Ron, I have communicated with the El Dorado County Recorder who queried some of his associates. They have no objection to an amendment allowing records to be viewed and shared similar to the time delay for the US Census. However, they would like someone else to take the lead to obtain such an amendment. I believe from what he indicated, the County Recorders' Association (?) would support it. I worked hard to try to defeat this bill because of the work I do trying to identify who died and was buried in which of our multiple cemeteries in this county. The online index has been a treasure for that work. I believe I may be able to persuade a legislator to introduce a bill for such an amendment, but I think we'd have to submit draft language and a statement of the purpose of such an amendment. Anyone interested in getting together for such a purpose? Sue Silver El Dorado County Pioneer Cemeteries Commission ssilver1951@jps.net ----- Original Message ----- From: "Ron Filion" <ron@plumshire.com> To: <CASANFRA-L@rootsweb.com> Sent: Tuesday, December 17, 2002 8:24 AM Subject: Re: [CASANFRA] new laws regarding birth/death information > Here's more specific information on the bill that was signed into law. I've > included the full text of the amended bill that was originally posted at > <http://info.sen.ca.gov/pub/bill/sen/sb_1601-1650/sb_1614_bill_20020625_amen ded_asm.html> > and is still available in Google's cache. I don't know if any of it changed > when it became law. It doesn't appear to have made it into the State's > online list of codes yet. > > The two things that I noticed the most were: > > *"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." > > NOTE: owners of the previous indices CANNOT disclose information to third > parties. Well, if you want a copy of some of these soon-to-be-rare indices, > they are available now for a limited time on ebay.com (just enter > "california birth index" in the search box). > > * "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." > > NOTE: thus, even the new indices will be noncomprehensive. That is, certain > personal indentifying information will probably not be included. > > What is interesting is that, unlike other states, I don't see a time-limit > on the records. That is, if records are say 75 or 100 years old, they are > open to the public. We can only hope for amendments. > > -Ron > > <BEGIN> > > 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. > > <END> > >