EXECUTIVE ORDER S-07-08


          WHEREAS on June 11, 2008, I proclaimed a State of Emergency to exist in the County of Butte as a result of two major wildfires, the Ophir Fire and the Humboldt Fire; and

          WHEREAS on June 12, 2008, I proclaimed a State of Emergency to exist in the County of Santa Cruz as a result of the Martin Fire; and

          WHEREAS these fires have burned thousands of acres, displaced thousands of persons and destroyed numerous homes and other structures; and

          WHEREAS these fires have caused the loss of valuable personal and business records; and

          WHEREAS those who have lost or sustained damage to their homes, property, businesses or places of employment, may need to obtain or replace important government records such as certificates of birth, death, fetal death, or marriage, as well as marriage dissolution records, driver's licenses, identification cards, vehicle registration certificates, and certificates of title, to obtain assistance from federal, state and local governmental agencies, make claims for and collect insurance, find new employment, and for other purposes related to losses suffered in the fire; and

          WHEREAS those who need to obtain or replace important government records to mitigate their losses and rebuild their lives as a consequence of the wildfire disaster require immediate assistance from state and local governmental agencies to replace those records; and

          WHEREAS existing law requires the Office of Vital Records of the Department of Public Health, along with local registrars, county recorders and county clerks, to impose fees upon persons requesting copies of certificates of birth, death, fetal death, and marriage, and marriage dissolution records, and existing law requires the State Department of Motor Vehicles to impose fees upon persons requesting replacement driver's licenses, identification cards, vehicle registration certificates, and certificates of title; and

          WHEREAS existing law requires the State Department of Motor Vehicles to impose late fees on persons who are late in renewing their vehicle registration or late in transferring ownership of a vehicle; and

          WHEREAS existing law requires the State Department of Housing and Community Development 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 suspension of statutory requirements for imposition of fees would assist fire victims; and

          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, including the Emergency Services Act and in particular Government Code sections 8567 and 8571, do hereby issue this Executive Order, effective immediately, to mitigate the effects of the emergency due to the wildfires in the counties of Butte and Santa Cruz:

  1. The provisions of Health and Safety Code sections 103525.5 and 103625, and the provisions of 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 resident of the counties of Butte and Santa Cruz who suffered a loss of a family member, or who suffered loss or damage to property, business, or employment, as a result of the wildfires. Copies of certificates of birth, death, fetal death, and marriage, and marriage dissolution records, shall be provided to such persons without charge.
  2. Health and Safety Code section 18114, requiring the imposition of fees, is 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 wildfires. Those documents shall be replaced without charge.
  3. The provisions of 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 resident of the counties of Butte and Santa Cruz who suffered a loss of such documents as a result of the wildfires. A replacement driver's license, identification card, vehicle registration certificate, or certificate of title shall be provided to such persons without charge.
  4. The provisions of Vehicle Code sections 4602 and 5902, requiring the timely registration or transfer of title, are hereby suspended with regard to any registration or transfer of title by any resident of the counties of Butte and Santa Cruz who suffered a loss of such registration or title documents as a result of the wildfires. The time covered by this suspension shall not be included in calculating any late penalty pursuant to Vehicle Code section 9554.
  5. My Office of Emergency Services shall coordinate assistance programs offered by all relevant federal, state and local agencies and departments, including, but not limited to, the Federal Emergency Management Agency, the California Conservation Corps, the Department of Public Health, the Department of Health Care Services, the Department of Mental Health, the Department of Social Services, the Department of Consumer Affairs, the Employment Development Department, the Department of the Highway Patrol, the Department of Forestry and Fire Protection, the Department of Veterans Affairs, the Department of Aging, the Department of Transportation, the Department of Insurance, and the Franchise Tax Board. 
  6. All State agencies with responsibility, regulatory authority or expertise related to recovery efforts in connection with these fires shall cooperate fully and act expeditiously in coordination with the California Resources Agency and the California Environmental Protection Agency, to facilitate the mitigation of the effects of the fires and the environmental restoration of the affected areas.

          IT IS FURTHER REQUESTED THAT the Franchise Tax Board and the Board of Equalization consider using their administrative powers where appropriate to provide those individuals and/or businesses impacted by the wildfires with extensions for filing, audits, billing, notices, assessments and relief from subsequent penalties.

This Executive 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.