This is a Message Board Post that is gatewayed to this mailing list. Surnames: BRAUN Classification: Obituary Message Board URL: http://boards.ancestry.com/mbexec/msg/rw/AY.2ADE/1031.1 Message Board Post: Ron Braun A vigil service and mass will be held next week for Ron Braun, the Davis school district employee who died in a traffic crash near Fresno on Nov. 26. Friends are invited to attend a vigil service Monday at 7 p.m. at the Lodi Funeral Home, 725 S. Fairmont Ave. in Lodi. Friends are also invited to attend a Mass of Christian burial on Tuesday at 10 a.m. at St. Anne's Church, 215 Walnut St. (corner of Church and Walnut) in Lodi, with committal at Cherokee Memorial Park in Lodi immediately following. Braun was 36. He died when his car was struck head-on by another car that swerved into oncoming traffic while trying to pass on a two-lane highway. In lieu of flowers, contributions may be made to a trust fund that will benefit Braun's wife and two children, who survived the accident. Contributions to the trust are being coordinated by Aaron Shonk, a Davis school district employee who can be reached at 757-5300, ext. 121. (Obituary from the "The Davis Enterprise," December 8, 2000, (Yolo County). Submitted with the permission of the "The Davis Enterprise," 315 G Street, Davis, CA 95616, <http://www.davisenterprise.com/>. Please note: I am not related to the family listed above, and I do not have any further information on this family.)

This is a Message Board Post that is gatewayed to this mailing list. Surnames: PEERY Classification: Query Message Board URL: http://boards.ancestry.com/mbexec/msg/rw/AY.2ADE/1054 Message Board Post: Looking for any info on Robert J Peery who died in San Joaquin County in 1984. He was born in October 1921 in Ohio to father John F and mother Amanda W (Anderson). John F died in Tucson Az in approx 1931 and Robert graduated from Tucson High in 1938. Thank you trishgrundy@aol.com

Apparently there is another effort underway to try to stop SB 1614. And some changes that are noted below. Thought it was worth sending along. Sue Silver El Dorado County ----- Original Message ----- From: "Pamela Dallas" <pbdallas@earthlink.net> To: <CEMETERY-L@rootsweb.com> Sent: Sunday, June 30, 2002 7:22 AM Subject: [Old Bones CEMETERY-L] FW: Action Alert on SB 1614 > > This is the latest message from Iris Carter Jones, Legislative Coordinator > for the Genealogical & Historical Council of Sacramento Valley and the > California State Genealogical Alliance. > > ALERT > > Well, our esteemed Senator announced this afternoon that the Hearing > for SB1614 WILL BE HEARD on July 1, 2002. It is imperative that we > take the time to write the Assembly Judiciary Committee of our > objections. > > The Hearing will take place immediately following the Floor Session > scheduled Monday at 11 a.m. What time is the Hearing? I am sorry but > there is no way to tell. > > The Legislation will have floor session Saturday and Sunday [working > on the budget] , so there will be staff in their offices to received > you fax and Email messages. > > I am including below the Alert Statement sent by BastardNations which > will give you more details, or check my last report, June 27, 2002. > Jean has also furnished us with the list of the Committee members and > how to reach them. > > We also received information that the following language has been > removed from the bill. Obviously, they figured out that it was > unconstitutional. > > Section 1 > (d) (1) An individual, corporation, or other business entity that > purchased a comprehensive index prepared by the State Registrar > pursuant to subdivision (a) from the State Registrar prior to > December 31, 2001, may not use, or sell, share, or disclose any of > the information contained therein to a third party. > (2) Any person who, in violation of this section uses, sells, > shares, or discloses any information provided pursuant to this > section, or who uses information provided pursuant to this section in > a manner other than as authorized pursuant to this section, may be > denied further access to any personally identifying information or > confidential information maintained by the department. That person > shall also be subject to the assessment of a civil penalty by the > department in the amount of ____ ($____). The penalty provided in > this section shall not be construed as restricting any remedy, > criminal, provisional, or otherwise, provided by law for the benefit > of the department or any person. > > ----- Original Message ----- > From: "Steffen, Richard" <Richard.Steffen@sen.ca.gov> > Sent: Friday, June 28, 2002 2:58 PM > On Fri, 28 Jun 2002 14:06:28 -0700, "Jean" <acconet@attbi.com> wrote: > > NOTE: The Bastard Nations has organized a rally for 12 noon on the > South Steps of the Capital with Speakers from opposition groups and > media coverage. You are invited to join the rally. If you can come > let me know. My compliments to Jean and her team for moving so quickly > to get this rally back on track. > > --------------------------------------------------------- > ACTION ALERT: > > URGENT ACTION NEEDED IN CALIFORNIA! ACCESS TO BIRTH INDEX UNDER > ATTACK! TELL CALIFORNIA STATE ASSEMBLY JUDICIARY COMMITTEE MEMBERS: > VOTE NO ON SB1614! PRESERVE PUBLIC ACCESS TO CALIFORNIA BIRTH AND > DEATH INDICES. > > SB1614 was passed by the California Senate and will now be heard by > the California State Assembly Judiciary Committee on MONDAY, JULY 1st. > This bill is trying to zip through under the radar,and must be > derailed NOW. Please call, fax, and e-mail ALL MEMBERS OF THE > CALIFORNIA STATE ASSEMBLY JUDICIARY COMMITTEE TODAY and urge a DO > NOT PASS vote on SB1614. Fax and e-mail should be sent by FRIDAY, JUNE > 28th. The bill, sponsored by Senator Jackie Speier, seeks to remove > California's birth and death indices from the public domain, where > they have been generally available to the public since 1905. The > passage of this bill will transform a century of public information > into closely guarded state secrets. > > SB1614 would foster secrecy in government. Citizens would no longer be > able to access government-held, public information on their own > histories and identities. This bill would create a right of > confidentiality that has never before existed. The birth and death > indexes are not and have never been personally owned, confidential > information; they are and have always been public records. SB1614 > seeks to reverse a century-long free flow of public information by > placing the use of both indexes back under strict government > regulation. > > The birth and death indices are used extensively for genealogical and > historical research, population studies, public health queries and > public policy research. SB1614 will do little to help the problem it > was intended to address - identity theft. According to the First > Amendment Coalition, most identity theft occurs through the literal > theft of mail, purses, and wallets by friends, relatives, neighbors, > and strangers - not through use of the birth and death indices. > > SUMMARY OF SB1614 > > 1. This bill would remove the comprehensive birth and death indices > from protection of the California Public Records Act. Instead, it > would make the indices confidential information - except to government > agencies. > > 2. This bill would prohibit a government agency from selling or > releasing these indices. This bill would also prohibit specified > businesses and individuals, who legally purchased the indices from the > State prior to December 31, 2001, from releasing and sharing with > others. The bill authorizes a civil penalty to enforce this > prohibition. > > 3. This bill would require the State Registrar to establish a > separate, NON comprehensive electronic birth and death indices, > available for public inspection at county recorders' offices > statewide and at the office of the State Registrar. The information to > be included in the non comprehensive indices will be determined by the > State Registrar. No printing will be allowed at these special > computer terminals. Individuals who wish to view > the non comprehensive birth or death index must certify, UNDER PENALTY > OF PERJURY, that the information they view will not be used for > criminal purposes. > > 4. This bill would permit the release of SPECIFIED personal > information to financial institutions and consumer credit reporting > agencies, for the sole purpose of determining if the person whose > information is being released is still living. > > Read the full text at: > http://info.sen.ca.gov/pub/bill/sen/sb_1601-1650/sb_1614_bill_20020625_amend > ed_asm.html > > > Please share this information with any lists you are on. > > * * * CONTACT INFORMATION * * * > > Send one copy of your letter to the Judiciary Committee and one to > each committee member. > > California State Assembly Judiciary Committee > 1020 N Street, Room 104 > Sacramento, CA, 95814 > Fax: (916) 319-2188 > E-mail: vanessa.cisneros@asm.ca.gov > > Ellen M. Corbett (Chair) > State Capitol > Sacramento, CA 94249-0001 > Phone: (916) 319-2018 > Fax: (916) 319-2118 > E-mail: Assemblymember.Corbett@assembly.ca.gov > > Tom Harman (Vice-Chair) > State Capitol, Room 5158 > Sacramento, CA 95814 > Phone: (916) 319-2067 > Fax: (916) 319-2167 > E-mail: Assemblymember.Harman@assembly.ca.gov > > Patricia C. Bates > State Capitol, Room 6031 > Sacramento, CA 95814 > Phone: (916) 319-2073 > Fax: (916) 319-2173 > E-mail: assemblymember.bates@assembly.ca.gov > > Robert Pacheco > State Capitol, Room 4177 > Sacramento, CA 95814 > Phone: (916) 319-2060 > Fax: (916) 319-2160 > E-mail: assemblymember.robert.pacheco@asm/ca/gov > > Rod Pacheco > State Capitol, Room 2130 > Sacramento, CA 95814 > Phone: (916) 319-2064 > Fax: (916) 319-2164 > E-mail: rod.pacheco@asm.ca.gov > > John A. Dutra > State Capitol > P.O. Box 942849 > Sacramento, CA 94249-0001 > Phone: (916) 319-2020 > Fax: (916) 319-2120 > E-mail: Assemblymember.Dutra@assembly.ca.gov > > Hannah-Beth Jackson > State Capitol > P.O. Box 942849 > Sacramento, CA 94249-0001 > Phone: (916) 319-2035 > Fax: (916) 319-2135 > E-mail: Assemblymember.Jackson@assembly.ca.gov > > Howard Wayne > State Capitol > P.O. Box 942849 > Sacramento, CA 94249-0001 > Phone: (916) 319 -2078 > Fax: (916) 319 - 2178 > E-mail: Assemblymember.Wayne@assembly.ca.gov > > Darrell Steinberg > State Capitol > P.O. Box 942849 > Sacramento, CA 94249-0001 > Phone: (916) 319-2009 > Fax: (916) 319-2109 > E-mail: assemblymember.steinberg@assembly.ca.gov > > John Longville > State Capitol > P.O. Box 942849 > Sacramento, CA 94249-0001 > Phone: (916) 319-2062 > Fax: (916) 319-2162 > E-mail: Assemblymember.Longville@assembly.ca.gov > > Juan Vargas > State Capitol, Room 2188 > Sacramento, CA 94249-0001 > Phone: (916) 319-2079 > Fax: (916) 319-2179 > Email: Assemblymember.Vargas@assembly.ca.gov > > Kevin Shelley > State Capitol, Room 319 > Sacramento, California 95814 > Phone: (916) 319-2012 > Fax: (916) 319-2112 > E-mail: Kevin.Shelley@asm.ca.gov > > Also send a copy of your Assembly Judiciary Committee letter to these > three additional addresses: > > Governor Gray Davis > State Capitol Building > Sacramento, CA 95814 > Phone: 916-445-2841 > Fax: 916-445-4633 > E-mail: governor@governor.ca.gov > > Assembly Republican Caucus > Mark Redmond > Fax: 916-319-3902 > > Bastard Nation > E-mail: letters@bastards.org > > > -- > Iris Carter Jones > CSGA Legislative Coordinator > > > > ==== CEMETERY Mailing List ==== > This list is for Cemetery RESTORATION and PRESERVATION > NOT a surname search list > Our website is at: > http://www.geocities.com/Heartland/Falls/7965/cemlistp.htm > > ============================== > To join Ancestry.com and access our 1.2 billion online genealogy records, go to: > http://www.ancestry.com/rd/redir.asp?targetid=571&sourceid=1237 > >

Just wanted to let you all know that I (Marge Campbell) have sent notes to all those who are on the committee on Health. This is what I wrote: I just want to thank you for your YES vote on this measure (SB 1448)! Please know that your understanding of the need for those who have ancestor's or, in some cases friends & family buried at these places, deserve to have their loved ones lives documented in some way. There is not even a list of those buried in these unmarked graves. Below is a copy of a letter I sent to those who did not vote, which gives my reason for wanting this measure to succeed. Thank you again! Margie Campbell Lodi, CA margecam@attbi.com Coordinator of San Joaquin County CA chapter of Saving Graves **************************************************** Hello, My name is Margie Campbell, and I am coordinator of Saving Graves in San Joaquin county. I noticed that you voted against SB 1448. I just wanted to let you know how hard it is to get just a list of names of those buried in these old, forgotten & destroyed cemeteries. I have no known family in any of these cemeteries. I became involved in Stockton State Hospital/Asylum burial grounds because of a genealogy request I recieved about two years ago. A lady in Maryland emailed me... "I am adopted, I was with a horrid family, abuse, you name it... I recently found my birth mothers name, but she is dead & no one knows where she is buried. The person who was given as her next of kin was a brother in Stockton, CA... my only verifiable relative... this person died at the Stockton State Hospital & was buried there... can I get a photo of the grave? Where is it located? I would like to visit, as this uncle is my only link to my birthmom". Where I put "......" is where I left out name details, etc. This lady wanted just a photo of a grave & location to visit her only "blood" relative. I researched the possibilities of finding the grave. There is NO possibably of closure for this lady. The grave is in one of two places: 1. Buried at the State Hospital cemetery #2 (or is that #3?), located at 2800 N. California St., one mile north of the State Hospital grounds (Stockton, CA). This site was illegally rezoned & buildings cover all but 1.39 acres of a 15 acre site (supposedly only 5 were used as cemetery)... there are still over 3,500 buried there! No names, no dignity, nothing but a trash strewn vacant lot with transients living there, voiding on the site... it's horrid. 2. Uncle was one of the 895 bodies taken up and cremated at the Stockton State Hospital Farm (now Delta College site), and buried in common graves. I tried every channel to get this man's information for this lady. She had her doctor request the files... lost, can't be found, when the real reason is that the State Hospital kept lousy records.. deaths were in with daily supply purchases, etc. To hard to extract. I tried for an obit... State hospital inmates very rarely had obits, only if family claimed the body. Many went to medical research (visit the third link below for SJC Saving Graves). I had to inform this lady that she would never have any grave to visit. I took the best photo I could of the site & mailed that, with death certificate to her. She is heartbroken, and with good reason. Over 4,000 are missing from the WTC tragidy. At least those families were given a little item to use to have a memorial service & funeral with. Those people will have the dignity of a gravesite to visit, and probably a memorial at the WTC site also. There are almost as many people buried at this one cemetery site as missing in the WTC tragidy. These state hospital patients were never provided any dignity in life, and even less in death. They deserve to be listed somewhere so that their descendant's can find them. I hope you can reconsider when this item comes up for vote again. I walk the cemetery as often as I can, mostly standing in what is left... begging these souls to help me help them.... your yes vote would be appreciated, by me and all of those forgotton souls. Margie Buren Campbell Lodi, San Joaquin county, CA margecam@attbi.com Margie Campbell's Web Page http://freepages.genealogy.rootsweb.com/~mcampbel/ Iron County Missouri Web Site http://www.rootsweb.com/~moiron2/ http://www.usgennet.org/usa/ca/county/sanjoaquin/ Saving Graves page for San Joaquin county CA

Hello, My name is Margie Campbell, and I am coordinator of Saving Graves in San Joaquin county. I noticed that you voted against SB 1448. I just wanted to let you know how hard it is to get just a list of names of those buried in these old, forgotten & destroyed cemeteries. I have no known family in any of these cemeteries. I became involved in Stockton State Hospital/Asylum burial grounds because of a genealogy request I recieved about two years ago. A lady in Maryland emailed me... "I am adopted, I was with a horrid family, abuse, you name it... I recently found my birth mothers name, but she is dead & no one knows where she is buried. The person who was given as her next of kin was a brother in Stockton, CA... my only verifiable relative... this person died at the Stockton State Hospital & was buried there... can I get a photo of the grave? Where is it located? I would like to visit, as this uncle is my only link to my birthmom". Where I put "......" is where I left out name details, etc. This lady wanted just a photo of a grave & location to visit her only "blood" relative. I researched the possibilities of finding the grave. There is NO possibably of closure for this lady. The grave is in one of two places: 1. Buried at the State Hospital cemetery #2 (or is that #3?), located at 2800 N. California St., one mile north of the State Hospital grounds (Stockton, CA). This site was illegally rezoned & buildings cover all but 1.39 acres of a 15 acre site (supposedly only 5 were used as cemetery)... there are still over 3,500 buried there! No names, no dignity, nothing but a trash strewn vacant lot with transients living there, voiding on the site... it's horrid. 2. Uncle was one of the 895 bodies taken up and cremated at the Stockton State Hospital Farm (now Delta College site), and buried in common graves. I tried every channel to get this man's information for this lady. She had her doctor request the files... lost, can't be found, when the real reason is that the State Hospital kept lousy records.. deaths were in with daily supply purchases, etc. To hard to extract. I tried for an obit... State hospital inmates very rarely had obits, only if family claimed the body. Many went to medical research (visit the third link below for SJC Saving Graves). I had to inform this lady that she would never have any grave to visit. I took the best photo I could of the site & mailed that, with death certificate to her. She is heartbroken, and with good reason. Over 4,000 are missing from the WTC tragidy. At least those families were given a little item to use to have a memorial service & funeral with. Those people will have the dignity of a gravesite to visit, and probably a memorial at the WTC site also. There are almost as many people buried at this one cemetery site as missing in the WTC tragidy. These state hospital patients were never provided any dignity in life, and even less in death. They deserve to be listed somewhere so that their descendant's can find them. I hope you can reconsider when this item comes up for vote again. I walk the cemetery as often as I can, mostly standing in what is left... begging these souls to help me help them.... your yes vote would be appreciated, by me and all of those forgotton souls. Margie Buren Campbell Lodi, San Joaquin county, CA margecam@attbi.com Margie Campbell's Web Page http://freepages.genealogy.rootsweb.com/~mcampbel/ Iron County Missouri Web Site http://www.rootsweb.com/~moiron2/ http://www.usgennet.org/usa/ca/county/sanjoaquin/ Saving Graves page for San Joaquin county CA Host of Hermes & Wenström surname lists based in Sunny, Lodi, CA

See... I even put typos in this letter... makes it more "Personal"... Seriously... let your legislators know this is a bad bill... which is why it has been watered down so much already. Marge -----Original Message----- From: Margie Campbell [mailto:margecam@attbi.com] Sent: Saturday, June 29, 2002 8:30 AM To: NORCAL-L@rootsweb.com Subject: RE: California Senate Bill 1614-what to write Loupe.... answer these questions 1. Will this bill stop identity theft? 2. Has anyone documented identity theft from online or other birth/death indexes? 3. How would not having access to online records, or the ability to have the records available for others to check for you, affect you? 4. Where will the funds to set up computerized indexes come from? California has a shortfall of funds now... how will this bill be implemented? 5. Who do the credit reporting agencies hire to do their work? Are they bonded? 6. Can we be assured that those who will have access, won't abuse that access? There was a show on ABC (I think) that had people in the dmv handing out drivers licenses for a fee... who is going to stop that? Who is going to keep someone from going through our trash & taking those credit card applications and using them. They just need to send them in, with an address change... the credit card company will have access to our credit records... which contain ALL our credit information, SS#, Birth dates, addresses, account numbers, etc... If the person is denied... he can get a copy of OUR credit report by return mail... much easier than trying to find a person on the birth index, who is still in Calif, and making good money, with excellent credit.... much easier to go another route. Jot down your answers... and send them as is... you don't need to sound professional (I try my best NOT to)... let them know how it wil affect YOU, and that you want them to know how against this bill you are. Then offer suggestions to fix the problem... I suggested a statute making it unlawful to use inmates from local jails and prisions to input data in databanks, make credit card company telemarketing calls, etc.... Marge -----Original Message----- From: Lupe Lujan [mailto:willuj@worldnet.att.net] Sent: Thursday, June 27, 2002 8:09 PM To: NORCAL-L@rootsweb.com Subject: Re: California Senate Bill 1614 I'm not very good at composing letters of this importance and urgency. I would appreciate it if someone sends me a sample that I can copy. Lupe ----- Original Message ----- From: "Sue Silver" <ssilver1951@jps.net> To: <NORCAL-L@rootsweb.com> Sent: Wednesday, June 26, 2002 6:35 AM Subject: California Senate Bill 1614 This is to advise you that SB 1614, which will restrict access EVEN to INDEXES of births, deaths, etc., has been amended again. The new text is as below. If you value your right to research your genealogy or to help others who do not reside in the state, NOW is the time to contact your STATE REPRESENTATIVES. The California State Assembly and Senate websites have member listings and you may find how to contact your representatives by accessing those site. If you do nothing now, it will be too late to protest. Assembly http://www.assembly.ca.gov/acs/acsframeset7text.htm Find your district http://www.assembly.ca.gov/acs/acsframeset9text.htm Senate http://www.sen.ca.gov/~newsen/senators/senators.htp Find your district http://www.sen.ca.gov/~newsen/senators/districtmaps.HTP This Bill will KILL ANY access to these records except, of course, if you are a FINANCIAL INSTITUTION trying to see if an applicant is actually still living. If you like being punished because there are a few criminals out there, do nothing. This fits the bill... If you don't want your access restricted, contact your state representative and send this to others who may be interested. Sue Silver El Dorado County BILL NUMBER: SB 1614 AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 25, 2002 AMENDED IN SENATE MAY 30, 2002 AMENDED IN SENATE MAY 15, 2002 AMENDED IN SENATE APRIL 24, 2002 AMENDED IN SENATE APRIL 15, 2002 INTRODUCED BY Senator Speier FEBRUARY 21, 2002 An act to amend Section 102230 of, and to add Sections 102231 and 102232 to, the Health and Safety Code, relating to public records , and making an appropriation therefor . LEGISLATIVE COUNSEL'S DIGEST SB 1614, as amended, Speier. Public records: vital statistics. Existing law requires the Director of Health Services, as the State Registrar of Vital Statistics, to administer the registration of births, deaths, fetal deaths, and marriages. Existing law requires the State Registrar to arrange and permanently preserve the certificates in a systematic manner and to prepare and maintain a comprehensive and continuous index of all certificates registered. This bill would declare the intent of Legislature to enact legislation to protect the confidentiality of birth and death record indices. Existing law, the California Public Records Act, requires state and local agencies to make records that are not otherwise exempt from disclosure available to the public upon receipt of a request that reasonably describes an identifiable record, and upon payment of fees to cover costs. This bill would require the comprehensive index described above, and birth and death record indices prepared or maintained by local registrars and county recorders, to be kept confidential, except that these indices may be disclosed to government agencies as prescribed by law. This bill would exempt these indices from disclosure under the California Public Records Act. This bill would prohibit a government agency from selling or releasing these indices, except as authorized by law. This bill would also prohibit specified entities and individuals from releasing any of the information contained in a comprehensive index purchased from the State Registrar prior to December 31, 2001, to a 3rd party. This bill would authorize the department to assess an unspecified civil penalty to enforce this provision. This bill would require, on or before January 1, 2004, the State Registrar to establish separate noncomprehensive electronic indices of all California birth and death records and make the indices continuously, electronically available to county recorders' offices statewide. This bill would appropriate $400,000 to the State Department of Health Services from the Health Statistics Special Fund for the purposes of developing the noncomprehensive indices. This bill would require the noncomprehensive indices to be available at the State Registrar's office and in county recorders' offices for public inspection and viewing only at computer terminals designated for this purpose, by individuals who have signed a standard form certifying, under penalty of perjury, that the information they view will not be used for criminal purposes. This bill would, in order to prevent identity theft and fraud, permit the release of specified personal information contained in birth and death data files, as defined, to financial institutions and consumer credit reporting agencies, as defined, for the sole purpose of determining if the person whose information is being released is still living. By expanding the scope of the crime of perjury, and by increasing the duties of local officials, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Vote: majority 2/3 . Appropriation: no yes . Fiscal committee: no yes . State-mandated local program: no yes . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. It is the intent of the Legislature to enact legislation to protect the confidentiality of birth and death record indices. SECTION 1. Section 102230 of the Health and Safety Code is amended to read: 102230. (a) (1) The State Registrar shall arrange and permanently preserve the certificates in a systematic manner and shall prepare and maintain a comprehensive and continuous index indices and data files of all certificates registered. (2) Except as provided in Section 102231, the birth and death record indices prepared pursuant to paragraph (1), and all birth and death record indices prepared or maintained by local registrars and county recorders, shall be kept confidential and shall be exempt from disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). (3) Nothing in this section shall prohibit the release of the information contained in comprehensive birth and death record indices and data files to government agencies as prescribed by law. (4) Notwithstanding paragraph (2), the State Registrar may release the indices and data files described in paragraph (1) to any government agency. A government agency that obtains an index pursuant to this paragraph may not release any portion of its contents to any other party. (b) In addition to the indices prepared pursuant to subdivision (a), the State Registrar shall prepare separate noncomprehensive electronic indices of all California birth and death records that shall be made available for public inspection pursuant to Section 102231. (c) A government agency may not sell or release birth and death record indices prepared and maintained pursuant to subdivision (a) by the State Registrar or by local registrars and county recorders and obtained by the government agency, except as authorized by law. (d) (1) An individual, corporation, or other business entity that purchased a comprehensive index prepared by the State Registrar pursuant to subdivision (a) from the State Registrar prior to December 31, 2001, may not use, or sell, share, or disclose any of the information contained therein to a third party. (2) Any person who, in violation of this section uses, sells, shares, or discloses any information provided pursuant to this section, or who uses information provided pursuant to this section in a manner other than as authorized pursuant to this section, may be denied further access to any personally identifying information or confidential information maintained by the department. That person shall also be subject to the assessment of a civil penalty by the department in the amount of ____ ($____). The penalty provided in this section shall not be construed as restricting any remedy, criminal, provisional, or otherwise, provided by law for the benefit of the department or any person. (e) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. SEC. 2. Section 102231 is added to the Health and Safety Code, to read: 102231. (a) On or before January 1, 2004, and contingent upon funding being made available in the Budget Act or by other appropriation, the State Registrar shall establish separate noncomprehensive electronic indices of all California birth and death records and make the indices continuously, electronically available to county recorders' offices statewide. Notwithstanding the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), no part of these indices may be released to any individual or entity, except as authorized by this section or Section 102230 or 102232. (b) Contingent upon funding being made available in the Budget Act or by other appropriation, the separate noncomprehensive electronic indices prepared pursuant to this section shall be available at the State Registrar's office and in county recorders' offices for public inspection only at computer terminals designated for this purpose, and shall be subject to the following restrictions: (1) Availability to public inspection shall be limited to viewing only. (2) An individual who wishes to inspect the indices shall sign a standard form, as described in subdivision (d), certifying under penalty of perjury that the information he or she views will not be used for criminal purposes. Counties shall maintain the signed forms for seven years from the end of the month of signature. Maintenance of an electronic image of the form shall be an acceptable means of complying with this paragraph. (c) Upon implementation of subdivision (b), the separate noncomprehensive electronic indices prepared pursuant to this section shall be the only birth and death record indices open to public inspection or otherwise available to the public. Nothing in this section prohibits a disclosure that is authorized by Section 102232. (d) The State Registrar shall develop a standard form to be signed by persons who wish to inspect the indices, pursuant to paragraph (2) of subdivision (b). (e) For purposes of this section, "noncomprehensive index" means an index that contains information, excluding the social security numbers of deceased persons from death records, that the State Registrar has selected to include from the comprehensive index described in paragraph (1) of subdivision (a) of Section 102230. The State Registrar shall determine the information from the comprehensive index that shall be included in the noncomprehensive index, based on the lawful uses that may be made of the noncomprehensive index and the privacy needs of individuals whose records are included in the index. (f) The amount of four hundred thousand dollars ($400,000) is hereby appropriated from the Health Statistics Special Fund to the department for purposes of developing the noncomprehensive indices pursuant to subdivision (a). (g) A county is not required to comply with this section until the department has completed development of the viewing system, provided a computer terminal for public inspection purposes to the county, and established a maintenance agreement on the equipment with the county. SEC. 3. Section 102232 is added to the Health and Safety Code, to read: 102232. (a) For purposes of Sections 102230 and 102231 and this section, the following definitions apply: (1) "Birth data files" means computerized data compiled from birth certificates registered with the department and maintained pursuant to Section 102230. (2) "Death data files" means computerized data compiled from death certificates registered with the department and maintained pursuant to Section 102230. (3) "Person" means any individual, firm, corporation, partnership, limited liability company, joint venture, or association. (4) "Personal identifying information" means first name, middle name, last name, mother's maiden name, and father's surname, and a social security number that is contained in a death data file. (5) "Financial institution" means any commercial bank, trust company, savings and loan association, credit union, industrial loan company, insurance company, or person engaged in the business of lending money. (b) Notwithstanding any other provision of law, the department shall not release birth or death data files containing personal identifying information, except as follows: (1) Birth data files containing personal identifying information may be released to other governmental agencies, subject to Sections 102430 and 102447. (2) Birth data files containing personal identifying information may be released to researchers who have received approval for specific research pursuant to subdivision (c) of Section 102430. (3) Death data files containing personal identifying information may be released to persons expressing a valid scientific interest, as determined by the appropriate committee constituted for the protection of human subjects that is approved by the United States Department of Health and Human Services and has a general assurance pursuant to Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations. (4) (A) Notwithstanding any other provision of law, in order to prevent identity theft and fraud, information contained in death data files may be released to financial institutions, or consumer credit reporting agencies, as defined in subdivision (d) of Section 1785.3 of the Civil Code, or their agents and representatives, for the sole purpose of ascertaining whether an individual is still living. For purposes of this paragraph, this information shall be limited to first name, middle name, last name, date of birth, date of death, mother's maiden name, father's surname, social security number, and gender. (B) The information accessed pursuant to this paragraph shall be limited to the uses described in this paragraph and shall not be used, sold, shared, or disclosed for profiling or any other purpose inconsistent with the uses permitted by this paragraph. For the purposes of this paragraph, "profiling" means the use of statistics concerning race, ethnicity, disease, or cause of death to classify customers for a business reason. (C) Applicants for access to limited death data files shall complete the written application specified in subdivision (d), and shall include on that application a statement that the data will be used solely for the purpose of determining whether individuals are still living. (c) Any person who, in violation of this section, uses, sells, shares, or discloses any information provided pursuant to this section, or who uses information provided pursuant to this section in a manner other than as authorized pursuant to this section, may be denied further access to any personally identifying confidential information maintained by the department. That person shall also be subject to the assessment of a civil penalty by the department in the amount of ____ ($____). The penalty provided in this section shall not be construed as restricting any remedy, criminal, provisional, or otherwise, provided by law for the benefit of the department or any person. (d) All requests for information pursuant to this section shall be by written application. The application shall disclose the identity of the requester and the purpose for which the data is intended. The application shall contain an affirmation by the requester that the information shall be maintained in a secure fashion and will not be transferred, used, sold, shared, or disclosed to another party and a notice that states, "IT IS A CRIME TO WILLFULLY OBTAIN AND USE PERSONAL IDENTIFYING INFORMATION OF ANOTHER FOR ANY UNLAWFUL PURPOSE." The application shall contain a statement signed by the requester under penalty of perjury that only the requester will use the data and only for the purpose identified in the application. (e) The department shall adopt any regulations necessary to implement this section as emergency regulations. (f) The department may establish and impose reasonable charges to offset the costs of preparing and releasing birth and death data files. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because in that regard this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. However, notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. ==== NORCAL Mailing List ==== To unsubscribe from digest version, send a message to NORCAL-D-request@rootsweb.com with nothing but the word UNSUBSCRIBE in the body text.

Loupe.... answer these questions 1. Will this bill stop identity theft? 2. Has anyone documented identity theft from online or other birth/death indexes? 3. How would not having access to online records, or the ability to have the records available for others to check for you, affect you? 4. Where will the funds to set up computerized indexes come from? California has a shortfall of funds now... how will this bill be implemented? 5. Who do the credit reporting agencies hire to do their work? Are they bonded? 6. Can we be assured that those who will have access, won't abuse that access? There was a show on ABC (I think) that had people in the dmv handing out drivers licenses for a fee... who is going to stop that? Who is going to keep someone from going through our trash & taking those credit card applications and using them. They just need to send them in, with an address change... the credit card company will have access to our credit records... which contain ALL our credit information, SS#, Birth dates, addresses, account numbers, etc... If the person is denied... he can get a copy of OUR credit report by return mail... much easier than trying to find a person on the birth index, who is still in Calif, and making good money, with excellent credit.... much easier to go another route. Jot down your answers... and send them as is... you don't need to sound professional (I try my best NOT to)... let them know how it wil affect YOU, and that you want them to know how against this bill you are. Then offer suggestions to fix the problem... I suggested a statute making it unlawful to use inmates from local jails and prisions to input data in databanks, make credit card company telemarketing calls, etc.... Marge -----Original Message----- From: Lupe Lujan [mailto:willuj@worldnet.att.net] Sent: Thursday, June 27, 2002 8:09 PM To: NORCAL-L@rootsweb.com Subject: Re: California Senate Bill 1614 I'm not very good at composing letters of this importance and urgency. I would appreciate it if someone sends me a sample that I can copy. Lupe ----- Original Message ----- From: "Sue Silver" <ssilver1951@jps.net> To: <NORCAL-L@rootsweb.com> Sent: Wednesday, June 26, 2002 6:35 AM Subject: California Senate Bill 1614 This is to advise you that SB 1614, which will restrict access EVEN to INDEXES of births, deaths, etc., has been amended again. The new text is as below. If you value your right to research your genealogy or to help others who do not reside in the state, NOW is the time to contact your STATE REPRESENTATIVES. The California State Assembly and Senate websites have member listings and you may find how to contact your representatives by accessing those site. If you do nothing now, it will be too late to protest. Assembly http://www.assembly.ca.gov/acs/acsframeset7text.htm Find your district http://www.assembly.ca.gov/acs/acsframeset9text.htm Senate http://www.sen.ca.gov/~newsen/senators/senators.htp Find your district http://www.sen.ca.gov/~newsen/senators/districtmaps.HTP This Bill will KILL ANY access to these records except, of course, if you are a FINANCIAL INSTITUTION trying to see if an applicant is actually still living. If you like being punished because there are a few criminals out there, do nothing. This fits the bill... If you don't want your access restricted, contact your state representative and send this to others who may be interested. Sue Silver El Dorado County BILL NUMBER: SB 1614 AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 25, 2002 AMENDED IN SENATE MAY 30, 2002 AMENDED IN SENATE MAY 15, 2002 AMENDED IN SENATE APRIL 24, 2002 AMENDED IN SENATE APRIL 15, 2002 INTRODUCED BY Senator Speier FEBRUARY 21, 2002 An act to amend Section 102230 of, and to add Sections 102231 and 102232 to, the Health and Safety Code, relating to public records , and making an appropriation therefor . LEGISLATIVE COUNSEL'S DIGEST SB 1614, as amended, Speier. Public records: vital statistics. Existing law requires the Director of Health Services, as the State Registrar of Vital Statistics, to administer the registration of births, deaths, fetal deaths, and marriages. Existing law requires the State Registrar to arrange and permanently preserve the certificates in a systematic manner and to prepare and maintain a comprehensive and continuous index of all certificates registered. This bill would declare the intent of Legislature to enact legislation to protect the confidentiality of birth and death record indices. Existing law, the California Public Records Act, requires state and local agencies to make records that are not otherwise exempt from disclosure available to the public upon receipt of a request that reasonably describes an identifiable record, and upon payment of fees to cover costs. This bill would require the comprehensive index described above, and birth and death record indices prepared or maintained by local registrars and county recorders, to be kept confidential, except that these indices may be disclosed to government agencies as prescribed by law. This bill would exempt these indices from disclosure under the California Public Records Act. This bill would prohibit a government agency from selling or releasing these indices, except as authorized by law. This bill would also prohibit specified entities and individuals from releasing any of the information contained in a comprehensive index purchased from the State Registrar prior to December 31, 2001, to a 3rd party. This bill would authorize the department to assess an unspecified civil penalty to enforce this provision. This bill would require, on or before January 1, 2004, the State Registrar to establish separate noncomprehensive electronic indices of all California birth and death records and make the indices continuously, electronically available to county recorders' offices statewide. This bill would appropriate $400,000 to the State Department of Health Services from the Health Statistics Special Fund for the purposes of developing the noncomprehensive indices. This bill would require the noncomprehensive indices to be available at the State Registrar's office and in county recorders' offices for public inspection and viewing only at computer terminals designated for this purpose, by individuals who have signed a standard form certifying, under penalty of perjury, that the information they view will not be used for criminal purposes. This bill would, in order to prevent identity theft and fraud, permit the release of specified personal information contained in birth and death data files, as defined, to financial institutions and consumer credit reporting agencies, as defined, for the sole purpose of determining if the person whose information is being released is still living. By expanding the scope of the crime of perjury, and by increasing the duties of local officials, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Vote: majority 2/3 . Appropriation: no yes . Fiscal committee: no yes . State-mandated local program: no yes . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. It is the intent of the Legislature to enact legislation to protect the confidentiality of birth and death record indices. SECTION 1. Section 102230 of the Health and Safety Code is amended to read: 102230. (a) (1) The State Registrar shall arrange and permanently preserve the certificates in a systematic manner and shall prepare and maintain a comprehensive and continuous index indices and data files of all certificates registered. (2) Except as provided in Section 102231, the birth and death record indices prepared pursuant to paragraph (1), and all birth and death record indices prepared or maintained by local registrars and county recorders, shall be kept confidential and shall be exempt from disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). (3) Nothing in this section shall prohibit the release of the information contained in comprehensive birth and death record indices and data files to government agencies as prescribed by law. (4) Notwithstanding paragraph (2), the State Registrar may release the indices and data files described in paragraph (1) to any government agency. A government agency that obtains an index pursuant to this paragraph may not release any portion of its contents to any other party. (b) In addition to the indices prepared pursuant to subdivision (a), the State Registrar shall prepare separate noncomprehensive electronic indices of all California birth and death records that shall be made available for public inspection pursuant to Section 102231. (c) A government agency may not sell or release birth and death record indices prepared and maintained pursuant to subdivision (a) by the State Registrar or by local registrars and county recorders and obtained by the government agency, except as authorized by law. (d) (1) An individual, corporation, or other business entity that purchased a comprehensive index prepared by the State Registrar pursuant to subdivision (a) from the State Registrar prior to December 31, 2001, may not use, or sell, share, or disclose any of the information contained therein to a third party. (2) Any person who, in violation of this section uses, sells, shares, or discloses any information provided pursuant to this section, or who uses information provided pursuant to this section in a manner other than as authorized pursuant to this section, may be denied further access to any personally identifying information or confidential information maintained by the department. That person shall also be subject to the assessment of a civil penalty by the department in the amount of ____ ($____). The penalty provided in this section shall not be construed as restricting any remedy, criminal, provisional, or otherwise, provided by law for the benefit of the department or any person. (e) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. SEC. 2. Section 102231 is added to the Health and Safety Code, to read: 102231. (a) On or before January 1, 2004, and contingent upon funding being made available in the Budget Act or by other appropriation, the State Registrar shall establish separate noncomprehensive electronic indices of all California birth and death records and make the indices continuously, electronically available to county recorders' offices statewide. Notwithstanding the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), no part of these indices may be released to any individual or entity, except as authorized by this section or Section 102230 or 102232. (b) Contingent upon funding being made available in the Budget Act or by other appropriation, the separate noncomprehensive electronic indices prepared pursuant to this section shall be available at the State Registrar's office and in county recorders' offices for public inspection only at computer terminals designated for this purpose, and shall be subject to the following restrictions: (1) Availability to public inspection shall be limited to viewing only. (2) An individual who wishes to inspect the indices shall sign a standard form, as described in subdivision (d), certifying under penalty of perjury that the information he or she views will not be used for criminal purposes. Counties shall maintain the signed forms for seven years from the end of the month of signature. Maintenance of an electronic image of the form shall be an acceptable means of complying with this paragraph. (c) Upon implementation of subdivision (b), the separate noncomprehensive electronic indices prepared pursuant to this section shall be the only birth and death record indices open to public inspection or otherwise available to the public. Nothing in this section prohibits a disclosure that is authorized by Section 102232. (d) The State Registrar shall develop a standard form to be signed by persons who wish to inspect the indices, pursuant to paragraph (2) of subdivision (b). (e) For purposes of this section, "noncomprehensive index" means an index that contains information, excluding the social security numbers of deceased persons from death records, that the State Registrar has selected to include from the comprehensive index described in paragraph (1) of subdivision (a) of Section 102230. The State Registrar shall determine the information from the comprehensive index that shall be included in the noncomprehensive index, based on the lawful uses that may be made of the noncomprehensive index and the privacy needs of individuals whose records are included in the index. (f) The amount of four hundred thousand dollars ($400,000) is hereby appropriated from the Health Statistics Special Fund to the department for purposes of developing the noncomprehensive indices pursuant to subdivision (a). (g) A county is not required to comply with this section until the department has completed development of the viewing system, provided a computer terminal for public inspection purposes to the county, and established a maintenance agreement on the equipment with the county. SEC. 3. Section 102232 is added to the Health and Safety Code, to read: 102232. (a) For purposes of Sections 102230 and 102231 and this section, the following definitions apply: (1) "Birth data files" means computerized data compiled from birth certificates registered with the department and maintained pursuant to Section 102230. (2) "Death data files" means computerized data compiled from death certificates registered with the department and maintained pursuant to Section 102230. (3) "Person" means any individual, firm, corporation, partnership, limited liability company, joint venture, or association. (4) "Personal identifying information" means first name, middle name, last name, mother's maiden name, and father's surname, and a social security number that is contained in a death data file. (5) "Financial institution" means any commercial bank, trust company, savings and loan association, credit union, industrial loan company, insurance company, or person engaged in the business of lending money. (b) Notwithstanding any other provision of law, the department shall not release birth or death data files containing personal identifying information, except as follows: (1) Birth data files containing personal identifying information may be released to other governmental agencies, subject to Sections 102430 and 102447. (2) Birth data files containing personal identifying information may be released to researchers who have received approval for specific research pursuant to subdivision (c) of Section 102430. (3) Death data files containing personal identifying information may be released to persons expressing a valid scientific interest, as determined by the appropriate committee constituted for the protection of human subjects that is approved by the United States Department of Health and Human Services and has a general assurance pursuant to Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations. (4) (A) Notwithstanding any other provision of law, in order to prevent identity theft and fraud, information contained in death data files may be released to financial institutions, or consumer credit reporting agencies, as defined in subdivision (d) of Section 1785.3 of the Civil Code, or their agents and representatives, for the sole purpose of ascertaining whether an individual is still living. For purposes of this paragraph, this information shall be limited to first name, middle name, last name, date of birth, date of death, mother's maiden name, father's surname, social security number, and gender. (B) The information accessed pursuant to this paragraph shall be limited to the uses described in this paragraph and shall not be used, sold, shared, or disclosed for profiling or any other purpose inconsistent with the uses permitted by this paragraph. For the purposes of this paragraph, "profiling" means the use of statistics concerning race, ethnicity, disease, or cause of death to classify customers for a business reason. (C) Applicants for access to limited death data files shall complete the written application specified in subdivision (d), and shall include on that application a statement that the data will be used solely for the purpose of determining whether individuals are still living. (c) Any person who, in violation of this section, uses, sells, shares, or discloses any information provided pursuant to this section, or who uses information provided pursuant to this section in a manner other than as authorized pursuant to this section, may be denied further access to any personally identifying confidential information maintained by the department. That person shall also be subject to the assessment of a civil penalty by the department in the amount of ____ ($____). The penalty provided in this section shall not be construed as restricting any remedy, criminal, provisional, or otherwise, provided by law for the benefit of the department or any person. (d) All requests for information pursuant to this section shall be by written application. The application shall disclose the identity of the requester and the purpose for which the data is intended. The application shall contain an affirmation by the requester that the information shall be maintained in a secure fashion and will not be transferred, used, sold, shared, or disclosed to another party and a notice that states, "IT IS A CRIME TO WILLFULLY OBTAIN AND USE PERSONAL IDENTIFYING INFORMATION OF ANOTHER FOR ANY UNLAWFUL PURPOSE." The application shall contain a statement signed by the requester under penalty of perjury that only the requester will use the data and only for the purpose identified in the application. (e) The department shall adopt any regulations necessary to implement this section as emergency regulations. (f) The department may establish and impose reasonable charges to offset the costs of preparing and releasing birth and death data files. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because in that regard this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. However, notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. ==== NORCAL Mailing List ==== To unsubscribe from digest version, send a message to NORCAL-D-request@rootsweb.com with nothing but the word UNSUBSCRIBE in the body text.

Almost there!!!!!! Amended bill content below original message. The latest revision was to remove Strom Martin as a coauthor.. and divide item (2), beginning at the word "notwithstanding", and then they had to renumber the rest of the items accordingly... so basically should pass as given below.... hard to type with fingers crossed! Marge Campbell -----Original Message----- From: comments@www.leginfo.ca.gov [mailto:comments@www.leginfo.ca.gov] Sent: Saturday, June 29, 2002 4:10 AM To: MARGECAM@ATTBI.COM Subject: OFFICIAL CALIFORNIA BILL INFORMATION Date and Time of Update: Sat Jun 29 3:06:39 US/Pacific 2002 Legislative action has occurred on bill(s) you have subscribed to through the California Legislative Counsel's web site (http://www.leginfo.ca.gov) or the California State Senate's web site (http://www.sen.ca.gov). You can link to the Bill Documents page or to the specific page of information that has been updated. If you cannot link from this E-mail message, you can enter the URL on your Internet Browser. SB 1448 http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_1448&sess=CUR&ho use=B&search_type=email HISTORY http://www.leginfo.ca.gov/pub/bill/sen/sb_1401-1450/sb_1448_bill_20020628_h istory.html STATUS http://www.leginfo.ca.gov/pub/bill/sen/sb_1401-1450/sb_1448_bill_20020628_s tatus.html BILL NUMBER: SB 1448 AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 28, 2002 AMENDED IN ASSEMBLY JUNE 10, 2002 AMENDED IN SENATE APRIL 10, 2002 INTRODUCED BY Senators Chesbro, Perata, Romero, and Scott (Coauthors: Senators Kuehl and Machado) (Coauthors: Assembly Members Aroner, Ashburn, Bates, Longville, and Strom-Martin) Strom-Martin, and Thomson) FEBRUARY 15, 2002 An act to add Section 4015 to the Welfare and Institutions Code, relating to state hospitals and developmental centers. LEGISLATIVE COUNSEL'S DIGEST SB 1448, as amended, Chesbro. Deceased residents of state hospitals and developmental centers. Existing law provides for various types of cemeteries, including public cemeteries, private cemeteries, and cemetery authorities. Existing law establishes recordkeeping requirements as to each type of cemetery. Existing law provides for state hospitals under the jurisdiction of the State Department of Mental Health and developmental centers under the jurisdiction of the State Department of Developmental Services. This bill would require the State Department of Mental Health, in coordination with other state entities and a task force composed as prescribed, to conduct and complete an inventory of all materials and records necessary to create the most complete record of persons who have died while residing at state hospitals and developmental centers and, within existing resources, to identify the locations of gravesites, as specified, and the names of patients whose remains were donated for medical research. This bill would also require these entities to assist the California Memorial Project in conducting research regarding the records of deaths and burials at state hospitals and developmental centers, in developing a plan for the restoration of gravesites and cemeteries at state hospitals and developmental centers and gravesites not located on state lands but designated by the state for burial of state hospital or developmental center residents, and to develop a protocol for the future interment of any patient who dies while residing at a state hospital or developmental center and whose remains are unclaimed by a family member. This bill would require the department to submit a status update, as prescribed, as to the implementation of this bill to the Legislature no later than January 31, 2004. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. (a) The Legislature finds and declares all the following: (1) The state has provided services to persons with disabilities in state hospitals and developmental centers since the mid-1850s. (2) Over 20,000 patients died while in residency at a state hospital or developmental center from the mid-1850s until 1960. (3) Information about the patients who have died while in residency at a state hospital or developmental center is incomplete. (4) Cemeteries at state hospitals and developmental centers have not been used for interments since the 1960s, have fallen into disrepair, and are in need of restoration. Most of the existing gravesites are unmarked and, in most cases, these cemeteries are untended. Many of these cemeteries are, in effect, massive gravesites, and many records identifying where bodies are buried have been misplaced or destroyed. (5) The state has an obligation to provide appropriate interment for patients who die while residing at a state hospital or developmental center and whose remains are not claimed by a family member. (6) The state has an obligation to ensure maintenance of gravesites on state hospital and developmental center lands, and gravesites not located on state lands but designated by the state for burial of state hospital or developmental center residents, in a manner that is respectful, and includes individual acknowledgment, of the persons buried there. (7) The state has an obligation to maintain appropriate records about persons who resided in state hospitals and developmental centers, including, but not limited to, their names, date of admittance, date of death, and cause of death. (8) Persons with disabilities should play a leadership role in restoring the integrity of gravesites at state hospitals and developmental center lands and gravesites not located on state lands but designated by the state for burial of state hospital or developmental center residents. (b) It is the intent of the Legislature to enact legislation that would require the state to support persons with disabilities in their efforts to restore dignity to persons whose remains are buried in gravesites on state hospital and developmental center lands, and in gravesites not located on state lands but designated by the state for burial of state hospital or developmental center residents. SEC. 2. Section 4015 is added to the Welfare and Institutions Code, to read: 4015. (a) The State Department of Mental Health shall, in coordination with the task force described in subdivision (b) and with other state entities, including, but not limited to, the Department of General Services, the State Department of Developmental Services, the Secretary of State, and the California State Library, do all of the following: (1) Conduct and complete inventories of all of the following: (A) All materials and records necessary to create the most complete record of persons who died while residing at any state hospital as defined in Section 7200, or any developmental center as defined in Section 4440. (B) Within existing resources, identify the location of all gravesites at existing state hospitals and developmental center lands and of gravesites not located on state lands but designated by the state for burial of state hospital or developmental center residents. This shall include the location of remains that may have been moved from their original burial site and the location of grave markers that may have been moved from gravesites. (C) Within existing resources, identify the names of patients whose remains were donated for medical research, the entity to which the remains were donated, and the final disposition of those remains. (2) Assist and cooperate with the California Memorial Project in conducting research regarding the records of deaths and burials of persons at state hospitals and developmental centers and cemeteries based on the grounds of these facilities. This assistance shall , subject to paragraph (3), include the granting of access to those state records as necessary to perform the inventories described in this section. Notwithstanding (3) Notwithstanding Section 5328 or any other provision of law regarding confidentiality of patient records, the information described in this section shall be limited to the name, date of birth, date of death, and photographic images of any person who died while in residency at any state hospital or developmental center and shall be made available for the purposes of the implementation of this section. The exportation and use of these records or photographic images from state facilities shall be limited to the information delineated within, and the purposes of, this section. (3) (4) Assist the California Memorial Project in developing a plan for the restoration of gravesites and cemeteries at state hospitals and developmental centers and gravesites not located on state lands but designated by the state for burial of state hospital or developmental center residents. (4) (5) Develop a protocol for the future interment of patients who die while residing at a state hospital or developmental center and are unclaimed by a family member. (5) (6) The department may develop a protocol to coordinate the efforts of the state entities described in this subdivision. (b) (1) The State Department of Mental Health shall establish a task force to provide leadership and direction in carrying out the activities described in this section. The task force shall consist of representatives selected by each of the following entities: (A) The Peer Self-Advocacy Unit of Protection and Advocacy, Inc. (B) California Network of Mental Health Clients. (C) Capitol People First. (2) To the extent that funding is available, task force members shall be reimbursed for necessary travel expenses associated with serving on the task force. When requested by a task force member with a disability, the state shall pay the cost of a facilitator chosen by the task force member. (c) In implementing this section, the state shall make no structural changes to existing gravesites on state hospital or developmental center lands prior to the submission of, and which do not conform with, the restoration plan described in paragraph (3) of subdivision (a). (d) The State Department of Mental Health shall submit a status update on the implementation of this section, including a description of barriers, if any, to conducting the activities described in this section, to the Legislature by January 31, 2004.

Good morning, I have received copies of a number of letters people are sending in opposition to this Bill that is now moving through the Assembly. In looking at the history posting on the website, this Bill only passed the Senate by 5 votes and the wording had been changed to just a statement of intent. The new wording of the Bill was amended after the Senate vote when it came before the Assembly. Since the Senate passed the "intent" Bill with such a slim margin, I believe those who oppose this Bill should concentrate your opposition statements and messages on members of the Assembly and the Governor. There are better ways to control identity thieves than this Bill. If we have to lock up every piece and minutia of public information to prevent this, we may as well just lock our front doors and never step outside again. There is far more information about all of us floating around the computers of corporate America that is far more valuable than our birth or death certificates. The government requires our SSI information be included on Death Certificates. Let them figure a better way to protect that information that doesn't punish genealogists and family researchers the way this one does. Sue Silver El Dorado County, CA My apologies to anyone who might not be interested in this subject. The List resources I've placed on my email group are aimed primarily at California counties.

Update below... back to Assembly... please let your government officials know that this is a very much needed bill! Marge -----Original Message----- From: comments@www.leginfo.ca.gov [mailto:comments@www.leginfo.ca.gov] Sent: Friday, June 28, 2002 6:53 AM To: MARGECAM@ATTBI.COM Subject: OFFICIAL CALIFORNIA BILL INFORMATION Date and Time of Update: Fri Jun 28 4:58:26 US/Pacific 2002 Legislative action has occurred on bill(s) you have subscribed to through the California Legislative Counsel's web site (http://www.leginfo.ca.gov) or the California State Senate's web site (http://www.sen.ca.gov). You can link to the Bill Documents page or to the specific page of information that has been updated. If you cannot link from this E-mail message, you can enter the URL on your Internet Browser. SB 1448 http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_1448&sess=CUR&ho use=B&search_type=email HISTORY http://www.leginfo.ca.gov/pub/bill/sen/sb_1401-1450/sb_1448_bill_20020610_h istory.html STATUS http://www.leginfo.ca.gov/pub/bill/sen/sb_1401-1450/sb_1448_bill_20020627_s tatus.html

My Senate representative is Rico Oller. This was his staff's reply to me regarding this issue. Perhaps his suggestion to let Gray Davis know how we feel is a good one. Anyone wishing to tell the Governor we think this Bill to restrict access to Vital Statistics is uncalled for, and more detrimental to the public at large than it will be to identity thieves, please email him at: Governor Gray Davis: mailto:governor@governor.ca.gov If this Bill makes it through the Assembly, Governor Davis will be our only hope to veto it. Sue Silver El Dorado County ----- Original Message ----- From: Senator Oller To: 'Sue Silver' Sent: Friday, June 28, 2002 12:59 PM Subject: RE: Senate Bill 1614 - OPPOSE Dear Sue: Thank you for contacting my office regarding your opposition to Senate Bill 1614. I am pleased to have the opportunity to respond to your concerns. As you can see by the votes below, on June 10, 2002, I voted "No" on this bill. Unfortunately, it passed and is currently awaiting review in the Assembly. I recommend contacting the Governor and voicing your opposition as well. I appreciate you informing me of your views on this issue. Informing me of your opinions, tells me that people in our community are concerned about what the government is doing. I hope you will continue to contact me and feel free to share your concerns. If you have any further questions or concerns regarding this or any other matter, please do not hesitate to contact me. I consider it an honor to represent you in the State Senate. Sincerely, Senator Rico Oller VOTES - ROLL CALL MEASURE: SB 1614 AUTHOR: Speier TOPIC: Public records: vital statistics. DATE: 06/10/2002 LOCATION: SEN. FLOOR MOTION: Senate 3rd Reading SB1614 Speier (AYES 21. NOES 16.) (PASS) AYES **** Alarcon Alpert Burton Costa Escutia Figueroa Karnette Kuehl Machado Murray O'Connell Ortiz Peace Perata Romero Scott Sher Soto Speier Torlakson Vasconcellos NOES **** Ackerman Battin Bowen Brulte Dunn Haynes Johannessen Johnson Knight Margett McClintock McPherson Monteith Morrow Oller Poochigian ABSENT, ABSTAINING, OR NOT VOTING ********************************* Chesbro Polanco Vincent -----Original Message----- From: Sue Silver [mailto:ssilver1951@jps.net] Sent: Thursday, June 27, 2002 7:32 AM To: Assemblymember.Corbett@assembly.ca.gov Cc: Thomas "Rico" Oller Subject: Senate Bill 1614 - OPPOSE Ellen M. Corbett, Chair Assembly Committee on Judiciary Dear Madam Chair: My family came to California in 1850. My great-great-grandfather died in 1897, NOT in Sutter County as we had always believed, but in Amador County. Had we not had our public vital records information available, I would not have found this information out, for legislation such as SB 1614 would require me to go to extraordinary, cumbersome and financial lengths just to learn where my OWN family died and is buried. Please do not subject CALIFORNIANS to this wasteful legislation that will only hurt millions of good, law abiding citizens simply as a feeble attempt to thwart those who would commit crimes anyway. Respectfully, Sue Silver 3782 Sheridan Road Cameron Park, CA 95682 (530) 676-2889 Email: ssilver1951@jps.net

This is a Message Board Post that is gatewayed to this mailing list. Surnames: Clift, Spong, Cox Classification: Query Message Board URL: http://boards.ancestry.com/mbexec/msg/rw/AY.2ADE/1043.1.1.1 Message Board Post: Thank you for answering my questions. In fact, over the last few days, another kind Californian went into the Register's Office and checked on a marriage between Perl Clift and Edith Mae (Spong) Cox--and didn't find anything! However, the answers to the questions are: (1) The marriage index is public, in that you don't have to be a direct descendant to obtain information. (2) Only the Office staff accesses the index, but they will do the lookups while you wait. You can also transcribe the info yourself if you don't want to get a certified copy. I hope this information helps someone else.

This is a Message Board Post that is gatewayed to this mailing list. Surnames: GATES, GRAHAM, FILBIN, PRUSSNER Classification: Obituary Message Board URL: http://boards.ancestry.com/mbexec/msg/rw/AY.2ADE/99.1 Message Board Post: I have no further information. GATES, Mary Lodi, San Joaquin Co., CA Obituary Nov 29, 1980

This is a Message Board Post that is gatewayed to this mailing list. Classification: Query Message Board URL: http://boards.ancestry.com/mbexec/msg/an/AY.2ADE/1043.1.1 Message Board Post: you can get a copy on the web but it will cost you . if you can have some one in the city that go to the court house it want cost verry much

(Note to those to whom this is forwarded: I included my full address in the original email to Assemblymember Corbett.) Ellen M. Corbett, Chair Assembly Committee on Judiciary Dear Madam Chair: My family came to California in 1850. My great-great-grandfather died in 1897, NOT in Sutter County as we had always believed, but in Amador County. Had we not had our public vital records information available, I would not have found this information out, for legislation such as SB 1614 would require me to go to extraordinary, cumbersome and financial lengths just to learn where my OWN family died and is buried. Please do not subject CALIFORNIANS to this wasteful legislation that will only hurt millions of good, law abiding citizens simply as a feeble attempt to thwart those who would commit crimes anyway. Respectfully, Sue Silver Cameron Park, CA 95682

----- Original Message ----- From: <comments@www.leginfo.ca.gov> To: <SSILVER1951@JPS.NET> Sent: Wednesday, June 26, 2002 5:19 AM Subject: OFFICIAL CALIFORNIA BILL INFORMATION > Date and Time of Update: Wed Jun 26 3:31:04 US/Pacific 2002 > > > Legislative action has occurred on bill(s) you have subscribed > to through the California Legislative Counsel's web site > (http://www.leginfo.ca.gov) > or the California State Senate's web site > (http://www.sen.ca.gov). > > You can link to the Bill Documents page or to the specific page > of information that has been updated. If you cannot link from this > E-mail message, you can enter the URL on your Internet Browser. > > > > > > SB 1614 http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_1614&sess=CUR&hou se=B&search_type=email > > AMENDED http://www.leginfo.ca.gov/pub/bill/sen/sb_1601-1650/sb_1614_bill_20020625_am ended_asm.html > > HISTORY http://www.leginfo.ca.gov/pub/bill/sen/sb_1601-1650/sb_1614_bill_20020625_hi story.html > > STATUS http://www.leginfo.ca.gov/pub/bill/sen/sb_1601-1650/sb_1614_bill_20020625_st atus.html > > > > SB 1952 http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_1952&sess=CUR&hou se=B&search_type=email > > HISTORY http://www.leginfo.ca.gov/pub/bill/sen/sb_1951-2000/sb_1952_bill_20020625_hi story.html > > STATUS http://www.leginfo.ca.gov/pub/bill/sen/sb_1951-2000/sb_1952_bill_20020625_st atus.html > > VOTES http://www.leginfo.ca.gov/pub/bill/sen/sb_1951-2000/sb_1952_vote_20020625_00 0002_asm_comm.html > >

This is to advise you that SB 1614, which will restrict access EVEN to INDEXES of births, deaths, etc., has been amended again. The new text is as below. If you value your right to research your genealogy or to help others who do not reside in the state, NOW is the time to contact your STATE REPRESENTATIVES. The California State Assembly and Senate websites have member listings and you may find how to contact your representatives by accessing those site. If you do nothing now, it will be too late to protest. Assembly http://www.assembly.ca.gov/acs/acsframeset7text.htm Find your district http://www.assembly.ca.gov/acs/acsframeset9text.htm Senate http://www.sen.ca.gov/~newsen/senators/senators.htp Find your district http://www.sen.ca.gov/~newsen/senators/districtmaps.HTP This Bill will KILL ANY access to these records except, of course, if you are a FINANCIAL INSTITUTION trying to see if an applicant is actually still living. If you like being punished because there are a few criminals out there, do nothing. This fits the bill... If you don't want your access restricted, contact your state representative and send this to others who may be interested. Sue Silver El Dorado County BILL NUMBER: SB 1614 AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 25, 2002 AMENDED IN SENATE MAY 30, 2002 AMENDED IN SENATE MAY 15, 2002 AMENDED IN SENATE APRIL 24, 2002 AMENDED IN SENATE APRIL 15, 2002 INTRODUCED BY Senator Speier FEBRUARY 21, 2002 An act to amend Section 102230 of, and to add Sections 102231 and 102232 to, the Health and Safety Code, relating to public records , and making an appropriation therefor . LEGISLATIVE COUNSEL'S DIGEST SB 1614, as amended, Speier. Public records: vital statistics. Existing law requires the Director of Health Services, as the State Registrar of Vital Statistics, to administer the registration of births, deaths, fetal deaths, and marriages. Existing law requires the State Registrar to arrange and permanently preserve the certificates in a systematic manner and to prepare and maintain a comprehensive and continuous index of all certificates registered. This bill would declare the intent of Legislature to enact legislation to protect the confidentiality of birth and death record indices. Existing law, the California Public Records Act, requires state and local agencies to make records that are not otherwise exempt from disclosure available to the public upon receipt of a request that reasonably describes an identifiable record, and upon payment of fees to cover costs. This bill would require the comprehensive index described above, and birth and death record indices prepared or maintained by local registrars and county recorders, to be kept confidential, except that these indices may be disclosed to government agencies as prescribed by law. This bill would exempt these indices from disclosure under the California Public Records Act. This bill would prohibit a government agency from selling or releasing these indices, except as authorized by law. This bill would also prohibit specified entities and individuals from releasing any of the information contained in a comprehensive index purchased from the State Registrar prior to December 31, 2001, to a 3rd party. This bill would authorize the department to assess an unspecified civil penalty to enforce this provision. This bill would require, on or before January 1, 2004, the State Registrar to establish separate noncomprehensive electronic indices of all California birth and death records and make the indices continuously, electronically available to county recorders' offices statewide. This bill would appropriate $400,000 to the State Department of Health Services from the Health Statistics Special Fund for the purposes of developing the noncomprehensive indices. This bill would require the noncomprehensive indices to be available at the State Registrar's office and in county recorders' offices for public inspection and viewing only at computer terminals designated for this purpose, by individuals who have signed a standard form certifying, under penalty of perjury, that the information they view will not be used for criminal purposes. This bill would, in order to prevent identity theft and fraud, permit the release of specified personal information contained in birth and death data files, as defined, to financial institutions and consumer credit reporting agencies, as defined, for the sole purpose of determining if the person whose information is being released is still living. By expanding the scope of the crime of perjury, and by increasing the duties of local officials, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Vote: majority 2/3 . Appropriation: no yes . Fiscal committee: no yes . State-mandated local program: no yes . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. It is the intent of the Legislature to enact legislation to protect the confidentiality of birth and death record indices. SECTION 1. Section 102230 of the Health and Safety Code is amended to read: 102230. (a) (1) The State Registrar shall arrange and permanently preserve the certificates in a systematic manner and shall prepare and maintain a comprehensive and continuous index indices and data files of all certificates registered. (2) Except as provided in Section 102231, the birth and death record indices prepared pursuant to paragraph (1), and all birth and death record indices prepared or maintained by local registrars and county recorders, shall be kept confidential and shall be exempt from disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). (3) Nothing in this section shall prohibit the release of the information contained in comprehensive birth and death record indices and data files to government agencies as prescribed by law. (4) Notwithstanding paragraph (2), the State Registrar may release the indices and data files described in paragraph (1) to any government agency. A government agency that obtains an index pursuant to this paragraph may not release any portion of its contents to any other party. (b) In addition to the indices prepared pursuant to subdivision (a), the State Registrar shall prepare separate noncomprehensive electronic indices of all California birth and death records that shall be made available for public inspection pursuant to Section 102231. (c) A government agency may not sell or release birth and death record indices prepared and maintained pursuant to subdivision (a) by the State Registrar or by local registrars and county recorders and obtained by the government agency, except as authorized by law. (d) (1) An individual, corporation, or other business entity that purchased a comprehensive index prepared by the State Registrar pursuant to subdivision (a) from the State Registrar prior to December 31, 2001, may not use, or sell, share, or disclose any of the information contained therein to a third party. (2) Any person who, in violation of this section uses, sells, shares, or discloses any information provided pursuant to this section, or who uses information provided pursuant to this section in a manner other than as authorized pursuant to this section, may be denied further access to any personally identifying information or confidential information maintained by the department. That person shall also be subject to the assessment of a civil penalty by the department in the amount of ____ ($____). The penalty provided in this section shall not be construed as restricting any remedy, criminal, provisional, or otherwise, provided by law for the benefit of the department or any person. (e) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. SEC. 2. Section 102231 is added to the Health and Safety Code, to read: 102231. (a) On or before January 1, 2004, and contingent upon funding being made available in the Budget Act or by other appropriation, the State Registrar shall establish separate noncomprehensive electronic indices of all California birth and death records and make the indices continuously, electronically available to county recorders' offices statewide. Notwithstanding the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), no part of these indices may be released to any individual or entity, except as authorized by this section or Section 102230 or 102232. (b) Contingent upon funding being made available in the Budget Act or by other appropriation, the separate noncomprehensive electronic indices prepared pursuant to this section shall be available at the State Registrar's office and in county recorders' offices for public inspection only at computer terminals designated for this purpose, and shall be subject to the following restrictions: (1) Availability to public inspection shall be limited to viewing only. (2) An individual who wishes to inspect the indices shall sign a standard form, as described in subdivision (d), certifying under penalty of perjury that the information he or she views will not be used for criminal purposes. Counties shall maintain the signed forms for seven years from the end of the month of signature. Maintenance of an electronic image of the form shall be an acceptable means of complying with this paragraph. (c) Upon implementation of subdivision (b), the separate noncomprehensive electronic indices prepared pursuant to this section shall be the only birth and death record indices open to public inspection or otherwise available to the public. Nothing in this section prohibits a disclosure that is authorized by Section 102232. (d) The State Registrar shall develop a standard form to be signed by persons who wish to inspect the indices, pursuant to paragraph (2) of subdivision (b). (e) For purposes of this section, "noncomprehensive index" means an index that contains information, excluding the social security numbers of deceased persons from death records, that the State Registrar has selected to include from the comprehensive index described in paragraph (1) of subdivision (a) of Section 102230. The State Registrar shall determine the information from the comprehensive index that shall be included in the noncomprehensive index, based on the lawful uses that may be made of the noncomprehensive index and the privacy needs of individuals whose records are included in the index. (f) The amount of four hundred thousand dollars ($400,000) is hereby appropriated from the Health Statistics Special Fund to the department for purposes of developing the noncomprehensive indices pursuant to subdivision (a). (g) A county is not required to comply with this section until the department has completed development of the viewing system, provided a computer terminal for public inspection purposes to the county, and established a maintenance agreement on the equipment with the county. SEC. 3. Section 102232 is added to the Health and Safety Code, to read: 102232. (a) For purposes of Sections 102230 and 102231 and this section, the following definitions apply: (1) "Birth data files" means computerized data compiled from birth certificates registered with the department and maintained pursuant to Section 102230. (2) "Death data files" means computerized data compiled from death certificates registered with the department and maintained pursuant to Section 102230. (3) "Person" means any individual, firm, corporation, partnership, limited liability company, joint venture, or association. (4) "Personal identifying information" means first name, middle name, last name, mother's maiden name, and father's surname, and a social security number that is contained in a death data file. (5) "Financial institution" means any commercial bank, trust company, savings and loan association, credit union, industrial loan company, insurance company, or person engaged in the business of lending money. (b) Notwithstanding any other provision of law, the department shall not release birth or death data files containing personal identifying information, except as follows: (1) Birth data files containing personal identifying information may be released to other governmental agencies, subject to Sections 102430 and 102447. (2) Birth data files containing personal identifying information may be released to researchers who have received approval for specific research pursuant to subdivision (c) of Section 102430. (3) Death data files containing personal identifying information may be released to persons expressing a valid scientific interest, as determined by the appropriate committee constituted for the protection of human subjects that is approved by the United States Department of Health and Human Services and has a general assurance pursuant to Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations. (4) (A) Notwithstanding any other provision of law, in order to prevent identity theft and fraud, information contained in death data files may be released to financial institutions, or consumer credit reporting agencies, as defined in subdivision (d) of Section 1785.3 of the Civil Code, or their agents and representatives, for the sole purpose of ascertaining whether an individual is still living. For purposes of this paragraph, this information shall be limited to first name, middle name, last name, date of birth, date of death, mother's maiden name, father's surname, social security number, and gender. (B) The information accessed pursuant to this paragraph shall be limited to the uses described in this paragraph and shall not be used, sold, shared, or disclosed for profiling or any other purpose inconsistent with the uses permitted by this paragraph. For the purposes of this paragraph, "profiling" means the use of statistics concerning race, ethnicity, disease, or cause of death to classify customers for a business reason. (C) Applicants for access to limited death data files shall complete the written application specified in subdivision (d), and shall include on that application a statement that the data will be used solely for the purpose of determining whether individuals are still living. (c) Any person who, in violation of this section, uses, sells, shares, or discloses any information provided pursuant to this section, or who uses information provided pursuant to this section in a manner other than as authorized pursuant to this section, may be denied further access to any personally identifying confidential information maintained by the department. That person shall also be subject to the assessment of a civil penalty by the department in the amount of ____ ($____). The penalty provided in this section shall not be construed as restricting any remedy, criminal, provisional, or otherwise, provided by law for the benefit of the department or any person. (d) All requests for information pursuant to this section shall be by written application. The application shall disclose the identity of the requester and the purpose for which the data is intended. The application shall contain an affirmation by the requester that the information shall be maintained in a secure fashion and will not be transferred, used, sold, shared, or disclosed to another party and a notice that states, "IT IS A CRIME TO WILLFULLY OBTAIN AND USE PERSONAL IDENTIFYING INFORMATION OF ANOTHER FOR ANY UNLAWFUL PURPOSE." The application shall contain a statement signed by the requester under penalty of perjury that only the requester will use the data and only for the purpose identified in the application. (e) The department shall adopt any regulations necessary to implement this section as emergency regulations. (f) The department may establish and impose reasonable charges to offset the costs of preparing and releasing birth and death data files. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because in that regard this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. However, notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.

This is a Message Board Post that is gatewayed to this mailing list. Classification: Query Message Board URL: http://boards.ancestry.com/mbexec/msg/rw/AY.2ADE/1049.1 Message Board Post: Obituary for Sarah Alpha Durham from Stockton Record: LEISTER- In Stockton, California, November, 22, 1973. Sarah Alpha Leister, loving mother of Dora Long and Jim Leister, both of Stockton and Betty Gilliam of Modesto; grandmother of 12 and great grandmother of 6. A native of Oklahoma, aged 71 years. Friends are invited to attend funeral services Monday, November 26, 1973 at 3:30 pm in the Colonial Chapel of FRISBIE And WARREN, 809 N. California Street. Committal at Rural Cemetary.

This is a Message Board Post that is gatewayed to this mailing list. Classification: Query Message Board URL: http://boards.ancestry.com/mbexec/msg/an/AY.2ADE/1053 Message Board Post: I am your cousin,Lorene,and i would like to get in touch with you.If you see this message, please rospond.Thanks Lorene Thomas

This is a Message Board Post that is gatewayed to this mailing list. Classification: Query Message Board URL: http://boards.ancestry.com/mbexec/msg/an/AY.2ADE/1052 Message Board Post: I am Oscars Aunt,and i would like to get in touch with some of the family members that live in Stocton.His first wife was named Bonnie,and second wife was ,i think, Wanda or Lena. His mother Annie Smith is my sister.My e-mail is lwings4@aol.com Thanks Lorene Thomas