BILL ANALYSIS
SENATE HEALTH
COMMITTEE ANALYSIS
Senator Sheila J. Kuehl, Chair
BILL NO: SB 471
S
AUTHOR: Margett
B
AMENDED: April 10, 2007
HEARING DATE: April 18th, 2007
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REFERRAL: Health and Judiciary Committee
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FISCAL: Appropriations
1
CONSULTANT:
Dunstan/cjt
SUBJECT
Birth and death certificates: certified copies:
identification
SUMMARY
This bill requires any individual authorized by law to
obtain a certified copy of a birth or death certificate to
show proof of identification when the request is made in
person, except when the individual has been a victim of
identity theft or the requestor is a parent.
CHANGES TO EXISTING LAW
Existing law:
Existing law specifies that the Director of the Department
of Health Services (DHS) is the State Registrar of Vital
Statistics. Existing law requires the State Registrar to
administer the registration of births, deaths, fetal
deaths, and marriages. Existing law specifies that the
health officer of any approved local health department is
the local registrar. Existing law requires the State
Registrar, local registrar, or county recorder to supply a
certified copy of the record of any birth or death only to
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authorized persons who swear under penalty of perjury as to
their identity and that they are authorized under law to
receive a certified copy of a birth certificate. Existing
law defines authorized persons to include parent, legal
guardians, court-ordered recipients, law enforcement,
relatives of the registrant, attorneys with a specified
legal need, and funeral homes, when acting for any of the
authorized persons. Existing law also allows other
individuals to obtain a copy that is required to be marked
as: "Informational and not a valid document to establish
identity." Existing law also establishes a procedure for
mail or fax requests which require notarized statements
establishing identity and whether a person is authorized to
receive a certificate.
This bill:
SB 471 requires an authorized person requesting a certified
copy of a birth or death record to provide valid
identification, including, but not limited to, a driver's
license, identification card, or passport or other
documentation that will satisfy the issuing official. The
bill provides that, if the authorized person has been the
victim of an identity theft, and provides specified
evidence to that effect, the person will be allowed to
swear under penalty of perjury that they are authorized to
receive the document without providing identification. The
bill also provides that a parent lacking identification can
obtain their child's birth or death record if the parent
swears under penalty of perjury as to their identity and
that they are an authorized person.
FISCAL IMPACT
Unknown. Legislative Counsel has keyed this bill as a
state-mandated local program.
BACKGROUND AND DISCUSSION
Need for the bill
The author states that, under current law, there is no
requirement for a county clerk to check for proof of
identity when someone requests a copy of a birth or death
certificate. The author notes that vital records contain
personal information which can be used for identity theft.
This type of fraud has a high cost since a victim's losses
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may include not only out-of-pocket financial losses, but
substantial additional financial costs associated with
trying to restore the victim's reputation in the community
and correcting erroneous information resulting from the
criminal's activity.
Vital records
Birth and death certificates contain important personal
information which is required by state law to be kept
confidential. Certificates of birth contain, among other
data, medical and personal information. A certified copy
of a birth certificate generally does not show any of the
confidential medical information, although the person named
on the certificate may obtain a certificate with that
information. Death certificates contain specified
information, including social security numbers, and are
available in their entirety.
Certified copies of birth and death records are available
from DHS (the State Registrar), the 58 county recorders and
61 local health jurisdictions. These three sources issue
nearly 3.5 million certified copies of birth and death
records annually.
Vital records and identity theft.
Identity theft occurs when someone uses another's personal
information without permission to commit fraud and other
crimes. Appropriating someone else's information and
obtaining these legal documents fraudulently is a crime in
and of itself, and can also enable other crimes. Criminals
use birth and death records to create a false identity and
then to obtain a driver's license and a social security
number, which can lead to credit card fraud, bank fraud,
mail theft, tax fraud, social security and insurance fraud,
and illegally obtaining a passport.
A September 2000 report, issued by the Office of the
Inspector General of the U.S. Department of Health and
Human Services, indicates that fraudulent identities are a
major criminal activity. The report cited numerous studies
showing that stolen, counterfeit and altered birth
certificates can be used to allow the holder to obtain
other documents to create new identities.
Importance of birth certificates for complying with federal
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law
The ease with which California residents can obtain
lawfully certified copies of their birth certificates will
affect their ability to comply with two recent important
federal mandates.
The federal Deficit Reduction Act of 2005 (DRA) requires
U.S citizens to present documentation of citizenship for
Medi-Cal eligibility. Proof of citizenship is needed for
eligibility and for subsequent eligibility
redeterminations. Most people use a certified birth
certificate for this purpose. Compliance with the DRA
requires many people to obtain birth records. The Center
on Budget and Policy Priorities surveyed U.S. born Medicaid
recipients and determined that three to five million lacked
a birth certificate or U.S. passport.
To comply with the REAL ID Act of 2005, which is a new
federal law regarding security of driver's licenses and
identification cards, a birth certificate will be required
for new issuance and renewals. The REAL ID Act prohibits
federal agencies, effective May 11, 2008, from accepting a
driver's license or DMV-issued identification card for an
official purpose, such as air travel, unless the issuing
state is meeting the requirements of the act. The act sets
forth minimum document requirements and minimum standards
for issuing driver's licenses and identification cards. In
particular, the act requires those obtaining driver's
licenses or personal identification cards to present
documentation to establish identity and residence. As a
practical matter, license renewal will require applicants
to provide the DMV with: their current license or other
picture ID, their actual social security card (not a copy),
utility bills showing address of residence, and a certified
copy of their birth certificate.
Prior legislation
SB 247 (Speier, Chapter 914 of 2002) established a
procedure for the release of, and access to, birth and
death records by providing that only an authorized person,
as defined, who submits a statement sworn under penalty of
perjury that the requester is an authorized person may
obtain a certified copy of a birth or death record.
Arguments in support
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The County Recorders Association of California (CRAC)
supports the bill as a small step in the protection of a
person's identity. CRAC states that some counties are
already using this practice, but there are no legal grounds
for dening a request if a requester refuses to provide
identification, which leaves recorders with little choice
but to supply the document. They support this bill because
it establishes a minimal requirement in the protection
against identity theft. The California Peace Officers'
Association and California Police Chiefs Association also
support this bill.
Arguments in opposition
The American Civil Liberties Union (ACLU) opposes the bill
citing significant unintended consequences for people who
would not be able to obtain birth certificates for critical
needs such as obtaining Medi-Cal or enrolling their
children in school. They also assert that the legislation
does not achieve its stated goal because an identity thief
will continue to be able to receive another person's birth
certificate under this bill by posing as the person's
parent, or relative who is an authorized person under law.
ACLU also points out that parents must submit their
children's birth certificates to enroll them in school and
it is not clear as to which documents an undocumented
parent would be able to submit to obtain a birth
certificate for a U.S.-born citizen child. The ACLU also
argues that this bill creates a Catch 22 for people trying
to get certified birth certificates to comply with the
federal REAL ID Act which takes effect May 2008. The REAL
ID draft regulations require an applicant to show a
certified birth certificate in order to obtain a driver's
license. Under this bill, however, a person would need a
driver's license or other valid identification in order to
get a birth certificate, creating a dilemna.
The Western Center on Law and Poverty (WCLP) points out
that many Medi-Cal beneficiaries do not have proof of
nationality, such as a passport or birth certificate. WCLP
cites one study in which, a significant percentage did not
have government-issued photo identification. The
proportion, 18 percent, was particularly high for
low-income senior citizens. WCLP also points out that DRA
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makes the consequences of not having citizenship
documentation severe for the low-income people as they
could easily lose their full scope Medi-Cal.
Letter of concern
The County Health Executives of California and the County
Welfare Directors Association of California wrote a letter
of concern. They are concerned that the language in the
March 23rd version of the bill could restrict legitimate
access to the vital records. They note that new federal
documentation requirements make access to birth records
particularly important for Medi-Cal applicants. They
requested an amendment that the author has taken and the
current version of the bill in print reflects that
requested amendment.
COMMENTS AND QUESTIONS
1. Many recorders attempt to establish identification.
County recorders report that they generally attempt to
establish the identification of those requesting certified
copies of a birth or death record. They do this through a
number of methods, including requiring identification as
specified in SB 471. The recorders report also state that
they need to have flexibility in the matter of
identification. In some cases, if an individual is
requesting their own birth certificate, recorders are
satisfied by the requestor providing such information as
date of birth, mother's maiden name, and place of birth.
Recorders say that this flexibility allows them to meet the
needs of their customers while continuing to protect access
to vital records.
2. Amendments made since the March 28th Health Committee
hearing have addressed some, but not all, of the concerns
regarding the bill. One amendment, reflected on page 3,
line 26, allows a parent or legal guardian to receive their
child's birth or death records if the requesting parent or
legal guardian makes a sworn statement under penalty of
perjury as to their identity and that they are authorized
to receive the records. This amendment would retain
existing law for this particular type of records request.
The second amendment, page 3, line 7, grants recorders and
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other officials the necessary flexibility to help their
customers. Specifically, it allows, in addition to a
driver's license or passport, other documentation or
methods sufficient to determine the requester's identity.
This amendment makes the requirement placed on a person
applying in person generally consistent with a request by
mail or fax, which allows a notarized statement as proof of
identity. Notaries are granted considerable flexibility in
establishing identity. The standard for a notary is
whether the information they accept would lead a reasonable
person to believe that the individual is the person he or
she claims to be. A notary may rely on documents, such as
driver's licenses and passports or they may rely on oaths
of credible witnesses who have proper identification and
who signs a statement of identification concerning a person
under penalty of perjury.
POSITIONS
Support: California Peace Officers' Association
California Police Chiefs Association
County Recorders Association of California
Two individuals
Oppose: American Association of University Women,
California
American Civil Liberties Union
California Immigrant Policy Center (CIPC)
Planned Parenthood of California
Western Center on Law and Poverty
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