BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                       AB 1733|
          |Office of Senate Floor Analyses   |                              |
          |1020 N Street, Suite 524          |                              |
          |(916) 651-1520         Fax: (916) |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 
           
                                           
                                    THIRD READING


          Bill No:  AB 1733
          Author:   Quirk-Silva (D), Atkins (D), and Maienschein (R), et  
          al.
          Amended:  8/19/14 in Senate
          Vote:     21


           SENATE HEALTH COMMITTEE  :  8-0, 6/18/14
          AYES:  Hernandez, Morrell, Beall, DeSaulnier, Evans, Monning,  
            Nielsen, Wolk
          NO VOTE RECORDED:  De León

           SENATE TRANSPORTATION & HOUSING COMMITTEE  :  11-0, 6/24/14
          AYES:  DeSaulnier, Gaines, Beall, Cannella, Galgiani, Hueso,  
            Lara, Liu, Pavley, Roth, Wyland

           SENATE APPROPRIATIONS COMMITTEE  :  5-0, 8/14/14
          AYES:  De León, Hill, Lara, Padilla, Steinberg
          NO VOTE RECORDED:  Walters, Gaines

           ASSEMBLY FLOOR  :  77-0, 5/28/14 - See last page for vote


           SUBJECT  :    Public records:  fee waiver

           SOURCE  :     Housing California


           DIGEST  :    This bill requires local registrars or county  
          recorders to issue a birth certificate without a fee to any  
          person who can verify his/her status as a homeless person or a  
          homeless child or youth; prohibits a fee from being charged for  
          an original or replacement identification card issued by the  
                                                                CONTINUED





                                                                    AB 1733
                                                                     Page  
          2

          Department of Motor Vehicles (DMV) to any person who can verify  
          his/her status as a homeless person or homeless child or youth;  
          and requires the Department of Public Health (DPH) to develop an  
          affidavit attesting to an applicant's status as a homeless  
          person or homeless child or youth.

           ANALYSIS  :    

          Existing law:

          1.Requires the State Registrar of Vital Statistics, a local  
            registrar, or a county recorder, upon payment of a required  
            fee, to supply applicants with a certified copy of birth,  
            fetal death, death, marriage, or divorce records.  Requires  
            applicants for birth or death records to pay a fee.

          2.Allows the State Registrar, local registrar, or county  
            recorder to furnish a certified copy of birth, death, or  
            marriage records to applicants upon request if the request is  
            written or faxed and accompanied by a notarized statement,  
            sworn under penalty of perjury, that the requester is an  
            "authorized person," or, the request is made in person, and  
            the official takes a statement, sworn under penalty of  
            perjury, that the requester is signing his/her own legal name  
            and is an "authorized person." 

          3.Requires a notary, prior to notarizing a document, to obtain  
            satisfactory evidence of the identity of the person signing  
            the document. 

          4.Permits DMV to issue an ID card to any person who provides  
            their true full name, correct age, and any other identifying  
            data as required by DMV.  Requires an application for an ID  
            card to be signed and verified by the applicant, as specified,  
            and requires the applicant to provide a legible thumb or  
            finger print.  Requires a $26 fee to be paid to DMV for the  
            issuance of an ID card.  Requires an original or replacement  
            ID card for a senior citizen to be issued free of charge.   
            Requires an original or replacement ID card to be $6 for an  
            applicant that can provide proof of eligibility for public  
            assistance programs, as specified.

          This bill:


                                                                CONTINUED





                                                                    AB 1733
                                                                     Page  
          3

          1.Requires local registrars or county recorders, on or after  
            July 1, 2015, to issue a birth certificate without a fee to  
            any person, who can verify his/her status as a homeless person  
            or a homeless child or youth, as defined.  Permits DPH to  
            implement and administer this bill through an all-county  
            letter or similar instructions from the Director or State  
            Registrar without taking regulatory action.

          2.Prohibits, on and after January 1, 2016, a fee from being  
            charged for an original or replacement ID card issued to any  
            person who can verify his/her status as a homeless person or  
            homeless child or youth.  Requires a determination of  
            eligibility for these purposes be subject to regulations  
            adopted by the DMV.  Prohibits a person applying for an  
            identification card from being charged a fee for verification  
            of his/her eligibility.

          3.Requires a homeless services provider that has knowledge of a  
            person's housing status to verify that status for the purposes  
            in #1 and #2 above.  Defines "homeless services provider" as  
            including, but not being 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 existing federal  
               law, or a school social worker;

             D.   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 use disorder services, or public  
               assistance or employment services; and, for the purposes of  
               an ID card, any other homeless services provider that is  
               qualified to verify an individual's housing status, as  
               determined by the DMV.

          1.Requires a request for a birth certificate made pursuant to  

                                                                CONTINUED





                                                                    AB 1733
                                                                     Page  
          4

            this bill to 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, as specified. 

          2.Entitles a person applying for a birth certificate under this  
            bill to one certificate, per application, for each eligible  
            person verified as a homeless person or a homeless child or  
            youth.

          3.Requires DPH to develop an affidavit attesting to an  
            applicant's status as a homeless person or homeless child or  
            youth.  Specifies that 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 and a homeless  
            services provider that has knowledge of the applicant's  
            housing status.

          4.Adds a law enforcement officer designated as a liaison to the  
            homeless population by a local police department or sheriff's  
            department within the state to the definitions of a "homeless  
            services provider."

          5.Prohibits a person applying for a birth certificate under this  
            bill from being charged a fee for verification of his/her  
            eligibility.

           Background

           The base fee for a copy of a birth certificate is $12 and  
          counties are allowed to raise the fee to cover the costs of  
          modernizing vital record operations and improving the collection  
          and analysis of health related birth and death certificate  
          information.  Costs vary from county to county with the average  
          cost to receive a copy of a birth certificate ranging from $23  
          to $28.  According to DPH, they do not currently have a process  
          in place to provide a free or reduced cost birth certificate.

          The DMV offers a reduced fee ID card to applicants who have been  
          identified by a governmental or non-profit agency as meeting the  
          income eligibility requirements for certain specified assistance  
          programs, including but not limited to, California Work  
          Opportunity and Responsibility to Kids, Food Stamps/CalFresh,  

                                                                CONTINUED





                                                                    AB 1733
                                                                     Page  
          5

          and Supplemental Security Income.

          Outside of the cost, there is no difference between the reduced  
          fee ID and the ID issued to applicants that pay the full amount.  
           A government or non-profit agency must contact DMV to request  
          the verification paperwork and confirm that a customer's income  
          meets the requirements for a reduced fee ID card.  The agency  
          will complete the paperwork which is provided to the customer to  
          bring into their local DMV office for processing.  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 rest were renewals.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Senate Appropriations Committee:

           According to the federal Department of Housing and Urban  
            Development, there are about 136,000 homeless people in  
            California at any given time.  Many of those homeless  
            individuals are homeless for a short time and may not have  
            lost track of their identification documents necessary for  
            application for public assistance programs.  It is likely that  
            only a small portion of the homeless population will request a  
            free copy of their birth certificate or DMV-issued ID card in  
            any given year.  (Also, only homeless individuals who are  
            still located in the county of their birth are likely to  
            request a copy of their birth certificate since a request by  
            mail must be notarized, creating additional costs).  The  
            following cost estimates assume that 5% of the state's  
            homeless population request copies of these documents each  
            year.

           One-time costs of about $300,000 for the development of  
            regulations and information technology changes to allow DMV to  
            issue no-cost ID cards (Motor Vehicle Account).

           Ongoing cost of about $115,000 per year for DMV to issue  
            no-cost ID cards (Motor Vehicle Account).

           Ongoing costs to local registrars and county recorders of  
            about $140,000 per year (local funds or General Fund).  (This  
            analysis assumes that the fee charged to issues a birth  

                                                                CONTINUED





                                                                    AB 1733
                                                                     Page  
          6

            certificate generally covers the cost to issue the document).   
            Local registrars or county recorders typically charge around  
            $25 for a copy of a birth certificate.  Of that fee, $4.55 is  
            remitted to DPH to fund various programs relating to vital  
            records.  Because the state is mandating local government to  
            issue no-cost birth certificates, this bill creates a  
            reimbursable state mandate.  Whether counties file mandate  
            claims and the size of those claims for those costs will  
            depend on their actual costs.

           Ongoing revenue loss to DPH of about $30,000 due to reduced  
            birth certificate fees (various funds).

           SUPPORT  :   (Verified  8/19/14)

          Housing California (source)
          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 Parole, Probation Officers, and Corrections  
          Association 
          California Police Chiefs Association
          California State Association of Counties 
          California State Commanders Veterans Council
          Central Coast HIV/AIDS Services
          Century Housing
          City and County of San Francisco
          Coalition of California Welfare Rights Organizations, Inc.
          Compass Family Services
          Corporation for Supportive Housing 
          Cottage Housing, Inc.
          County of Santa Clara
          County Welfare Directors Association of California 
          EAH Housing
          First Place for Youth
          General Assistance Advocacy Project 
          Home Start
          Hoopa Valley Tribe

                                                                CONTINUED





                                                                    AB 1733
                                                                     Page  
          7

          Kern County Homeless Collaborative 
          Kings/Tulare Continuum of Care
          Larkin Street Youth Services
          Law Foundation of Silicon Valley
          LINC Housing
          Loaves & Fishes
          Los Angeles Area Chamber of Commerce
          Mammoth Lakes Housing, Inc.
          Marin Partnership to End Homelessness
          Military Officers Association of America, California Council  
          Chapters
          National Alliance on Mental Illness 
          National Association for the Education of Homeless Children and  
          Youth 
          National Association of Social Workers California Chapter
          Northern Circle Indian Housing Authority
          Paratransit
          Pathways of Hope
          People Assisting the Homeless 
          Plowshares
          Project Homeless Connect 
          Project Sanctuary
          Redwood Children Services, Inc.
          River City Food Bank
          Sacramento Homeless Organizing Committee 
          Sacramento Homeless Youth Task Force
          Sacramento Housing Alliance
          Sacramento LGBT Community Center
          Sacramento Regional Coalition to End Homelessness 
          San Diego Housing Commission
          San Diego Housing Federation
          San Diego Hunger Coalition
          San Luis Obispo County Office of Education
          Scotts Valley Band of Pomo Indians
          SEIU Local 1000
          Sherwood Valley Band of Pomo Indians
          Skid Row Housing Trust
          Sonoma County Task Force for the Homeless
          St. Mary's Center
          St. Vincent DePaul - Father Joe's Villages
          Swords to Plowshares
          United Way of Greater Los Angeles
          United Way of Silicon Valley
          Veterans of Foreign Wars, Department of California

                                                                CONTINUED





                                                                    AB 1733
                                                                     Page  
          8

          Western Center on Law and Poverty
          Womanhaven, Inc.
          Yolo County Continuum of Care
          Yolo County Office of Education

           OPPOSITION  :    (Verified  8/19/14)

          County Recorders' Association of California

           ASSEMBLY FLOOR  :  77-0, 5/28/14
          AYES:  Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,  
            Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian  
            Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,  
            Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,  
            Frazier, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray,  
            Grove, Hagman, Hall, Harkey, Roger Hernández, Holden, Jones,  
            Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,  
            Mansoor, Medina, Mullin, Muratsuchi, Nazarian, Nestande,  
            Olsen, Pan, Patterson, Perea, John A. Pérez, V. Manuel Pérez,  
            Quirk, Quirk-Silva, Rendon, Ridley-Thomas, 
            Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron,  
            Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
          NO VOTE RECORDED:  Beth Gaines, Melendez, Vacancy


          JL:e  8/19/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

                                   ****  END  ****















                                                                CONTINUED