2005 California Health and Safety Code Sections 103525-103595 CHAPTER 14. CERTIFIED COPY AND VERIFICATION OF RECORDS

HEALTH AND SAFETY CODE
SECTION 103525-103595

103525.  (a) The State Registrar, local registrar, or county
recorder shall, upon request and payment of the required fee, supply
to any applicant a certified copy of the record of any birth, fetal
death, death, marriage, or marriage dissolution registered with the
official.
   When the original forms of certificates of live birth furnished by
the State Registrar contain a printed section at the bottom
containing medical and social data or labeled "Confidential
Information for Public Health Use Only," that section shall not be
reproduced in a certified copy of the record except as specifically
authorized in Section 102430.
   (b) Notwithstanding subdivision (a) or any other provision of law,
commencing July 1, 2003, the State Registrar, local registrar, or
county recorder shall provide certified copies of birth and death
records only as authorized under Section 103526 or 103526.5.
103525.5.  (a) Until January 1, 2006, in addition to the fees
prescribed by Sections 103625 and 103626, an applicant for a
certified copy of a birth or death record shall pay an additional fee
of two dollars ($2).  Commencing January 1, 2006, this fee shall be
reduced to one dollar ($1).
   (b) Until January 1, 2006, each local registrar or county recorder
collecting the fee pursuant to this section shall transmit one
dollar and sixty-five cents ($1.65) of the fee to the State Registrar
by the 10th day of the month following the month in which the fee
was received.  Commencing January 1, 2006, each local registrar or
county recorder collecting the fee pursuant to this section shall
transmit sixty-five cents ($.65) of the fee to the State Registrar by
the 10th day of the month in which the fee was received.  These
funds, and fees collected by the State Registrar pursuant to this
section, shall be used by the State Registrar, upon appropriation by
the Legislature, to develop safety and security measures to protect
against fraudulent use of birth and death records, including, but not
limited to, computerizing records, redacting and removing signatures
as required by law, and electronically distributing redacted records
to local registrars and county recorders for their use in complying
with Sections 103526 and 103526.5.
   (c) Thirty-five cents ($0.35) of the fee specified in subdivision
(a) shall be retained by the public official charged with the
collection of the fee to defray the costs of the additional security
features required by Sections 103526 and 103526.5.
   (d) The entire amount of the fee collected pursuant to subdivision
(a) by the State Registrar shall be retained and used by the State
Registrar, upon appropriation by the Legislature, for the purpose
specified in subdivision (b).  The entire amount of the fee collected
by the local registrar or county recorder pursuant to subdivision
(c) shall be retained and used by that official for the purpose
specified in subdivision (c).
103526.  (a) If the State Registrar, local registrar, or county
recorder receives a written or faxed request for a certified copy of
a birth or death record pursuant to Section 103525, or a military
service record pursuant to Section 6107 of the Government Code, that
is accompanied by a notarized statement sworn under penalty of
perjury, or a faxed copy of a notarized statement sworn under penalty
of perjury, that the requester is an authorized person, as defined
in this section, that official may furnish a certified copy to the
applicant in accordance with Section 103525 and in accordance with
Section 6107 of the Government Code. If a written request for a
certified copy of a military service record is submitted to a county
recorder by fax, the county recorder may furnish a certified copy of
the military record to the applicant in accordance with Section
103525. A faxed notary acknowledgment accompanying a faxed request
received pursuant to this subdivision for a certified copy of a birth
or death record or a military service record shall be legible and,
if the notary's seal is not photographically reproducible, show the
name of the notary, the county of the notary's principal place of
business, the notary's telephone number, the notary's registration
number, and the notary's commission expiration date typed or printed
in a manner that is photographically reproducible below, or
immediately adjacent to, the notary's signature in the
acknowledgment. If a request for a certified copy of a birth or death
record is made in person, the official shall take a statement sworn
under penalty of perjury that the requester is signing his or her own
legal name and is an authorized person, and that official may then
furnish a certified copy to the applicant.
   (b) In all other circumstances, the certified copy provided to the
applicant shall be an informational certified copy and shall display
a legend that states "INFORMATIONAL, NOT A VALID DOCUMENT TO
ESTABLISH IDENTITY." The legend shall be placed on the certificate in
a manner that will not conceal information.
   (c) For purposes of this section, an "authorized person" is any of
the following:
   (1) The registrant or a parent or legal guardian of the
registrant.
   (2) A party entitled to receive the record as a result of a court
order, or an attorney or a licensed adoption agency seeking the birth
record in order to comply with the requirements of Section 3140 or
7603 of the Family Code.
   (3) A member of a law enforcement agency or a representative of
another governmental agency, as provided by law, who is conducting
official business.
   (4) A child, grandparent, grandchild, sibling, spouse, or domestic
partner of the registrant.
   (5) An attorney representing the registrant or the registrant's
estate, or any person or agency empowered by statute or appointed by
a court to act on behalf of the registrant or the registrant's
estate.
   (6) Any agent or employee of a funeral establishment who acts
within the course and scope of his or her employment and who orders
certified copies of a death certificate on behalf of any individual
specified in paragraphs (1) to (5), inclusive, of subdivision (a) of
Section 7100.
   (d) Any person who asks the agent or employee of a funeral
establishment to request a death certificate on his or her behalf
warrants the truthfulness of his or her relationship to the decedent,
and is personally liable for all damages occasioned by, or resulting
from, a breach of that warranty.
   (e) Notwithstanding any other provision of law:
   (1) Any member of a law enforcement agency or a representative of
a state or local government agency, as provided by law, who orders a
copy of a record to which subdivision (a) applies in conducting
official business may not be required to provide the notarized
statement required by subdivision (a).
   (2) An agent or employee of a funeral establishment who acts
within the course and scope of his or her employment and who orders
death certificates on behalf of individuals specified in paragraphs
(1) to (5), inclusive, of subdivision (a) of Section 7100 shall not
be required to provide the notarized statement required by
subdivision (a).
   (f) Informational certified copies of birth and death certificates
issued pursuant to subdivision (b) shall only be printed from the
single statewide database prepared by the State Registrar and shall
be electronically redacted to remove any signatures for purposes of
compliance with this section. Local registrars and county recorders
shall not issue informational certified copies of birth and death
certificates from any source other than the statewide database
prepared by the State Registrar. This subdivision shall become
operative on July 1, 2007.
   (g) This section shall become operative on July 1, 2003.
103526.5.  (a) Each certified copy of a birth or death record issued
pursuant to Section 103525 shall include the date issued, the name
of the issuing officer, the signature of the issuing officer, whether
that is the State Registrar, local registrar, county recorder, or
county clerk, or an authorized facsimile thereof, and the seal of the
issuing office.
   (b) (1) All certified copies of birth and death records issued
pursuant to Section 103525 shall be printed on chemically sensitized
security paper that measures 81/2 by 11 inches and that has the
following features:
   (A) Intaglio print.
   (B) Latent image.
   (C) Fluorescent, consecutive numbering with matching barcode.
   (D) Microprint line.
   (E) Prismatic printing.
   (F) Watermark.
   (G) Void pantograph.
   (H) Fluorescent security threads.
   (I) Fluorescent fibers.
   (J) Any other security features deemed necessary by the State
Registrar.
   (2) In addition to the security features required by paragraph
(1), commencing July 1, 2007, the security paper used for
informational certified copies of birth and death records pursuant to
subdivision (b) of Section 103526 shall also contain a statement in
perforated type that states "INFORMATIONAL, NOT A VALID DOCUMENT TO
ESTABLISH IDENTITY."
   (c) The State Registrar, local registrars, county recorders, and
county clerks shall take precautions to ensure that uniform and
consistent standards are used statewide to safeguard the security
paper described in subdivision (b), including, but not limited to,
the following measures:
   (1) Security paper shall be maintained under secure conditions so
as not to be accessible to the public.
   (2) A log shall be kept of all visitors allowed in the area where
security paper is stored.
   (3) All spoilage shall be accounted for and subsequently destroyed
by shredding on the premises.
   (d) This section shall become operative on July 1, 2003.
103527.  (a) The State Registrar shall appoint a Vital Records
Protection Advisory Committee to study and make recommendations to
protect individual privacy, inhibit identity theft, and prevent fraud
involving birth and death certificates while providing needed access
to birth and death record information to those seeking it for
legitimate purposes.  The committee shall have the following duties:
   (1) Review and make recommendations as to the adequacy of
procedures to safeguard individual privacy and prevent fraud, while
ensuring appropriate access to birth and death records.
   (2) Make recommendations to the State Registrar as to items that
should be redacted from informational certified copies of birth and
death certificates issued pursuant to Section 103526.
   (3) Make recommendations to the State Registrar regarding fraud
prevention measures concerning vital records.
   (b) The committee shall include representatives from private and
governmental entities that use vital records as identity or legal
documents, consumers, law enforcement officials, genealogists, and
organizations that research vital records for legal or social
purposes.  The State Registrar shall make every effort to ensure that
committee membership also represents the community at large.
   (c) (1) Except as provided in paragraph (2), membership on the
committee shall be for a term of three years.
   (2) Appointments shall be made on a staggered basis to allow for a
change of one-third of the membership on an annual basis.  One-third
of the initial committee membership shall be appointed to one-year
terms, and one-third of the initial committee membership shall be
appointed to two-year terms.
103528.  The department may create an automated system for the
purposes of implementing Sections 103525, 103525.5, 103526, and
103526.5.
103530.  Certified copies of certificates of births shall be issued
only when the applicant for the certified copy is able to furnish
information, exclusive of file numbers, adequate for identification
and location of the amended record.
103535.  Upon application of a parent, the local registrar or county
recorder shall request a copy of a new birth certificate amended
under Chapter 5 (commencing with Section 102625) from the State
Registrar.  When a request of this type is received, the State
Registrar shall send a copy of the new certificate to the local
registrar or county recorder who shall then issue certified copies
from the document.  The copy of the new certificate returned to the
local registrar or county recorder under this procedure shall be
filed in the same manner as the copies of other certificates
representing births that occurred during the same time period.
103540.  Prior to issuing a certified copy of a birth record, the
State Registrar, local registrar, or county recorder shall determine
whether their respective birth records or index to the records have
been revised pursuant to Section 102245 to indicate the death of the
registrant whose birth record is requested.  If the records or index
have been so revised, the certified copy provided the applicant shall
display the legend "DECEASED," which shall be indelibly printed or
stamped, in boldface style not less than one-half inch in height,
within near proximity to the space reserved for the registrant's
name.  The State Registrar shall adopt regulations to implement this
section.
103545.  Certified copies of birth, fetal death, death, and marriage
records may be made only by the State Registrar, by duly appointed
and acting local registrars during their term of office, and by
county recorders.
103550.  Any birth, fetal death, death, or marriage record that was
registered within a period of one year from the date of the event
under the provisions of this part, or any copy of the record or part
thereof, properly certified by the State Registrar, local registrar,
or county recorder, is prima facie evidence in all courts and places
of the facts stated therein.
103555.  A short form of certification of birth registration that
shall contain only identification information may be issued by the
State Registrar, by the county recorder, or by any local registrar.
103560.  A short form of certification of death registration,
including only identification information and excluding the medical
statement of the cause of death, may be issued by the State
Registrar, county recorder, or any local registrar, upon forms
prescribed and furnished by the State Registrar.
103565.  The Office of the State Registrar, upon request, may
furnish the United States Public Health Service with vital statistics
relating to births, deaths, marriages, and marriage dissolutions for
utilization in the national vital statistics program.  Such vital
statistics may be furnished on a contract reimbursement or other
satisfactory basis that will insure that the reimbursement shall not
be less than the cost to the state nor exceed the federal government'
s fair share of the cost of the statewide vital statistics
registration and reporting system.
103570.  A certification limited to a statement as to the date of
birth of any child needed for admission to school or for the purpose
of securing employment shall be issued without fee by the local
registrar or county recorder upon request of any parents or guardian.
103575.  The state or local registrar or county recorder may,
without fee verify a date and place of birth, when the applicant can
present sufficient information to identify the birth record.
103580.  The State Registrar, local registrar or county recorder may
use a printed, stamped or photographically reproduced facsimile
signature in certifying to a record in his or her office provided the
certification has the seal of his or her office affixed thereto.
103585.  Certified copies or certification of abstract information
required to be filed under authority of Chapter 10 (commencing with
Section 103200) in the offices of the State Registrar and county
clerks shall not include information relative to occupation, highest
school grade completed, color or race, religious denomination,
previous marriages ended by death, divorce or annulment, or children.
103590.  (a) The State Registrar shall, upon request and payment of
a fee, as provided in subdivision (c), supply to any applicant a
decorative heirloom certificate, as described in subdivision (b), of
any birth registered with that official.
   When the original form of the certificate of a live birth
furnished by the State Registrar contains a printed section at the
bottom containing medical and social data or labeled "Confidential
Information for Public Health Use Only," that section shall not be
reproduced in the copy of the record.  If the original form of the
certificate of live birth has been sealed, the information on the
sealed certificate shall not be included on the decorative heirloom
certificate.
   (b) The decorative heirloom certificate issued under subdivision
(a) shall be of a distinctive design as determined by the department
and shall include the seal of the State of California and a facsimile
of the State Registrar's signature, but shall include no elected
official's signature.  The certificate shall only contain
identification information, as determined by the State Registrar.
   (c) The fee required for the decorative heirloom birth certificate
issued pursuant to this section shall be thirty-two dollars ($32)
until December 31, 1988, at which time the fee shall be reduced to
thirty dollars ($30).  Until December 31, 1988, not less than ten
dollars ($10) of the fee shall be allocated to the State Children's
Trust Fund established in Section 18969 of the Welfare and
Institutions Code.  After December 31, 1988, not less than fifteen
dollars ($15) of the fee shall be allocated to the State Children's
Trust Fund.  The remainder of the fee shall be utilized to reimburse
the State Department of Health Services and the State Registrar, in
part, for the administrative costs of developing, preparing, and
providing the decorative heirloom certificate.
103595.  (a) The State Registrar shall, upon request and payment of
a fee, as provided in subdivision (c), supply to any applicant a
decorative heirloom certificate, as described in subdivision (b), of
any marriage registered with that official.
   (b) The decorative heirloom certificate issued under subdivision
(a) shall be of a distinctive design as determined by the state
department and shall include the seal of the State of California and
a facsimile of the State Registrar's signature, but shall include no
elected official's signature.  The certificate shall only contain
identification information, as determined by the State Registrar.
   (c) The fee required for the decorative heirloom certificate
issued pursuant to this section shall be fifteen dollars ($15).  The
fee shall be utilized to reimburse the state department for the
administrative costs of developing, preparing, and providing the
decorative heirloom certificate and for a public awareness and
advertising program to inform the public of the availability of the
decorative heirloom certificate.  The fee shall be deposited into the
General Fund.


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