BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 662
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          Date of Hearing:   June 15, 2010

                           ASSEMBLY COMMITTEE ON JUDICIARY
                                  Mike Feuer, Chair
                       SB 662 (Yee) - As Amended:  May 24, 2010

                              As Proposed to be Amended

           SENATE VOTE  :   Not Relevant
           
           SUBJECT:  DOMESTIC VIOLENCE: MARRIAGE LICENSE FEES

           KEY ISSUE  : IN ORDER TO HELP FUND DOMESTIC VIOLENCE SHELTERS  
          PROVIDING A SAFE HAVEN FOR VICTIMS AND THEIR CHILDREN, SHOULD  
          COUNTY BOARDS OF SUPERVISORS BE PERMITTED TO INCREASE THE  
          MARRIAGE LICENSE FEE USED TO FUND DOMESTIC VIOLENCE SHELTERS,  
          WHICH HAS NOT BEEN RAISED FOR 17 YEARS, BY $10? 

           FISCAL EFFECT  :  As currently in print this bill is keyed  
          non-fiscal.

                                      SYNOPSIS
          
          This bill, sponsored by the California Partnership to End  
          Domestic Violence, allows counties to increase marriage license  
          fees used to fund domestic violence shelters by $10, from $23 to  
          $33.  This fee began in 1980 and was last increased by $6 in  
          1993.  The optional $10 fee just barely keeps pace with  
          inflation.  This bill also makes three relatively minor changes  
          to how these fees are to be used.  

          This bill is supported by over 50 law enforcement, community and  
          domestic violence organizations who note that reductions in  
          pubic and private funding and a significant increase in the  
          demand for services have forced shelters to reduce core services  
          and eliminate non-funded services to survivors of violence and  
          their children.  Without additional funds, more and more victims  
          of domestic violence and their children will be turned away due  
          to lack of resources.  While the fee increase permitted by the  
          bill will not make up for lost state funding, it should help  
          shelters provide core services to families escaping violence.

          This bill is opposed by the Stop Hidden Taxes Coalition, which  
          argues that the fee increase is in reality a tax increase that  
          requires approval by a two-thirds public vote, and, therefore,  








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          violates the state constitution.  The California Supreme Court  
          in Sinclair Paints v. Board of Equalization (1997) 15 Cal.4th  
          866 set forth a two-prong test to determine whether a particular  
          increase in revenue is a fee or a tax.  Under that test a fee  
          cannot exceed the reasonable cost of providing the services  
          necessary for which the fee is charged, and must not be levied  
          for an unrelated revenue purpose.  The fee proposed by this bill  
          appears to satisfy both prongs of that test.

           SUMMARY  :  Permits a county board of supervisors to increase the  
          marriage license fees used to fund domestic violence shelters by  
          $10 and clarifies when such shelters may receive these funds.   
          Specifically,  this bill  :    

          1)Authorizes a county board of supervisors to increase the  
            marriage license fee used to fund domestic violence shelters  
            by $10, from $23 to $33.  

          2)Requires that, to be funded with the special domestic violence  
            shelter-based program fees, domestic violence shelter-based  
            programs must be existing and not just proposed.

          3)Allows a county to use its domestic violence shelter-based  
            program funds to fund a shelter outside of the county only if  
            both of the following conditions are satisfied:  (a) the  
            county already funds all domestic violence shelter-based  
            programs within the county borders that meet specified  
            requirements; and (b) the program to be funded outside of the  
            county provides services to residents of the funding county.  

          4)Requires that domestic violence shelter-based programs special  
            funds be disbursed through a request for qualification (RFQ)  
            process that involves a determination of whether the domestic  
            violence shelter-based program in question meets specified  
            requirements.  Provides that if the program meets the  
            specified requirements, it has successfully completed the RFQ  
            process.  

           EXISTING LAW  :

          1)Establishes a $23 fee that must be collected at the time of  
            issuance of a marriage license to be used, by way of a special  
            fund, to fund domestic violence shelter-based programs.   
            (Government Code Sections 26840.7-40.8; Welfare & Institutions  
            Code Section 18290 et seq.  Unless stated otherwise, all  








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            further references are to the Welfare and Institutions Code.) 

          2)Requires domestic violence shelter-based programs that receive  
            the special funds in #1 to provide specified services,  
            including: (a) 24 hour/7 day a week shelter services; (b)  
            temporary housing and food facilities; (c) a drop-in center to  
            assist victims of domestic violence; and (d) arrangements for  
            school-age children to continue their education during their  
            stay at the shelter.  Requires, to the extent possible, and in  
            conjunction with already existing community services, domestic  
            violence shelter-based programs to provide victims of domestic  
            violence with medical care, legal assistance, psychological  
            support and counseling, and information regarding other  
            available social services.  (Sections 18294-95.)

          3)Requires that all proposed and existing domestic violence  
            shelter-based programs that meet the requirements in #2 must  
            receive the marriage license fees special funding, upon  
            approval by the local board of supervisors.  (Section 18293.)

          4)Allows geographically adjacent counties to combine domestic  
            violence shelter-based resources in order to provide services  
            to the clients of each of those counties.  (Section 18304.)

          5)Requires that the domestic violence shelter-based program  
            special funds be disbursed to approved domestic violence  
            shelter-based programs on a yearly or more frequent basis  
            through an RFQ process.  (Section 18305.)

          6)Requires the Maternal and Child Health Branch of the State  
            Department of Public Health to administer a comprehensive  
            shelter-based services grant program to domestic violence  
            shelters, as specified.  (Health & Safety Section 124250.)

           COMMENTS  :  This bill seeks to increase funding available to  
          domestic violence shelters and makes minor changes in how these  
          groups are to be funded.  

          Writes the author:

               Each year, many victims of domestic violence find  
               themselves in crisis situations with no place to go.   
               Domestic violence shelters are often the only safe  
               haven for victims fleeing violence, and shelter  
               services are known to save lives.  Shelters serve a  








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               critical need for victims in crisis. . . . 

               California has a network of over 100 domestic violence  
               shelter-based programs.  These programs provide  
               shelter in confidential locations 24 hours a day,  
               seven days a week, and provide services from staff  
               with expertise and specific domestic violence  
               training.  These programs provide comprehensive  
               services to thousands of victims including counseling  
               and support groups, prevention services, legal  
               support, crisis hot-lines and community outreach.  . .  
               . 

               For more than thirty years, marriage license fees have  
               supported these vital domestic violence shelters.   
               However, with the elimination of state funding in  
               2009, reductions in local and private donations, and a  
               massive increase in the demand for services, shelters  
               are operating on shoestring budgets and are forced to  
               reduce core services and eliminate non-funded services  
               to survivors of violence and their children.  In some  
               cases they have been forced to close altogether. 

               Far too many women and children who need shelter are  
               turned away due to lack of space, and return home to  
               life-threatening situations. Over 44,000 adult victims  
               were turned away from state-funded domestic violence  
               shelters during the last six years because shelters  
               were full.

               SB 662 allows counties to increase the existing  
               marriage license fee that goes to domestic violence  
               shelters by $10, from $23 to $33.  The current $23  
               level has not been increased since 1993, so has not  
               kept up with inflation and cost of living increases.   
               During these challenging budget times, this fee has  
               become a vital lifeline to these needed programs. 

           Devastating Effects of Domestic Violence on Children and  
          Families  :  Domestic violence is a serious criminal justice and  
          public health problem most often perpetrated against women.   
          (Extent, Nature and Consequences of Intimate Partner Violence:  
          Findings from the National Violence against Women Survey, U.S.  
          Department of Justice (2001).)  Prevalence of domestic violence  
          at the national level ranges from 960,000 to three million women  








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          each year who are physically abused by their husbands or  
          boyfriends.  While the numbers are staggering, they only include  
          those cases of reported domestic violence.  In fact, according  
          to a 1998 Commonwealth Fund survey of women's health, nearly 31%  
          of American women report being physically or sexually abused by  
          a husband or boyfriend at some point in their lives.  (Health  
          Concerns Across a Woman's Lifespan: 1998 Survey of Women's  
          Health, The Commonwealth Fund (May 1999).)

          Domestic violence continues to be a significant problem in  
          California.  In 2005, the Attorney General's Task Force on  
          Domestic Violence reported that:

               The health consequences of physical and psychological  
               domestic violence can be significant and long lasting,  
               for both victims and their children. . . . A study by  
               the California Department of Health Services of  
               women's health issues found that nearly six percent of  
               women, or about 620,000 women per year, experienced  
               violence or physical abuse by their intimate partners.  
                Women living in households where children are present  
               experienced domestic violence at much higher rates  
               than women living in households without children:   
               domestic violence occurred in more than 436,000  
               households per year in which children were present,  
               potentially exposing approximately 916,000 children to  
               violence in their homes every year.

          (Report to the California Attorney General from the Task Force  
          on Local Criminal Justice Response to Domestic Violence, Keeping  
          the Promise:  Victim Safety and Batterer Accountability (June  
          2005) (footnotes omitted).)  

          According to data provided by the author, in 2008 there were 113  
          murders from intimate partner violence in California; 99 women  
          in California were killed by their husbands, ex-husbands or  
          boyfriends; and 14 men were killed by their wives, ex-wives or  
          girlfriends; and California law enforcement received over  
          165,000 domestic violence calls - over 65,000 involved weapons,  
          including guns and knives. 

           Domestic Violence Shelters Provide Critical Services to Victims  
          and Their Children  :  In order to qualify for the marriage  
          license special fees, a domestic violence shelter must provide  
          critical services to victims and their children, including: (a)  








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          24 hour/7 day a week shelter services; (b) a 24-hour a day  
          hotline for crisis calls; (c) temporary housing and food  
          facilities; (d) psychological support and peer counseling; (e) a  
          drop-in center to assist victims; and (f) arrangements for  
          school-age children to continue their education during their  
          stay at the domestic violence shelter-based program.  In  
          addition, to the extent possible, and in conjunction with  
          already existing community services, the shelter must provide  
          victims with medical care, legal assistance, psychological  
          support and counseling, and information regarding other  
          available social services.  These important services require  
          considerable resources.

           This Bill Allows Counties to Increase Marriage License Fees by  
          $10 in Order to Help Fund Domestic Violence Shelters  :  Today the  
          marriage license fee includes a statewide $23 fee to help fund  
          domestic violence shelter-based programs.  That fee began in  
          1980 and was last increased by $6 in 1993.  (SB 3 (Presley),  
          Chap. 420, Stats. 1993.)  According to information from the  
          author and the bill's supporters, the current fees are not  
          sufficient to meet the needs of  victims of domestic violence  
          and their families, with shelters turning away 44,000 adult  
          victims in the last six years because the shelters were full.   
          While not requiring that the fee be increased, this bill allows  
          county boards of supervisors to increase the fee to $33 in order  
          to better meet the needs of victims of domestic violence.  This  
          $10 optional fee increase almost keeps pace with inflation.

           This Bill Also Clarifies How Domestic Violence Shelters Can be  
          Funded Under the Special Marriage License Fee Program  :  This  
          bill also makes three relatively minor changes in how the  
          domestic violence marriage license fees are to be used.  First,  
          existing law requires that in order to be funded, existing or  
          proposed domestic violence shelters have to provide the specific  
          services, discussed above.  This bill limits it so that only  
          existing shelters can qualify for funding.  

          Second, existing law allows counties to fund shelters in  
          geographically adjacent counties.  In order to ensure that  
          shelters are available and providing services to residents of  
          all counties, this bill requires that before a county can fund a  
          shelter in another county, the funding county must first fund  
          all domestic violence shelter-based programs within the county  
          borders that meet the funding requirements.  Additionally, the  
          funding county can only fund shelters outside that county if  








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          those shelters provide services to residents of the funding  
          county.  This provision should help ensure that residents of all  
          counties are able to access shelters.

          Finally, the bill clarifies how the RFQ process works for  
          domestic violence shelters seeking marriage license fee funding.  
           Current law requires that counties use an RFQ process to  
          determine if shelters are qualified to receive funding, but  
          otherwise is silent as to what is meant by that process.  This  
          bill clarifies that the RFQ process involves only a  
          determination of whether a shelter qualifies for the funding by  
          providing the required services.  If a shelter qualifies, it  
          has, under this bill, completed the RFQ process.  The bill  
          specifically provides that the RFQ process is not meant to be a  
          competitive bidding process.

           Technical Amendment  :  This bill inadvertently left out one of  
          four counties with an existing domestic violence prevention and  
          intervention program.  The author rightly proposes to add in the  
          missing county to the list of those that currently have that  
          domestic violence program.  This technical amendment is  
          accomplished by the following:

          On page 4, line 18, after "Solano County," insert: "Sonoma  
          County,"

           ARGUMENTS IN SUPPORT  :  This bill is supported by over 50 law  
          enforcement, community and domestic violence organizations who  
          note that reductions in pubic and private funding, and a  
          significant increase in the demand for services, has forced  
          shelters to reduce core services and eliminate non-funded  
          services to survivors of violence and their children.  Without  
          additional funds, more and more victims of domestic violence and  
          their children will be turned away due to lack of resources.   
          While the fee increase permitted by the bill will not make up  
          for lost state funding, it should help shelters provide core  
          services to families escaping violence.

           ARGUMENTS IN OPPOSITION  :  This bill is opposed by the Stop  
          Hidden Taxes Coalition, who argues that that the fee increase is  
          in reality a tax increase that requires approval by a two-thirds  
          public vote, and, therefore, violates the state constitution.

          While a tax does indeed require a two-thirds vote of the  
          Legislature or of local voters, a bona fide regulatory fee does  








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          not.  The California Supreme Court laid out the distinction  
          between a fee and a tax in Sinclair Paints v. Board of  
          Equalization (1997) 15 Cal.4th 866.  In that case, the Court  
          found that a fee assessed on paint manufacturers under the  
          Childhood Lead Poisoning Prevention Act of 1991 was properly a  
          bona fide regulatory fee designed to mitigate the effects of  
          lead poisoning and not a tax.  In order to be classified as a  
          regulatory fee and not a tax, the court held that the fee must  
          not exceed the reasonable cost of providing the services  
          necessary for which the fee is charged, and must not be levied  
          for an unrelated revenue purpose.   

          Following the first prong of the Sinclair Paints test, this bill  
          provides that fees from the program can only be used for  
          specific domestic violence shelter-based programs.  Thus, the  
          fees cannot exceed the reasonable cost of the services for which  
          the fee is charged.  Moreover, there is no suggestion that the  
          fees charged are in excess of the cost of providing the  
          specified services.

          Under the second prong of the Sinclair Paints test, the fee must  
          be levied for a related purpose.  Here, the nexus between the  
          fee and the services it funds is quite simple - domestic  
          violence requires an intimate relationship, most notably  
          marriage.  

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California Partnership to End Domestic Violence (sponsor)
          A Safe Place 
          African Community Resource Center 
          Antelope Valley Domestic Violence Council 
          Asian Women's Shelter 
          Association for Los Angeles Deputy Sheriffs
          California Narcotic Officers Association
          California Peace Officers Association
          California Police Chiefs Association
          Center for a Non Violent Community
          Center for Judicial Excellence
          Center for Violence-Free Relationships 
          Central California Family Crisis Center 
          City and County of San Francisco
          City of Los Angeles








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          Community Overcoming Relationship Abuse
          Community Solutions
          Crime Victims United 
          Domestic Violence & Sexual Assault Coalition 
          Family Violence Law Center 
          House of Ruth 
          HR BizPartners LLC
          Human Response Network 
          Interface Children Family Services 
          La Casa de las Madres
          Laura's House 
          Marjaree Mason Center 
          Marin Abused Women's Services
          Napa Emergency Women's Services
          National Association of Social Workers - California Chapter
          National Council of Jewish Women
          Next Door Solutions to Domestic Violence
          Peace Officers Research Association of California
          Project Sanctuary 
          Rainbow Services 
          Riverside Sheriffs' Association
          San Francisco Department on the Status of Women 
          Shasta County Department of Mental Health
          Shasta Women's Refuge
          South Bay Community Services
          South Lake Tahoe Women's Center
          STAND! Against Domestic Violence 
          Tahoe Women's Services 
          Tri-Valley Haven 
          Vietnamese Youth Development Center
          WOMAN, Inc.
          Women's Center - High Desert, Inc. 
          Women's Crisis Support - Defensa de Muejeres 
          Women Organized to Make Abuse Nonexistent 
          YWCA of Glendale
          Three individuals

           Opposition 
           
          Stop Hidden Taxes Coalition
           
          Analysis Prepared by  :  Leora Gershenzon / JUD. / (916) 319-2334