BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2636


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          Date of Hearing:  May 4, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2636 (Linder) - As Amended April 12, 2016


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          |             |Privacy and Consumer           |     |11 - 0       |
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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill allows, if a request is made electronically for a  
          certified copy of a birth, death, or marriage record, an  
          official to accept an electronic acknowledgment verifying the  








                                                                    AB 2636


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          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.


          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 to CDPH to establish secure  
            electronic verification methodology for vital records. 
            If CDPH established online verification, it is anticipated  
            that two staff would be needed to managed a vendor contract  
            and support the information technology needs for a cost of  
            $270,000 annually (Health Statistics Special Fund).   Costs  
            for authentication would be paid by the consumer. It is worth  
            noting the cost to the consumer for digital authentication  
            would likely be significantly less than the cost of having to  
            provide a sworn statement from a notary.


          2)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.  








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          COMMENTS:


          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 1238 (Linder) was substantially similar to this bill  
               and was held on the Suspense File of this Committee.   
             b)   AB 2275 (Ridley-Thomas) of 2013 was similar to this bill  
               and failed in the Senate Judiciary Committee.


             c)   AB 464 (Daly), Chapter 78, Statutes of 2013, allows for  
               requests of birth, death, and marriage certificates using  
               digitized images of a notarized statement.









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          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. Privacy Rights Clearinghouse oppose this bill,  
            citing risk of identity theft and threats to information  
            privacy.  American Civil Liberties Union (ACLU) of California  
            is opposed unless amended and it seeks amendments related to  
            identity theft. 
          





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