SECTIONS 103625-103660 - California Statutes

HEALTH AND SAFETY CODE

SECTION 103625-103660

103625. (a) A fee of three dollars ($3) shall be paid by the
applicant for a certified copy of a fetal death or death record.
(b) (1) A fee of three dollars ($3) shall be paid by a public
agency or licensed private adoption agency applicant for a certified
copy of a birth certificate that the agency is required to obtain in
the ordinary course of business. A fee of nine dollars ($9) shall be
paid by any other applicant for a certified copy of a birth
certificate. Four dollars ($4) of any nine-dollar ($9) fee is exempt
from subdivision (e) and shall be paid either to a county children's
trust fund or to the State Children's Trust Fund, in conformity with
Article 5 (commencing with Section 18965) of Chapter 11 of Part 6 of
Division 9 of the Welfare and Institutions Code. Two dollars ($2) of
any nine-dollar ($9) fee is exempt from subdivision (e) and shall be
paid to the Umbilical Cord Blood Collection Program Fund in
conformity with Section 1628.
(2) The board of supervisors of any county that has established a
county children's trust fund may increase the fee for a certified
copy of a birth certificate by up to three dollars ($3) for deposit
in the county children's trust fund in conformity with Article 5
(commencing with Section 18965) of Chapter 11 of Part 6 of Division 9
of the Welfare and Institutions Code.
(c) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage record, that has been
filed with the county recorder or county clerk, that the agency is
required to obtain in the ordinary course of business. A fee of six
dollars ($6) shall be paid by any other applicant for a certified
copy of a marriage record that has been filed with the county
recorder or county clerk. Three dollars ($3) of any six-dollar ($6)
fee is exempt from subdivision (e) and shall be transmitted monthly
by each local registrar, county recorder, and county clerk to the
state for deposit into the General Fund as provided by Section 1852
of the Family Code.
(d) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage dissolution record
obtained from the State Registrar that the agency is required to
obtain in the ordinary course of business. A fee of six dollars ($6)
shall be paid by any other applicant for a certified copy of a
marriage dissolution record obtained from the State Registrar.
(e) Each local registrar, county recorder, or county clerk
collecting a fee pursuant to subdivisions (a) to (d), inclusive,
shall transmit 15 percent of the fee for each certified copy to the
State Registrar by the 10th day of the month following the month in
which the fee was received.
(f) In addition to the fees prescribed pursuant to subdivisions
(a) to (d), inclusive, all applicants for certified copies of the
records described in those subdivisions shall pay an additional fee
of three dollars ($3), that shall be collected by the State
Registrar, the local registrar, county recorder, or county clerk, as
the case may be.
(g) The local public official charged with the collection of the
additional fee established pursuant to subdivision (f) may create a
local vital and health statistics trust fund. The fees collected by
local public officials pursuant to subdivision (f) shall be
distributed as follows:
(1) Forty-five percent of the fee collected pursuant to
subdivision (f) shall be transmitted to the State Registrar.
(2) The remainder of the fee collected pursuant to subdivision (f)
shall be deposited into the collecting agency's vital and health
statistics trust fund, except that in any jurisdiction in which a
local vital and health statistics trust fund has not been
established, the entire amount of the fee collected pursuant to
subdivision (f) shall be transmitted to the State Registrar.
(3) Moneys transmitted to the State Registrar pursuant to this
subdivision shall be deposited in accordance with Section 102247.
(h) Moneys in each local vital and health statistics trust fund
shall be available to the local official charged with the collection
of fees pursuant to subdivision (f) for the applicable jurisdiction
for the purpose of defraying the administrative costs of collecting
and reporting with respect to those fees and for other costs as
follows:
(1) Modernization of vital record operations, including
improvement, automation, and technical support of vital record
systems.
(2) Improvement in the collection and analysis of health-related
birth and death certificate information, and other community health
data collection and analysis, as appropriate.
(i) Funds collected pursuant to subdivision (f) shall not be used
to supplant funding in existence on January 1, 2002, that is
necessary for the daily operation of vital record systems. It is the
intent of the Legislature that funds collected pursuant to
subdivision (f) be used to enhance service to the public, to improve
analytical capabilities of state and local health authorities in
addressing the health needs of newborn children and maternal health
problems, and to analyze the health status of the general population.
(j) Each county shall annually submit a report to the State
Registrar by March 1 containing information on the amount of revenues
collected pursuant to subdivision (f) in the previous calendar year
and on how the revenues were expended and for what purpose.
(k) Each local registrar, county recorder, or county clerk
collecting the fee pursuant to subdivision (f) shall transmit 45
percent of the fee for each certified copy to which subdivision (f)
applies to the State Registrar by the 10th day of the month following
the month in which the fee was received.
(l) The additional three dollars ($3) authorized to be charged to
applicants other than public agency applicants for certified copies
of marriage records by subdivision (c) may be increased pursuant to
Section 114.
(m) In providing for the expiration of the surcharge on birth
certificate fees on June 30, 1999, the Legislature intends that
juvenile dependency mediation programs pursue ancillary funding
sources after that date.
(n) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.

103625. (a) A fee of three dollars ($3) shall be paid by the
applicant for a certified copy of a fetal death or death record.
(b) (1) A fee of three dollars ($3) shall be paid by a public
agency or licensed private adoption agency applicant for a certified
copy of a birth certificate that the agency is required to obtain in
the ordinary course of business. A fee of seven dollars ($7) shall be
paid by any other applicant for a certified copy of a birth
certificate. Four dollars ($4) of any seven-dollar ($7) fee is exempt
from subdivision (e) and shall be paid either to a county children's
trust fund or to the State Children's Trust Fund, in conformity with
Article 5 (commencing with Section 18965) of Chapter 11 of Part 6 of
Division 9 of the Welfare and Institutions Code.
(2) The board of supervisors of any county that has established a
county children's trust fund may increase the fee for a certified
copy of a birth certificate by up to three dollars ($3) for deposit
in the county children's trust fund in conformity with Article 5
(commencing with Section 18965) of Chapter 11 of Part 6 of Division 9
of the Welfare and Institutions Code.
(c) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage record, that has been
filed with the county recorder or county clerk, that the agency is
required to obtain in the ordinary course of business. A fee of six
dollars ($6) shall be paid by any other applicant for a certified
copy of a marriage record that has been filed with the county
recorder or county clerk. Three dollars ($3) of any six-dollar ($6)
fee is exempt from subdivision (e) and shall be transmitted monthly
by each local registrar, county recorder, and county clerk to the
state for deposit into the General Fund as provided by Section 1852
of the Family Code.
(d) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage dissolution record
obtained from the State Registrar that the agency is required to
obtain in the ordinary course of business. A fee of six dollars ($6)
shall be paid by any other applicant for a certified copy of a
marriage dissolution record obtained from the State Registrar.
(e) Each local registrar, county recorder, or county clerk
collecting a fee pursuant to subdivisions (a) to (d), inclusive,
shall transmit 15 percent of the fee for each certified copy to the
State Registrar by the 10th day of the month following the month in
which the fee was received.
(f) In addition to the fees prescribed pursuant to subdivisions
(a) to (d), inclusive, all applicants for certified copies of the
records described in those subdivisions shall pay an additional fee
of three dollars ($3), that shall be collected by the State
Registrar, the local registrar, county recorder, or county clerk, as
the case may be.
(g) The local public official charged with the collection of the
additional fee established pursuant to subdivision (f) may create a
local vital and health statistics trust fund. The fees collected by
local public officials pursuant to subdivision (f) shall be
distributed as follows:
(1) Forty-five percent of the fee collected pursuant to
subdivision (f) shall be transmitted to the State Registrar.
(2) The remainder of the fee collected pursuant to subdivision (f)
shall be deposited into the collecting agency's vital and health
statistics trust fund, except that in any jurisdiction in which a
local vital and health statistics trust fund has not been
established, the entire amount of the fee collected pursuant to
subdivision (f) shall be transmitted to the State Registrar.
(3) Moneys transmitted to the State Registrar pursuant to this
subdivision shall be deposited in accordance with Section 102247.
(h) Moneys in each local vital and health statistics trust fund
shall be available to the local official charged with the collection
of fees pursuant to subdivision (f) for the applicable jurisdiction
for the purpose of defraying the administrative costs of collecting
and reporting with respect to those fees and for other costs as
follows:
(1) Modernization of vital record operations, including
improvement, automation, and technical support of vital record
systems.
(2) Improvement in the collection and analysis of health-related
birth and death certificate information, and other community health
data collection and analysis, as appropriate.
(i) Funds collected pursuant to subdivision (f) shall not be used
to supplant funding in existence on January 1, 2002, that is
necessary for the daily operation of vital record systems. It is the
intent of the Legislature that funds collected pursuant to
subdivision (f) be used to enhance service to the public, to improve
analytical capabilities of state and local health authorities in
addressing the health needs of newborn children and maternal health
problems, and to analyze the health status of the general population.
(j) Each county shall annually submit a report to the State
Registrar by March 1 containing information on the amount of revenues
collected pursuant to subdivision (f) in the previous calendar year
and on how the revenues were expended and for what purpose.
(k) Each local registrar, county recorder, or county clerk
collecting the fee pursuant to subdivision (f) shall transmit 45
percent of the fee for each certified copy to which subdivision (f)
applies to the State Registrar by the 10th day of the month following
the month in which the fee was received.
(l) The additional three dollars ($3) authorized to be charged to
applicants other than public agency applicants for certified copies
of marriage records by subdivision (c) may be increased pursuant to
Section 114.
(m) In providing for the expiration of the surcharge on birth
certificate fees on June 30, 1999, the Legislature intends that
juvenile dependency mediation programs pursue ancillary funding
sources after that date.
(n) This section shall become operative on January 1, 2018.

103626. (a) The Contra Costa County Board of Supervisors, upon
making findings and declarations supporting the need for governmental
oversight and coordination of the multiple agencies dealing with
domestic violence, may authorize an increase in the fees for
certified copies of marriage certificates, birth certificates, fetal
death records, and death records, up to a maximum increase of four
dollars ($4).
(b) Effective July 1 of each year, the Contra Costa County Board
of Supervisors may authorize an increase in these fees by an amount
equal to the increase in the Consumer Price Index for the San
Francisco metropolitan area for the preceding calendar year, rounded
to the nearest half-dollar. The fees shall be disposed of pursuant to
the provisions of Section 18308 of the Welfare and Institutions
Code.
(c) In addition to the fees prescribed by subdivisions (a) and (b)
of this section, any applicant for a certified copy of a birth
certificate, a fetal death record, or death record in Contra Costa
County shall pay an additional fee to the local registrar, county
recorder, or county clerk as established by the Contra Costa County
Board of Supervisors.

103627. (a) (1) The Alameda County Board of Supervisors, upon
making findings and declarations supporting the need for governmental
oversight and coordination of the multiple agencies dealing with
domestic violence, may authorize an increase in the fees for
certified copies of marriage certificates, birth certificates, fetal
death records, and death records, up to a maximum increase of two
dollars ($2).
(2) The City Council of the City of Berkeley, upon making findings
and declarations supporting the need for governmental oversight and
coordination of the multiple agencies dealing with domestic violence,
may authorize an increase in the fees for certified copies of birth
certificates, fetal death records, and death records, up to a maximum
increase of two dollars ($2).
(b) Effective July 1 of each year, the Alameda County Board of
Supervisors and the City Council of the City of Berkeley may
authorize an increase in these fees by an amount equal to the
increase in the Consumer Price Index for the San Francisco
metropolitan area for the preceding calendar year, rounded to the
nearest half-dollar ($0.50). The fees shall be disposed of pursuant
to the provisions of Section 18309 of the Welfare and Institutions
Code.
(c) In addition to the fees prescribed by subdivisions (a) and
(b), any applicant for a certified copy of a birth certificate, a
fetal death record, or death record in Alameda County or in the City
of Berkeley shall pay an additional fee to the local registrar,
county recorder, or county clerk, as applicable, as established by
the Alameda County Board of Supervisors or the City Council of the
City of Berkeley.

103627.5. (a) If it elects to increase fees pursuant to Section
103627, the City Council of the City of Berkeley shall submit to the
Assembly and Senate Committees on Judiciary a preliminary report no
later than July 1, 2009, and a final report no later than July 1,
2014. Both reports shall contain the following information:
(1) The annual amount of funds received and expended from fee
increases for the purpose of governmental oversight and coordination
of domestic violence prevention, intervention, and prosecution
efforts in the city.
(2) Outcomes achieved as a result of the activities associated
with the implementation of Section 103627.
(b) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.

103628. (a) The Solano County Board of Supervisors, upon making
findings and declarations for the need for governmental oversight and
coordination of the multiple agencies dealing with domestic
violence, may authorize an increase in the fees for certified copies
of marriage certificates, birth certificates, fetal death records,
and death records, up to a maximum increase of two dollars ($2).
(b) Effective July 1 of each year, the Solano County Board of
Supervisors may authorize an increase in these fees by an amount
equal to the increase in the Consumer Price Index for the San
Francisco metropolitan area for the preceding calendar year, rounded
to the nearest one-half dollar ($0.50). The fees shall be allocated
pursuant to Section 18309.5 of the Welfare and Institutions Code.
(c) In addition to the fees prescribed by subdivisions (a) and
(b), any applicant for a certified copy of a birth certificate, a
fetal death record, or death record in Solano County shall pay an
additional fee to the local registrar, county recorder, or county
clerk as established by the Solano County Board of Supervisors.
(d) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.

103628.2. (a) The Sonoma County Board of Supervisors, upon making
findings and declarations on the need for governmental oversight and
coordination of the multiple agencies dealing with domestic violence,
may authorize an increase in the fees for certified copies of
marriage certificates, fetal death records, and death records, up to
a maximum increase of two dollars ($2).
(b) Effective July 1 of each year, the Sonoma County Board of
Supervisors may authorize an increase in these fees by an amount
equal to the increase in the Consumer Price Index for the San
Francisco metropolitan area for the preceding calendar year, rounded
to the nearest one-half dollar ($0.50). The fees shall be allocated
pursuant to Section 18309.6 of the Welfare and Institutions Code.
(c) In addition to the fees prescribed by subdivisions (a) and
(b), any applicant for a certified copy of a fetal death record or
death record in Sonoma County shall pay an additional fee to the
local registrar, county recorder, or county clerk as established by
the Sonoma County Board of Supervisors.
(d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.

103628.6. (a) The Stanislaus County Board of Supervisors, upon
making findings and declarations for the need for governmental
oversight and coordination of the multiple agencies dealing with
domestic violence, may authorize an increase in the fees for
certified copies of marriage certificates, birth certificates, fetal
death records, and death records, up to a maximum increase of two
dollars ($2). The fees shall be allocated pursuant to Section 18309.8
of the Welfare and Institutions Code.
(b) Effective July 1 of each year, the Stanislaus County Board of
Supervisors may authorize an increase in these fees by an amount
equal to the increase in the Consumer Price Index for the San
Francisco metropolitan area for the preceding calendar year, rounded
to the nearest one-half dollar ($0.50). The fees shall be allocated
pursuant to Section 18309.8 of the Welfare and Institutions Code.
(c) In addition to the fees prescribed by subdivisions (a) and
(b), any applicant for a certified copy of a birth certificate, a
fetal death record, or death record in Stanislaus County shall pay an
additional fee to the local registrar, county recorder, or county
clerk as established by the Stanislaus County Board of Supervisors.
(d) The Stanislaus County Board of Supervisors shall submit to the
Assembly and Senate Committees on Judiciary, no later than July 1,
2014, a report containing the following information:
(1) The annual amounts of funds received and expended from fee
increases for the purpose of governmental oversight and coordination
of domestic violence prevention, intervention, and prosecution
efforts in the county.
(2) Outcomes achieved as a result of the activities associated
with the implementation of this section.
(e) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.

103630. If the information supplied by the applicant is not
sufficient to enable the State Registrar to supply the certified copy
of any record for which application is made and the applicant, after
written request by the State Registrar, does not furnish the
necessary information within 30 days of the date of the request, the
State Registrar shall retain the fee.

103635. Overpayment of the required fee received in the office of
the State Registrar shall be retained, except any overpayment shall
be refunded upon written request of the applicant within one year or
when overpayment is in excess of two dollars ($2).

103641. The State Registrar shall annually prepare a summary report
of all statewide activities related to revenues collected by the
State Registrar pursuant to subdivision (f) of Section 103625. The
report shall include, but not be limited to, the following:
(a) A report that combines the information that counties are
required to submit pursuant to subdivision (f) of Section 103625.
(b) Information regarding revenues collected by the State
Registrar pursuant to subdivision (f) of Section 103625 for the
previous calendar year, including, but not limited to, the manner in
which, and purpose for which, the revenues were expended.

103650. The fee for any search of the files and records performed
by the custodian of the records for a specific record when no
certified copy is made shall be paid in advance by the applicant. The
fee shall be the same as the fee required in Section 103625.

103655. No fee shall be charged any publisher or editor of, or
reporter employed by, a newspaper of general circulation or a news
service to inspect, in the course and scope of his or her position or
employment, any certificate of live birth, fetal death, or marriage,
or any other certificate required by this part to be filed in the
Office of the State Registrar or the office of any local registrar or
county recorder, or any index of the certificates.

103660. No fee shall be charged by the State Registrar or local
registrar of births and deaths for services rendered to any public
entity, except for issuance of a permit for disposition of human
remains or for making a copy of a record.
As used in this section, "public entity" includes the state, the
Regents of the University of California, a county, city, district,
public authority, public agency, and any other political subdivision
or public corporation in the state.