Existing law establishes the Office of Vital Records within the State Department of Public Health. Existing law prescribes the duties of the State Registrar of Vital Statistics (State Registrar) and local registrars of births and deaths with respect to the registration of certificates of live birth, fetal death, or death, and marriage licenses. Existing law prescribes the information to be listed on a certificate of live birth. Existing law requires the State Registrar, upon request and payment of a fee, as specified, to provide an applicant a decorative heirloom certificate of any birth registered to that official, containing only identification information and the seal of the State of California and a facsimile of the State Registrars signature.

This bill would require the State Registrar to, upon request and payment of a fee, provide an applicant a decorative Asian Zodiac heirloom certificate, as specified. The bill would require the decorative Asian Zodiac heirloom certificate to be of a distinctive design as determined by the department to include Asian Zodiac artwork by local artists, the seal of the State of California, and a facsimile of the State Registrars signature. The bill would require the certificate to contain only identification information, as determined by the State Registrar. The bill would require the department to set the fee for the decorative Asian Zodiac heirloom certificate to capture the reasonable costs of developing, preparing, and providing the decorative Asian Zodiac heirloom certificate. The bill would require the moneys collected by the State Registrar to be deposited with the Treasurer for credit to the Health Statistics Special Fund. The bill would specify that, upon appropriation, the moneys in the fund may be used by the department for the administrative costs of developing, preparing, and providing the decorative Asian Zodiac heirloom certificate, including payment of local artists.

Existing law establishes the Office of Vital Records within the State Department of Public Health. Existing law prescribes the duties of the State Registrar of Vital Statistics (State Registrar) and local registrars of births and deaths with respect to the registration of certificates of live birth, fetal death, or death, and marriage licenses. Existing law prescribes the information to be listed on a certificate of live birth. Existing law requires the State Registrar, upon request and payment of a fee, as specified, to provide an applicant a decorative heirloom certificate of any birth registered to that official, containing only identification information and the seal of the State of California and a facsimile of the State Registrars signature.

This bill would require the State Registrar to, upon request and payment of a fee, provide an applicant a decorative Asian Zodiac heirloom certificate, as specified. The bill would require the decorative Asian Zodiac heirloom certificate to be of a distinctive design as determined by the department to include Asian Zodiac artwork by local artists, the seal of the State of California, and a facsimile of the State Registrars signature. The bill would require the certificate to contain only identification information, as determined by the State Registrar. The bill would require the department to set the fee for the decorative Asian Zodiac heirloom certificate to capture the reasonable costs of developing, preparing, and providing the decorative Asian Zodiac heirloom certificate. The bill would require the moneys collected by the State Registrar to be deposited with the Treasurer for credit to the Health Statistics Special Fund. The bill would specify that, upon appropriation, the moneys in the fund may be used by the department for the administrative costs of developing, preparing, and providing the decorative Asian Zodiac heirloom certificate, including payment of local artists.

Existing law, the California Disaster Assistance Act, requires the Director of Emergency Services to adopt regulations, as necessary, to govern the administration of a disaster assistance program that includes specific project eligibility requirements, a procedure for local governments to request the implementation of programs, and a method for evaluating these requests by the Office of Emergency Services.

This bill would state the intent of the Legislature to enact subsequent legislation that would allow cities to apply for funds from the Office of Emergency Services without having to go through the county process.

GOVERNOR'S VETO

GV Bill Id:AB 3045

Author:(Ta)

As Enrolled Ver:August 31, 2024

2/3 vote

SUMMARY

Requires the State Registrar to, upon request and payment of a fee, provide an applicant a decorative Asian Zodiac heirloom certificate.

Governor's Veto Message

This bill would require the California Department of Public Health (CDPH) to create decorative Asian Zodiac heirloom birth certificates, including distinctive Asian Zodiac artwork by local artists, and would require the State Registrar to provide an Asian Zodiac heirloom certificate upon payment of a fee.

It is a priority of my Administration to build a California for All that promotes understanding, appreciation, and acceptance of each other's cultural heritage. I appreciate the author's intent to celebrate Asian-American and Pacific Islander (AAPI) individuals by creating Asian Zodiac heritage birth certificates. However, this bill is not funded, and would therefore result in General Fund cost pressures that are not included in the Budget. Further, because there are multiple variations of Asian zodiacs in AAPI cultures, it is unclear how many certificates and which zodiac designs should be used. This bill would also set a precedent for the creation of additional versions of heirloom certificates that represent other cultural identities. This is not CDPH's expertise.

COMMENTS

According to the 2020 United States Census, California has a population of over six million Asian-Americans, accounting for about 15% of our state's population. Despite comprising a significant portion of the state's population, AAPI individuals often face marginalization and lack of visibility in various aspects of society, including cultural recognition and representation. According to the author, for many AAPI individuals, the Asian zodiac holds deep personal significance, reflecting beliefs, traditions, and values passed down from generation to generation.

According to Asian mythology, there are animals each assigned to a year in a twelve year cycle. Each assigned animal has personality traits that transcend to people born in that year. According to the author, in Asian philosophy and culture, the zodiac sign is an indicator of personal and professional success.

California law requires the State Registrar, upon request and payment of a fee, to supply to any applicant a decorative heirloom birth certificate of any birth registered with the State Registrar. Florida and Maryland have commemorative birth certificates, but they are not specifically geared for AAPI audiences and are of a generic commemorative nature. Victoria, Australia offers a commemorative birth certificate which the author indicates serves as the model for this bill.

This bill requires DPH to obtain pieces of artwork to add to these decorative heirloom birth certificates upon request and additional payment. Further, this bill authorizes the State Registrar to set a fee to capture the reasonable costs of developing, preparing, and providing the decorative Asian Zodiac heirloom certificate.

The author notes that the intent of this bill to celebrate diversity and foster a sense of pride among AAPI communities.

According to the Author

There are over six million Asian-Americans in California, comprising of 15% of our state's population. The author states this bill would allow individuals to ask the State Registrar to include the Asian zodiac sign corresponding with their date of birth when applying for a decorative heirloom birth certificate. The author notes through collaboration with California's AAPI community, the State of California would obtain pieces of artwork to add to these decorative birth certificates upon request and additional payment. The author states this bill would only apply to decorative heirloom birth certificates upon the specific request from the applicant to add their Asian zodiac sign, and would authorize the State Registrar to set a fee to capture the reasonable costs of developing, preparing, and providing the decorative Asian Zodiac heirloom certificate. The author concludes this bill will help enhance community pride in the AAPI community and their allies and celebrate the rich traditions and heritage of Asian cultures.

Arguments in Support

According to the Office of the Orange County Clerk-Recorder, California is home to over six million residents of AAPI heritage, and in Orange County alone, about 23% of the population is Asian-American/Pacific Islander. Building on the already existing heirloom birth certificate program, this bill, if passed, would celebrate AAPI heritage and culture by authorizing the Department of Public Health to issue commemorative birth certificates with Asian zodiac themes. Similar to the current heirloom birth certificates, these would not be legally valid to establish identity. Asian zodiac animals are an integral part of eastern philosophy and culture. Each year in a twelve year cycle is assigned an animal and tradition dictates that personality and both professional and personal success are linked to the attributes of the animal. This bill celebrates AAPI culture and heritage by allowing our constituents to participate in an heirloom program with symbols and iconography that is meaningful to the AAPI community.

Arguments in Opposition

There is no known opposition.

FISCAL COMMENTS

According to the Senate Appropriations Committee, DPH estimates ongoing costs of $103,000 and additional costs of $10,000 - $40,000 in 2024-25 for state administration (General Fund and Health Statistics Special Fund).

VOTES

ASM HEALTH: 16-0-0

YES: Bonta, Waldron, Aguiar-Curry, Arambula, Wendy Carrillo, Flora, Haney, Jones-Sawyer, Maienschein, McCarty, Joe Patterson, Rodriguez, Sanchez, Santiago, Schiavo, Weber

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua

ASSEMBLY FLOOR: 71-0-9

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

ABS, ABST OR NV: Calderon, Cervantes, Megan Dahle, Friedman, Gabriel, Holden, Mathis, Papan, Luz Rivas

SENATE FLOOR: 39-0-1

YES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Alvarado-Gil

UPDATED

VERSION: August 31, 2024

CONSULTANT: Eliza Brooks / HEALTH / (916) 319-2097 FN: 0005109

 THIRD READING  

Bill No: AB 3045

Author: Ta (R), et al.

Amended: 3/21/24 in Assembly

Vote: 21

SENATE HEALTH COMMITTEE: 11-0, 6/26/24

AYES: Roth, Nguyen, Glazer, Gonzalez, Grove, Hurtado, Limón, Menjivar, Rubio, Smallwood-Cuevas, Wiener

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/15/24

AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab

ASSEMBLY FLOOR: 71-0, 5/21/24 (Consent) - See last page for vote

SUBJECT: Birth certificate: decorative Asian Zodiac heirloom birth certificate

SOURCE: Office of the Orange County Clerk-Recorder, Hugh Nguyen

DIGEST:

This bill requires the State Registrar of Vital Statistics (State Registrar) to, upon request and payment of a fee, provide an applicant a decorative Asian Zodiac heirloom certificate.

ANALYSIS:

Existing law:

1. Establishes the California Department of Public Health (CDPH) and sets forth its powers and duties, including duties as the State Registrar relating to vital records and health statistics. [HSC §102100, et seq.]
2. Makes the local health officer of an approved public health department the local registrar in and for all registration districts within that health jurisdiction and requires the local registrar to perform all the duties of a local registrar of births and deaths. Requires the State Registrar, in other areas, to appoint a local registrar of births and deaths for each registration district, as specified. [HSC §102275 and §102280]
3. Requires each live birth to be registered with the local registrar of births and deaths for the district in which the birth occurred within 21 days following the date of the event. [HSC §102400]
4. Permits an administrator of a hospital or a state-licensed alternative birth center, or their designated representative, for live births that occur in a hospital, or a center, to sign the birth certificate instead of the attending physician, certified nurse midwife, or principal attendant if that provider is not available to sign the certificate. Requires the person signing the birth certificate to be responsible for registering the certificate with the local registrar within ten days. [HSC §102405]
5. Establishes the information to be listed on a certificate of live birth. [HSC §102425(a)]
6. Requires the State Registrar, upon request and payment of a fee, to supply to any applicant a decorative heirloom certificate of any birth registered with that official, containing only identification information, the seal of the State of California, and a facsimile of the State Registrar’s signature. [HSC §103590(a)]

This bill:

1. Requires the State Registrar, upon request and payment of a fee, to supply to an applicant a decorative Asian Zodiac heirloom certificate of any birth registered with that individual.
2. Requires the decorative Asian Zodiac heirloom certificate to be of a distinctive design, as determined by CDPH, to include Asian Zodiac artwork by local artists, the seal of the State of California, and a facsimile of the State Registrar’s signature.

Comments

1. Author’s statement. According to the author, there are over six million Asian-Americans in California, comprising of 15% of our state’s population. This program would allow constituents to order optional, commemorative Asian Zodiac birth certificates for family heirloom purposes. This cost-neutral proposal will help enhance community pride in the Asian American Pacific Islander (AAPI) community and their allies and celebrate the rich traditions and heritage of Asian cultures. This bill represents a meaningful step towards recognizing California’s diversity by acknowledging the cultural heritage of AAPI individuals. By offering decorative certificates that incorporate Asian zodiac signs, the state celebrates the diversity of its population and fosters a sense of belonging and pride among AAPI communities. The initiative not only honors cultural traditions, but also promotes understanding, appreciation, and unity across diverse backgrounds and experiences. This bill would empower AAPI constituents and their allies to engage with their government by ordering a commemorative edition of their birth certificate with a strong AAPI theme to enhance AAPI community pride.
2. The State Registrar. CDPH’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. Certified copies of vital records are available from CDPH, 58 county recorders, and 61 local health jurisdictions. CDPH maintains, and can provide, birth and death records from 1905 to the present. For marriage records, CDPH maintains and can provide those from 1946 to the present, with some years excluded. CDPH uses the data collected through death certificates for public health research and planning.
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. 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 the State Registrar.  The local registrar keeps birth and death records for current year events and one year prior, but records for all years are maintained by the county recorder. 
4. Heirloom birth records. According to CDPH Vital Records, heirloom birth records are purely for genealogical or keepsake purposes and are not considered legally valid to establish identity. California Heirloom Birth Certificates are printed on 11” x 14” border engraved paper with a gold seal, a distinctive design as determined by CDPH, and a facsimile of the State Registrar’s signature. The certificates only contain identification information. A purchase of an Heirloom Certificate benefits the California Children’s Trust Fund, which was established as a separate fund in the state treasury in 1983 for purpose of child abuse and neglect prevention. An Heirloom Birth Record costs $44 per copy.
5. Asian zodiac. According to the Timothy S. Y. Lam Museum of Anthropology, the Asian Zodiac is a repeating twelve-year cycle of animal signs and their ascribed attributes, based on the lunar calendar. The twelve Asian Zodiac animals are, in order: Rat, Ox, Tiger, Rabbit, Dragon, Snake, Horse, Goat, Monkey, Rooster, Dog, and Pig. The author writes that for many AAPI individuals, the Asian zodiac holds deep personal significance, reflecting beliefs, traditions, and values passed down from generation to generation. Victoria, Australia already offers Chinese Zodiac commemorative birth certificates that includes Chinese design elements created by a local artist, the Zodiac animal and iconic Australian flora.

Related/Prior Legislation

SB 1360 (Committee on Health and Human Services, Chapter 415, Statutes of 1995) required the State Registrar, upon request and payment of a fee, to supply to any applicant a decorative heirloom certificate.

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

According to Senate Appropriations Committee, “The California Department of Public Health (CDPH) estimates ongoing costs of $103,000 and additional costs of $10,000 - $40,000 in 2024-25 for state administration (General Fund and Health Statistics Special Fund).”

SUPPORT: (Verified 8/13/24)

Office of the Orange County Clerk-Recorder, Hugh Nguyen (source)

OPPOSITION: (Verified 8/13/24)

None received

ARGUMENTS IN SUPPORT: Orange County Clerk-Recorder Hugh Nguyen, writes that California is home to over six million residents of AAPI heritage, and that in Orange County alone, about 23% of the population is AAPI. This bill, if passed, would celebrate AAPI heritage and culture by allowing constituents to participate in an heirloom program with symbols and iconography that is meaningful to the community. Similar to the current heirloom birth certificates, these would not be legally valid to establish identity.

ASSEMBLY FLOOR: 71-0, 5/21/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Calderon, Cervantes, Megan Dahle, Friedman, Gabriel, Holden, Mathis, Papan, Luz Rivas

Prepared by: Margarita Niemann / HEALTH / (916) 651-4111

8/16/24 13:26:16

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

AB 3045 (Ta) - Birth certificate: decorative Asian Zodiac heirloom birth certificate

Bill Summary:

AB 3045 would require the State Registrar of Vital Statistics, upon request and payment of a fee, to provide an applicant a decorative Asian Zodiac heirloom birth certificate.

Fiscal Impact:

The California Department of Public Health (CDPH) estimates ongoing costs of $103,000 and additional costs of $10,000 - $40,000 in 2024-25 for state administration (General Fund and Health Statistics Special Fund).

Background:

The CDPH, among its duties as the State Registrar, is charged with maintaining a uniform, comprehensive, and continuous index for all birth, death, fetal death, and marriage vital events, which occur in California. Certified copies of vital records are available from CDPH, 58 county recorders, and 61 local health jurisdictions. Local health officers serve as the local registrars for their respective health jurisdictions, and perform all the related duties. 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 the State Registrar.

Current law requires the State Registrar, upon request and payment of a fee, to supply to any applicant a decorative heirloom birth certificate. According to CDPH, heirloom birth records are purely for genealogical or keepsake purposes and are not considered legally valid to establish identity. California heirloom birth certificates are printed on 11” x 14” border engraved paper with a gold seal, a distinctive design as determined by CDPH, and a facsimile of the State Registrar’s signature. A purchase of an heirloom certificate benefits the California Children’s Trust Fund, which supports child abuse and neglect prevention efforts. An heirloom birth record costs $44 per copy.

Proposed Law:

Specific provisions of the bill would:

• Require the State Registrar, upon request and payment of a fee, to supply to an applicant a decorative Asian Zodiac heirloom birth certificate, as specified.
• Require CDPH to set the fee required for the decorative Asian Zodiac heirloom certificate to capture the reasonable administrative costs of developing, preparing, and providing the decorative Asian Zodiac heirloom certificate; require the moneys collected by the State Registrar from the fee to be deposited to the Health Statistics Special Fund; and authorize, upon appropriation, the moneys to be used by CDPH for the administrative costs of developing, preparing, and providing the decorative Asian Zodiac heirloom certificate, including payment of local artists.

-- END --

SENATE COMMITTEE ON HEALTH

Senator Richard Roth, Chair

BILL NO: AB 3045

SUBJECT: Birth certificate: decorative Asian Zodiac heirloom birth certificate

SUMMARY:

Requires the State Registrar of Vital Statistics (State Registrar) to, upon request and payment of a fee, provide an applicant a decorative Asian Zodiac heirloom certificate.

Existing law:

1. Establishes the California Department of Public Health (CDPH) and sets forth its powers and duties, including duties as the State Registrar relating to vital records and health statistics. [HSC §102100, et seq.]
2. Makes the local health officer of an approved public health department the local registrar in and for all registration districts within that health jurisdiction and requires the local registrar to perform all the duties of a local registrar of births and deaths. Requires the State Registrar, in other areas, to appoint a local registrar of births and deaths for each registration district, as specified. [HSC §102275 and §102280]
3. Requires each live birth to be registered with the local registrar of births and deaths for the district in which the birth occurred within 21 days following the date of the event. [HSC §102400]
4. Permits an administrator of a hospital or a state-licensed alternative birth center, or their designated representative, for live births that occur in a hospital, or a center, to sign the birth certificate instead of the attending physician, certified nurse midwife, or principal attendant if that provider is not available to sign the certificate. Requires the person signing the birth certificate to be responsible for registering the certificate with the local registrar within ten days. [HSC §102405]
5. Establishes the information to be listed on a certificate of live birth. [HSC §102425(a)]
6. Requires the State Registrar, upon request and payment of a fee, to supply to any applicant a decorative heirloom certificate of any birth registered with that official, containing only identification information, the seal of the State of California, and a facsimile of the State Registrar’s signature. [HSC §103590(a)]

This bill:

1. Requires the State Registrar, upon request and payment of a fee, to supply to an applicant a decorative Asian Zodiac heirloom certificate of any birth registered with that individual.
2. Requires the decorative Asian Zodiac heirloom certificate to be of a distinctive design, as determined by CDPH, to include Asian Zodiac artwork by local artists, the seal of the State of California, and a facsimile of the State Registrar’s signature.

FISCAL EFFECT:

According to the Assembly Appropriations Committee, CDPH estimates a one-time cost of $10,000 to pay a local artist for designing the Asian Zodiac heirloom birth certificate (Health Statistics Special Fund).

PRIOR VOTES:

COMMENTS:

1. Author’s statement. According to the author, there are over six million Asian-Americans in California, comprising of 15% of our state’s population. This program would allow constituents to order optional, commemorative Asian Zodiac birth certificates for family heirloom purposes. This cost-neutral proposal will help enhance community pride in the Asian American Pacific Islander (AAPI) community and their allies and celebrate the rich traditions and heritage of Asian cultures. This bill represents a meaningful step towards recognizing California’s diversity by acknowledging the cultural heritage of AAPI individuals. By offering decorative certificates that incorporate Asian zodiac signs, the state celebrates the diversity of its population and fosters a sense of belonging and pride among AAPI communities. The initiative not only honors cultural traditions, but also promotes understanding, appreciation, and unity across diverse backgrounds and experiences. This bill would empower AAPI constituents and their allies to engage with their government by ordering a commemorative edition of their birth certificate with a strong AAPI theme to enhance AAPI community pride.
2. The State Registrar. CDPH’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. Certified copies of vital records are available from CDPH, 58 county recorders, and 61 local health jurisdictions. CDPH maintains, and can provide, birth and death records from 1905 to the present. For marriage records, CDPH maintains and can provide those from 1946 to the present, with some years excluded. CDPH uses the data collected through death certificates for public health research and planning.
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. 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 the State Registrar.  The local registrar keeps birth and death records for current year events and one year prior, but records for all years are maintained by the county recorder. 
4. Heirloom birth records. According to CDPH Vital Records, heirloom birth records are purely for genealogical or keepsake purposes and are not considered legally valid to establish identity. California Heirloom Birth Certificates are printed on 11” x 14” border engraved paper with a gold seal, a distinctive design as determined by CDPH, and a facsimile of the State Registrar’s signature. The certificates only contain identification information. A purchase of an Heirloom Certificate benefits the California Children’s Trust Fund, which was established as a separate fund in the state treasury in 1983 for purpose of child abuse and neglect prevention. An Heirloom Birth Record costs $44 per copy.
5. Asian zodiac. According to the Timothy S. Y. Lam Museum of Anthropology, the Asian Zodiac is a repeating twelve-year cycle of animal signs and their ascribed attributes, based on the lunar calendar. The twelve Asian Zodiac animals are, in order: Rat, Ox, Tiger, Rabbit, Dragon, Snake, Horse, Goat, Monkey, Rooster, Dog, and Pig. The author writes that for many AAPI individuals, the Asian zodiac holds deep personal significance, reflecting beliefs, traditions, and values passed down from generation to generation. Victoria, Australia already offers Chinese Zodiac commemorative birth certificates that includes Chinese design elements created by a local artist, the Zodiac animal and iconic Australian flora.
6. Prior legislation. SB 1360 (Committee on Health and Human Services, Chapter 415, Statutes of 1995) requires the State Registrar, upon request and payment of a fee, to supply to any applicant a decorative heirloom certificate.
7. Support. The sponsor of the bill, Orange County Clerk-Recorder Hugh Nguyen, writes that California is home to over six million residents of AAPI heritage, and that in Orange County alone, about 23% of the population is AAPI. This bill, if passed, would celebrate AAPI heritage and culture by allowing constituents to participate in an heirloom program with symbols and iconography that is meaningful to the community. Similar to the current heirloom birth certificates, these would not be legally valid to establish identity.

SUPPORT AND OPPOSITION:

Support: Office of the Orange County Clerk-Recorder, Hugh Nguyen (sponsor)

Oppose: None received.

-- END --

Date of Hearing: May 15, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 3045

Author:(Ta) – As Amended Ver:March 21, 2024

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

SUMMARY:

This bill requires the State Registrar of Vital Statistics (State Registrar) to create and provide, upon request and payment of a fee, a decorative birth certificate with an Asian Zodiac symbol. The bill requires the State Registrar to be responsible for developing, preparing, and providing the Asian Zodiac heirloom certificates, as well as selecting and compensating local artists for their artwork.

Specifically, this bill:

1. Requires the decorative Asian Zodiac heirloom certificate to be of a distinctive design as determined by the California Department of Public Health (CDPH) to include Asian Zodiac artwork by local artists, the seal of the State of California, and a facsimile of the State Registrar’s signature.
2. Provides that when the original form of the certificate of a live birth furnished by the State Registrar contains a printed section at the bottom containing medical and social data or labeled “Confidential Information for Public Health Use Only,” the confidential information is prohibited from being reproduced in the copy of the record.
3. Prohibits information included on a sealed certificate of live birth from being included on the decorative Asian Zodiac heirloom certificate.
4. Requires CDPH to set the fee to capture the reasonable costs of developing, preparing, and providing the decorative Asian Zodiac heirloom certificate.
5. Require the moneys collected by the State Registrar to be deposited with the Treasurer for credit to the Health Statistics Special Fund (the Fund).
6. Authorizes, upon appropriation, CDPH to use moneys in the Fund for the administrative costs of developing, preparing, and providing the decorative Asian Zodiac heirloom certificate, including payment of local artists.

FISCAL EFFECT:

CDPH estimates a one-time cost of $10,000 to pay a local artist for designing the Asian Zodiac heirloom birth certificate (Health Statistics Special Fund).

COMMENTS:

1. Purpose. According to the author:

There are over 6 million Asian-Americans in California, comprising of 15% of our state’s population. This program would allow constituents to order optional, commemorative Asian Zodiac birth certificates for family heirloom purposes. This cost-neutral proposal will help enhance community pride in the AAPI community and their allies and celebrate the rich traditions and heritage of Asian cultures.

The local municipality administrating Victoria, Australia, allows the purchase of commemorative birth certificates containing an Asian zodiac symbol upon request and payment of a fee.

AB 3045 would allow individuals to ask the State Registrar to include the Asian zodiac sign corresponding with their date of birth when applying for a decorative heirloom birth certificate. Through collaboration with California’s AAPI community, the State of California would obtain twelve pieces of artwork to add to these decorative birth certificates upon request and additional payment. AB 3045 would only apply to decorative heirloom birth certificates upon the specific request from the applicant to add their Asian zodiac sign, and would authorize the State Registrar to set a fee to capture the reasonable costs of developing, preparing, and providing the decorative Asian Zodiac heirloom certificate

1. Background. California authorizes a commemorative birth certificate with the state seal for a fee of $44 (the fee for a regular birth certificate $29). Florida and Maryland have commemorative birth certificates of a generic commemorative nature. Victoria, Australia offers a commemorative birth certificate which the author indicates serves as the model for this bill.
2. Implementation Concern. CDPH expresses some concern over selecting an Asian Zodiac, noting that some countries may have different animals in their version of the Zodiac.

Analysis Prepared by: Allegra Kim / APPR. / (916) 319-2081

Date of Hearing: April 23, 2024

ASSEMBLY COMMITTEE ON HEALTH

Mia Bonta, Chair

ABPCA Bill Id:AB 3045

Author:(Ta) – As Amended Ver:March 21, 2024

SUBJECT: Birth certificate: decorative Asian Zodiac heirloom birth certificate.

SUMMARY: Requires the State Registrar to, upon request and payment of a fee, provide an applicant a decorative Asian Zodiac heirloom certificate. Specifically, this bill:

1. Requires the decorative Asian Zodiac heirloom certificate to be of a distinctive design as determined by the State Department of Public Health (DPH) to include Asian Zodiac artwork by local artists, the seal of the State of California, and a facsimile of the State Registrar’s signature.
2. Provides that when the original form of the certificate of a live birth furnished by the State Registrar contains a printed section at the bottom containing medical and social data or labeled “Confidential Information for Public Health Use Only,” the confidential information is prohibited from being reproduced in the copy of the record.
3. Prohibits information included on sealed certificate of live birth from being included on the decorative Asian Zodiac heirloom certificate.
4. Requires DPH to set the fee for the decorative Asian Zodiac heirloom certificate to capture the reasonable costs of developing, preparing, and providing the decorative Asian Zodiac heirloom certificate.
5. Require the moneys collected by the State Registrar to be deposited with the Treasurer for credit to the Health Statistics Special Fund (the Fund).
6. Specifies that, upon appropriation, the moneys in the Fund be used by DPH for the administrative costs of developing, preparing, and providing the decorative Asian Zodiac heirloom certificate, including payment of local artists.

EXISTING LAW:

1. Establishes the Office of Vital Records within DPH. [Health and Safety Code (HSC) § 131051]
2. Prescribes the duties of the State Registrar of Vital Statistics (State Registrar) and local registrars of births and deaths with respect to the registration of certificates of live birth, fetal death, or death, and marriage licenses. [HSC § 102100-102155}
3. Prescribes the information to be listed on a certificate of live birth. [HSC § 102425}
4. Requires the State Registrar, upon request and payment of a fee, as specified, to provide an applicant a decorative heirloom certificate of any birth registered to that official, containing only identification information and the seal of the State of California and a facsimile of the State Registrar’s signature. [HSC § 103590]

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

COMMENTS:

1. PURPOSE OF THIS BILL. According to the author, there are over six million Asian-Americans in California, comprising of 15% of our state’s population. The author states this bill would allow individuals to ask the State Registrar to include the Asian zodiac sign corresponding with their date of birth when applying for a decorative heirloom birth certificate. The author notes through collaboration with California’s Asian American and Pacific Islander (AAPI) community, the State of California would obtain pieces of artwork to add to these decorative birth certificates upon request and additional payment. The author states this bill would only apply to decorative heirloom birth certificates upon the specific request from the applicant to add their Asian zodiac sign, and would authorize the State Registrar to set a fee to capture the reasonable costs of developing, preparing, and providing the decorative Asian Zodiac heirloom certificate. The author concludes this bill will help enhance community pride in the AAPI community and their allies and celebrate the rich traditions and heritage of Asian cultures.
2. BACKGROUND. According to the 2020 United States Census, California has a population of over six million Asian-Americans, accounting for about 15% of our state’s population. Despite comprising a significant portion of the state’s population, AAPI individuals often face marginalization and lack of visibility in various aspects of society, including cultural recognition and representation. For many AAPI individuals, the Asian zodiac holds deep personal significance, reflecting beliefs, traditions, and values passed down from generation to generation.

According to Asian mythology, there are animals each assigned to a year in a twelve year cycle. Each assigned animal has personality traits that transcend to people born in that year. In Asian philosophy and culture, the zodiac sign is an indicator of personal and professional success.

California authorizes a commemorative birth certificate with the state seal on it. Florida and Maryland have commemorative birth certificates, but they are not specifically geared for AAPI audiences and are of a generic commemorative nature. Victoria, Australia offers a commemorative birth certificate which the author indicates serves as the model for this bill.

This bill requires DPH to obtain pieces of artwork to add to these decorative birth certificates upon request and additional payment. Further, this bill authorizes the State Registrar to set a fee to capture the reasonable costs of developing, preparing, and providing the decorative Asian Zodiac heirloom certificate.

The author notes the intent of this bill to celebrate diversity and foster a sense of pride among AAPI communities.

1. RELATED LEGISLATION. AB 2156 (Pacheco) of 2024 requires the State Registrar of Vital Statistics (State Registrar) to require a diacritical mark on an English letter to be properly recorded on a certificate of live birth, fetal death, or death, and a marriage license.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file.

Opposition

None on file.

Analysis Prepared by: Eliza Brooks / HEALTH / (916) 319-2097