BILL ANALYSIS SB 662 Page 1 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, SB 662 Page 2 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 SB 662 Page 3 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 SB 662 Page 4 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 SB 662 Page 5 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) SB 662 Page 6 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 SB 662 Page 7 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 SB 662 Page 8 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 SB 662 Page 9 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