BILL NUMBER: AB 2010 CHAPTERED 09/28/04 CHAPTER 830 FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2004 APPROVED BY GOVERNOR SEPTEMBER 28, 2004 PASSED THE ASSEMBLY AUGUST 16, 2004 PASSED THE SENATE JULY 1, 2004 AMENDED IN SENATE JUNE 22, 2004 AMENDED IN SENATE JUNE 10, 2004 AMENDED IN ASSEMBLY MARCH 18, 2004 INTRODUCED BY Assembly Member Hancock (Principal coauthors: Assembly Members Chan and Wiggins) (Coauthor: Senator Torlakson) FEBRUARY 13, 2004 An act to add and repeal Sections 26840.10 and 26840.11 of the Government Code, to add and repeal Sections 103627 and 103628 of the Health and Safety Code, and to add and repeal Sections 18309 and 18309.5 of the Welfare and Institutions Code, relating to domestic violence. LEGISLATIVE COUNSEL'S DIGEST AB 2010, Hancock. Alameda and Solano Counties: domestic violence. Existing law provides for county domestic violence program special funds for the purpose of funding local domestic violence programs. Certain fees payable at the time a marriage license is issued may be collected by the county clerks for deposit into these funds. Existing law requires the collection of fees for certified copies of fetal death or death records and marriage or birth certificates. Existing law authorizes the board of supervisors of a county that has established a county children's trust fund to increase the fee for a certified copy of a birth certificate for purposes of the fund. Existing law, the Contra Costa County "Zero Tolerance for Domestic Violence" Act, authorizes the Board of Supervisors of Contra Costa County, until 2007, to increase fees, up to a maximum increase of $2, for certified copies of marriage certificates, birth certificates, fetal death records, and death records, for the purposes of providing funding for governmental oversight and for the coordination of domestic violence prevention, intervention, and prosecution efforts in the county. The Contra Costa County Board of Supervisors is required to submit a report to the Assembly Judiciary Committee and the Senate Judiciary Committee, by July 1, 2006, regarding the receipt of these fees, the expenditure of these funds, and the outcomes achieved as a result of certain activities. This bill would authorize the Boards of Supervisors of Alameda and Solano Counties to make similar fee increases, until January 1, 2010. The bill would require each board, by July 1, 2009, to submit a report on funds received and expended in connection with the fee increases, and the outcome of activities associated with the act, to the Assembly Judiciary Committee and the Senate Judiciary Committee. This bill would make legislative findings regarding the need for special legislation. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) Since 1996, over 150 individuals have died due to domestic violence in Alameda County. (b) In 2000 alone, a total of 6,283 domestic violence-related calls were reported by law enforcement entities within Alameda County, with 2,259 adult cases filed and prosecuted for domestic violence. In calendar year 2000, 2,730 domestic violence-related calls were made to law enforcement officials in Solano County. (c) More than 9,000 crisis calls are made to the four domestic violence shelter programs in Alameda County every year. From December 2003 through May 2004, the Family Violence Intervention Team has investigated 78 cases just for the unincorporated area of Solano County. Additionally, Solano County has one domestic violence shelter agency that runs two shelters. These beds stay full and the shelter agency maintains a waiting list. (d) Domestic violence is ubiquitous. It cuts across all economic and education levels, all age groups, ethnicities, and other social and community characteristics. (e) Domestic violence is insidious. It is characterized by a predictable, escalating cycle that can result in injury or death of victims, including children. (f) Domestic violence puts children at risk. Children in homes where domestic violence occurs are physically abused or seriously neglected at a rate significantly higher than the national average in the general population, according to the National Woman Abuse Prevention Project in Washington, D.C. (g) Domestic violence is learned and generational. Studies show that boys who witness family violence are more likely to batter their female partners as adults than boys raised in nonviolent homes. Girls who witness their mothers' abuse have higher rates of being battered as adults. (h) Substance abuse is a significant factor contributing to, although not necessarily a cause of, domestic violence. Many domestic violence offenders have documented histories of substance abuse or were under the influence of drugs or alcohol at the time the felony crime was committed. (i) Domestic violence is costly, both in human and organizational terms. The results of domestic violence have many "hidden" costs, such as job turnover, loss of productivity, school absenteeism, and low school performance, in addition to the high cost of law enforcement, civil and criminal justice, health services, mental health services, substance abuse treatment, human services, and community-based services. (j) Alameda County, in recognizing that the domestic violence prevention, intervention, and prosecution system is complex and multifaceted, spanning civil, criminal, health, and social service sectors and that, to be effective, there must be alignment in the objectives, protocols, policies, and activities of each sector, has established the Alameda County Domestic Violence Collaborative. A May 2003 report of the collaborative, entitled "A Profile of Family Violence in Alameda County--A Call for Action" cited the need for oversight and coordination of domestic violence prevention, intervention, and prosecution efforts within the county, to ensure the efficient delivery of services, and to identify gaps in existing services. Solano County has declared "a right to be safe and free of family violence" through a policy that promotes a multidisciplinary approach to preventing family violence, and has created the Office of Family Violence Prevention to facilitate the implementation by the county departments and community-based organizations of the county's family violence prevention and intervention plan and strategies. (k) Alameda and Solano Counties have determined that achievement of this alignment requires governmental oversight and coordination of the multiple agencies involved in the domestic violence system. This oversight and coordination is an essential link in a comprehensive effort to eliminate domestic violence. (l) The Alameda County Domestic Violence Collaborative and Solano County's policies "for a right to be safe and free of family violence" address the full spectrum of prevention, early intervention, response, and remediation, as well as holding participating agencies accountable through specified performance measures and enhancing the automated systems that collect and report data. In order to provide a more accurate picture of family and domestic violence, Solano County has promoted the continued development of a data and information system to ensure accountability, identify measurable results, track the incidence of family violence, and identify any gaps in county-related services. (m) Alameda and Solano Counties have also determined that the fees authorized by this legislation shall not exceed the cost of governmental oversight and coordination of the domestic violence system. (n) Alameda and Solano Counties have further determined that the fees authorized by Section 26840.7 of the Government Code are not sufficient or allowable for this purpose, as these funds are to be used only for domestic violence centers offering direct services, and are currently fully utilized for this purpose. SEC. 2. Section 26840.10 is added to the Government Code, to read: 26840.10. (a) The Alameda County Board of Supervisors, upon making findings and declarations for the need for governmental oversight and coordination of the multiple agencies dealing with domestic violence, may authorize an increase in the fees for marriage licenses and confidential marriage licenses, up to a maximum increase of two dollars ($2). (b) Effective July 1 of each year, the Alameda County Board of Supervisors may authorize an increase in these fees by an amount equal to the increase in the Consumer Price Index for the San Francisco metropolitan area for the preceding calendar year, rounded to the nearest half-dollar ($0.50). The fees shall be allocated pursuant to Section 18309 of the Welfare and Institutions Code. (c) In addition to the fee prescribed by Section 26840.1, in Alameda County, the person issuing authorization for the performance of a marriage or confidential marriage, or the county clerk upon providing a blank authorization form pursuant to Part 4 (commencing with Section 500) of Division 3 of the Family Code, shall collect the fees specified in subdivisions (a) and (b), at the time of providing the authorization. (d) The Alameda County Board of Supervisors shall submit to the Assembly Judiciary Committee and the Senate Judiciary Committee, no later than July 1, 2009, a report containing the following information: (1) The annual amounts of funds received and expended from fee increases for the purpose of governmental oversight and coordination of domestic violence prevention, intervention, and prosecution efforts in the county. (2) Outcomes achieved as a result of the activities associated with the implementation of this section. (e) This section shall remain in effect only until January 1, 2010, and as of that date is repealed, unless a later enacted statute deletes or extends that date. SEC. 3. Section 26840.11 is added to the Government Code, to read: 26840.11. (a) The Solano County Board of Supervisors, upon making findings and declarations for the need for governmental oversight and coordination of the multiple agencies dealing with domestic violence, may authorize an increase in the fees for marriage licenses and confidential marriage licenses, up to a maximum increase of two dollars ($2). (b) Effective July 1 of each year, the Solano County Board of Supervisors may authorize an increase in these fees by an amount equal to the increase in the Consumer Price Index for the San Francisco metropolitan area for the preceding calendar year, rounded to the nearest one-half dollar ($0.50). The fees shall be allocated pursuant to Section 18309.5 of the Welfare and Institutions Code. (c) In addition to the fee prescribed by Section 26840.1, in Solano County, the person issuing authorization for the performance of a marriage or confidential marriage, or the county clerk upon providing a blank authorization form pursuant to Part 4 (commencing with Section 500) of Division 3 of the Family Code, shall collect the fees specified in subdivisions (a) and (b), at the time of providing the authorization. (d) The Solano County Board of Supervisors shall submit to the Assembly and Senate Committees on Judiciary, no later than July 1, 2009, a report containing the following information: (1) The annual amounts of funds received and expended from fee increases for the purpose of governmental oversight and coordination of domestic violence prevention, intervention, and prosecution efforts in the county. (2) Outcomes achieved as a result of the activities associated with the implementation of this section. (e) This section shall remain in effect only until January 1, 2010, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2010, deletes or extends that date. SEC. 4. Section 103627 is added to the Health and Safety Code, to read: 103627. (a) The Alameda County Board of Supervisors, upon making findings and declarations supporting the need for governmental oversight and coordination of the multiple agencies dealing with domestic violence, may authorize an increase in the fees for certified copies of marriage certificates, birth certificates, fetal death records, and death records, up to a maximum increase of two dollars ($2). (b) Effective July 1 of each year, the Alameda County Board of Supervisors may authorize an increase in these fees by an amount equal to the increase in the Consumer Price Index for the San Francisco metropolitan area for the preceding calendar year, rounded to the nearest half-dollar ($0.50). The fees shall be disposed of pursuant to the provisions of Section 18309 of the Welfare and Institutions Code. (c) In addition to the fees prescribed by subdivisions (a) and (b), any applicant for a certified copy of a birth certificate, a fetal death record, or death record in Alameda County shall pay an additional fee to the local registrar, county recorder, or county clerk as established by the Alameda County Board of Supervisors. (d) This section shall remain in effect only until January 1, 2010, and as of that date is repealed, unless a later enacted statute deletes or extends that date. SEC. 5. Section 103628 is added to the Health and Safety Code, to read: 103628. (a) The Solano County Board of Supervisors, upon making findings and declarations for the need for governmental oversight and coordination of the multiple agencies dealing with domestic violence, may authorize an increase in the fees for certified copies of marriage certificates, birth certificates, fetal death records, and death records, up to a maximum increase of two dollars ($2). (b) Effective July 1 of each year, the Solano County Board of Supervisors may authorize an increase in these fees by an amount equal to the increase in the Consumer Price Index for the San Francisco metropolitan area for the preceding calendar year, rounded to the nearest one-half dollar ($0.50). The fees shall be allocated pursuant to Section 18309.5 of the Welfare and Institutions Code. (c) In addition to the fees prescribed by subdivisions (a) and (b), any applicant for a certified copy of a birth certificate, a fetal death record, or death record in Solano County shall pay an additional fee to the local registrar, county recorder, or county clerk as established by the Solano County Board of Supervisors. (d) This section shall remain in effect only until January 1, 2010, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2010, deletes or extends that date. SEC. 6. Section 18309 is added to the Welfare and Institutions Code, to read: 18309. (a) The Alameda County Board of Supervisors shall direct the local registrar, county recorder, and county clerk to deposit fees collected pursuant to Section 26840.10 of the Government Code and Section 103627 of the Health and Safety Code into a special fund. The county may retain up to 4 percent of the fund for administrative costs associated with the collection and segregation of the additional fees and the deposit of these fees into the special fund. Proceeds from the fund shall be used for governmental oversight and coordination of domestic violence and family violence prevention, intervention, and prosecution efforts among the court system, the district attorney's office, the public defender's office, law enforcement, the probation department, mental health, substance abuse, child welfare services, adult protective services, and community-based organizations and other agencies working in Alameda County in order to increase the effectiveness of prevention, early intervention, and prosecution of domestic and family violence. (b) This section shall remain in effect only until January 1, 2010, and as of that date is repealed, unless a later enacted statute deletes or extends that date. SEC. 7. Section 18309.5 is added to the Welfare and Institutions Code, to read: 18309.5. (a) The Solano County Board of Supervisors shall direct the local registrar, county recorder, and county clerk to deposit fees collected pursuant to Section 26840.11 of the Government Code and Section 103628 of the Health and Safety Code into a special fund. The county may retain up to 4 percent of the fund for administrative costs associated with the collection and segregation of the additional fees and the deposit of these fees into the special fund. Proceeds from the fund shall be used for governmental oversight and coordination of domestic violence and family violence prevention, intervention, and prosecution efforts among the court system, the district attorney's office, the public defender's office, law enforcement, the probation department, mental health, substance abuse, child welfare services, adult protective services, and community-based organizations and other agencies working in Solano County in order to increase the effectiveness of prevention, early intervention, and prosecution of domestic and family violence. (b) This section shall remain in effect only until January 1, 2010, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2010, deletes or extends that date. SEC. 8. Due to the unique circumstances of the Counties of Alameda and Solano with respect to domestic violence, the Legislature hereby finds and declares that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution. Therefore, the special legislation contained in Sections 2 to 7, inclusive, of this act is necessarily applicable only in the Counties of Alameda and Solano.