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.