BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 2636|
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                                   THIRD READING 


          Bill No:  AB 2636
          Author:   Linder (R) and Dababneh (D), et al.
          Amended:  8/16/16 in Senate
          Vote:     21 

           SENATE JUDICIARY COMMITTEE:  7-0, 6/28/16
           AYES:  Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,  
            Wieckowski

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 8/11/16
           AYES:  Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

           ASSEMBLY FLOOR:  80-0, 5/31/16 - See last page for vote

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


          SOURCE:    California State Association of Counties 
                     Urban Counties of California

          DIGEST:   This bill authorizes, 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 requires state and 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.


          ANALYSIS:  








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          Existing law:


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


                 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
                 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." (Health & Saf. Code Sec. 103526.)


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


                 The person who is the subject of the record or the  
               parent or legal guardian of that person;
                 A party who is entitled to receive the record as a  
               result of a court order;
                 Law enforcement or governmental agency personnel  
               conducting official business;
                 A child, grandchild, sibling, spouse, domestic partner,  
               or grandparent of the person who is the subject of the  
               record;
                 An attorney or other person empowered to act on behalf  
               of the person who is the subject of the record; or
                 An agent or employee of a funeral establishment who  
               orders death certificates when acting on behalf of  
               specified individuals. (Health & Saf. Code Sec. 103526  
               (c).)


          1)Provides that, in all other cases in which the requester does  







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            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.  Existing  
            law requires the certified copy to contain the statement  
            "INFORMATIONAL, NOT A VALID DOCUMENT TO ESTABLISH IDENTITY."   
            (Health & Saf. Code Sec. 103526 (b).)


          This bill: 


          1)Authorizes, until 2021, the State Registrar, or a local  
            registrar or county recorder to accept electronic  
            acknowledgement, if the applicant's identity is verified using  
            a multilayered remote identity proofing process that complies  
            with the following requirements: 


                 Meets or exceeds the National Institute of Standards and  
               Technology (NIST) electronic authentication guideline for  
               multilayered remote identity proofing; 
                 Verifies a valid government-issued identification  
               number, and a financial or utility account number; and
                 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.


          1)Requires that the verification must 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.


          2)Requires, on or before January 1, 2019, a city, county, or the  
            Department of Public Health 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  







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            Judiciary Committees, and the Assembly Committee on Privacy  
            and Consumer Protection:


                 The total number of written, electronic, faxed, or  
               in-person requests that include a notarized statement that  
               the requester is an authorized person.
                 The total number of electronic requests utilizing the  
               multilayered remote identity proofing process.
                 The total number of electronic requests denied while  
               using the multilayered remote identity proofing process due  
               to insufficient information or failed authentication.
                 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  
               of consumers who have used this mechanism and process.


          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  







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          California.  Certified copies of these records are available  
          from the State Registrar, the 58 county recorders, and 61 local  
          health jurisdictions.  


          In November 2001, it was reported that the state had sold the  
          birth records of more than 24 million Californians which were  
          then posted on the Internet. The Senate Insurance Committee held  
          an informational hearing in response, "Personal Privacy at  
          Risk," which demonstrated the ease with which identity thieves  
          could obtain personal information about others.  The  
          informational hearing also revealed that the State Registrar  
          routinely sold electronic compilations of public record  
          information to anyone who could pay for the records with no  
          restrictions on their use.  The records sold covered births from  
          1905 to 1995, and included the county of birth, the person's  
          full name, date of birth, and the person's mother's maiden name.  
           A mother's maiden name and date of birth are common personal  
          identifiers used by financial institutions to determine if a  
          person may have access to an individual account.  


          In order to prevent fraud and identity theft, the Legislature  
          has since enacted a number of protective measures with regard to  
          vital records, including AB 247 (Speier, Chapter 914, Statutes  
          of 2002) and AB 1614 (Speier, Chapter 712, Statutes of 2002)  
          which established controls for the release of, and access to,  
          birth and death records.  AB 130 (Jeffries, Chapter 412,  
          Statutes of 2009) extended the existing limitations on release  
          and access of birth and death records to marriage records in  
          order to prevent the unauthorized use of personal information.  
          Recently, AB 464 (Daly, Chapter 78, Statutes of 2013) updated  
          the law regarding vital records to allow digitized images to be  
          used, in addition to written or faxed documents, as part of a  
          request for a certified copy of a vital record.  Existing law  
          requires that these requests be accompanied by a notarized  
          statement, sworn under penalty of perjury, that the requester is  
          an authorized person. Instead of requiring a notarized  
          statement, which may also be scanned and mailed electronically,  
          this bill, which is substantially similar to AB 2275  
          (Ridley-Thomas, 2014), allows a registrar or county recorder to  
          accept electronic acknowledgment that the requester of a record  
          is an authorized person. 








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          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          According to the Senate Appropriations Committee: 




           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  
            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. 







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           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 




          SUPPORT:   (Verified8/15/16)


          California State Association of Counties (co-source)
          Urban Counties of California (co-source)
          California Association of Clerks and Election Officials
          California Association of County Veteran Service Officers
          Computing Technology Industry Association 
          County Health Executives Association of California 
          Little Hoover Commission
          Los Angeles County Board of Supervisors
          Riverside County Board of Supervisors
          Rural County Representatives of California 
          San Bernardino County
          Tarrant County Clerk's Office
          TechNet 


          OPPOSITION:   (Verified8/15/16)


          American Civil Liberties Union of California
          Privacy Rights Clearinghouse


          ARGUMENTS IN SUPPORT:     The California State Association of  
          Counties, sponsor, writes: 








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            California and Minnesota are the only two states in the nation  
            which currently require a notarized statement in conjunction  
            with the online request.  The option of being able to fully  
            submit an electronic request will significantly reduce  
            processing time for customers.  This process will also reduce  
            the overall cost for obtaining copies of vital records.  For  
            example, the current fee for a certified copy of a birth  
            certificate in Los Angeles County ranges from $23 to $28.  The  
            average notary fee for an affidavit is as much as $20.  The  
            total fee for someone requesting this record under the current  
            system of a partial online request could be as much as $50.   
            Contra Costa County processed 5,628 electronic orders last  
            year - the staff time involved in document matching would have  
            saved the county 1,426 staff hours or approximately 35 weeks  
            of work.


          ARGUMENTS IN OPPOSITION:     In opposition to this bill, the  
          Privacy Rights Clearinghouse (PRC) argues that notarized  
          statements of identity were created as a security precaution to  
          protect against fraud and identity theft and continue to be  
          necessary. PRC writes: 


            The 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.  
            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. 


            Vital records contain a wealth of personal information, which  
            if inappropriately released to the wrong person can result in  
            a significant violation of privacy.  Privacy is protected by  
            California's Constitution, and should not be set aside merely  
            to facilitate the issuance of vital records.









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          ASSEMBLY FLOOR:  80-0, 5/31/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth  
            Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,  
            Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper,  
            Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim,  
            Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,  
            Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,  
            O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez,  
            Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,  
            Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

          Prepared by:Nichole Rapier / JUD. / (916) 651-4113
          8/16/16 17:33:37


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