Bill Text: CA AB974 | 2023-2024 | Regular Session | Introduced
Bill Title: Incarcerated persons: certified record of live birth.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB974 Detail]
Download: California-2023-AB974-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 974
| Introduced by Assembly Member McKinnor |
February 14, 2023 |
An act to add Section 103579 to the Health and Safety Code, relating to vital records.
LEGISLATIVE COUNSEL'S DIGEST
AB 974, as introduced, McKinnor.
Incarcerated persons: certified record of live birth.
Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, the duties as State Registrar relating to the uniform administration of provisions relating to vital records and health statistics. Existing law requires the State Registrar, local registrar, or county recorder, upon request and payment of the required fee, to supply to an applicant a certified copy of the record of a birth, fetal death, death, marriage, or marriage dissolution registered with the official.
This bill would require the local registrar, county recorder, or State Registrar to issue, without a fee, a certified record of live birth to any person who demonstrates that they are currently incarcerated in prison or a county correctional facility. The bill would authorize the incarcerated person, or any person
who is lawfully entitled to request that record on behalf of an incarcerated person, to make that request. The bill would specify methods for verification of an individual’s incarcerated status, including, among other things, confirmation through a state or county “inmate locator” internet website. The bill would also require the department to develop an affidavit attesting to an applicant’s incarcerated status to be used by local registrars, county recorders, and the State Registrar.
By imposing a higher level of service on counties, the 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.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 103579 is added to the Health and Safety Code, to read:103579.
(a) The local registrar, county recorder, or the State Registrar, shall, without an issuance fee, issue a certified record of live birth to any person who attests that they are currently incarcerated in prison or a county correctional facility, on the affidavit described in subdivision (c), and whose status as an incarcerated person at the time of application can be verified. Incarceration status at the time of application shall be promptly verified by any of the following methods:(1) Confirmation of active incarceration status through the Department of Corrections and Rehabilitation or county “Inmate Locator” internet website or other online or telephonic means.
(2) Indication
on the envelope received that the attestation was sent from a prison or correctional institution.
(3) Inclusion of other evidence with the attestation that the person is incarcerated, including, but not limited to, a copy of a prison ID card.
(4) Signature on affidavit of any prison or correctional official or staff member confirming the current incarceration of the subject of the application.
(5) Another means for verifying a person’s incarceration deemed adequate by the local registrar, county recorder, or State Registrar.
(b) In accordance with all other application requirements as set forth in Section 103526, a request for a certified record of live birth made pursuant to this section shall be made by an incarcerated person on behalf of themselves
or by a person lawfully entitled to request a certified record of live birth on behalf of the incarcerated person. A person applying for a certified record of live birth under this section is entitled to one birth record, per application, for each eligible person verified as an incarcerated person. A person applying for a certified record of live birth under this section shall not be charged a fee for verification of their eligibility.
(c) The State Department of Public Health shall develop an affidavit attesting to the incarceration status of a person whose birth record is sought, which shall be used by local registrars, county recorders, and the State Registrar. The affidavit shall not be deemed complete unless it is signed by the person making a request for a certified record of live birth. The affidavit shall include a section with the option of an additional affidavit from a prison or correctional official, as one option for verifying
current incarceration under paragraph (4) of subdivision (a).
(d) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this section through an all-county letter or similar instructions from the director or State Registrar without taking regulatory action.
(e) The State Registrar shall provide one copy per year of a certified record to a requester pursuant to this section, and may provide additional copies at their discretion.
