Changes to Existing Law
HB1074 — Modify the individuals eligible to sign an affidavit of homelessness for purposes of obtaining a free copy of a birth certificate.
1 section modified+39-56
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§ 34-25-52.7
Amended+39-56
Section 34-25-52.7 — AMENDED
Notwithstanding § 34-25-52, the department must provide, at no cost, a certified copy of a person's an individual's South Dakota birth certificate, limited to one, upon application and proof of that person's homelessness. The person individual or the person's individual's spouse, child, parent, guardian, next of kin, or authorized representative may apply for a certified copy of the person's individual's birth certificate pursuant to this section. An affidavit developed by the department attesting to the person's individual's housing status is proof of homelessness for the purposes of this section. The department may not accept an affidavit as proof of homelessness unless signed by the person individual experiencing homelessness and a homeless services provider with knowledge of the person's individual's housing status. For the purposes of this section, the term "homeless services provider" means any: government (1) Government or nonprofit agency that provides a food bank, homeless shelter, housing assistance program, homeless outreach or advocacy program, or any similar program; any human (2) Human services or social services agency, public or private, providing health services, behavioral health services, substance use disorder services, or employment or public assistance services to homeless persons individuals; or any law (3) Law enforcement officer designated as a liaison to the homeless population by a local police department or sheriff's department; 26 (4) Homeless liaison designated by a school district, as described by 42 U.S.C. § 11432 (January 1, 2025); (5) School counselor, certified by the Department of Education; (6) School nurse, licensed in accordance with chapter 36-9; or (7) Social worker, licensed in accordance with chapter 36-26. 5