BILL ANALYSIS Ó AB 2636 Page 1 Date of Hearing: May 4, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2636 (Linder) - As Amended April 12, 2016 ----------------------------------------------------------------- |Policy |Health |Vote:|19 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Privacy and Consumer | |11 - 0 | | |Protection | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 Page 2 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. AB 2636 Page 3 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. AB 2636 Page 4 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