S-08-07


WHEREAS on June 25, 2007, a state of emergency was proclaimed to exist in El Dorado County as a result of a wildfire and the peril to the area; and WHEREAS over 3000 acres have already burned and over 200 structures have been damaged or destroyed; and WHEREAS hundreds of residents of the area remain evacuated, and homes and businesses continue to be threatened by the fire, which has been flamed by unpredictable winds; and WHEREAS critical watershed areas are being threatened by the fire and the potential runoff; and WHEREAS the fire has destroyed the personal vital records of many individuals, such as driver's licenses, birth certificates and vehicle registration documents that are necessary to recover from the fire and apply for further assistance; and WHEREAS the State Department of Motor Vehicles is statutorily required to impose fees on persons who request replacement of a driver's license, identification card, vehicle registration certificate or certificate of title; and WHEREAS the State Department of Housing and Community Development is statutorily required to impose fees on persons who are late in renewing their manufactured home registration or late in transferring ownership of a manufactured home; and WHEREAS the fires will continue to impact the business community of the Lake Tahoe region, and will impact jobs and cause short-term unemployment, in particular in the tourism and recreation industries. NOW, THEREFORE, I, Arnold Schwarzenegger, Governor of the State of California, in accordance with the authority vested in me by the Constitution and statutes of the State of California, and in particular, sections 8567 and 8571 of the California Government Code, do hereby issue the following orders to become effective immediately: IT IS HEREBY ORDERED that Health and Safety Code sections 103525.5 and 103625, and Penal Code section 14251, requiring the imposition of fees, are hereby suspended with regard to any request for copies of certificates of birth, death, fetal death, and marriage, or marriage dissolution records, by any individual who lost such records as a result of the wildfire, and it is hereby ordered that the copies shall be provided without charge. IT IS FURTHER ORDERED that Vehicle Code sections 9265(a), 9867, 14901, 14902 and 15255.2, requiring the imposition of fees, are hereby suspended with regard to any request for replacement of a driver's license, identification card, vehicle registration certificate or certificate of title, by any individual who lost such records as a result of the wildfire, and it is hereby ordered that the records shall be replaced without charge. IT IS FURTHER ORDERED that Health and Safety Code section 18114, requiring the imposition of fees, are hereby suspended with regard to any late renewal of registration certificate or certificate of title for a manufactured home by any registered owner who lost these documents as a result of the wildfire, and it is hereby ordered that the documents shall be replaced without charge. IT IS FURTHER ORDERED that because strict compliance with subdivision (d) of section 1253 of California's Unemployment Insurance Code would prevent, hinder, or delay the mitigation of the effects of the emergency caused by the wildfire and resulting impacts, this subdivision is hereby suspended for any individual unemployed as a result of the wildfire and who otherwise is eligible to receive unemployment compensation benefits in California. I FURTHER REQUEST that the Franchise Tax Board consider using its administrative powers to provide those individuals impacted by the fire with extensions for filing, or with relief from penalties and assessments, as appropriate. This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person. I FURTHER DIRECT that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given to this Order.