BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 73|
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THIRD READING
Bill No: AB 73
Author: Hayashi (D), et al
Amended: 7/8/09 in Senate
Vote: 21
SENATE LOCAL GOVERNMENT COMMITTEE : 3-2, 5/20/09
AYES: Wiggins, Kehoe, Wolk
NOES: Cox, Aanestad
SENATE JUDICIARY COMMITTEE : 3-2, 6/16/09
AYES: Corbett, Florez, Leno
NOES: Harman, Walters
ASSEMBLY FLOOR : 44-29, 4/2/09 - See last page for vote
SUBJECT : Marriage licenses: vital records: fees:
domestic violence
SOURCE : Alameda County Family Justice Center
Alameda County District Attorneys Office
DIGEST : This bill eliminates the January 1, 2010 sunset
date for Alameda County and the City of Berkeley to
continue to authorize existing fees to fund domestic
violence prevention programs, and extends the deadline for
a final report to the Legislature.
Senate Floor Amendments of 7/8/09 correct grammatical
errors and add co-authors.
CONTINUED
AB 73
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ANALYSIS : Existing law authorizes both the Alameda
County and Solano County Board of Supervisors, upon making
specified findings and declarations, to increase the fees
for marriage licenses and confidential marriage licenses by
up to $2, with further increases permitted on an annual
basis, based on the Consumer Price Index (CPI) for the San
Francisco metropolitan area for the preceding year.
(Sections 26840.10 and 26840.11 of the Government Code)
Existing law provides that proceeds are to be used for
governmental oversight and coordination of domestic
violence and family violence prevention, intervention, and
prosecution efforts. (Section 18309 of the Welfare and
Institutions Code)
Existing law requires, no later than July 1, 2009, both the
Alameda County and Solano County Board of Supervisors to
submit to the Senate and Assembly Judiciary Committees a
report on the amount of funds received and expended from
the fee increases for marital licenses and confidential
marriage licenses and the outcomes achieved as a result of
the activities associated with the fee increases.
(Sections 26840.10 and 26840.11 of the Government Code)
Existing law contains a sunset for the authorized fee
increases in the Counties of Alameda and Solano of January
1, 2010. (Sections 26840.10 and 26840.11 of the Government
Code)
Existing law authorizes the Counties of Alameda and Solano,
and the City of Berkeley upon making specified findings and
declarations, to increase the fees for certified copies of
birth certificates, fetal death records, and death records,
by up to $2, with further increases permitted on an annual
basis, based on the CPI for the San Francisco metropolitan
area for the preceding year. (Sections 103627 and 103628
of the Health and Safety Code)
Existing law contains a sunset for the authorized fee
increases for the Counties of Alameda and Solano, and the
City of Berkeley of January 1, 2010. (Sections 103627 and
103628 of the Health and Safety Code)
This bill makes legislative findings and declarations
pertaining to domestic violence, and its costs to society.
AB 73
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This bill eliminates the January 1, 2010 sunset date for
the Alameda County Board of Supervisors and the Berkeley
City Council to continue to authorize existing marriage
license and birth and death certificate fees to fund
governmental oversight and coordination of domestic
violence and family violence prevention, intervention, and
prosecution programs.
This bill, instead, requires the Alameda County Board of
Supervisors and the Berkeley City Council, if they elect to
increase fees pursuant to the above-described provisions,
to submit preliminary reports by July 1, 2009, and final
reports by July 1, 2014.
This bill requires the report to provide the amounts of
fees received and expended, as well as the outcomes
achieved as a result of the expenditures.
Related Legislation
SB 635 (Wiggins) authorizes Sonoma County, upon making
specified findings and declarations, to increase fees for
marriage licenses, certified copies of marriage
certificates, and death records. This bill contains a
sunset of January 1, 2015.
Prior Legislation
AB 2231 (Hayashi), 2007-08 Session, would have extended the
sunset date for pilot programs in Alameda and Solano
Counties, and the City of Berkeley that authorizes
increased fees in specified vital records and marriage
licenses from January 1, 2010, to January 1, 2015. This
bill was vetoed by the Governor.
AB 1712 (Hancock), Chapter 545, Statutes of 2005,
authorized the City of Berkeley to increase the fees for
certified copies of birth certificates, fetal death
records, and death records by up to $2.
AB 2010 (Hancock), Chapter 830, Statutes of 2004,
authorized Alameda and Solano Counties to increase the fees
for marriage licenses, and for certified copies of marriage
AB 73
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certificates, birth certificates, fetal death records, and
death records.
SB 425 (Torlakson), Chapter 90, Statutes of 2001,
authorized a pilot program in Contra Costa County, allowing
the county to provide governmental oversight and
coordination of domestic violence prevention, intervention,
and prosecution efforts within the county.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/8/09)
Alameda County Family Justice Center (co-source)
Alameda County District Attorney's Office (co-source)
Berkeley City Council
American Federation of State, County and Municipal
Employees
Calico (Child Abuse Listening, Interviewing and
Coordination Center)
California Communities United Institute
Child Abuse Prevention Council of Contra Costa County
City of Oakland
County of Alameda
Youth Ventures
OPPOSITION : (Verified 7/8/09)
Howard Jarvis Taxpayers Association
ARGUMENTS IN SUPPORT : The author states:
"Domestic violence victims may need to seek help from as
many as 25 different agencies - in as many different
locations - police, district attorneys, victim-witness,
social services and other relevant programs. Putting all
these services under one roof, as Alameda County has done
with its Family Justice Center, has helped to ensure
these victims receive all the legal, psychological,
social and financial assistance they need. That
coordination is funded, in part, by money from the
records fees.
AB 73
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"Having a one-stop shop for domestic violence services
has helped to reduce some of Alameda County's stark
statistics. Since 2001, the county has seen a 90 percent
decrease in domestic violence homicides. It has reduced
dismissals of domestic violence cases by 20 percent,
giving victims more faith that the public system will
protect them. Since opening its doors, the Alameda
County Justice Center has served more than 18,000 adults
(including 800 men) and 2,500 children."
ARGUMENTS IN OPPOSITION : In opposition, the Howard
Jarvis Taxpayers Association writes: "As currently
drafted, AB 73 would authorize local government violations
of the California Constitution. It is a tax for a special
purpose and therefore must require a two-thirds vote by
local voters. This increase cannot be termed a fee since
there is absolutely no nexus between certified certificates
and domestic violence prevention."
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Beall, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Coto, De La Torre, De Leon, Eng, Evans, Feuer,
Fong, Fuentes, Furutani, Galgiani, Hayashi, Hernandez,
Hill, Huffman, Jones, Krekorian, Mendoza, Monning, Nava,
John A. Perez, V. Manuel Perez, Portantino, Price,
Ruskin, Salas, Saldana, Skinner, Solorio, Swanson,
Torlakson, Torres, Torrico, Bass
NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
Blakeslee, Conway, Cook, DeVore, Duvall, Emmerson,
Fletcher, Fuller, Gaines, Garrick, Gilmore, Hagman,
Harkey, Huber, Jeffries, Knight, Logue, Miller, Nestande,
Niello, Nielsen, Silva, Smyth, Audra Strickland, Villines
NO VOTE RECORDED: Davis, Hall, Lieu, Bonnie Lowenthal, Ma,
Tran, Yamada
AGB:mw 7/9/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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