BILL ANALYSIS Ó SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: ab 1733 SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: quirk-silva VERSION: 5/23/14 Analysis by: Erin Riches FISCAL: yes Hearing date: June 24, 2014 SUBJECT: Identification cards: fee waiver DESCRIPTION: This bill requires the Department of Motor Vehicles (DMV) to issue, without a fee, an identification card to any individual who can verify his or her status as homeless. ANALYSIS: Existing state law authorizes DMV to issue an identification card, valid for six years, to any individual providing the following: Completed and signed original application Thumbprint Picture, taken at DMV Social security number, verified by DMV during the appointment Verification of birth date and legal presence (documents accepted include a California driver's license, birth certificate, U.S. passport) Application fee of $26 Existing state law requires DMV to issue a senior citizen identification card to an individual 62 years of age or older who applies for one. This card is free of charge and is valid for 10 years. Existing state law requires DMV to charge an application fee of $6 to an individual who has a current income level meeting the eligibility requirements for certain public assistance programs. Existing federal law, known as the McKinney-Vento Homeless Assistance Act, defines "homeless" as an individual or family who lacks a fixed, regular, and adequate nighttime residence or AB 1733 (QUIRK-SILVA) Page 2 who will imminently lose his or her primary nighttime residence and has identified no subsequent residence. This bill : Requires DMV to issue, without a fee, an original or replacement identification card issued to any individual who can verify his or her status as a homeless person or homeless child or youth. Authorizes a homeless services provider with knowledge of the individual's housing status to verify that status for purposes of establishing the individual's eligibility for the fee waiver. Provides that eligibility determination shall be subject to regulations adopted by DMV. Provides that an individual applying for an identification card pursuant to this bill shall not be charged a fee for verification of his or her eligibility. Defines "homeless person" and "homeless child or youth" as set forth in the federal McKinney-Vento Homeless Assistance Act. Defines "homeless services provider" as including, but not limited to: o A governmental or nonprofit agency receiving federal, state, county, or municipal funding to provide homeless services, or an agency that is otherwise sanctioned to provide homeless services by a local homeless continuum-of-care organization o An attorney licensed to practice law in California o A local educational agency liaison for homeless children and youth designated as such pursuant to federal law, or a school social worker o A human services provider or public social services provider funded by the state to provide homeless children or youth services, health services, mental or behavioral health services, substance abuse disorder services, or public assistance or employment services o Any other homeless services provider qualified to verify AB 1733 (QUIRK-SILVA) Page 3 an individual's housing status, as determined by DMV COMMENTS: 1.Purpose . The author states that individuals experiencing homelessness rely on access to government programs and social services in order to obtain housing, employment, nutrition, health services, education, public assistance, and other benefits. Nearly every state and federal program providing these services requires an applicant to establish eligibility by producing proof of identity, proof of residence, or both. The most common documents required are a birth certificate and a valid, government-issued photo identification card. The author states that by providing a process by which DMV can waive the identification card fee, this bill will help individuals who cannot afford the fee to access these services. The author notes that this bill will expedite and enhance the efficiency of government and nonprofit advocates working to connect homeless individuals to existing programs that meet their needs, and that this bill will support individuals working to end their homelessness. 2.What about the reduced-fee identification card ? Existing law requires DMV to charge a reduced identification card application fee of $6 to an individual who qualifies for certain public assistance programs. Supporters of this bill note that even that seemingly small amount of money can be prohibitive for a homeless individual with no income, particularly when combined with obtaining a birth certificate, which varies from county to county, but typically costs about $25. Housing California, the sponsor of this bill, notes that this bill can create significant cost savings for counties and the state by helping homeless people connect to services for which they are eligible, many of which are federally funded. 3.Other states . At least a few other states have enacted legislation similar to this bill. For example, Nevada provides a one-time fee waiver for an identification card for an individual who submits either a signed affidavit to the state DMV stating he or she is homeless or documentation from the Nevada Department of Corrections verifying that he or she was released from prison within the immediately preceding 90 days. Connecticut statute authorizes the state DMV to waive the identification card fee for any applicant who is a resident of a homeless shelter or other facility for homeless individuals. Illinois statute waives the identification card AB 1733 (QUIRK-SILVA) Page 4 fee for a homeless individual upon verification of his or her homeless status by a human services, legal services, or government authorized employee. 4.How many individuals might this bill impact ? In the 12 months ending November 2013, DMV issued a total of 143,726 reduced fee ID cards, of which 34,193 were original ID cards and the remainder were renewals. Statistics compiled by the U.S. Department of Housing and Urban Development indicate that on any given night, there are approximately 136,826 homeless individuals in California. 5.Committee of second referral . In addition to providing a fee waiver for identification cards for homeless individuals, this bill provides a fee waiver for birth certificates for homeless individuals. Because this bill was heard and passed by an 8-0 vote in Senate Health Committee on June 18, 2014, this committee will focus on the bill's Vehicle Code provisions relating to issuance of an identification card. 6.Amendments . Among other things, this bill requires the state Department of Public Health (DPH) to develop an affidavit allowing an individual who makes a request for a birth certificate to attest to his or her status as a homeless person or a homeless child or youth. As currently written, this bill requires the affidavit to constitute sufficient verification that an individual is homeless. The author committed during the Senate Health Committee hearing to amend this bill to require the affidavit to include verification of the applicant's homeless status by a homeless services provider, as well as authorizing DPH to implement this bill without further regulation. Due to the tight schedule of the double referral, the author will take these amendments in this committee. The amendments will also add Senators Beall, Correa, DeSaulnier, Hancock, Leno, and Mitchell as coauthors. Assembly Votes: Floor: 77-0 Appr: 17-0 Trans: 16-0 Health: 19-0 POSITIONS: (Communicated to the committee before noon on Wednesday, June 18, AB 1733 (QUIRK-SILVA) Page 5 2014.) SUPPORT: Housing California (sponsor) American Legion, Department of California AMVETS, Department of California Aspiranet California Association of County Veterans Service Officers California Church Impact California Coalition for Youth California Communities United Institute California Mental Health Directors Association California Mental Health Planning Council California State Association of Counties California State Commanders Veterans Council California Police Chiefs Association California Probation, Parole, and Correctional Association Central Coast HIV/AIDS Services Century Housing Coalition of California Welfare Rights Organizations, Inc. Compass Family Services Corporation for Supportive Housing County of Santa Clara County Welfare Directors Association of California EAH Housing First Place for Youth General Assistance Advocacy Project Home Start, Inc. Hoopa Valley Tribe Kern County Homeless Collaborative Kings/Tulare Continuum of Care on Homelessness Larkin Street Youth Services Law Foundation of Silicon Valley LINC Housing Los Angeles Area Chamber of Commerce Los Angeles Business Leaders Task Force on Homelessness Mammoth Lakes Housing, Inc. Marin Partnership to End Homelessness Military Officers Association of America, California Council of Chapters National Alliance on Mental Illness National Association for the Education of AB 1733 (QUIRK-SILVA) Page 6 Homeless Children and Youth National Association of Social Workers, California Chapter Northern Circle Indian Housing Authority Paratransit, Inc. PATH (People Assisting the Homeless) Pathways of Hope Plowshares Peace and Justice Center Project Homeless Connect Project Sanctuary Redwood Children's Services, Inc. River City Food Bank Sacramento Cottage Housing, Inc. Sacramento Homeless Organizing Committee Sacramento Housing Alliance Sacramento LGBT Community Center Sacramento Loaves and Fishes Sacramento Regional Coalition to End Homelessness Sacramento Youth Homelessness Task Force San Diego Housing Commission San Diego Housing Federation San Diego Hunger Coalition San Francisco Mayor Edwin Lee San Luis Obispo County Office of Education Scotts Valley Band of Pomo Indians Sherwood Valley Band of Pomo Indians Service Employees International Union, Local 1000 Skid Row Housing Trust Sonoma County Task Force for the Homeless St. Mary's Center St. Vincent de Paul Village Swords to Plowshares United Way of Greater Los Angeles United Way of Silicon Valley Veterans of Foreign Wars, Department of California Vietnam Veterans of America, California State Council Western Center on Law and Poverty WomanHaven, Inc. Yolo County Office of Education, Homeless Services Program OPPOSED: None received. AB 1733 (QUIRK-SILVA) Page 7