CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1152

Author:(Holden)

As Amended Ver:June 10, 2019

Majority vote

SUMMARY:

Exempts a local registrar that exclusively serves a city from the existing requirement to dispose of birth and death records after two years when the original copies of the records are on file in the office of the State Registrar and copies of the records are on file in the office of the county recorder.

The Senate Amendments:

COMMENTS:

1. State Registrar. The Office of Vital Records (VR) within the Department of Public Health (DPH) is the State Registrar for the State of California. The State Registrar is charged with 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 which maintains a permanent, public record of every birth and death that has occurred in California since July 1905, and has more than 50 million records on file. The State Registrar is a separate entity from local registrars and county recorders, but has supervisory power over local registrars.
2. Local Registrars and County Recorders. Health officers of local health departments serve as the local registrars for their respective health jurisdiction, and perform all the duties of a local registrar of births and deaths. Before birth and death records are registered with the State Registrar, the records are first registered by the county health department and recorded by the county recorder’s office in the local jurisdiction where the birth or death took place. The county health department keeps birth and death records for current year events and one year prior, but records for all years are maintained by the county recorder. If an amendment is made to a vital record the State Registrar sends the updates to the county recorder, not the local registrar. An individual residing in a county can get accurate copies from their jurisdiction’s county records office (including satellite facilities) either in person or through mail and online services. According to DPH, the three city-run registrars have the capabilities to ensure that vital records documents are updated and correct through access to the state database of vital records certificates in order to obtain and issue accurate copies of the most current vital certificates. In addition, DPH provides all local registrars, including the three city-run registrars updated notices when a vital record has been amended and a notice instructing the city-run registrar that a specific vital record is required to be sealed and replaced with an amended record.

Since the passage of AB 2561 (Flora), Chapter 147, Statutes of 2018 it has emerged that there are three local registrars that exclusively serve cities: Pasadena, Berkley, and Long Beach, and in order for individuals in these jurisdictions to amend or get copies of their records, they have to travel farther to the appropriate county recorder’s office. For example, in Pasadena, the closest county registrar’s office is more than eight miles away. According to the author, individuals in these cities that are low income or lack stable housing, obtaining appropriate records under current law is difficult. Thus, this bill would create an exemption for local registrars in these three cities to be exempt from the requirement that they have to dispose of vital records after two years.

The Senate amendments were technical and clarifying.

According to the Author:

It is crucial for local registrars to have the ability to serve the communities they are closely tied to. By cutting out local registrars in the cities of Pasadena, Long Beach and Berkeley, existing law enacted by AB 2561 (Flora), Chapter 147, Statutes of 2018, hurts residents when they are most in need. AB 2561, according to the author, created confusion for residents in these areas about where to go and how to make amendments for vital records. The author states that existing law increased travel time for residents, making it more difficult for people with little means to gain access to social service programs that require birth certificates and additionally burdens cities in the long term when these offices face budget shortfalls.

Arguments in Support:

According to the City of Pasadena, DPH manages the Vital Records Image Redaction and Statewide Access (VRIRSA) database and offers secure access to all local health jurisdictions including the Pasadena Public Health Department. The city states that they currently sell birth and death certificates and pertinent amendments, downloaded from VRIRSA, for life events occurring within the jurisdiction.

Arguments in Opposition:

There is no known opposition.

FISCAL COMMENTS:

According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

VOTES:

ASM HEALTH: 15-0-0

YES: Wood, Mayes, Aguiar-Curry, Bigelow, Bonta, Burke, Carrillo, Flora, Limón, McCarty, Nazarian, Ramos, Rodriguez, Santiago, Waldron

ASM APPROPRIATIONS: 18-0-0

YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Friedman, Fong, Gabriel, Eduardo Garcia, Maienschein, Obernolte, Petrie-Norris, Jones-Sawyer, Robert Rivas

ASSEMBLY FLOOR: 76-0-4

YES: Aguiar-Curry, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Obernolte, Patterson, Petrie‑Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Waldron, Weber, Wicks, Wood, Rendon

ABS, ABST OR NV: Arambula, Chen, Dahle, Voepel

SENATE FLOOR: 39-0-1

YES: Allen, Archuleta, Atkins, Bates, Beall, Bradford, Caballero, Chang, Dahle, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk

ABS, ABST OR NV: Borgeas

UPDATED:

VERSION: June 10, 2019

CONSULTANT: Marissa Kraynak / HEALTH / (916) 319-2097 FN: 0001280

 CONSENT  

Bill No: AB 1152

Author: Holden (D)

Amended: 6/10/19 in Senate

Vote: 21

SENATE HEALTH COMMITTEE: 9-0, 6/19/19

AYES: Pan, Stone, Lena Gonzalez, Grove, Hurtado, Leyva, Mitchell, Monning, Rubio

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 76-0, 5/9/19 (Consent) - See last page for vote

SUBJECT: Vital records

SOURCE: City of Pasadena

DIGEST:

This bill permits local registrars that exclusively serve cities to issue vital recorders older than two years if the record issued is the most accurate record on file with the State Registrar.

ANALYSIS:

Existing law:

1. Establishes the Department of Public Health (DPH) and sets forth its powers and duties, including, but not limited to, the duties as State Registrar relating to vital records and health statistics. [HSC §102100, et seq.]
2. Requires the State Registrar, local registrar, or county recorder, upon request and payment of a fee, to supply an applicant with a certified copy of the record of a birth, fetal death, death, marriage, or marriage dissolution registered with the official. [HSC §103525]
3. Requires a local registrar of births and deaths, after two years from the date of registration and with the approval of, and under the supervision of, the State Registrar, to dispose of the local registrar’s copies of the records, if both of the following exist:
   1. The original copies of the records are on file in the Office of the State Registrar; and,
   2. Copies of the records are on file in the office of the county recorder. Permits the county recorder, if he or she does not have copies of the records, to accept the State Registrar’s copies as a special county record of the events. [HSC §102365]

This bill permits local registrars that exclusively serve cities to issue vital recorders older than two years if the record issued is the most accurate record on file with the State Registrar.

Comments

1. Author’s statement. According to the author, it is crucial for local registrars to have the ability to serve the communities they are closely tied to. By cutting out local registrars in the Cities of Pasadena, Long Beach and Berkeley, the law hurts residents when they are most in need. AB 2561 (Flora, Chapter 147, Statutes of 2018) created confusion for residents in these areas about where to go and how to make amendments for vital records. It increased travel time for residents, makes it more difficult for people with little means to gain access to social service programs that require birth certificates and burdens cities in the long term when these offices face budget shortfalls.
2. The State Registrar. DPH’s Vital Records Registration Branch is charged with maintaining a uniform, comprehensive, and continuous index for all birth, death, fetal death, and marriage vital events which occur in California, of which there are over one million each year. With regard to dissolution records, DPH maintains an index of only case numbers from 1962 to 1984. County superior courts maintain and issue the actual divorce decrees for all years. Certified copies of vital records are available from DPH, 58 county recorders, and 61 local health jurisdictions. DPH maintains, and can provide, birth and death records from 1905 to the present. For marriage records, DPH maintains and can provide those from 1946 to the present, with some years excluded. At the local level, birth and death records for current-year events and two years prior are available from the county health department (local registrars); records for all years are maintained by the county recorder. Public marriage records may be obtained from the county recorder; confidential marriage records are available only through the county clerk of the county where the license was issued.
3. Local registrars and county recorders. Local health officers serve as the local registrars for their respective health jurisdictions, and perform all the related duties. California’s public health system consists of 61 legally appointed physician health officers: one from each of the 58 counties and the three cities of Berkeley, Long Beach, and Pasadena. According to the County Recorders’ Association of California, the local registrar is required to send each original birth or death certificate to the State Registrar, either directly or through the county recorder’s office. Local registrars either send the original birth or death certificate to the county recorder, who makes a special county record and forwards the original to the State Registrar, or the local registrar sends the county recorder a copy of the certificate at the same time they forward the original to State Registrar. Beginning this year, local registrars are required to dispose of records after two years if both the State Registrar and the county recorder maintain copies.

Related/Prior Legislation

AB 2561 (Flora, Chapter 147, Statutes of 2018) recasted and updated existing law governing the State Registrar, local registrar, and county recorder’s responsibilities related to the transfer, maintenance, and disposal of vital records. Required (rather than permitting) local registrars, after two years (rather than one year) from the date of registration and with the approval of, and under the supervision of, the State Registrar, to dispose of its copies of the records, if the originals are on file with the State Registrar; and, copies are on file with the county recorder.

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

SUPPORT: (Verified 7/8/19)

City of Pasadena (source)

City of Long Beach

Los Angeles County Board of Supervisors

OPPOSITION: (Verified 7/8/19)

None received

ARGUMENTS IN SUPPORT: The City of Pasadena writes that due to the passage of AB 2561, it is prohibited from selling vital records older than two years after registration with the State Registrar. This bill will reestablish the ability of the City to offer vital records older than two years reflecting the same quality and accuracy offered by the State of California to their community members locally through Pasadena’s Public Health Department.

ASSEMBLY FLOOR: 76-0, 5/9/19

AYES: Aguiar-Curry, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Waldron, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Arambula, Chen, Dahle, Voepel

Prepared by: Melanie Moreno / HEALTH / (916) 651-4111

7/10/19 14:29:38

**** END ****

SENATE COMMITTEE ON HEALTH

Senator Dr. Richard Pan, Chair

BILL NO: AB 1152

SUBJECT: Vital records

SUMMARY:

Permits local registrars that exclusively serve cities to issue vital recorders older than two years if the record issued is the most accurate record on file with the State Registrar.

Existing law:

1. Establishes the Department of Public Health (DPH) and sets forth its powers and duties, including, but not limited to, the duties as State Registrar relating to vital records and health statistics. [HSC §102100, et seq.]
2. Requires the State Registrar, local registrar, or county recorder, upon request and payment of a fee, to supply an applicant with a certified copy of the record of a birth, fetal death, death, marriage, or marriage dissolution registered with the official. [HSC §103525]
3. Requires a local registrar of births and deaths, after two years from the date of registration and with the approval of, and under the supervision of, the State Registrar, to dispose of the local registrar’s copies of the records, if both of the following exist:
   1. The original copies of the records are on file in the office of the State Registrar; and,
   2. Copies of the records are on file in the office of the county recorder. Permits the county recorder, if he or she does not have copies of the records, to accept the State Registrar’s copies as a special county record of the events. [HSC §102365]

This bill:  Permits local registrars that exclusively serve cities to issue vital recorders older than two years if the record issued is the most accurate record on file with the State Registrar.

FISCAL EFFECT:

According to the Assembly Appropriations Committee, negligible costs.

COMMENTS:

1. Author’s statement. According to the author, it is crucial for local registrars to have the ability to serve the communities they are closely tied to. By cutting out local registrars in the cities of Pasadena, Long Beach and Berkeley, the law hurts residents when they are most in need. AB 2561 (Flora, Chapter 147, Statutes of 2018) created confusion for residents in these areas about where to go and how to make amendments for vital records. It increased travel time for residents, makes it more difficult for people with little means to gain access to social service programs that require birth certificates and burdens cities in the long term when these offices face budget shortfalls.
2. The State Registrar. DPH’s Vital Records Registration Branch (VRRB) is charged with maintaining a uniform, comprehensive, and continuous index for all birth, death, fetal death, and marriage vital events which occur in California, of which there are over one million each year. With regard to dissolution records, DPH maintains an index of only case numbers from 1962 to 1984. County superior courts maintain and issue the actual divorce decrees for all years. Certified copies of vital records are available from DPH, 58 county recorders, and 61 local health jurisdictions. DPH maintains, and can provide, birth and death records from 1905 to the present. For marriage records, DPH maintains and can provide those from 1946 to the present, with some years excluded. At the local level, birth and death records for current-year events and two years prior are available from the county health department (local registrars); records for all years are maintained by the county recorder. Public marriage records may be obtained from the county recorder; confidential marriage records are available only through the county clerk of the county where the license was issued.
3. Local registrars and county recorders. Local health officers serve as the local registrars for their respective health jurisdictions, and perform all the related duties. California’s public health system consists of 61 legally appointed physician health officers: one from each of the 58 counties and the three cities of Berkeley, Long Beach, and Pasadena. According to the County Recorders’ Association of California, the local registrar is required to send each original birth or death certificate to the State Registrar, either directly or through the county recorder’s office. Local registrars either send the original birth or death certificate to the county recorder, who makes a special county record and forwards the original to the State Registrar, or the local registrar sends the county recorder a copy of the certificate at the same time they forward the original to State Registrar. Beginning this year, local registrars are required to dispose of records after two years if both the State Registrar and the county recorder maintain copies.
4. Prior legislation. AB 2561 (Flora, Chapter 147, Statutes of 2018) Recasts and updates existing law governing the State Registrar, local registrar, and county recorder’s responsibilities related to the transfer, maintenance, and disposal of vital records. Requires (rather than permitting) local registrars, after two years (rather than one year) from the date of registration and with the approval of, and under the supervision of, the State Registrar, to dispose of its copies of the records, if the originals are on file with the State Registrar; and, copies are on file with the county recorder.
5. Support. The City of Pasadena writes that due to the passage of AB 2561, it is prohibited from selling vital records older than two years after registration with the State Registrar. This bill will reestablish the ability of the City to offer vital records older than two years reflecting the same quality and accuracy offered by the State of California to their community members locally through Pasadena’s Public Health Department.

SUPPORT AND OPPOSITION:

Support: City of Pasadena (sponsor)

Los Angeles County Board of Supervisors

Oppose: None received

-- END --

Date of Hearing: May 1, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 1152

Author:(Holden) – As Amended Ver:March 28, 2019

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill exempts a local registrar that exclusively serves a city from the existing requirement to dispose of birth and death records after two years.

FISCAL EFFECT:

Negligible.

COMMENTS:

1. Purpose. The author notes this bill is cleanup to AB 2561 (Flora), Chapter 147, Statutes of 2018, which, according to the author, created confusion for residents of these cities about where to go and how to make amendments for vital records.
2. Background. Local registrars create and issue birth and death certificates based on such events, while county recorders maintain these records and issue certified copies. The State Registrar maintains the original documents and can also issue certified copies. AB 2561, in attempting to standardize the process and ensure accurate records, requires local registrars to dispose of their records after two years if the county recorder and the State Registrar have the records on file.

Three cities operate their own health departments: Pasadena, Long Beach and Berkeley. This bill would exempt these city health departments from the requirement to dispose of birth and death records after two years, allowing them to maintain and issue vital records. Otherwise, the cities indicate, their citizens may be forced to travel long distances to county offices to access records.

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

Date of Hearing: April 23, 2019

ASSEMBLY COMMITTEE ON HEALTH

Jim Wood, Chair

ABPCA Bill Id:AB 1152

Author:(Holden) – As Amended Ver:March 28, 2019

SUBJECT: Vital records.

SUMMARY: Exempts a local registrar that exclusively serves a city from the existing requirement to dispose of birth and death records after two years when the original copies of the records are on file in the office of the State Registrar and copies of the records are on file in the office of the county recorder.

EXISTING LAW:

1. Requires local registrars to dispose of birth and death records after two years from the date of registration and with the approval of, and under the supervision of, the State Registrar, if both of the following exist:
   1. The original copies of the records are on file in the office of the State Registrar; and,
   2. Copies of the records are on file in the office of the county recorder.
      
2. Requires each local registrar of births and deaths, except a local registrar of a city and county, to transmit to the county recorder for a special county record at the same time the original certificates are forwarded to the State Registrar, a copy of each original birth certificate and death certificate.
3. Exempts local registrars serving a county-wide health jurisdiction of over 550,000 population, as determined by the official 1950 census, from the provisions stated in 1) above.
4. Requires the State Registrar, a local registrar, or a county recorder, upon payment of a required fee, to supply applicants a certified copy of birth, fetal death, death, marriage, or divorce records.
5. Establishes the Office of Vital Records (VR) within the Department of Public Health (DPH) to maintain 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.
6. Requires the State Registrar to transmit copies of amendments in any certificate of birth, death, fetal death, or marriage to the local registrar and county recorder in whose offices copies of the original record and information are on file.

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

COMMENTS:

1. PURPOSE OF THIS BILL. According to the author, it is crucial for local registrars to have the ability to serve the communities they are closely tied to. By cutting out local registrars in the cities of Pasadena, Long Beach and Berkeley, existing law enacted by AB 2561 (Flora), Chapter 147, Statutes of 2018, hurts residents when they are most in need. AB 2561, according to the author, created confusion for residents in these areas about where to go and how to make amendments for vital records. The author states that existing law increased travel time for residents, making it more difficult for people with little means to gain access to social service programs that require birth certificates and additionally burdens cities in the long term when these offices face budget shortfalls.
2. BACKGROUND.
   1. State Registrar. The Office of VR within DPH is the State Registrar for the State of California. The State Registrar is charged with 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 which maintains a permanent, public record of every birth and death that has occurred in California since July 1905, and has more than 50 million records on file. The State Registrar is a separate entity from local registrars and county recorders, but has supervisory power over local registrars.
   2. Local Registrars and County Recorders. Health officers of local health departments serve as the local registrars for their respective health jurisdiction, and perform all the duties of a local registrar of births and deaths. Before birth and death records are registered with the State Registrar, the records are first registered by the county health department and recorded by the county recorder’s office in the local jurisdiction where the birth or death took place. The county health department keeps birth and death records for current year events and one year prior, but records for all years are maintained by the county recorder. If an amendment is made to a vital record the State Registrar sends the updates to the county recorder, not the local registrar. An individual residing in a county can get accurate copies from their jurisdiction’s county records office (including satellite facilities) either in person or through mail and online services. According to DPH, the three city-run registrars have the capabilities to ensure that vital records documents are updated and correct through access to the state database of vital records certificates in order to obtain and issue accurate copies of the most current vital certificates. In addition, DPH provides all local registrars, including the three city-run registrars updated notices when a vital record has been amended and a notice instructing the city-run registrar that a specific vital record is required to be sealed and replaced with an amended record.

Since the passage of AB 2561 it has emerged that there are three local registrars that exclusively serve cities: Pasadena, Berkley, and Long Beach, and in order for individuals in these jurisdictions to amend or get copies of their records, they have to travel farther to the appropriate county recorder’s office. For example, in Pasadena, the closest county registrar’s office is more than eight miles away. According to the author, individuals in these cities that are low income or lack stable housing, obtaining appropriate records under current law is difficult. Thus, this bill would create an exemption for local registrars in these three cities to be exempt from the requirement that they have to dispose of vital records after two years.

1. SUPPORT. According to the City of Pasadena, DPH manages the Vital Records Image Redaction and Statewide Access (VRIRSA) database and offers secure access to all local health jurisdictions including the Pasadena Public Health Department. The city states that they currently sell birth and death certificates and pertinent amendments, downloaded from VRIRSA, for life events occurring within the jurisdiction.
2. PREVIOUS LEGISLATION.
   1. SB 179 (Atkins), Chapter 853, Statues of 2017, requires the State Registrar to issue a new birth certificate if an individual submits an application to change gender status or to nonbinary status.
   2. AB 1726 (Committee on Health), Chapter 215, Statues of 2017, authorizes access to the confidential portion of any certificate of live birth or fetal death, the electronic file of birth information, and the birth mother linkage information to DPH, the Department of Health Care Services, and the Department of Finance.
   3. AB 1546 (Olsen), Chapter 255, Statues of 2016, permits local registrars to release vital record indices to the county recorder within its jurisdiction for purposes of the preparation or maintenance of the indices of the county recorder.
   4. AB 2636 (Linder), Chapter 527, Statues of 2016, 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.
   5. 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.
   6. 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.

REGISTERED SUPPORT / OPPOSITION:

Support

City of Pasadena

Opposition

None on file.

Analysis Prepared by: Marissa Kraynak / HEALTH / (916) 319-2097