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 persons 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.

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 persons 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.

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 service provider, as described, to verify the persons 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. above, and would authorize the State Registrar to provide additional copies at his or her discretion.

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, 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 service provider, as described, to verify the persons 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 any a person who can verify his or her status as a homeless person or a homeless child or youth under the provisions described above.

Existing law establishes the California Discount Prescription Drug Program, which is administered by the State Department of Health Care Services. Existing law requires the program to be implemented only if, and to the extent that, a Budget Act or other statute that is enacted on or before February 1, 2015, includes or makes an appropriation to implement the program. Existing law makes the programs provisions inoperative on January 1, 2016, if no funding is provided for those purposes.

This bill would make a technical, nonsubstantive change to that provision.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2490

Author:(Chiu)

As Amended Ver:June 7, 2018

Majority vote

Original Committee Reference: HEALTH

SUMMARY: Expands existing law by requiring the State Registrar, in addition to the local registrar and county recorder, to issue a certified record of live birth without a fee to any person who can verify his or her status as a homeless person or a homeless child or youth.

The Senate amendments require the State Registrar to provide up to three copies per year of a certified record without a fee to any person who can verify his or her status as a homeless child or youth.

FISCAL EFFECT: According to Senate Appropriations Committee the potential fiscal impact according to Department of Public Health (DPH) would be as follows:

1. Potential loss revenue to three special funds, totaling $12,186 (special fund) annually.

1. First-year information technology costs (modification, new application design, and printing) for $25,500 (Health Statistics Special Fund).
2. Annual ongoing costs for one Associate Governmental Program analyst for $117,194 (Health Statistics Special Fund).

DPH notes that because this bill does not provide funding for the implementation and processing costs associated with the issuance of no-fee birth certificates. Lost revenue from the waiver of the birth certificate fee for homeless individuals depends upon the number of individuals who seek to obtain a birth certificate from the State Registrar under this provision. Since the State Registrar is directly supported by the statutorily mandated certified copy fees, the proposed fee waiver would likely decrease revenue received from certificate requests.

COMMENTS: According to the author, homeless individuals accessing services is difficult and it is even more difficult without proper documentation of identity. The author notes the required documents to establish identity pose significant challenges for homeless individuals, especially homeless youth. The author concludes, reducing the barriers and providing more access to identification documents, such as a birth certificate, is critical in helping homeless youth access the same opportunities as their peers.

According to the United States Department of Housing and Urban Development in 2017, California accounted for nearly half of all unsheltered people in the country, roughly 91,642 individuals. There are approximately 134,278 homeless individuals in California that lack a fixed, regular, and adequate nighttime residence. According to Equality California (EQCA), LGBTQ youth make up 15-25% of homeless youth. Homeless individuals also experience limited access to food, shelter, health care, and employment. In order to access certain federal and state services and programs homeless individuals need access to state issued certification, such as a birth certificate. While the McKinney-Vento Act ensures homeless students can enroll in public school without a birth certificate or identification card, education programs such as a General Equivalency Diploma, vocational education, internship, and higher education often require such documents prior to enrollment. An individual with the proper identification may request in-person, or through the mail, a certified birth certificate from their local registrar or local county recorder. AB 1733 (Quirk-Silva), Chapter 764, Statues 2014, requires all local registrars and county recorders to issue, without a fee, a birth certificate to any homeless individuals, who has the necessary paperwork including an affidavit signed by an agent for a homeless service provider, and application for the certified document. According to the County Recorders Association of California, in 2017 Los Angeles County issued roughly 4,300 birth certificates to homeless individuals. Local registrars and county recorders only issue birth certificates for individuals born in their respective jurisdiction. If an individual is unaware of which county they were born in the only option for receiving a birth certificate is to request a birth certificate from the State Registrar. Currently, there is no process in place that allows homeless individuals to access their birth certificate, without a fee, from the State Registrar. The State Registrar requires a notarized sworn statement, if applicable, completed application and a $25 fee per copy requested.

EQCA, the sponsor of this bill, writes in support that many people experiencing homelessness live in counties that are not the county of their birth, and some may be unsure of their county of birth. LGBTQ young people experiencing homelessness in particular often travel to major California cities like San Francisco and Los Angeles, which could be a long distance from their county of birth. EQCA argues that for some of these individuals, communicating with or even locating their county of birth to request a birth certificate is a significant hurdle. EQCA states this bill will eliminate required fees for a person experiencing homelessness to obtain a certified birth certificate directly from the state. EQCA concludes that minimizing the number of barriers to accessing identification documents, such as birth certificates, is critical in helping young people experiencing homelessness to pursue the same opportunities as their peers.

There is no known opposition to this bill.

Analysis Prepared by: Monica Montano / HEALTH / (916) 319-2097 FN: 0004266

 THIRD READING  

Bill No: AB 2490

Author: Chiu (D)

Amended: 6/7/18 in Senate

Vote: 21

SENATE HEALTH COMMITTEE: 8-0, 6/6/18

AYES: Hernandez, Nguyen, Leyva, Mitchell, Monning, Nielsen, Pan, Roth

NO VOTE RECORDED: Newman

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/16/18

AYES: Portantino, Bates, Beall, Bradford, Hill, Nielsen, Wiener

ASSEMBLY FLOOR: 74-0, 4/26/18 (Consent) - See last page for vote

SUBJECT: Vital records: homeless persons

SOURCE: Equality California

DIGEST:

This bill requires the State Registrar to issue a certified record of live birth without a fee to any person who can verify that he or she is homeless, as specified.

ANALYSIS:

Existing law:

1. Establishes the Department of Public Health (DPH) and sets forth its powers and duties, including, but not limited to, the duties as State Registrar relating to vital records and health statistics. (HSC §102100, et seq.)
2. Requires the State Registrar, local registrar, or county recorder to, upon request and payment of a fee, to supply an applicant with a certified copy of the record of a birth, fetal death, death, marriage, or marriage dissolution registered with the official. [HSC §103525]
3. Requires local registrars and county recorders to issue a certified record of live birth without a fee to any person who can verify his or her status as a homeless person. Requires a homeless services provider that has knowledge of a person’s housing status to verify that status for the purposes of applying for a certified record of live birth. Requires a request for a certified record of live birth to be made by a homeless person 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 homeless. Prohibits a homeless person applying for a certified record of live birth from being charged a fee for verification of his or her eligibility. [HSC §103577]
4. Entitles a person applying for a certified record of live birth to one birth record, per application, for each eligible person verified as a homeless person. [HSC §103577]
5. Requires DPH to develop an affidavit attesting to an applicant’s status as a homeless person, as specified. [HSC §103577]

This bill:

1. Requires the State Registrar to issue up to three copies each year of a certified record of live birth without a fee to any person who can verify his or her status as a homeless person, as specified.
2. Permits the State Registrar to provide additional copies at his or her discretion.

Comments

1. Author’s statement. According to the author, for homeless individuals, accessing services is difficult, and it is even more difficult without proper documentation of identity. The required documents to establish identity pose significant challenges for homeless individuals, especially homeless youth. Reducing the barriers and providing more access to identification documents, such as a birth certificate, is critical in helping homeless youth access the same opportunities as their peers.
2. The State Registrar. DPH’s Vital Records Registration Branch (VRRB) is charged with maintaining a uniform, comprehensive, and continuous index for all birth, death, fetal death, and marriage vital events which occur in California, of which are over one million each year. With regard to dissolution records, DPH maintains an index of only case numbers from 1962 to 1984. County superior courts maintain and issue the actual divorce decrees for all years. Certified copies of vital records are available from DPH, 58 county recorders, and 61 local health jurisdictions. DPH maintains, and can provide, birth and death records from 1905 to the present. For marriage records, DPH maintains and can provide those from 1946 to the present, with some years excluded. At the local level, birth and death records for current-year events and one year prior are available from the county health department; records for all years are maintained by the county recorder. According to DPH, individuals seeking certified copies of their vital records can make a request by mail or online, but the only means by which DPH delivers records is by mail. Approximately 6% of statewide birth certificate requests are fulfilled by the State Registrar.
3. Fee-exempt birth certificates for homeless persons. AB 1733 (Quirk-Silva, Chapter 764, Statutes of 2014) required local registrars or county recorders to issue a birth record without fee to eligible homeless persons. Eligible persons must present an affidavit signed by an agent for a homeless services provider to receive a fee-exempt copy. According to a May 2015 All County Letter (ACL) issued by DPH, completed affidavits should be taken at face value and processed the same as sworn statements when applicants sign under penalty of perjury. County vital records offices are not responsible for verifying if a homeless services provider is legitimate. A fee-exempt copy of a birth record may be obtained from the local registrar or county recorder office in the county where the registrant was born, however a fee-exempt copy cannot be obtained from the State Registrar. According to the ACL, each eligible person may only receive one fee-exempt birth record, per application and requests for fee-exempt copies are still subject to other requirements outlined in the application for obtaining copies of birth records. This bill adds the State Registrar to the above requirements.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

1. Potential loss revenue to three special funds, totaling $12,186 (special fund) annually.

1. First-year IT costs (modification, new application design, and printing) for $25,500 (Health Statistics Special Fund); and,
2. Annual ongoing costs for one Associate Governmental Program analyst for $117,194 (Health Statistics Special Fund).

DPH notes that because AB 2490 does not provide funding for the implementation and processing costs associated with the issuance of no-fee birth certificates. Lost revenue from the waiver of the birth certificate fee for homeless individuals depends upon the number of individuals who seek to obtain a birth certificate from the State Registrar under this provision. Since the State Registrar is directly supported by the statutorily mandated certified copy fees, the proposed fee waiver would likely decrease revenue received from certificate requests.

SUPPORT: (Verified 8/15/18)

Equality California (source)

American Academy of Pediatrics, California

California Coalition for Youth

CaliforniaHealth+ Advocates

City of Palm Springs

Housing California

Larkin Street Youth Services

National Association of Social Workers, California Chapter

OPPOSITION: (Verified 8/15/18)

None received

ASSEMBLY FLOOR: 74-0, 4/26/18

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Travis Allen, Fong, Cristina Garcia, Rodriguez

Prepared by:

8/18/18 13:14:50

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 2490 (Chiu) - Vital records: homeless persons

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

Assembly Bill 2490 requires the State Registrar (SR) to issue a certified record of live birth without a fee to any person who can verify his or her status as a homeless person, as specified. The bill prohibits the State Registrar from providing more than three copies per year of a certified record to a requester pursuant to this bill.

Fiscal Impact:

According to the Department of Public Health, the potential fiscal impact would be as follows:

• Potential loss revenue to three special funds, totaling $12,186 (special fund) annually.

• First-year IT costs (modification, new application design, and printing) for $25,500 (Health Statistics Special Fund); and,
• Annual ongoing costs for one Associate Governmental Program analyst for $117,194 (Health Statistics Special Fund.

CDPH notes that because AB 2490 does not provide funding for the implementation and processing costs associated with the issuance of no-fee birth certificates. Lost revenue from the waiver of the birth certificate fee for homeless individuals depends upon the number of individuals who seek to obtain a birth certificate from the State Registrar under this provision. Since the State Registrar is directly supported by the statutorily mandated certified copy fees, the proposed fee waiver would likely decrease revenue received from certificate requests.

For additional detail, please see staff comments, below.

Background:

CDPH’s Vital Records Registration Branch (VRRB) is charged with maintaining a uniform, comprehensive, and continuous index for all birth, death, fetal death, and marriage vital events which occur in California, of which are over one million each year. At the local level, birth and death records for current-year events and one year prior are available from the county health department; records for all years are maintained by the county recorder. According to DPH, individuals seeking certified copies of their vital records can make a request by mail or online, but the only means by which DPH delivers records is by mail. Approximately 6percent of statewide birth certificate requests are fulfilled by the SR.

AB 1733 (Quirk-Silva, Chapter 764, Statutes of 2014) requires local registrars or county recorders to issue a birth record without fee to eligible homeless persons. Eligible persons must present an affidavit signed by an agent for a homeless services provider to receive a fee-exempt copy. According to a May 2015 All County Letter (ACL) issued by CDPH, completed affidavits should be taken at face value and processed the same as sworn statements when applicants sign under penalty of perjury. County vital records offices are not responsible for verifying if a homeless services provider is legitimate. A fee-exempt copy of a birth record may be obtained from the local registrar or county recorder office in the county where the registrant was born, however a fee-exempt copy cannot be obtained from the State Registrar. According to the ACL, each eligible person may only receive one fee-exempt birth record, per application and requests for fee-exempt copies are still subject to other requirements outlined in the application for obtaining copies of birth records. This bill adds the State Registrar to the above requirements.

Proposed Law:

The bill adds State Registrar to the list of entities, including local registrar of county records, to issue a certified record of live birth, without any issuance fee or any other associated fee, to any person who can verify their status as homeless. In addition, the bill requires the State Registrar up to three copies per year of a certified record to a requester, and may provide additional copies at their discretion.

Staff Comments:

According to the Department of Public Health, with the passage of AB 1733, local registrars and county recorders began issuing free copies of birth certificates to homeless applicants, beginning July 1, 2015. In 2017, local county offices reported issuing a total of 8,544 free birth certificates to homeless applicants. CDPH processes approximately 6percent of all California vital records requests. The current fee for a certified copy of a birth certificate issued by CDPH $25.00. This $25.00 fee includes mandated allocations to both the Department of Social Services’ Children’s Trust Fund (14.4 percent) and the University of California’s Umbilical Cord Blood Collection Program (8 percent). 

Based on this estimate, the approximate number of potential incoming requests from homeless applicants is 6 percent of 8,544. CDPH would lose approximately $9,945 in revenue to the Health Statistics Special Fund. The Children’s Trust Fund would lose approximately $1,845 and the Umbilical Cord Blood Collection Program would lose approximately $1,025. Additional revenue losses would be directly related to changes in the homeless population in future years as well as the percent of homeless individuals who might request a birth certificate.

CDPH may issue birth certificates for individuals born anywhere in California, thus some homeless assistance entities may send bulk requests directly to the Department, instead of sending individual requests to each county. This method is easier for homeless assistance entities, as counties may only issue birth certificates for individuals born in the respective counties. CDPH estimates a potential increase in the number of incoming requests for free copies of up to 12 percent of total requests, i.e., 1,025 additional requests annually. This results in an estimated cost of up to $25,632 in total lost revenue. The SR estimates one additional Associate Governmental Program Analyst (AGPA) will be necessary to coordinate the bill’s requirements including tracking the number of applications received per individual. The AGPA would be responsible for processing the requests and verifying the affidavits that accompany the requests.  Additionally, the AGPA would be responsible for corresponding and coordinating with homeless providers to address potential issues, ensure the timely completion of requests, and ensure the best possible outcomes for the homeless individuals.

In addition, CDPH estimates an initial cost of $25,500 for implementation of AB 2490. This includes $25,250 for staff time to modify Center Request Tracking System (CRTS) II, CDPH’s in-house, customized, electronic tracking and fee allocation system. The modification includes tracking the number of fee-exempt applications for birth certificates from homeless persons per year. The one-time cost also includes $250 for the creation of a new birth certificate application form and the associated cost to print an initial run of 10,000 forms.

-- END --

SENATE COMMITTEE ON HEALTH

Senator Ed Hernandez, O.D., Chair

BILL NO: AB 2490

SUBJECT: Vital records: homeless persons

SUMMARY:

Requires the State Registrar to issue a certified record of live birth without a fee to any person who can verify that he or she is homeless, as specified.

Existing law:

1. Establishes the Department of Public Health (DPH) and sets forth its powers and duties, including, but not limited to, the duties as State Registrar relating to vital records and health statistics. (HSC §102100, et seq.)
2. Requires the State Registrar, local registrar, or county recorder to, upon request and payment of a fee, to supply an applicant with a certified copy of the record of a birth, fetal death, death, marriage, or marriage dissolution registered with the official. [HSC §103525]
3. Requires local registrars and county recorders to issue a certified record of live birth without a fee to any person who can verify his or her status as a homeless person. Requires a homeless services provider that has knowledge of a person’s housing status to verify that status for the purposes of applying for a certified record of live birth. Requires a request for a certified record of live birth to be made by a homeless person 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 homeless. Prohibits a homeless person applying for a certified record of live birth from being charged a fee for verification of his or her eligibility. [HSC §103577]
4. Entitles a person applying for a certified record of live birth to one birth record, per application, for each eligible person verified as a homeless person. [HSC §103577]
5. Requires DPH to develop an affidavit attesting to an applicant’s status as a homeless person, as specified. [HSC §103577]

This bill: Requires the State Registrar to issue a certified record of live birth without a fee to any person who can verify his or her status as a homeless person, as specified. Prohibits the State Registrar from providing more than three copies per year of a certified record to a requester pursuant to this bill.

FISCAL EFFECT:

According to the Assembly Appropriations Committee, minor potential revenue losses, likely under $100,000, to DPH because of the waiver of a $25 fee that would normally be charged (Health Statistics Special Fund).

PRIOR VOTES:

COMMENTS:

1. Author’s statement. According to the author, for homeless individuals, accessing services is difficult, and it is even more difficult without proper documentation of identity. The required documents to establish identity pose significant challenges for homeless individuals, especially homeless youth. Reducing the barriers and providing more access to identification documents, such as a birth certificate, is critical in helping homeless youth access the same opportunities as their peers.
2. The State Registrar. DPH’s Vital Records Registration Branch (VRRB) is charged with maintaining a uniform, comprehensive, and continuous index for all birth, death, fetal death, and marriage vital events which occur in California, of which are over one million each year. With regard to dissolution records, DPH maintains an index of only case numbers from 1962 to 1984. County superior courts maintain and issue the actual divorce decrees for all years. Certified copies of vital records are available from DPH, 58 county recorders, and 61 local health jurisdictions. DPH maintains, and can provide, birth and death records from 1905 to the present. For marriage records, DPH maintains and can provide those from 1946 to the present, with some years excluded. At the local level, birth and death records for current-year events and one year prior are available from the county health department; records for all years are maintained by the county recorder. According to DPH, individuals seeking certified copies of their vital records can make a request by mail or online, but the only means by which DPH delivers records is by mail. Approximately 6% of statewide birth certificate requests are fulfilled by the State Registrar.
3. Fee-exempt birth certificates for homeless persons. AB 1733 (Quirk-Silva, Chapter 764, Statutes of 2014) requires local registrars or county recorders to issue a birth record without fee to eligible homeless persons. Eligible persons must present an affidavit signed by an agent for a homeless services provider to receive a fee-exempt copy. According to a May 2015 All County Letter (ACL) issued by DPH, completed affidavits should be taken at face value and processed the same as sworn statements when applicants sign under penalty of perjury. County vital records offices are not responsible for verifying if a homeless services provider is legitimate. A fee-exempt copy of a birth record may be obtained from the local registrar or county recorder office in the county where the registrant was born, however a fee-exempt copy cannot be obtained from the State Registrar. According to the ACL, each eligible person may only receive one fee-exempt birth record, per application and requests for fee-exempt copies are still subject to other requirements outlined in the application for obtaining copies of birth records. This bill adds the State Registrar to the above requirements.
4. Homeless service providers. For the purposes of AB 1733, a “homeless services provider” includes:
   1. 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;
   2. An attorney licensed to practice law in this state;
   3. A local educational agency liaison for homeless children and youth designated as such pursuant to federal law, or a school social worker;
   4. 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; and,
   5. A law enforcement officer designated as a liaison to the homeless population by a local police department or sheriff’s department within the state.
5. Prior legislation. AB 1733 prohibits, in addition to the requirements outlined above, a fee from being charged for an original or replacement identification card issued by the Department of Motor Vehicles to any person who can verify his/her status as a homeless person or homeless child or youth.
6. Support. Equality California, the sponsor of this bill, states that LGBTQ young people experiencing homelessness in particular often travel to major California cities like San Francisco and Los Angeles to find acceptance, which could be a long distance from their county of birth. For some of these individuals, communicating with or even locating their county of birth to request a birth certificate is a significant hurdle. The California Coalition for Youth contends that without birth certificates or accurate identification, homeless youth and young adults slip through the cracks and are unable to access the public benefits available to them. Housing California and Larkin Street Youth Services writes that this bill eliminates required fees for a person experiencing homelessness to obtain a certified birth certificate directly from the state, and reducing the barriers to accessing identification documents, such as birth certificates, is critical to help young people experiencing homelessness pursue the same opportunities as their peers. California Health+ Advocates writes that the removal of this administrative barrier will allow a homeless individual to apply for life-altering social services where a birth certificate is required.
7. Amendment. Committee staff suggests the following technical amendment, on page 3, line 7:

The State Registrar shall not be required to provide more than three copies per year of a certified record to a requester pursuant to this section.

SUPPORT AND OPPOSITION:

Support: Equality California (sponsor)

American Academy of Pediatrics, California

California Coalition for Youth

CaliforniaHealth+ Advocates

Housing California

Larkin Street Youth Services

National Association of Social Workers, California Chapter

Oppose: None received

-- END --

Date of Hearing: April 18, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2490

Author:(Chiu) – As Amended Ver:March 15, 2018

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the State Registrar to issue a certified record of live birth without a fee to any person who can verify his or her status as a homeless person or a homeless child or youth.

FISCAL EFFECT:

Minor potential revenue losses, likely under $100,000, to the California Department of Public Health (CDPH) because at the waiver of a $25 fee that would normally be charged (Health Statistics Special Fund).

COMMENTS:

1. Purpose. Many public assistance programs require a birth certificate to document a person's identity. AB 1733 (Quirk-Silva), Chapter 764, Statues 2014, required local registrars and county recorders to issue birth certificates to persons who are homeless in order to assist individuals to obtain services. This bill expands the requirement to the State Registrar.
2. Background. Local registrars create and issue birth and death certificates based on those events, while county recorders maintain records and issue certified copies. The State Registrar maintains the original documents and may also issue certified copies. Because records are available more quickly from the county that holds the record, most people request records from the county, not the state. A homeless individual who does not reside in his or her county of birth, however, would likely need to request the certificate from the state. This bill would allow such an individual to do so with no fee.

Analysis Prepared by: Lisa Murawski / APPR. / (916) 319-2081

Date of Hearing: April 10, 2018

ASSEMBLY COMMITTEE ON HEALTH

Jim Wood, Chair

ABPCA Bill Id:AB 2490

Author:(Chiu) – As Amended Ver:March 15, 2018

SUBJECT: Vital records: homeless persons.

SUMMARY: Expands existing law by requiring the State Registrar, in addition to the local registrar and county recorder, to issue a certified record of live birth without a fee to any person who can verify his or her status as a homeless person or a homeless child or youth.

EXISTING LAW:

1. Charges the Office of Vital Records, within the Department of Public Health (DPH), with the responsibility of maintaining a uniform system for registration and a permanent central registry with a comprehensive and continuous index for all birth, death, fetal death, marriage, and dissolution certificates registered for vital events which occur in California.
2. Allows the State Registrar, local registrar, or county recorder to furnish a certified copy of birth, death, or marriage records to applicants upon request if:
   1. The request is written or faxed and accompanied by a notarized statement, sworn under penalty of perjury, that the requester is an “authorized person;” or,
   2. The request is made in person, and the official takes a statement, sworn under penalty of perjury, that the requester is signing his or her own legal name and is an “authorized person.”
3. Defines "homeless person," and "homeless child or youth" as referenced by the federal McKinney-Vento Homeless Assistance Act, in part as:
   1. An individual or family who lacks a fixed, regular, and adequate nighttime residence; an individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground; or,
   2. An individual or family living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements (including hotels and motels paid for by Federal, State, or local government programs for low-income individuals or by charitable organizations, congregate shelters, and transitional housing).
4. Requires DPH to develop an affidavit attesting to an applicant’s status as a homeless person or homeless child or youth.
5. Requires the Department of Motor Vehicles (DMV) to issue, without a fee, an identification card to a person who can verify his or her status as a homeless person or homeless child or youth.

FISCAL EFFECT: This bill has not yet been analyzed by a fiscal committee.

COMMENTS:

1. PURPOSE OF THIS BILL. According to the author, homeless individuals accessing services is difficult and it is even more difficult without proper documentation of identity. The author notes the required documents to establish identity pose significant challenges for homeless individuals, especially homeless youth. The author concludes, reducing the barriers and providing more access to identification documents, such as a birth certificate, is critical in helping homeless youth access the same opportunities as their peers.
2. BACKGROUND. According to the U.S. Department of Housing and Urban Development in 2017, California accounted for nearly half of all unsheltered people in the country, roughly 91,642 individuals. There are approximately 134,278 homeless individuals in California that lack a fixed, regular, and adequate nighttime residence. According to Equality California (EQCA), LGBTQ youth make up 15-25% of homeless youth. Homeless individuals also experience limited access to food, shelter, health care, and employment. In order to access certain federal and state services and programs homeless individuals need access to state issued certification, such as a birth certificate. While the McKinney-Vento Act ensures homeless students can enroll in public school without a birth certificate or identification card, education programs such as a General Equivalency Diploma (or GED), vocational education, internship, and higher education often require such documents prior to enrollment. An individual with the proper identification may request in-person, or through the mail, a certified birth certificate from their local registrar or local county recorder. AB 1733 (Quirk-Silva), Chapter 764, Statues 2014, requires all local registrars and county recorders to issue, without a fee, a birth certificate to any homeless individuals, who has the necessary paperwork including an affidavit signed by an agent for a homeless service provider, and application for the certified document. According to the County Recorders Association of California, in 2017 Los Angeles County issued roughly 4,300 birth certificates to homeless individuals. Local registrars and county recorders only issue birth certificates for individuals born in their respective jurisdiction. If an individual is unaware of which county they were born in the only option for receiving a birth certificate is to request a birth certificate from the State Registrar. Currently, there is no process in place that allows homeless individuals to access their birth certificate, without a fee, from the State Registrar. The State Registrar requires a notarized sworn statement, if applicable, completed application, and a $25 fee per copy requested.
3. SUPPORT. EQCA states many people experiencing homelessness live in counties that are not the county of their birth, and some may be unsure of their county of birth. LGBTQ young people experiencing homelessness in particular often travel to major California cities like San Francisco and Los Angeles, which could be a long distance from their county of birth. EQCA argues that for some of these individuals, communicating with or even locating their county of birth to request a birth certificate is a significant hurdle. EQCA states this bill will eliminate required fees for a person experiencing homelessness to obtain a certified birth certificate directly from the state. EQCA concludes that minimizing the number of barriers to accessing identification documents, such as birth certificates, is critical in helping young people experiencing homelessness to pursue the same opportunities as their peers.
4. RELATED LEGISLATION. AB 2561 (Flora) would delete and recast existing law and instead require each local registrar to transmit a copy of each original birth certificate and death certificate to the county recorder for the special county record, and at the same time, forward the original certificate to the State Registrar. AB 2561 passed the Assembly Health Committee with a vote of 15-0 on April 3, 2018 and is currently pending in the Assembly Appropriations Committee.
5. PREVIOUS LEGISLATION.
   1. SB 179 (Atkins), Chapter 853, Statutes of 2017, requires the State Registrar to issue a new birth certificate if an individual submits application to change gender status or to nonbinary status.
   2. AB 2636 (Linder), Chapter 527, Statutes of 2016, authorizes until January 1, 2021, if a request for a certified copy of a birth, death, or marriage record is made electronically, a state or local official to accept electronic acknowledgement verifying the identity of the applicant using a multilayered remote identity proofing process.
   3. AB 1733 requires each local registrar or county recorder, without a fee, to 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 and requires the DMV to issue, without a fee, an identification card to any individual who can verify their status as a homeless individual.
   4. AB 464 (Daly), Chapter 78, Statutes of 2013, allows digitized images, as defined, to be included as part of a request for a certified copy of a birth, death, or marriage record.

REGISTERED SUPPORT / OPPOSITION:

Support

Equality California (sponsor)

CaliforniaHealth+ Advocates

California Coalition for Youth

Housing California

Opposition

None on file.

Analysis Prepared by: Monica Montano / HEALTH / (916) 319-2097