HB2160 H JUD AM #1
Casto 3264
The Committee on the Judiciary moved to amend the bill on page 1, after the enacting section, by striking the remainder of the bill in its entirety and inserting in lieu thereof the following:
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 5. VITAL STATISTICS.
§16-5-29. Fees for copies and searches.
(a) The commissioner shall prescribe the fees to be charged and collected by the state Registrar for certified copies of certificates or records, not to exceed $10 per copy, or for a search of the files or records when no copy is made: Provided, That the fee may be increased to a maximum of $12 per copy, at the discretion of the commissioner, after July 1, 2008.
(b) The commissioner may prescribe additional fees for the priority production or express delivery of certified copies.
(c) The State Registrar may furnish certified copies of birth and death records to state agencies and to organized charities free of charge when the certificates are needed in presenting claims to the federal government or to a state for public assistance: Provided, That for the purposes of this section, the completion of a Form I-9 for Employment Eligibility Verification is a claim to the federal government, and completing prerequisites to obtain a replacement driver’s license or replacement identification card, under the provisions of §17B-2-16 of this code, is a claim to the state for public assistance. The State Registrar will keep a record of all certificates furnished pursuant to the provisions of this subsection.
(d) Subject to the provisions set forth in section two, article two, chapter twelve of this code, there is hereby continued in the state Treasury a separate account which shall be designated "the vital statistics account."
(e) After July 1, 2006, and subject to the provisions set forth in section two, article two, chapter twelve of this code, there is established in the state Treasury a separate account which shall be designated "the vital statistics improvement fund." Funds deposited in this account will be used to modernize and automate the system of vital statistics in this state and may not be used to supplant existing funding necessary for the daily operation of the system of vital statistics. Funds in this account will be retained in a nonlapsing fund for the improvement of the system of vital statistics.
(f) The commissioner shall deposit $1 received under the provisions of this section for each certified copy to the "vital statistics improvement fund" and shall deposit $4 received under the provisions of this section for each certified copy to the General Revenue Fund account. The commissioner shall deposit the remainder of all fees received under the provisions of this section for certified copies and for priority production and express delivery to the vital statistics account.
(g) The commissioner is authorized to expend the moneys deposited in the vital statistics account in accordance with the laws of this state as necessary to implement this article. The Legislature shall appropriate all moneys in the vital statistics account as part of the annual state budget.
(h) The commissioner shall make an annual report to the Legislature on the vital statistics account, including the previous fiscal year's expenditures and projected expenditures for the next fiscal year.
CHAPTER 17. ROADS AND HIGHWAYS.
ARTICLE 2. Issuance of License, Expiration and Renewal.
§17B-2-16. Identification documents for homeless citizens.
(a) Findings.--
The Legislature finds that:
(1) Individuals who are homeless are often the victims of crimes in which their personal identification documents are stolen or lost;
(2) Personal identification documents are necessary for obtaining employment or certain public benefits, but the fees for acquiring documents may be prohibitive to a homeless individual; and
(3) Removing barriers that prevent homeless individuals from obtaining identification documents may enable those individuals to achieve greater financial stability and a permanent home.
(b) Definitions.--
For the purposes of this section:
(1) “Division” means the West Virginia Division of Motor Vehicles.
(2) “Homeless citizen” means an individual who meets the following criteria:
(A) The individual is a resident of this state, as defined by §17A-3-1a of this code, and either a citizen or legal resident of the United States.
(B) The individual has 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.
(3) “Homeless shelter” means a homeless service agency or any other entity which regularly provides temporary residence for homeless individuals and families.
(c) A homeless citizen is eligible to receive certain identification documents at no cost to the citizen, as provided in subsection (d) of this section, if all of the following criteria apply:
(1) The homeless citizen uses the address of the homeless shelter as his or her address of residence on the application for the identifying document; and
(2) An employee or representative from the homeless shelter signs an affidavit stating that the homeless citizen has no other known address.
(d) Notwithstanding any other provision of this article, the division shall issue the following documents to a homeless citizen, meeting the eligibility criteria provided in subsection (c) of this section, at no cost to the citizen:
(1) A replacement photo identification card; or
(2) A replacement driver’s license: Provided, That the division may not issue more than one identifying document, pursuant to this section, to any particular individual within one 180-day period: Provided, however, That this provision does not void or alter any other rule or policy of the division relating to proof of identity, citizenship, lawful presence, or legal residence.
(e) The commissioner shall develop forms necessary to carry out the requirements of this section.