Bill Text: CA AB1733 | 2013-2014 | Regular Session | Chaptered
Bill Title: Public records: fee waiver.
Spectrum: Moderate Partisan Bill (Democrat 25-5)
Status: (Passed) 2014-09-29 - Chaptered by Secretary of State - Chapter 764, Statutes of 2014. [AB1733 Detail]
Download: California-2013-AB1733-Chaptered.html
BILL NUMBER: AB 1733 CHAPTERED
BILL TEXT
CHAPTER 764
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2014
APPROVED BY GOVERNOR SEPTEMBER 29, 2014
PASSED THE SENATE AUGUST 25, 2014
PASSED THE ASSEMBLY AUGUST 27, 2014
AMENDED IN SENATE AUGUST 21, 2014
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
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, 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 require 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 affidavit attesting to an applicant's
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.
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 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 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:
(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.
(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.
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:
(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.
(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.
(F) 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.
