Bill Text: CA AB1733 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 1733	AMENDED
	BILL TEXT

	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, 
Chau,  Chesbro,  Fong,   Gonzalez,  
Gorell,  Nestande, Pan, Stone,  and Ting  
Ting,   and Yamada  )

                        FEBRUARY 14, 2014

   An act to add Section 103577 to the Health and Safety Code, and to
 add Section 14903 to   amend Section 14902 of
 the Vehicle Code, relating to public records.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1733, as amended, 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 require  the State Registrar 
 each county registrar or recorder  to issue, without a fee,
a  certified  certificate of live birth to an applicant who
certifies, and provides sufficient corroborating evidence to
demonstrate, that he or she is a homeless person,  or a homeless
child or youth,  as defined.  The bill would require the
department to develop an affidavit attesting to the fact that a
person is homeless, and would provide that the affidavit is
sufficient corroborating evidence for purposes of obtaining the
certificate. 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  an applicant who
certifies, and provides sufficient corroborating evidence to
demonstrate, that he or she is a homeless person, as defined
  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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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)  The State Registrar   Each
county registrar or recorder  shall, without a fee, issue a 
certified  certificate of live birth to an applicant who
certifies, and provides sufficient corroborating evidence to
demonstrate, that he or she is a homeless person  or a homeless
child or youth. For the purposes of this section, the affidavit
developed pursuant to subdivision (b) shall constitute sufficient
corroborating   evidence to demonstrate that a person is
homeless  . 
   (b) The State Department of Public Health shall develop an
affidavit attesting to the fact that a person is homeless. The
affidavit shall be made available for use by a person making a
request for a certificate of live birth pursuant to this section.
 
   (b) 
    (c)  For the purposes of this  section,
"homeless   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.). 
   (c) A person may receive a lifetime maximum of two certificates of
live birth without paying a fee pursuant to this section. 

  SEC. 2.    Section 14903 is added to the Vehicle
Code, to read:
   14903.  (a) Notwithstanding Section 14902, the department shall,
without a fee, issue an identification card or a senior citizen
identification card to an applicant who certifies, and provides
sufficient corroborating evidence to demonstrate, that he or she is a
homeless person.
   (b) Notwithstanding any law, including, but not limited to,
subparagraph (A) of paragraph (2) of subdivision (b) of Section
13005, the content of the identification card shall be adjusted to
the extent necessary to accommodate the person's homeless status.
   (c) For the purposes of this section, "homeless person" has the
same meaning as set forth in the federal McKinney-Vento Homeless
Assistance Act (42 U.S.C. Sec. 11301 et seq.).
   (d) A person may receive a lifetime maximum of two identification
cards without paying a fee pursuant to this section. 
   SEC. 2.    Section 14902 of the   Vehicle
Code   is amended to read: 
   14902.  (a) Except as otherwise provided in subdivisions (b)
 and (c)   , (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 their
eligibility.  
   (d) 
    (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, but is not limited
to:  
   (A) A governmental or nonprofit agency receiving federal, state,
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) 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.