Amended in Assembly May 23, 2014

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 Achadjian, Ammiano, begin insert Bloom, end insert Chau, begin insert Chá end insert begin insert vez, end insert Chesbro, Fong, begin insert Garcia, end insert Gonzalez, Gorell, begin insert Lowenthal, end insert Nestande, Pan, begin insert Skinner, end insert Stone, Ting, begin insert Waldron, Weber, Wieckowski, Williams, end insert and Yamada)

February 14, 2014

An act to add Section 103577 to the Health and Safety Code, and to amend Section 14902 of 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 begin insert , on or after July 1, 2015, end insert require each begin delete county registrar or recorder end delete begin insert local registrar or county recorder end insert to issue, without a fee, a certified begin delete certificate end delete begin insert record end insert of live birth to begin delete an applicant who certifies, and provides sufficient corroborating evidence to demonstrate, that he or she is a homeless person, or a homeless child or youth, as defined. 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. end delete begin insert any person who can verify his or her status as a homeless person or a 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. The bill would require the State Department of Public Health to develop an affidavit that permits a person to attest to his or her status as a homeless person or homeless child or youth, and would provide that the affidavit is sufficient verification for purposes of obtaining the certified record of live birth, as specified. end insert By imposing additional duties on county employees, the bill would impose a state-mandated local program.

(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, on and after January 1, 2016, require the department to issue, without a fee, an original or replacement identification card to 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.

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 these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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 Each county registrar or recorder end delete begin insert On or after July
1, 2015, each local registrar or county recorder end insert shall, without a
fee, issue a certified begin delete certificate end delete begin insert record end insert of live birth to begin delete an applicant
who certifies, and provides sufficient corroborating evidence to
demonstrate, that he or she is end delete begin insert any person who can verify his or her
status as end insert a homeless person or a homeless child or youth. begin delete 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 delete begin insert A homeless services
provider that has knowledge of a person’s housing status may
verify a person’s status for the purposes of this subdivision. A
request for a certified record of live birth made pursuant to this
subdivision shall be made by a homeless person or a homeless
child or youth on behalf of themselves, or by any person lawfully
entitled to request a certified record of live birth on behalf of a
child, if the child has been verified as a homeless person or a
homeless child or youth pursuant to this section. A person applying
for a certified record of live birth under this subdivision is entitled
to one birth record, per application, for each eligible person
verified as a homeless person or a homeless child or youth. For
purposes of this subdivision, an affidavit developed pursuant to
subdivision (b) shall constitute sufficient verification that a person
is a homeless person or a homeless child or youth. A person
applying for a certified record of live birth under this subdivision
shall not be charged a fee for verification of his or her eligibility. end insert

(b) The State Department of Public Health shall develop an
begin delete 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 delete begin insert affidavit that
permits a person who makes a request for a certified record of live
birth pursuant to subdivision (a) to attest to his or her status as a
homeless person or a homeless child or youth. end insert

begin insert

(c) 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.

end insert begin delete

(c)

end delete

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

(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.).

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

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,
or 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

SEC. 2.  

Section 14902 of the Vehicle Code is amended to read:

14902.  

(a) Except as otherwise provided in subdivisions begin delete (b),
(c), end delete begin insert (b), (c), end insert and (d) 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.

(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 begin delete their end delete
begin insert his or her end insert eligibility.

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

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

(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.).

(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.).

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

(A) A governmental or nonprofit agency receiving federal, state,
begin insert or end insert 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.

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

(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.

(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.

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

SEC. 3.  

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.