BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2636 (Linder) - Certified copies of marriage, birth, and
death certificates: electronic application
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|Version: August 2, 2016 |Policy Vote: JUD. 7 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: August 8, 2016 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 2636 would authorize, until January 1, 2021, if a
request for a certified copy of a birth, death, or marriage
record is made electronically, a state or local official to
accept electronic acknowledgement verifying the identity of the
applicant using a multilayered remote identity proofing process,
as specified. This bill would require local agencies fulfilling
electronic requests for certified copies of records to report
specified information to the Attorney General and the
Legislature by January 1, 2019.
Fiscal
Impact:
Department of Public Health (DPH) : Potential staffing costs
of about $275,000 (General Fund or Special Fund*) through 2020
to support two positions should the DPH opt to establish a
secure online verification process. The estimated costs would
support two positions to manage a vendor contract for payment
processing and reconciling, as well as modifications to the
current customer request tracking system. The cost to contract
AB 2636 (Linder) Page 1 of
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with a private vendor to provide the electronic authentication
system and the public interface for accepting electronic
applications is undetermined at this time.
County registrar/recorder : Potentially significant one-time
and ongoing non-reimbursable local costs (Local Funds) for
local agencies to establish and operate a secure online
verification process.
Vital records fee revenue : Potential shift of fee revenues
collected by the state and local agencies should the DPH opt
to establish an electronic verification system. Data through
FY 2013-14 indicates that counties have historically processed
more than 90 percent of certified copy requests for vital
records each year. The adoption of an online verification
system by the DPH could increase state fee revenues, and
reduce the volume and demand for services in the counties,
resulting in reduced local fee revenues and unknown impacts on
local operations.
Attorney General : Potential minor one-time costs (General
Fund) to accept the information reported by local agencies on
the electronic verification process.
*Health Statistics Special Fund
Background: 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 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,
as specified. (Health and Safety Code § 103526.)
The Little Hoover Commission, in its 2015 report, A
Customer-Centric Upgrade for California Government, identified
opportunities for improved customer experience across state
government, including its vital records program. The report
noted that
Proposed Law:
This bill would authorize, until January 1, 2021, the State
Registrar, local registrar, or county recorder to accept
requests for certified copies of birth, death, or marriage
AB 2636 (Linder) Page 2 of
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records made electronically through electronic acknowledgement
verifying the identity of the applicant using a multilayered
remote identity proofing process that complies with all of the
following requirements:
Meets or exceeds the National Institute of Standards
and Technology (NIST) electronic authentication guideline
for multilayered remote identity proofing.
Verifies specified information provided by the
applicant.
Meets or exceeds the information security
requirements of the Uniform Electronic Transactions Act,
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.
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.
If an applicant's identity cannot be established
electronically as specified above, this bill requires the
applicant to include with his or her request a statement of
identity that has been notarized.
AB 2636 (Linder) Page 3 of
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This bill requires on or before January 1, 2019, a 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
to report the following information to the Attorney General, the
Assembly and Senate Judiciary Committees, and the Assembly
Committee on Privacy and Consumer Protection:
All of the following non-personally identifiable
information:
o The total number of written, electronic,
faxed, or in-person requests that include a notarized
statement that the requester is an authorized person.
o The total number of electronic requests
utilizing the multilayered remote identity proofing
process.
o The total number of electronic requests denied
while using the multilayered remote identity proofing
process due to insufficient information or failed
authentication.
o The total number of repeat electronic requests
using the multilayered remote identity proofing
process for the same record and the same individual.
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:
o The number of consumers who have utilized this
mechanism and process.
o 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.
o 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.
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
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of consumers who have used this mechanism and process.
Related
Legislation: AB 2275 (Ridley-Thomas) 2014 was similar in
purpose to this bill but did not include the level of data
security authentication required in this measure. AB 2275 failed
passage in the Senate Committee on Judiciary.
Recommended
Amendments: To the extent the DPH opts to fulfill electronic
requests for certified copies of birth, death, or marriage
records without being provided a notarized statement that the
requester is an authorized person, the author may wish to
consider an amendment to additionally require the DPH to report
to the AG with information on the newly adopted system.
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