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SB-373 County recorder: vital records: blockchain technology.(2019-2020)

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Date Published: 05/02/2019 09:00 PM
SB373:v97#DOCUMENT

Amended  IN  Senate  May 02, 2019
Amended  IN  Senate  March 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 373


Introduced by Senator Hertzberg

February 20, 2019


An act to amend Section 103526.5 add and repeal Section 103526.7 of the Health and Safety Code, relating to vital records.


LEGISLATIVE COUNSEL'S DIGEST


SB 373, as amended, Hertzberg. County recorder: vital records: blockchain technology.
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. Existing law authorizes the State Registrar, a local registrar, or a county recorder to furnish a certified copy of a birth, death, or marriage record to an authorized person and defines the term “authorized person” for these purposes. Existing law requires certain types of applicants for a certified record to execute a statement sworn under penalty of perjury that the person is an authorized person who is allowed to receive the certified record. Existing law requires certified copies of birth, death, and marriage records be printed on chemically sensitized security paper with specified features, including, among others, watermarks, fluorescent fibers, and intaglio print.
This bill would authorize a county county, until January 1, 2022, to issue certified copies of birth, death, and marriage records by means of blockchain technology, as defined, and would exempt those records from the required physical properties and features in the provisions described above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 103526.7 is added to the Health and Safety Code, to read:

103526.7.
 (a) Notwithstanding subdivision (b) of Section 103526.5, a county recorder may issue a certified copy of a marriage record pursuant to Section 103525 by means of blockchain technology.
(b) For purposes of this section, “blockchain technology” means a mathematically secured, chronological, and decentralized consensus ledger or database.
(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.

SECTION 1.Section 103526.5 of the Health and Safety Code is amended to read:
103526.5.

(a)Each certified copy of a birth, death, or marriage 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)All certified copies of birth, death, and marriage records issued pursuant to Section 103525 shall be printed on chemically sensitized security paper that measures 812 inches by 11 inches and that has the following features:

(1)Intaglio print.

(2)Latent image.

(3)Fluorescent, consecutive numbering with matching barcode.

(4)Microprint line.

(5)Prismatic printing.

(6)Watermark.

(7)Void pantograph.

(8)Fluorescent security threads.

(9)Fluorescent fibers.

(10)Any other security features deemed necessary by the State Registrar.

(c)(1)The State Registrar may suspend the use of any security feature described in subdivision (b) if necessary to enable the State Registrar, local registrar, county recorder, or county clerk to supply an applicant with a certified copy of a birth, death, or marriage record issued pursuant to Section 103525.

(2)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 this subdivision through all-county letters or similar instructions from the State Registrar without taking regulatory action.

(d)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.

(e)Notwithstanding subdivision (b), a county recorder may issue a certified copy of a birth, death, or marriage record pursuant to Section 103525 by means of blockchain technology. For purposes of this subdivision, “blockchain technology” means a mathematically secured, chronological, and decentralized consensus ledger or database.