BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 662|
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UNFINISHED BUSINESS
Bill No: SB 662
Author: Yee (D), et al
Amended: 6/21/10
Vote: 21
SENATE FLOOR : Not relevant
ASSEMBLY FLOOR : 49-27, 06/28/10 - See last page for vote
SUBJECT : Domestic violence: marriage license fees
SOURCE : California Partnership to End Domestic Violence
DIGEST : This is a new bill. The provisions as it left
the Senate dealing with horse racing and parimutual
wagering was deleted in the Assembly.
This bill now 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.
Assembly Amendments (1) deleted prior version and now
constitutes the bill, and (2) added co-authors.
ANALYSIS :
Existing law
1. Establishes a $23 fee that must be collected at the time
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of issuance of a marriage license to be used, by way of
a special fund, to fund domestic violence shelter-based
programs.
2. Requires domestic violence shelter-based programs that
receive the special funds in 1) above 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.
3. Requires that all proposed and existing domestic
violence shelter-based programs that meet the
requirements in #2) above must receive the marriage
license fees special funding, upon approval by the local
board of supervisors.
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.
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.
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.
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.
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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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/9/10)
Statewide/National Organizations
California Commission on the Status of Women
California Narcotic Officers Association
California Partnership to End Domestic Violence
California Peace Officers Association
California Police Chiefs Association
Center for Judicial Excellence
Community Overcoming Relationship Abuse
Crime Victims United of California
International Council of California
National Association of Social Workers
National Council of Jewish Women
Peace Officers Research Association of California
Local
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Association for Los Angeles Deputy Sheriffs
City and County of San Francisco
City of Los Angeles
Riverside Sheriffs Association
Local/Regional Service Organizations
A Safe Place (Oakland)
African Community Resource Center (Los Angeles)
Antelope Valley Domestic Violence Council (Northern Los
Angeles County)
Asian Women's Shelter (San Francisco)
Center for Violence-Free Relationships (El Dorado County)
Center for a Non Violent Community (Sonora)
Central California Family Crisis Center (Porterville)
Community Solutions (South Santa Clara County and San
Benito County)
Department on the Status of Women (City and County of San
Francisco)
Domestic Violence & Sexual Assault Coalition (Nevada
County)
Family Violence Law Center (Alameda County)
House of Ruth (Claremont)
Human Response Network (Trinity County)
Interface Children Family Services (Camarillo)
La Casa de las Madres (San Francisco)
Laura's House (South Orange County)
Law Office of Tania L. Whiteleather (Lakewood)
Marajee Mason Center (Fresno)
Marin Abused Women's Services
Napa Emergency Women's Services
Next Door Solutions to Domestic Violence (Santa Clara
County)
Project Sanctuary (Ukiah & Fort Bragg)
Rainbow Services (San Pedro)
Shasta County Department of Mental Health
Shasta Women's Refuge
South Bay Community Center
South Lake Tahoe Women's Center
STAND! Against Domestic Violence (Concord, Antioch,
Richmond)
Tahoe Women's Services (North Lake Tahoe and Trukee areas)
Tri-Valley Haven (Livermore, Pleasanton, Dublin)
Vietnamese Youth Development Center
Women's Center - High Desert, Inc. (East Kern County)
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Women's Crisis Support - Defensa de Muejeres (Santa Cruz
County)
Women Organized to Make Abuse Nonexistent (San Francisco)
YWCA of Glendale
OPPOSITION : (Verified 8/9/10)
Howard Jarvis Taxpayers Association
Stop Hidden Taxes Coalition
ARGUMENTS IN SUPPORT : The author's office states, "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 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
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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."
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 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.
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Bass, Beall, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Coto, Davis, De La Torre, De
Leon, Eng, Evans, Feuer, Fong, Fuentes, Furutani,
Galgiani, Gatto, Hall, Hayashi, Hernandez, Hill, Huffman,
Jones, Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning,
Nava, V. Manuel Perez, Portantino, Ruskin, Salas,
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Saldana, Skinner, Solorio, Swanson, Torlakson, Torres,
Yamada, John A. Perez
NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
Blakeslee, Conway, Cook, DeVore, Fletcher, Fuller,
Gaines, Garrick, Gilmore, Hagman, Harkey, Huber,
Jeffries, Knight, Logue, Miller, Nestande, Niello,
Nielsen, Norby, Silva, Audra Strickland, Tran
NO VOTE RECORDED: Smyth, Torrico, Villines, Vacancy
RJG:do 8/9/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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