BILL NUMBER: SB 672	INTRODUCED
	BILL TEXT


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  as
 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  that
  who  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  all of the
following individuals or entities  :
   (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   youth, as designated
 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.