BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2636


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          Date of Hearing:  March 29, 2016 


                            ASSEMBLY COMMITTEE ON HEALTH


                                   Jim Wood, Chair


          AB 2636  
          Linder - As Amended March 16, 2016


          SUBJECT:  Certified copies of marriage, birth, and death  
          certificates: electronic application.


          SUMMARY:  Allows an official, if an electronic request for a  
          certified copy of a birth, death, or marriage record is made, to  
          accept an electronic acknowledgment verifying the identity of  
          the requester using a remote identity proofing process to ensure  
          the requester is an authorized person, as specified.  
          Specifically, this bill:  


          1)Authorizes the State Registrar, or a local registrar or county  
            recorder to accept electronic acknowledgement, sworn under  
            penalty of perjury, that the requester of a marriage, birth,  
            or death certificate is an authorized person. 



          2)Requires the electronic request for vital records to utilize a  
            method for the official to establish the identity of the  
            requester using a remote identity proofing process, as  
            specified.
           
          3)Requires that the method to process electronic requests and to  
            establish the requester's identity meet all the following  








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            requirements: 



             a)   Be aligned with federal guidelines for security and  
               privacy; 

             b)   Include, at minimum, dynamic knowledge-based  
               authentication or an identity proofing method consistent  
               with the electronic authentication guidelines of the  
               National Institute of Standards and Technology (NIST); 



             c)   Comply with the provisions of the California Uniform  
               Electronic Transactions Act; and,



             d)   Comply with all other applicable state and federal laws  
               and regulations to protect the personal information of the  
               requester and guard against identity theft. 



          4)Provides that if a requester's identity cannot be established  
            electronically pursuant to 3) above, the requester may  
            accompany his or her request with a notarized statement of  
            identity. 



          EXISTING LAW:





          1)Charges the Office of Vital Records, within the California  








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            Department of Public Health, 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.   



          2)Allows the State Registrar, local registrar, or county  
            recorder to furnish a certified copy of birth, death, or  
            marriage to applicants upon request if:



             a)   The request is written, faxed, or a digitized image and  
               accompanied by a notarized statement that is written,  
               faxed, or a digitized image, sworn under penalty of  
               perjury, that the requester is an authorized person, as  
               defined; or,



             b)   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."

          3)Defines "authorized person," for purposes of obtaining  
            certified copies of birth, death, or marriage records, as any  
            of the following:



             a)   The person who is the subject of the record or the  
               parent or legal guardian of that person;

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








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             c)   Law enforcement or governmental agency personnel  
               conducting official business;



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



             e)   An attorney or other person empowered to act on behalf  
               of the person who is the subject of the record; or,



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

          4)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.  Requires  
            the certified copy to contain the statement "INFORMATIONAL,  
            NOT A VALID DOCUMENT TO ESTABLISH IDENTITY."


          FISCAL EFFECT:  This bill has not been analyzed by a fiscal  
          committee. 


          COMMENTS:  








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          1)PURPOSE OF THIS BILL.  According to the author, individuals  
            seeking vital records in California suffer longer wait times  
            and pay significantly higher fees than individuals seeking  
            records in most other states due to outdated statutes that  
            govern vital records request policies.  The author states that  
            county and local staff are significantly burdened by current  
            policies that dictate that a vital records request may only be  
            partially competed online, followed by a notarized affidavit  
            submitted on paper.  This hybrid system of online requesting  
            means, practically, that a vital records request cannot be  
            processed without countless of hours of county staff time  
            wasted because staff must manually attach related documents  
            for each individual request as supporting documentation is  
            submitted.  The author further asserts that California's  
            policies are drastically out of step with national trends to  
            increase access to vital government services through online  
            technologies, as 34 other states and 171 local jurisdictions  
            allow for digital authentication of vital records requests  
            online as a standard matter of practice. 


          2)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.


          3)ELECTRONIC AUTHENTICATION GUIDELINES.  Electronic  
            authentication (e-authentication) is the process of  
            establishing confidence in user identities electronically  
            presented to an information system.  E-authentication presents  
            a technical challenge when this process involves the remote  
            authentication of individual people over an open network (i.e.  








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            the internet), for the purpose of electronic government and  
            commerce.  The NIST, under the U.S. Department of Commerce,  
            released guidelines in 2013 to provide technical guidance to  
            agencies to allow an individual to remotely authenticate his  
            or her identity to a federal IT system.  These guidelines  
            address only traditional, widely implemented methods for  
            remote authentication based on secrets. With these methods,  
            the individual whose identity is authenticated proves that he  
            or she knows or possesses some secret information. 


          4)EXECUTIVE ORDER ON SECURING CONSUMER DATA ONLINE.  In response  
            to several high profile consumer data breaches, potentially  
            leading to credit card fraud and identity crimes, President  
            Obama issued an executive order on October 17, 2014, aimed at  
            improving the security of consumer financial transactions.   
            The Executive Order states that "given that identity crimes,  
            including credit, debit, and other payment card fraud,  
            continue to be a risk to U.S. economic activity, and given the  
            economic consequences of data breaches, the United States must  
            take further action to enhance the security of data in the  
            financial marketplace.  While the U.S. Government's credit,  
            debit, and other payment card programs already include  
            protections against fraud, the Government must further  
            strengthen the security of consumer data and encourage the  
            adoption of enhanced safeguards nationwide in a manner that  
            protects privacy and confidentiality while maintaining an  
            efficient and innovative financial system."  In part, the  
            order directed the National Security Council staff, the Office  
            of Science and Technology Policy, and Office of Management and  
            Budget to present to the President by March, 2016 a plan to  
            ensure that all agencies making personal data accessible to  
            citizens through digital applications require the use of  
            multiple factors of authentication and an effective identity  
            proofing process, as appropriate.  


          5)SUPPORT.  The Urban Counties Caucus, cosponsor of this bill,  
            writes in support that counties process thousands of these  








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            types of requests which can be very time consuming for both  
            county staff and consumers.  This bill would provide a more  
            user-friendly way to get access to these records through  
            established systems that verify the user's identity which  
            could provide significant cost savings to counties and provide  
            better customer service.  The California State Association of  
            Counties, cosponsor of the bill, states that updating vital  
            records requests could also reduce the overall cost for  
            consumers when obtaining vital records.  The current fee for a  
            certified copy of a birth certificate in Los Angeles County  
            ranges from $23 to $28, and the average notary fee is an  
            additional $20.  


          6)OPPOSITION.  Privacy Rights Clearinghouse (PRC) opposes on the  
            grounds that substitution of an electronic acknowledgement for  
            a notarized affidavit will facilitate the ability of identity  
            thieves and other fraudsters to obtain vital records that can  
            then be used to engage in criminal acts against Californians.   
            Vital records contain a wealth of personal information, which  
            if inappropriately released to the wrong person can result in  
            significant privacy violations.  PRC further states that any  
            legislation expanding the ability to obtain vital records  
            online much have sufficient protections in place to protect  
            Californians' sensitive personal information and prevent  
            identity theft and other fraudulent activity. 


          7)PREVIOUS LEGISLATION.  


             a)   AB 1238 (Linder) of 2015, substantially similar to this  
               bill, was held in the Assembly Appropriations Committee  
               suspense file.  



             b)   AB 2275 (Ridley-Thomas) of 2014 was identical to this  
               bill and failed passage in the Senate Judiciary Committee. 








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             c)   AB 464 (Daly), Chapter 78, Statutes of 2013, allows  
               digitized images, as defined, to be included as part of a  
               request for a certified copy of a birth, death, or marriage  
               record.



             d)   AB 130 (Jeffries), Chapter 412, Statutes of 2009,  
               extends the existing limitations on the release and access  
               of birth and death records to marriage records in order to  
               prevent the unauthorized use of personal information.



             e)   SB 471 (Margett) of 2007 would have required any  
               individual, authorized by law to obtain a certified copy of  
               a birth or death certificate, to show proof of  
               identification when the request is made in person, except  
               when the individual has been a victim of identity theft.   
               SB 471 died in the Senate Health Committee.



             f)   AB 247 (Speier), Chapter 914, Statutes of 2002,  
               authorizes the State Registrar, local registrar, or county  
               recorder to provide a certified copy of a birth or death  
               record to an authorized person who submits a statement  
               sworn under penalty of perjury that the  requester is  
               signing his or her own legal name and is an authorized  
               person. 


          8)DOUBLE REFERRAL.  This bill is double referred.  Upon passage  
            of this Committee, this bill will be referred to the Assembly  
            Committee on Privacy and Consumer Protection.









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          9)POLICY COMMENT.  Vital records contain a wealth of personal  
            information, which if inappropriately released to the wrong  
            person could result in a significant violation of privacy.   
            Privacy is protected by California's Constitution, and must be  
            protected with the highest possible standards.  Certified  
            copies of birth certificates can be used to fraudulently  
            obtain many other important documents such as passports,  
            driver's licenses, and identification cards.  Certified copies  
            of death certificates can be used to fraudulently obtain  
            decedents' death benefits, including life insurance proceeds  
            and investment accounts.  Given the inherent difficulties in  
            verifying the identity of an individual over the Internet, and  
            the countless opportunities for identity theft that vital  
            records in the wrong hands could create, very strong  
            protections must be in place to ensure that vital records are  
            safely maintained.  The committee may wish to consider whether  
            the security standards set forth in this bill are sufficient  
            to protect against identity theft. 




























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          REGISTERED SUPPORT / OPPOSITION:




          Support


          California State Association of Counties (cosponsor)


          Urban Counties Caucus (cosponsor)


          California Association of Clerks and Election Officials


          California Association of County Veteran Service Officers


          Computing Technology Industry Association


          County Health Executives Association of California


          County of San Bernardino


          Little Hoover Commission


          Los Angeles County Board of Supervisors


          Riverside County Board of Supervisors










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          Rural County Representatives of California
          TechNet




          Opposition


          Privacy Rights Clearinghouse




          Analysis Prepared by:Dharia McGrew / HEALTH / (916) 319-2097