Bill Text: CA AB464 | 2023-2024 | Regular Session | Enrolled
Bill Title: Public documents: driver’s licenses and vital records.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Vetoed) 2024-01-29 - Consideration of Governor's veto stricken from file. [AB464 Detail]
Download: California-2023-AB464-Enrolled.html
|
Enrolled
September 11, 2023 |
|
Passed
IN
Senate
September 06, 2023 |
|
Passed
IN
Assembly
September 07, 2023 |
|
Amended
IN
Senate
July 13, 2023 |
|
Amended
IN
Assembly
May 18, 2023 |
|
Amended
IN
Assembly
April 05, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 464
| Introduced by Assembly Member Schiavo (Coauthors: Assembly Members Bryan, Wendy Carrillo, Friedman, Haney, Hart, McCarty, Ramos, Luz Rivas, and Wicks) (Coauthor: Senator Menjivar) |
February 06, 2023 |
An act to amend Section 103625 of the Health and Safety Code, and to amend, repeal, and add Sections 14900 and 14900.1 of the Vehicle Code, relating to public documents.
LEGISLATIVE COUNSEL'S DIGEST
AB 464, Schiavo.
Public documents: driver’s licenses and vital records.
Existing law requires the collection of specified fees for certified copies of a birth certificate, marriage record, or marriage dissolution record. Existing law imposes fees upon the application for an original class C or M driver’s license or a renewal of a driver’s license or for a license to operate a different class of vehicle, as described.
This bill would instead exempt persons who are recipients of specified assistance programs from payment of a fee for certified copies of a birth certificate, marriage record, or marriage dissolution record. The bill would, beginning July 1, 2027, also exempt a person who can verify their status as a homeless person or homeless child or youth from payment of a fee upon the application for an
original or renewal of a driver’s license. The bill would require the verification of homeless status to be subject to regulations adopted by the Department of Motor Vehicles and may be made by a homeless services provider, as defined. By establishing an exemption as to fees paid for receipt of certified copies of vital records, this bill would create a state-mandated local program. The bill would make all these provisions operative only to the extent that funding is provided by express reference for these purposes.
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 the
statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 103625 of the Health and Safety Code, as amended by Section 5 of Chapter 604 of the Statutes of 2022, is amended to read:103625.
(a) A fee of twelve dollars ($12) shall be paid by the applicant for a certified copy of a fetal death or death record.(b) (1) A fee of twelve dollars ($12) shall be paid by a public agency or licensed private adoption agency applicant for a certified copy of a birth certificate that the agency is required to obtain in the ordinary course of business. Except as provided in subdivision (n), a fee of eighteen dollars ($18) shall be paid by any other applicant for a certified copy of a birth certificate. Four dollars ($4) of any eighteen-dollar ($18) fee is exempt from subdivision (e) and shall be paid either to a county children’s trust fund or to the State Children’s Trust
Fund, in conformity with Article 5 (commencing with Section 18965) of Chapter 11 of Part 6 of Division 9 of the Welfare and Institutions Code. Two dollars ($2) of any eighteen-dollar ($18) fee is exempt from subdivision (e) and shall be paid to the Umbilical Cord Blood Collection Program Fund in conformity with Section 1628.
(2) The board of supervisors of any county that has established a county children’s trust fund may increase the fee for a certified copy of a birth certificate by up to three dollars ($3) for deposit in the county children’s trust fund in conformity with Article 5
(commencing with Section 18965) of Chapter 11 of Part 6 of Division 9 of the Welfare and Institutions Code.
(c) A fee of three dollars ($3) shall be paid by a public agency applicant for a certified copy of a marriage record, that has been filed with the county recorder or county clerk, that the agency is required to obtain in the ordinary course of business. Except as provided in subdivision (n), a fee of six dollars ($6) shall be paid by any other applicant for a certified copy of a marriage record that has been filed with the county recorder or county clerk. Three dollars ($3) of any six-dollar ($6) fee is exempt from subdivision (e) and shall be transmitted monthly by each local registrar, county recorder, and county clerk to the state for deposit into the General Fund as provided by Section 1852 of the Family Code.
(d) A fee of three dollars ($3) shall be paid by a public agency applicant for a certified copy of a marriage dissolution record obtained from the State Registrar that the agency is required to obtain in the ordinary course of business. Except as provided in subdivision (n), a fee of six dollars ($6) shall be paid by any other applicant for a certified copy of a marriage dissolution record obtained from the State Registrar.
(e) Each local registrar, county recorder, or county clerk collecting a fee pursuant to subdivisions (a) to (d), inclusive, shall do the following:
(1) Transmit 15 percent of the fee for each certified copy to the State Registrar by the 10th day of the month following the month in which the fee was
received.
(2) Retain 85 percent of the fee for each certified copy solely to support the issuing agency for all activities related to the issuance of certified copies of records pursuant to subdivisions (a) to (d), inclusive.
(f) In addition to the fees prescribed pursuant to subdivisions (a) to (d), inclusive, all applicants for certified copies of the records described in those subdivisions shall pay an additional fee of three dollars ($3), that shall be collected by the State Registrar, the local registrar, county recorder, or county clerk, as the case may be.
(g) The local public official charged with the collection of the additional fee established pursuant to subdivision (f) may create a local vital and health
statistics trust fund. The fees collected by local public officials pursuant to subdivision (f) shall be distributed as follows:
(1) Forty-five percent of the fee collected pursuant to subdivision (f) shall be transmitted to the State Registrar.
(2) The remainder of the fee collected pursuant to subdivision (f) shall be deposited into the collecting agency’s vital and health statistics trust fund, except that in any jurisdiction in which a local vital and health statistics trust fund has not been established, the entire amount of the fee collected pursuant to subdivision (f) shall be transmitted to the State Registrar.
(3) Moneys transmitted to the State Registrar pursuant to this subdivision shall be deposited in accordance
with Section 102247.
(h) Moneys in each local vital and health statistics trust fund shall be available to the local official charged with the collection of fees pursuant to subdivision (f) for the applicable jurisdiction for the purpose of defraying the administrative costs of collecting and reporting with respect to those fees and for other costs as follows:
(1) Modernization of vital record operations, including improvement, automation, and technical support of vital record systems.
(2) Improvement in the collection and analysis of health-related birth and death certificate information, and other community health data collection and analysis, as appropriate.
(i) Funds collected pursuant to subdivision (f) shall not be used to supplant funding in existence on January 1, 2002, that is necessary for the daily operation of vital record systems. It is the intent of the Legislature that funds collected pursuant to subdivision (f) be used to enhance service to the public, to improve analytical capabilities of state and local health authorities in addressing the health needs of newborn children and maternal health problems, and to analyze the health status of the general population.
(j) Each county shall annually submit a report to the State Registrar by March 1 containing information on the amount of revenues collected pursuant to subdivision (f) in the previous calendar year and on how the revenues were expended and for what purpose.
(k) Each local registrar, county recorder, or county clerk collecting the fee pursuant to subdivision (f) shall transmit 45 percent of the fee for each certified copy to which subdivision (f) applies to the State Registrar by the 10th day of the month following the month in which the fee was received.
(l) The nine-dollar ($9) increase to the base fee authorized in subdivision (a) for a certified copy of a fetal death record or death record and subdivision (b) for a certified copy of a birth certificate shall be applied incrementally as follows:
(1) A five-dollar ($5) increase applied as of January 1, 2012.
(2) An additional two-dollar ($2) increase applied as of January 1, 2013.
(3) An additional two-dollar ($2) increase applied as of January 1, 2014.
(m) In providing for the expiration of the surcharge on birth certificate fees on June 30, 1999, the Legislature intends that juvenile dependency mediation programs pursue ancillary funding sources after that date.
(n) (1) A fee shall not be paid by an applicant for a certified copy of either of the following records, if the applicant is a recipient of 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, 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, or Section 1437f of Title 42 of the United States Code:
(A) Birth certificate.
(B) Marriage record or marriage dissolution record.
(2) The State Department of Public Health, a local registrar, county recorder, or county clerk may restrict a record provided pursuant to this subdivision to no more than one copy, per applicant, per year.
(3) This subdivision shall become operative only to the extent that funding is provided, by express reference, in the annual Budget Act or another statute for the purposes of this subdivision.
(o) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
SEC. 2.
Section 103625 of the Health and Safety Code, as amended by Section 6 of Chapter 604 of the Statutes of 2022, is amended to read:103625.
(a) A fee of twelve dollars ($12) shall be paid by the applicant for a certified copy of a fetal death or death record.(b) (1) A fee of twelve dollars ($12) shall be paid by a public agency or licensed private adoption agency applicant for a certified copy of a birth certificate that the agency is required to obtain in the ordinary course of business. Except as provided in subdivision (m), a fee of sixteen dollars ($16) shall be paid by any other
applicant for a certified copy of a birth certificate. Four dollars ($4) of any sixteen-dollar ($16) fee is exempt from subdivision (e) and shall be paid either to a county children’s trust fund or to the State Children’s Trust Fund, in conformity with Article 5 (commencing with Section 18965) of Chapter 11 of Part 6 of Division 9 of the Welfare and Institutions Code.
(2) The board of supervisors of any county that has established a county children’s trust fund may increase the fee for a certified copy of a birth certificate by up to three dollars ($3) for deposit in the county children’s trust fund in conformity with Article 5 (commencing with Section 18965) of Chapter 11 of Part 6 of Division 9 of the Welfare and Institutions Code.
(c) A fee of three dollars ($3)
shall be paid by a public agency applicant for a certified copy of a marriage record, that has been filed with the county recorder or county clerk, that the agency is required to obtain in the ordinary course of business. Except as provided in subdivision (m), a fee of six dollars ($6) shall be paid by any other applicant for a certified copy of a marriage record that has been filed with the county recorder or county clerk. Three dollars ($3) of any six-dollar ($6) fee is exempt from subdivision (e) and shall be transmitted monthly by each local registrar, county recorder, and county clerk to the state for deposit into the General Fund as provided by Section 1852 of the Family Code.
(d) A fee of three dollars ($3) shall be paid by a public agency applicant for a certified copy of a marriage dissolution record obtained from the State Registrar
that the agency is required to obtain in the ordinary course of business. Except as provided in subdivision (m), a fee of six dollars ($6) shall be paid by any other applicant for a certified copy of a marriage dissolution record obtained from the State Registrar.
(e) Each local registrar, county recorder, or county clerk collecting a fee pursuant to subdivisions (a) to (d), inclusive, shall do the following:
(1) Transmit 15 percent of the fee for each certified copy to the State Registrar by the 10th day of the month following the month in which the fee was received.
(2) Retain 85 percent of the fee for each certified copy solely to support the issuing agency for all activities related to the issuance of certified
copies of records pursuant to subdivisions (a) to (d), inclusive.
(f) In addition to the fees prescribed pursuant to subdivisions (a) to (d), inclusive, all applicants for certified copies of the records described in those subdivisions shall pay an additional fee of three dollars ($3), that shall be collected by the State Registrar, the local registrar, county recorder, or county clerk, as the case may be.
(g) The local public official charged with the collection of the additional fee established pursuant to subdivision (f) may create a local vital and health statistics trust fund. The fees collected by local public officials pursuant to subdivision (f) shall be distributed as follows:
(1) Forty-five percent of the fee
collected pursuant to subdivision (f) shall be transmitted to the State Registrar.
(2) The remainder of the fee collected pursuant to subdivision (f) shall be deposited into the collecting agency’s vital and health statistics trust fund, except that in any jurisdiction in which a local vital and health statistics trust fund has not been established, the entire amount of the fee collected pursuant to subdivision (f) shall be transmitted to the State Registrar.
(3) Moneys transmitted to the State Registrar pursuant to this subdivision shall be deposited in accordance with Section 102247.
(h) Moneys in each local vital and health statistics trust fund shall be available to the local official charged with the collection of
fees pursuant to subdivision (f) for the applicable jurisdiction for the purpose of defraying the administrative costs of collecting and reporting with respect to those fees and for other costs as follows:
(1) Modernization of vital record operations, including
improvement, automation, and technical support of vital record systems.
(2) Improvement in the collection and analysis of health-related birth and death certificate information, and other community health data collection and analysis, as appropriate.
(i) Funds collected pursuant to subdivision (f) shall not be used to supplant funding in existence on January 1, 2002, that is necessary for the daily operation of vital record systems. It is the intent of the Legislature that funds collected pursuant to subdivision (f) be used to enhance service to the public, to improve analytical capabilities of state and local health authorities in addressing the health needs of newborn children and maternal health problems, and to analyze the health status of the general population.
(j) Each county shall annually submit a report to the State Registrar by March 1 containing information on the amount of revenues collected pursuant to subdivision (f) in the previous calendar year and on how the revenues were expended and for what purpose.
(k) Each local registrar, county recorder, or county clerk collecting the fee pursuant to subdivision (f) shall transmit 45 percent of the fee for each certified copy to which subdivision (f) applies to the State Registrar by the 10th day of the month following the month in which the fee was received.
(l) In providing for the expiration of the surcharge on birth certificate fees on June 30, 1999, the Legislature intends that juvenile dependency mediation programs
pursue ancillary funding sources after that date.
(m) (1) A fee shall not be paid by an applicant for a certified copy of either of the following records, if the applicant is a recipient of 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, 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, or Section 1437f of Title 42 of the United States Code:
(A) Birth certificate.
(B) Marriage record or marriage
dissolution record.
(2) The State Department of Public Health, a local registrar, county recorder, or county clerk may restrict a record provided pursuant to this subdivision to no more than one copy, per applicant, per year.
(3) This subdivision shall become operative only to the extent that funding is provided, by express reference, in the annual Budget Act or another statute for the purposes of this subdivision.
(n) This section shall become operative on January 1, 2027.
SEC. 3.
Section 14900 of the Vehicle Code is amended to read:14900.
(a) Upon application for an original class C or M driver’s license, a fee of twenty-four dollars ($24), and on and after January 1, 2010, a fee of thirty dollars ($30), shall be paid to the department for a license that will expire on the fifth birthday of the applicant following the date of the application. The payment of the fee entitles the person paying the fee to apply for a driver’s license and to take three examinations within a period of 12 months from the date of the application or during the period that an instruction permit is valid, as provided in Section 12509.(b) In addition to the application fee specified in subdivision (a),
a person who fails to successfully complete the driving skill test on the first attempt shall be required to pay an additional fee of five dollars ($5) for each additional driving skill test administered under that application.
(c) This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.
SEC. 4.
Section 14900 is added to the Vehicle Code, to read:14900.
(a) Except as provided in subdivision (c), upon application for an original class C or M driver’s license, a fee of twenty-four dollars ($24), and on and after January 1, 2010, a fee of thirty dollars ($30), shall be paid to the department for a license that will expire on the fifth birthday of the applicant following the date of the application. The payment of the fee entitles the person paying the fee to apply for a driver’s license and to take three examinations within a period of 12 months from the date of the application or during the period that an instruction permit is valid, as provided in Section 12509.(b) In addition to the application fee specified in
subdivision (a), a person who fails to successfully complete the driving skill
test on the first attempt shall be required to pay an additional fee of five dollars ($5) for each additional driving skill test administered under that application.
(c) (1) A fee shall not be charged upon application for an original class C or M driver’s license if the applicant can verify their 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 renewal
of a driver’s license under this subdivision shall not be charged a fee for verification of their eligibility.
(2) For purposes of this section, the following definitions apply:
(A) 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.).
(B) 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.).
(C) A “homeless services provider” includes all of the following:
(i) 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.
(ii) An attorney licensed to practice law in this state.
(iii) 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.
(iv) A human services provider or public social services provider funded by the State of California to provide homeless children or youth health services, mental or behavioral health services, substance use disorder services, or public assistance or employment services.
(v) A law
enforcement officer designated as a liaison to the homeless population by a local police department or sheriff’s department within the state.
(vi) Any other homeless services provider that is qualified to verify an individual’s housing status, as determined by the department.
(3) This subdivision shall become operative only to the extent that funding is provided, by express reference, in the annual Budget Act or another statute for the purposes of this subdivision.
(d) This section shall become operative on July 1, 2027.
SEC. 5.
Section 14900.1 of the Vehicle Code is amended to read:14900.1.
(a) Except as provided in Section 15255.1, upon application for the renewal of a driver’s license or for a license to operate a different class of vehicle, a fee of twenty-four dollars ($24), and on and after January 1, 2010, a fee of thirty dollars ($30), shall be paid to the department for a license that will expire on the fifth birthday of the applicant following the date of the application. The payment of the fee entitles the person paying the fee to apply for a driver’s license and to take three examinations within a period of 12 months from the date of the application or during the period that an instruction permit is valid, as provided in Section 12509.(b) In addition to
the application fee specified in subdivision (a), a person who fails to successfully complete the driving skill test on the first attempt shall be required to pay an additional fee of five dollars ($5) for each additional driving skill test administered under that application.
(c) This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.
SEC. 6.
Section 14900.1 is added to the Vehicle Code, to read:14900.1.
(a) Except as provided in subdivision (c) and Section 15255.1, upon application for the renewal of a driver’s license or for a license to operate a different class of vehicle, a fee of twenty-four dollars ($24), and on and after January 1, 2010, a fee of thirty dollars ($30), shall be paid to the department for a license that will expire on the fifth birthday of the applicant following the date of the application. The payment of the fee entitles the person paying the fee to apply for a driver’s license and to take three examinations within a period of 12 months from the date of the application or during the period that an instruction permit is valid, as provided in Section 12509.(b) In addition to the application fee specified in subdivision (a), a person who fails to successfully complete the driving skill test on the first attempt shall be required to pay an additional fee of five dollars ($5) for each additional driving skill test administered under that application.
(c) (1) A fee shall not be charged for a renewal of a driver’s license or for a license to operate a different class of vehicle if the applicant can verify their status as a homeless person or a 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 renewal of a driver’s license under this subdivision shall not be charged a fee for verification of their eligibility.
(2) For purposes of this section, the following definitions apply:
(A) 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.).
(B) 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.).
(C) A “homeless services provider” includes all of the following:
(i) 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.
(ii) An attorney licensed to practice law in this state.
(iii) 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.
(iv) A human services provider or public social services provider funded by the State of California to provide homeless children or youth health services, mental or behavioral health services, substance use disorder
services, or public assistance or employment services.
(v) A law enforcement officer designated as a liaison to the homeless population by a local police department or sheriff’s department within the state.
(vi) Any other homeless services provider that is qualified to verify an individual’s housing status, as determined by the department.
(3) This subdivision shall become operative only to the extent that funding is provided, by express reference, in the annual Budget Act or another statute for the purposes of this subdivision.
(d) This section shall become operative on July 1,
2027.
