Amended in Senate August 19, 2014

Amended in Senate June 26, 2014

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, Bloom, Chau, Chávez, Chesbro, Fong, Garcia, Gonzalez, Gorell, Lowenthal, Nestande, Pan, Skinner, Stone, Ting, Waldron, Weber, Wieckowski, Williams, and Yamada)

(Coauthors: Senators Beall, Correa, DeSaulnier, Hancock, Leno, and Mitchell)

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, on or after July 1, 2015, require each local registrar or county recorder to issue, without a fee, a certified record of live birth to any person who can verify his or her status as a homeless person or a homeless child or youth, as defined. The bill would begin delete authorize end delete begin insert require end insert 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 begin delete affidavit, as specified, that permits a person to attest to his or her end delete begin insert affidavit attesting to an applicant’s end insert 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. 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) On or after July 1, 2015, each local registrar or
county recorder shall, without a fee, issue a certified record of live
birth to any person who can verify his or her status as a homeless
person or a homeless child or youth. A homeless services provider
that has knowledge of a person’s housing status begin delete may end delete begin insert shall end insert verify
a person’s status for the purposes of this subdivision. begin delete A end delete begin insert In
accordance end insert begin insert with all other application requirements as set forth in
Section 103526, a end insert 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.

(b) The State Department of Public Health shall develop an
affidavit begin delete 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. The
affidavit shall also contain a line upon which a homeless services
provider may attest to the eligibility of the person making that
request. The affidavit shall not be deemed complete for purposes
of this section unless a homeless services provider has signed the
affidavit for that purpose. end delete begin insert attesting to an applicant’s status as a
homeless person or homeless child or youth. For purposes of this
section, the affidavit shall not be deemed complete unless it is
signed by both the person making a request for a certified record
of live birth pursuant to subdivision (a) and a homeless services
provider that has knowledge of the applicant’s housing status. end 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 without taking regulatory action.

(d) For the 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
of that term 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,
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.

(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.

begin insert

(E) A law enforcement officer designated as a liaison to the
homeless population by a local police department or sheriff’s
department within the state.

end insert

SEC. 2.  

Section 14902 of the Vehicle Code is amended to read:

14902.  

(a) Except as otherwise provided in subdivisions (b),
(c), 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 his
or her 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,
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.

(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.

begin insert

(E) A law enforcement officer designated as a liaison to the
homeless population by a local police department or sheriff’s
department within the state.

end insert begin delete

(E)

end delete

begin insert ( end insert begin insert F) end insert  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.