BILL NUMBER: AB 1712	CHAPTERED  10/05/05

	CHAPTER  545
	FILED WITH SECRETARY OF STATE  OCTOBER 5, 2005
	APPROVED BY GOVERNOR  OCTOBER 5, 2005
	PASSED THE ASSEMBLY  AUGUST 29, 2005
	PASSED THE SENATE  AUGUST 22, 2005
	AMENDED IN SENATE  JUNE 29, 2005
	AMENDED IN SENATE  JUNE 16, 2005
	AMENDED IN ASSEMBLY  APRIL 11, 2005

INTRODUCED BY   Assembly Member Hancock

                        FEBRUARY 22, 2005

   An act to amend Section 103627 of, and to add and repeal Section
103627.5 of, the Health and Safety Code, and to amend Section 18309
of the Welfare and Institutions Code, relating to domestic violence.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1712, Hancock  Domestic violence.
   Existing law authorizes 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, to 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
$2. Existing law authorizes the Alameda County Board of Supervisors
to authorize an increase in those fees each year. In addition to
those fees, existing law requires any applicant for a certified copy
of a birth certificate, a fetal death record, or death record in
Alameda County to pay an additional fee to the local registrar,
county recorder, or county clerk as established by the Alameda County
Board of Supervisors.
   Existing law requires the Alameda County Board of Supervisors to
direct the local registrar, county recorder, and county clerk to
deposit the above fees into a special fund. Existing law authorizes
the county to retain up to 4% of the fund for administrative costs
and requires proceeds from the fund to be used for governmental
oversight and coordination of domestic violence and family violence
prevention, intervention, and prosecution efforts.
   The above provisions of existing law remain in effect only until
January 1, 2010.
   This bill would additionally authorize the City Council of the
City of Berkeley to authorize an increase in the fees within its
local health jurisdiction for certified copies of birth certificates,
fetal death records, and death records, up to a maximum increase of
$2. The bill would also authorize the city to authorize an increase
in those fees each year and to establish an additional fee that any
applicant for a certified copy of a birth certificate, a fetal death
record, or death record in the city must pay to the local registrar.
The bill would require the city to direct the local registrar to
deposit the above fees into a special fund, separate from the county'
s special fund, and would authorize the city to retain up to 4% of
the fund for administrative costs.
   This bill would require the City Council of the City of Berkeley
to submit a report to the Assembly Committee on Judiciary and the
Senate Committee on Judiciary, by no later than July 1, 2009,
containing designated information relating to the receipt and
expenditure of the authorized fees and domestic violence prevention,
intervention, and prosecution efforts in the city.
   This bill would state the finding and declaration of the
Legislature that, due to unique circumstances applicable to the City
of Berkeley, a statute of general applicability cannot be made
applicable.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 103627 of the Health and Safety Code is amended
to read:
   103627.  (a) (1) 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).
   (2) The City Council of the City of Berkeley, 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 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 and the City Council of the City of Berkeley 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 or in the City
of Berkeley shall pay an additional fee to the local registrar,
county recorder, or county clerk, as applicable, as established by
the Alameda County Board of Supervisors or the City Council of the
City of Berkeley.
   (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. 2.  Section 103627.5 is added to the Health and Safety Code,
to read:
   103627.5.  If it elects to increase fees pursuant to Section
103627, the City Council of the City of Berkeley shall submit a
report to the Assembly Committee on Judiciary and the Senate
Committee on Judiciary, by no later than July 1, 2009, that contains
the following information:
   (a) The annual amount 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 city.
   (b) Outcomes achieved as a result of the activities associated
with the implementation of Section 103627.
   (c) 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. 3.  Section 18309 of the Welfare and Institutions Code is
amended 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 funds 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) The City Council of the City of Berkeley shall direct the
local registrar to deposit fees collected pursuant to Section 103627
of the Health and Safety Code into a special fund. The city may
retain up to 4 percent of the funds 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 and intervention
efforts, including law enforcement, mental health, public health,
substance abuse, victim advocacy, community education, and housing,
in order to increase the effectiveness of prevention, early
intervention, and prosecution of domestic and family violence.
   (c) 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. 4.  Due to the unique circumstances of the City of Berkeley
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 this act is
necessarily applicable only in the City of Berkeley.