BILL ANALYSIS                                                                                                                                                                                                    






                             SENATE JUDICIARY COMMITTEE
                           Senator Ellen M. Corbett, Chair
                              2009-2010 Regular Session


          SB 1222 (Wolk)
          As Introduced
          Hearing Date: April 27, 2010
          Fiscal: No
          Urgency: No
          KB:jd
                    

                                        SUBJECT
                                           
              Marriage Licenses: Vital Records: Fees: Domestic Violence

                                     DESCRIPTION  

          This bill would, until January 1, 2014, authorize Solano County,  
          upon making specified findings and declarations, to increase  
          fees for marriage licenses, certified copies of marriage  
          certificates, fetal death records, and death records, up to a  
          maximum of $2.  This bill would require these funds to be used  
          for governmental oversight and coordination of domestic violence  
          and family violence prevention, intervention, and prosecution  
          efforts.  

                                      BACKGROUND  

          AB 2010 (Hancock, Chapter 830, Statutes of 2004) authorized the  
          Counties of Alameda and Solano to raise the fees for marriage  
          licenses and for certified copies of vital records.  The money  
          raised is placed in a special fund in each county to provide for  
          oversight and coordination of domestic violence prevention,  
          intervention, and prosecution efforts in each respective county.  
           These efforts include coordination 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  
          other agencies and community-based organizations in the  
          counties.  AB 2010 authorized a fee increase of up to $2 for  
          each county, with further increases permitted on an annual  
          basis, using the Consumer Price Index (CPI) for the San  
          Francisco metropolitan area.  AB 2010 contained a sunset of  
          January 1, 2010, and required a report on each county's program  
                                                                (more)



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          to the Legislature by July 1, 2009. 

          The following year, AB 1712 (Hancock, Chapter 545, Statutes of  
          2005) authorized the City of Berkeley to also increase the fees  
          for certified copies of vital records by up to $2.  The City of  
          Berkeley, located in Alameda County, operates its own public  
          health department and offers a full range of public health  
          services.  Accordingly, Berkeley runs its own domestic violence  
          programs and maintains birth certificates, fetal death, and  
          death records for its residents.  AB 1712 allowed the City of  
          Berkeley to provide oversight and coordination of its domestic  
          violence programs under the same terms and conditions that apply  
          to the rest of Alameda County.  AB 1712 also contained a sunset  
          of January 1, 2010.

          Last year, AB 73 (Hayashi, Chapter 215, Statutes of 2009)  
          eliminated the sunset for the increased fee authorization in  
          Alameda County and the City of Berkeley and required that a  
          final report be filed with the Assembly and Senate Judiciary  
          Committees by July 1, 2014.  SB 635 (Wiggins, Chapter 356,  
          Statutes of 2009) extended the sunset for the pilot program in  
          Solano County for an additional year to January 1, 2011.  

          This bill would extend the sunset for the fee authorization  
          pilot program in Solano County until January 1, 2014.  

                                CHANGES TO EXISTING LAW
           
           Existing law  authorizes the Solano County Boards of Supervisors,  
          upon making specified findings and declarations, to increase the  
          fees for marriage licenses and confidential marriage licenses,  
          as well as certified copies of marriage, birth, and death  
          certificates, by up to $2, with further increases permitted on  
          an annual basis, based on the Consumer Price Index for the San  
          Francisco metropolitan area for the preceding year.  Existing  
          law provides that the authorization for the fee increases will  
          sunset on January 1, 2011.  (Gov. Code Secs. 26840.10, 26840.11;  
          Health & Saf. Code Secs. 103627, 103627.5, 103628.)

           Existing law  directs that these fees be deposited into a special  
          fund to be used for governmental oversight and coordination of  
          domestic violence and family violence prevention, intervention,  
          and prosecution efforts.  (Wel. & Inst. Code Secs. 18309,  
          18309.5.)

           Existing law  provides that the Solano County Board of  
                                                                      



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          Supervisors must submit to the Assembly and Senate Judiciary  
          Committees, by July 1, 2009, a report regarding such fee  
          increases.  The report must provide the amounts of fees received  
          and expended as well as the outcomes achieved as a result of the  
          expenditures.  (Gov. Code Secs. 26840.10, 26840.11; Health &  
          Saf. Code Sec. 103627.5.)

           This bill  would, until January 1, 2014, extend the authorization  
          for the Solano County Board of Supervisors to increase fees for  
          the purposes specified above.  

                                        COMMENT
           
           1.Stated need for the bill
           
          According to the author, the fees collected by the Solano County  
          Board of Supervisors through this pilot program are an important  
          source of domestic violence program funding for the county, and  
          are deposited into a fund to be used for the construction of a  
          Family Justice Center.  The author explains that Solano County  
          would like to continue this effort.

              2.   Shorter sunset more appropriate pending updated report

           Pursuant to 2010, Solano County was required to submit a report  
          to the Assembly and Senate Judiciary Committees by July 1, 2009  
          containing information regarding: (1) the annual amounts of  
          funds received and expended from fee increases for the purposes  
          of governmental oversight and coordination of domestic violence  
          prevention, intervention, and prosecution efforts in the county;  
          and (2) outcomes achieved as a result of the activities  
          associated with implementation of the pilot program.  Solano  
          County submitted its report last year, which outlined plans for  
          the construction and opening of a Family Justice Center, similar  
          to the one in Alameda County.  Alameda County's Family Justice  
          Center is funded, in part, through increased fees on marriage  
          certificates, and copies of vital records, currently authorized  
          by statute.  

          The Family Justice Center (FJC) model was originally developed  
          in San Diego, which opened a center in 2002.  The idea behind  
          the FJC model is to create a coordinated, single-point-of-access  
          center offering comprehensive services for victims of domestic  
          violence, thereby reducing the number of locations a victim must  
          visit in order to receive critical services.  The United States  
          Department of Justice, through its Office on Violence Against  
                                                                      



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          Women (OVW), has identified the Family Justice Center model as a  
          best practice in the field of domestic violence.  According to  
          the OVW, documented and public FJC outcomes include a reduction  
          in the rate of homicide; increased victim safety; improved  
          offender prosecution; reduced fear and anxiety for victims and  
          their children; increased efficiency among service providers  
          through the provision of collaborative victims; and increased  
          community support for the provision of services and their  
          children.  (Casey Gwinn and Gael Strack, Hope for Hurting  
          Families:  Creating Family Justice Centers Across America,  
          Volcano Press, 2006.)

          While the establishment of a Family Justice Center is a laudable  
          goal, the revenue raised thus far (as indicated in Solano  
          County's report) through the increased fees is not nearly  
          sufficient to fund the construction and operation of an FJC.   
          Solano County began collecting AB 2010 fees on January 1, 2005  
          and, as of last year, had approximately $284,500 in fund  
          balance.  According to a feasibility study conducted by Solano  
          County, the Family Justice Center Project will need another  
          $475,500 to cover operating and capital costs in the first year  
          of operation.  In addition, a minimum of $428,500 in resources  
          would be needed to operate the center on an annual basis.   
          However, the report lacks detail as to how Solano County plans  
          to leverage the funds currently in the account to obtain  
          additional funding for the FJC.  Further, if the funds are  
          currently being deposited into an account for the FJC, then  
          consequently, they are not currently being used for other  
          domestic violence prevention efforts.  In light of these  
          concerns, this Committee may wish to consider whether a shorter  
          sunset with a new report requirement is appropriate in order to  
          provide Solano County an opportunity to assess and demonstrate  
          whether the FJC is a feasible goal, and alternatively, what  
          other ways the funds will be used to accomplish the purposes set  
          forth in statute. 

             Suggested amendment  :

            On page 2, line 25, strike "2009" and insert "2011"
            On page 2, line 34, strike "2014" and insert "2012"
            On page 3, line 24, strike "2014" and insert "2012"
            On page 4, line 8, strike "2014" and insert "2012"

              3.   Opposition
           
          In opposition, the California Taxpayers' Association writes:
                                                                      



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            SB 1222 improperly defines this tax as a fee.  The feepayer in  
            this case bearing the burden for a program that benefits the  
            public at large ? [F]unds from this tax-like fee will go  
            toward mitigation of domestic violence.  Domestic violence is  
            apparent in many households, not just in married households.   
            Yet those who apply for marriage licenses must pay to mitigate  
            this societal problem.  Programs that mitigate general  
            societal problems are more properly funded with taxes, not  
            fees.

          A tax does require a two-thirds vote of the Legislature or of  
          local voters, however, a bona fide regulatory fee does not.   
          (Cal. Const. art. XIII , sec. 3.)  The California Supreme Court  
          laid out the distinction between a fee and a tax in Sinclair  
          Paint v. Board of Equalization (1997) 15 Cal.4th 866.  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.  

          Domestic violence affects families across all economic,  
          educational, age, and ethnic lines, and has spillover effects  
          that can impact the community as a whole.  As previously stated,  
          the fees that would be authorized pursuant to this bill would  
          specifically be used to fund governmental oversight and  
          coordination of domestic violence and family violence  
          prevention, intervention, and prosecution efforts.  The fees  
          would not be used for general revenue purposes, rather to assist  
          the county in providing services to individuals and families in  
          the community.  Further, there is no indication that the fees  
          levied pursuant to this bill are excessive.  Thus, it appears  
          that the fees authorized in this bill are regulatory fees, and  
          not special taxes.       

          Committee staff also notes that the fees authorized in this bill  
          and the specific uses of those fees are similar to the programs  
          in Contra Costa County, Alameda County, and the City of Berkeley  
          that the Legislature and the Governor made permanent in 2006 and  
          2009, respectively.  (SB 968 (Torlakson, Chapter 635, Statutes  
          of 2006); AB 79 (Hayashi, Chapter 215, Statutes of 2009).)

           Support  :  Solano County Board of Supervisors

           Opposition  :  California Taxpayers' Association

                                                                      



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                                        HISTORY
           
           Source  :  Author

           Related Pending Legislation  :  

          AB 1883 (Evans) would authorize, as a pilot program, county  
          boards of supervisors to increase specified fees to fund  
          domestic violence prevention programs and direct services.  This  
          bill is currently on the Assembly Floor.

          AB 1770 (Galgiani) would establish a similar domestic violence  
          prevention funding pilot program in Stanislaus County.  The bill  
          is currently in the Assembly Judiciary Committee.

          AB 2348 (Yamada) would establish a similar domestic violence  
          prevention funding pilot program in Yolo County.  The bill is  
          currently in the Assembly Judiciary Committee.

           Prior Legislation  :  See Background.

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