Amended in Assembly April 21, 2014

Amended in Assembly March 25, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1733

Introduced by Assembly Members Quirk-Silva, Atkins, and Maienschein

(Coauthors: Assembly Members begin insert Achadjian, end insert Ammiano, begin insert Chau, end insert Chesbro, begin insert Fong, Gonzalez, Gorell, end insert Nestande, Pan, Stone, begin delete and Ting end delete begin insert Ting, and Yamada end insert )

February 14, 2014

An act to add Section 103577 to the Health and Safety Code, and to begin delete add Section 14903 to end delete begin insert amend Section 14902 of end insert the Vehicle Code, relating to public records.

LEGISLATIVE COUNSEL’S DIGEST

AB 1733, as amended, Quirk-Silva. Public records: fee waiver.

(1) 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 to, upon request and payment of the required fee, 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 issuance of certain records without payment of the fee.

This bill would require begin delete the State Registrar end delete begin insert each county registrar or recorder end insert to issue, without a fee, a begin insert certified end insert certificate of live birth to an applicant who certifies, and provides sufficient corroborating evidence to demonstrate, that he or she is a homeless person, begin insert or a homeless child or youth, end insert as defined. begin insert The bill would require the department to develop an affidavit attesting to the fact that a person is homeless, and would provide that the affidavit is sufficient corroborating evidence for purposes of obtaining the certificate. By imposing additional duties on county employees, the bill would impose a state-mandated local program. end insert

(2) Existing law authorizes the Department of Motor Vehicles to issue an identification card to any person attesting to the true full name, correct age, and other identifying data as certified by the applicant for the identification card, and authorizes the assessment of related fees.

This bill would begin insert , on and after January 1, 2016, end insert require the department to issue, without a fee, an begin insert original or replacement end insert identification card to begin delete an applicant who certifies, and provides sufficient corroborating evidence to demonstrate, that he or she is a homeless person, as defined end delete begin insert a person who can verify his or her status as a homeless person or homeless child or youth, as defined. The bill would authorize a homeless services provider, as described, that has knowledge of a person’s housing status to verify the person’s status as a homeless person or homeless child or youth for purposes of this provision end insert .

begin insert

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.

end insert begin insert

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 these statutory provisions.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

SECTION 1.  

Section 103577 is added to the Health and Safety
Code, to read:

103577.  

(a)  begin delete The State Registrar end delete begin insert Each county registrar or
recorder end insert shall, without a fee, issue a begin insert certified end insert certificate of live
birth to an applicant who certifies, and provides sufficient
corroborating evidence to demonstrate, that he or she is a homeless
person begin insert or a homeless child or youth. For the purposes of this
section, the affidavit developed pursuant to subdivision (b) shall
constitute sufficient corroborating evidence to demonstrate that a
person is homeless end insert .

begin insert

(b) The State Department of Public Health shall develop an
affidavit attesting to the fact that a person is homeless. The affidavit
shall be made available for use by a person making a request for
a certificate of live birth pursuant to this section.

end insert begin delete

(b)

end delete

begin insert (c) end insert  For the purposes of this begin delete section, “homeless end delete begin insert section the
following definitions apply: end insert

begin insert

(1) A “homeless child or youth” has the same meaning as the
definition of “homeless children and youths” as set forth in the
federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec.
11301 et seq.).

end insert

begin insert (2) end insert begin insert   end insert begin insert A “homeless end insert person” has the same meaning as begin insert the definition
of that term end insert set forth in the federal McKinney-Vento Homeless
Assistance Act (42 U.S.C. Sec. 11301 et seq.).

begin delete

(c) A person may receive a lifetime maximum of two certificates
of live birth without paying a fee pursuant to this section.

end delete

begin delete

SEC. 2.  

Section 14903 is added to the Vehicle Code, to read:

14903.  

(a) Notwithstanding Section 14902, the department
shall, without a fee, issue an identification card or a senior citizen
identification card to an applicant who certifies, and provides
sufficient corroborating evidence to demonstrate, that he or she is
a homeless person.

(b) Notwithstanding any law, including, but not limited to,
subparagraph (A) of paragraph (2) of subdivision (b) of Section
13005, the content of the identification card shall be adjusted to
the extent necessary to accommodate the person’s homeless status.

(c) For the purposes of this section, “homeless person” has the
same meaning as set forth in the federal McKinney-Vento
Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).

(d) A person may receive a lifetime maximum of two
identification cards without paying a fee pursuant to this section.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 14902 of the end insert begin insert Vehicle Code end insert begin insert is amended to read: end insert

14902.  

(a) Except as otherwise provided in subdivisions (b)
begin delete and (c) end delete begin insert , (c), and (d) end insert of this section, subdivision (c) of Section
13002, and subdivision (c) of Section 14900, upon an application
for an identification card a fee of twenty dollars ($20), and on and
after January 1, 2010, a fee of twenty-six dollars ($26), shall be
paid to the department.

(b) An original or replacement senior citizen identification card
issued pursuant to subdivision (b) of Section 13000 shall be issued
free of charge.

(c) The fee for an original or replacement identification card
issued to a person who has been determined to have a current
income level that meets the eligibility requirements for assistance
programs under Chapter 2 (commencing with Section 11200) or
Chapter 3 (commencing with Section 12000) of Part 3 of, or Part
5 (commencing with Section 17000) of, or Article 9 (commencing
with Section 18900) of Chapter 10 of Part 6 of, or Chapter 10.1
(commencing with Section 18930) or Chapter 10.3 (commencing
with Section 18937) of Part 6 of, Division 9 of the Welfare and
Institutions Code shall be six dollars ($6). The determination of
eligibility under this subdivision shall be made by a governmental
or nonprofit entity, which shall be subject to regulations adopted
by the department.

begin insert

(d) On and after January 1, 2016, a fee shall not be charged
for an original or replacement identification card issued to any
person who can verify his or her status as a homeless person or
homeless child or youth. A homeless services provider that has
knowledge of the person’s housing status may verify the person’s
status for purposes of this subdivision. A determination of eligibility
pursuant to this subdivision shall be subject to regulations adopted
by the department. A person applying for an identification card
under this subdivision shall not be charged a fee for verification
of their eligibility.

end insert begin delete

(d)

end delete

begin insert (e) end insert  All fees received pursuant to this section shall be deposited
in the Motor Vehicle Account.

begin insert

(f) For purposes of this section, the following definitions apply:

end insert begin insert

(1) A “homeless child or youth” has the same meaning as the
definition of “homeless children and youths” as set forth in the
federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec.
11301 et seq.).

end insert begin insert

(2) A “homeless person” has the same meaning as the definition
set forth in the federal McKinney-Vento Homeless Assistance Act
(42 U.S.C. Sec. 11301 et seq.).

end insert begin insert

(3) A “homeless services provider” includes, but is not limited
to:

end insert begin insert

(A) A governmental or nonprofit agency receiving federal, state,
county or municipal funding to provide services to a “homeless
person” or “homeless child or youth,” or that is otherwise
sanctioned to provide those services by a local homeless continuum
of care organization.

end insert begin insert

(B) An attorney licensed to practice law in this state.

end insert begin insert

(C) A local educational agency liaison for homeless children
and youth designated as such pursuant to Section 11432
(g)(1)(J)(ii) of Title 42 of the United States Code, or a school social
worker.

end insert begin insert

(D) A human services provider or public social services provider
funded by the State of California to provide homeless children or
youth services, health services, mental or behavioral health
services, substance use disorder services, or public assistance or
employment services.

end insert begin insert

(E) Any other homeless services provider that is qualified to
verify an individual’s housing status, as determined by the
department.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert