Senate Bill No. 672

Introduced by Senator Hernandez

February 27, 2015

An act to amend Section 103577 of the Health and Safety Code, relating to vital records.

LEGISLATIVE COUNSEL’S DIGEST

SB 672, as introduced, Hernandez. Certified records of live birth: homeless persons: fees.

Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, 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.

Existing law, on and after July 1, 2015, requires 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.

This bill would make technical, nonsubstantive changes to those provisions.

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

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

SECTION 1.  

Section 103577 of the Health and Safety Code
is amended 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 shall verify a
person’s status for the purposes of this subdivision. In accordance
with all other application requirements begin delete as end delete set forth in Section
103526, 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.

(b) The State Department of Public Health shall develop an
affidavit 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 begin delete that end delete begin insert who end insert has
knowledge of the applicant’s housing status.

(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 begin insert all of the following
individuals or entities end 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.

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

(C) A local educational agency liaison for homeless children
and begin delete youth designated as such end delete begin insert youth, as designated end insert 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) A law enforcement officer designated as a liaison to the
homeless population by a local police department or sheriff’s
department within the state.