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AB-2367 Certificates of death: amended certificates.(2017-2018)

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Date Published: 05/26/2018 04:00 AM
AB2367:v97#DOCUMENT

Amended  IN  Assembly  May 25, 2018
Amended  IN  Assembly  April 18, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2367


Introduced by Assembly Member Berman

February 14, 2018


An act to amend Sections 102140, 103245, and 103250 of add Section 103251 to the Health and Safety Code, relating to vital records.


LEGISLATIVE COUNSEL'S DIGEST


AB 2367, as amended, Berman. Certificates of death: amended originals. certificates.
Existing law prohibits a marriage license or certificate of death from being altered or changed in any respect after its acceptance for registration by a local registrar, except when supplemental information required for statistical purposes is furnished. Existing law provides for the amendment of a certificate of death, which amendments are filed with the local registrar and State Registrar. Existing law requires the State Registrar to send a certified copy of the newly amended certificate of death to the applicant without additional charge, except for those amendments that are filed within one year of the date of occurrence of the event.
This bill would require the preparation of a new, one-page certificate of death if a person is able to assert that the facts are not correctly stated on the certificate and the incorrect information does not change a finding, conclusion, or determination. The bill would require the State Registrar to send the applicant a certified copy of the new, one-page certificate of death if the amendment results in a new, one-page certificate of death. State Registrar, as soon as practicably possible, in coordination with a major upgrade or replacement of the information technology system, to include the functionality to replace an amended certificate of death with a new, one-page certificate of death. The bill would require, once the functionality is available, the State Registrar to issue the new, one-page certificate of death in place of the amended certificate.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 103251 is added to the Health and Safety Code, to read:

103251.
 As soon as practicably possible, in coordination with a major upgrade or replacement of the information technology system, the State Registrar shall include the functionality to replace an amended certificate of death with a new, one-page certificate of death. Once available, the new, one-page certificate of death shall be issued in place of the amended certificate required pursuant to this article.

SECTION 1.Section 102140 of the Health and Safety Code is amended to read:
102140.

(a)Except as provided in subdivision (b), a marriage license or certificate shall not be altered or changed in any respect after its acceptance for registration by the local registrar, or on other records made pursuant to this part, except when supplemental information required for statistical purposes is furnished.

(b)If a person is able to assert pursuant to Section 103225 that the facts are not correctly stated on a certificate of death and the incorrect information does not change a finding, conclusion, or determination, a new, one-page certificate of death shall be prepared reflecting the amendment, which shall supplant a previously prepared certificate of death and shall be the only certificate of death open to public inspection.

SEC. 2.Section 103245 of the Health and Safety Code is amended to read:
103245.

(a)If the amendment is accepted, the State Registrar shall transmit copies of the amendment to the local registrar and county recorder in whose offices copies of the original record and information are on file.

(b)If the accepted amendment is to a certificate of death and the incorrect information does not change a finding, conclusion, or determination, a new, one-page certificate of death, reflecting the amendment, and a copy of the amendment, shall be transmitted to the local registrar and county recorder in whose offices copies of the original record and information are on file.

(1)The new, one-page certificate of death shall supplant any previously prepared certificate of death and shall be the only certificate of death open to public inspection.

(2)The original certificate of death shall remain as part of the records of the State Registrar.

SEC. 3.Section 103250 of the Health and Safety Code is amended to read:
103250.

The State Registrar shall send a certified copy of the newly amended record of birth, death, or marriage to the applicant without additional charge, except for those amendments that are filed within one year of the date of occurrence of the event. If the amendment results in a new, one-page certificate of death pursuant to subdivision (b) of Section 103245, then the State Registrar shall send the applicant a certified copy of the new, one-page certificate of death reflecting the amendment.