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AB-2490 Vital records: homeless persons.(2017-2018)

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Date Published: 09/19/2018 09:00 PM
AB2490:v94#DOCUMENT

Assembly Bill No. 2490
CHAPTER 541

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

[ Approved by Governor  September 19, 2018. Filed with Secretary of State  September 19, 2018. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2490, Chiu. Vital records: homeless persons.
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, upon request and payment of the required fee, to 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 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. Existing law requires a homeless services provider, as described, to verify the person’s status as homeless for purposes of these provisions.
This bill would further require the State Registrar to issue, without a fee, up to 3 copies a year of a certified record of live birth to a person who can verify his or her status as a homeless person or a homeless child or youth under the provisions described above, and would authorize the State Registrar to provide additional copies at his or her discretion.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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) The local registrar, county recorder, or the State Registrar, shall, without an issuance fee or any other associated fee, issue a certified record of live birth to a 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 a 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. 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) The State Registrar shall provide up to three copies per year of a certified record to a requester pursuant to this section, and may provide additional copies at his or her discretion.
(e) 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, 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.