registrar shall provide written notification to local registrars and
county recorders as soon as a year becomes available for issuance
from the statewide database.

begin insert

(g) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), the department may implement and administer the changes
made to this section by the act that added this subdivision through
an all-county letter or similar instructions from the State Registrar
without taking regulatory action.

end insert begin delete

(g)

end delete

begin insert (h) end insert  This section shall remain in effect only until January 1, 2021,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2021, deletes or extends that date.

SEC. 2.  

Section 103526 is added to the Health and Safety Code,
to read:

103526.  

(a) (1) If the State Registrar, local registrar, or county
recorder receives a written, faxed, or digitized image of a request
for a certified copy of a birth, death, or marriage record pursuant
to Section 103525 that is accompanied by a notarized statement
sworn under penalty of perjury, or a faxed copy or digitized image
of a notarized statement sworn under penalty of perjury, that the
requester is an authorized person, as defined in this section, that
official may furnish a certified copy to the applicant pursuant to
Section 103525. A faxed or digitized image of the notary
acknowledgment accompanying a faxed request received pursuant
to this subdivision for a certified copy of a birth, death, or marriage
record shall be legible and, if the notary’s seal is not
photographically reproducible, show the name of the notary, the
county of the notary’s principal place of business, the notary’s
telephone number, the notary’s registration number, and the
notary’s commission expiration date typed or printed in a manner
that is photographically reproducible below, or immediately
adjacent to, the notary’s signature in the acknowledgment. If a
request for a certified copy of a birth, death, or marriage record is
made in person, the official shall take a statement sworn under
penalty of perjury that the requester is signing his or her own legal
name and is an authorized person, and that official may then furnish
a certified copy to the applicant.

(2) For purposes of this subdivision, “digitized image” means
an image of an original paper request for a certified copy of a birth,
death, or marriage record.

(b) (1) If the person requesting a certified copy of a birth, death,
or nonconfidential marriage record is not an authorized person or
is an authorized person who is otherwise unable to satisfy the
requirements of subdivision (a), the certified copy provided to the
applicant shall be an informational certified copy and shall display
a legend that states “INFORMATIONAL, NOT A VALID
DOCUMENT TO ESTABLISH IDENTITY.” The legend shall
be placed on the certificate in a manner that will not conceal
information.

(2) If the person requesting a certified copy of a confidential
marriage record is not an authorized person or is an authorized
person who is otherwise unable to satisfy the requirements of
subdivision (a), the official shall not release a certified copy of the
confidential marriage record unless otherwise authorized by law.

(c) For purposes of this section, an “authorized person” means:

(1) For purposes of requests for certified copies of confidential
marriage records, only a party to the confidential marriage.

(2) For purposes of requests for certified copies of birth, death,
or nonconfidential marriage records, a person who is any of the
following:

(A) The registrant or a parent or legal guardian of the registrant.

(B) A party entitled to receive the record as a result of a court
order, or an attorney or a licensed adoption agency seeking the
birth record in order to comply with the requirements of Section
3140 or 7603 of the Family Code.

(C) A member of a law enforcement agency or a representative
of another governmental agency, as provided by law, who is
conducting official business.

(D) A child, grandparent, grandchild, sibling, spouse, or
domestic partner of the registrant.

(E) An attorney representing the registrant or the registrant’s
estate, or any person or agency empowered by statute or appointed
by a court to act on behalf of the registrant or the registrant’s estate.

(F) An agent or employee of a funeral establishment who acts
within the course and scope of his or her employment and who
orders certified copies of a death certificate on behalf of any
individual specified in paragraphs (1) to (5), inclusive, of
subdivision (a) of Section 7100.

(d) A person who asks the agent or employee of a funeral
establishment to request a death certificate on his or her behalf
warrants the truthfulness of his or her relationship to the decedent,
and is personally liable for all damages occasioned by, or resulting
from, a breach of that warranty.

(e) Notwithstanding any other law:

(1) A member of a law enforcement agency or a representative
of a state or local government agency, as provided by law, who
orders a copy of a record to which subdivision (a) applies in
conducting official business shall not be required to provide the
notarized statement required by subdivision (a).

(2) An agent or employee of a funeral establishment who acts
within the course and scope of his or her employment and who
orders death certificates on behalf of individuals specified in
paragraphs (1) to (5), inclusive, of subdivision (a) of Section 7100
shall not be required to provide the notarized statement required
by subdivision (a).

(f) Informational certified copies of birth and death certificates
issued pursuant to subdivision (b) shall only be printed from the
single statewide database prepared by the State Registrar and shall
be electronically redacted to remove any signatures for purposes
of compliance with this section. Local registrars and county
recorders shall not issue informational certified copies of birth and
death certificates from a source other than the statewide database
prepared by the State Registrar. This subdivision shall become
operative on July 1, 2007, but only after the statewide database
becomes operational and the full calendar year of the birth and
death indices and images is entered into the statewide database
and is available for the respective year of the birth or death
certificate for which an informational copy is requested. The State
Registrar shall provide written notification to local registrars and
county recorders as soon as a year becomes available for issuance
from the statewide database.

(g) This section shall become operative January 1, 2021.

SEC. 3.  

Section 103527.5 is added to the Health and Safety
Code, to read:

103527.5.  

(a) On or before January 1, 2019, begin delete a end delete begin insert the State
Registrar and any end insert city or county that fulfills electronic requests
for certified copies of birth, death, or marriage records without
being provided a notarized statement that the requester is an
authorized person shall report the following information to the
Attorney General, the Assembly and Senate begin delete Judiciary Committees, end delete
begin insert Committee on Judiciary, end insert and the Assembly Committee on Privacy
and Consumer Protection:

(1) All of the following nonpersonally identifiable information:

(A) The total number of written, electronic, faxed, or in-person
requests that include a notarized statement that the requester is an
authorized person.

(B) The total number of electronic requests utilizing the
multilayered remote identity proofing process described in Section
103526 that do not include a notarized statement.

(C) The total number of electronic requests denied while using
the multilayered remote identity proofing process due to
insufficient information or failed authentication.

(D) The total number of repeat electronic requests using the
multilayered remote identity proofing process for the same record
and the same individual.

(2) A description of the mechanism and process, if any, by which
consumers who have been victims of identity theft may temporarily
limit electronic access to certified vital records, including all of
the following:

(A) The number of consumers who have utilized this mechanism
and process.

(B) The total number of electronic requests that utilize the
multilayered remote identity proofing process, without a notarized
statement, requesting records of consumers who have used the
temporary limited access mechanism and process.

(C) The total number of electronic requests for records of
consumers who have utilized this temporary limited access
mechanism and process that were denied while using the
multilayered remote identity proofing process.

(3) A description of the mechanism and process by which a
consumer may report identity theft resulting from an alleged
fraudulent records request, as well as the number of consumers
who have used this mechanism and process.

(b) This section shall remain in effect only until January 1, 2021,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2021, deletes or extends that date.

begin insert

begin insert SEC. 4. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

end insert