California Assembly Bill AB1733 Amended / Bill

 BILL NUMBER: AB 1733AMENDED 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.