BILL ANALYSIS Ó
AB 1127
Page 1
ASSEMBLY THIRD READING
AB
1127 (Cooley)
As Amended April 6, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
| | | | |
| | | | |
|----------------+------+--------------------+----------------------|
|Local |5-3 |Gonzalez, Alejo, |Maienschein, Linder, |
|Government | |Chiu, Cooley, |Waldron |
| | |Holden | |
| | | | |
|----------------+------+--------------------+----------------------|
|Judiciary |7-3 |Mark Stone, Alejo, |Wagner, Gallagher, |
| | |Chau, Chiu, |Maienschein |
| | |Cristina Garcia, | |
| | |Holden, O'Donnell | |
| | | | |
| | | | |
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SUMMARY: Allows Sacramento County to increase fees by up to $4
for certified copies of marriage certificates, birth certificates,
fetal death records, and death records to fund domestic and family
violence prevention, intervention, and prosecution. Specifically,
this bill:
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1)Establishes the Sacramento County Zero Tolerance for Family
Violence and Human Trafficking Act.
2)Allows the Sacramento County Board of Supervisors (Board), upon
making findings and declarations for the need for governmental
oversight and coordination of the multiple agencies dealing with
domestic violence, to authorize an increase in the fees for
certified copies of marriage certificates, birth certificates,
fetal death records, and death records, up to a maximum increase
of $4.
3)Allows the Board, effective July 1 of each year, to authorize an
increase in these fees by an amount equal to the increase in the
California Consumer Price Index (CPI) for the preceding calendar
year, rounded to the nearest $0.50. The fees shall be allocated
pursuant to the provisions outlined in 7) through 9) below.
4)Requires an applicant for a certified copy of a marriage
certificate, birth certificate, a fetal death record, or death
record in Sacramento County to pay to the local registrar,
county recorder, or county clerk the fees established by the
Board pursuant to 2) and 3) above.
5)Requires the Board to submit to the Legislature, no later than
July 1, 2017, a report containing the following information:
a) The total annual amount of funds received and expended
from fee increases for the purpose of governmental oversight
and coordination of domestic violence prevention,
intervention, and prosecution efforts in the county; and,
b) Outcomes achieved as a result of the activities associated
with the Sacramento County Zero Tolerance for Family Violence
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and Human Trafficking Act.
6)Requires the report described above to be submitted in
compliance with existing law governing the process for
submitting reports to the Legislature.
7)Requires the Board to direct the local registrar, county
recorder, and county clerk to deposit fees collected pursuant to
the provisions described, above, into a special fund.
8)Requires proceeds from the fund to be used for governmental
oversight and coordination of domestic violence and family
violence prevention, intervention, and prosecution efforts 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 community-based organizations and other
agencies working in Sacramento County in order to increase the
effectiveness of prevention, early intervention, and prosecution
of domestic and family violence.
9)Allows Sacramento County to retain up to 4% of the fund for
administrative costs associated with the collection and
segregation of the additional fees and the deposit of these fees
into the special fund.
10)Makes the following findings and declarations:
a) Since 2005, over 150 individuals have died in homicides
related to domestic violence. This number includes children,
one as young as two years old;
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b) In 2013 alone, a total of 18,000 domestic violence-related
calls were reported by law enforcement entities within
Sacramento County, with over 4,000 adult cases arrested and
over 2,400 cases filed and prosecuted;
c) More than 21,000 crisis calls are made to the three
domestic violence shelter programs in Sacramento County every
year;
d) Domestic violence has many hidden costs. These costs
include exposing children to recruitment by human
traffickers. Currently in Sacramento, 76% of the children
screened by the juvenile court are found to be involved with,
or vulnerable for recruitment to, human trafficking have a
family history with child protective services, and 20% have
an open case with child protective services;
e) Sacramento has a high rate of human trafficking, and in
2013, the Federal Bureau of Investigation (FBI) Human
Trafficking Task Force, in a multiday sweep involving
Sacramento, rescued the sixth highest total of underage
trafficking victims in the country;
f) Domestic violence is ubiquitous, it cuts across all
economic and education levels, all age groups, ethnicities,
and other social and community characteristics;
g) Domestic violence is insidious, it is characterized by a
predictable, repetitious cycle that can result in injury or
death of victims, including children;
h) Domestic violence puts children at risk. Children in
homes where domestic violence occurs are physically abused or
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seriously neglected at a rate significantly higher than the
national average in the general population;
i) Domestic violence is learned and generational. Studies
show that boys who witness family violence are more likely to
batter their female partners as adults than boys raised in
nonviolent homes. Girls who witness their mothers' abuse
have higher rates of being battered as adults and it is often
a precursor to becoming a victim of human trafficking. Over
80% of victims of human trafficking either suffered abuse in
their homes or witnessed such abuse between parents;
j) Substance abuse is a significant factor contributing to,
although not necessarily a cause of, domestic violence. Many
domestic violence offenders have documented histories of
substance abuse or were under the influence of drugs or
alcohol at the time a felony crime was committed. Over 80%
of human trafficking victims had parents that abused
substances;
aa) Domestic violence is costly, both in human and
organizational terms. The results of domestic violence have
many hidden costs, such as job turnover, loss of
productivity, school absenteeism, low school performance, in
addition to the high cost of law enforcement, civil and
criminal justice, health services, mental health services,
substance abuse treatment, human services, and
community-based services;
bb) The domestic violence prevention, intervention, and
prosecution system is complex and multifaceted, spanning
civil, criminal, health, and social service sectors, and in
order to be effective, there must be an alignment in the
objectives, protocols, policies, and activities of each
sector; and,
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cc) A special law is necessary and a general law cannot be
made applicable within the meaning of California Constitution
Article IV, Section 16 because of the unique circumstances of
Sacramento County with respect to domestic violence and human
trafficking.
11)Provides that this bill shall remain in effect only until
January 1, 2021, and as of that date is repealed, unless a later
enacted statute that is enacted before January 1, 2021, deletes
or extends that date.
EXISTING LAW allows the following local jurisdictions to increase
fees for copies of marriage certificates, birth certificates,
fetal death records, and death records to fund governmental
oversight and coordination of domestic violence prevention,
intervention, and prosecution programs: the City of Berkeley
(birth and death records only) and the Counties of Alameda, Contra
Costa, Solano, Sonoma, and Stanislaus.
FISCAL EFFECT: None
COMMENTS:
1)Bill Summary. This bill allows Sacramento County to increase
fees by up to $4 for certified copies of marriage certificates,
birth certificates, fetal death records, and death records to
fund domestic and family violence prevention, intervention, and
prosecution. The Board must submit a report to the Legislature
by July 1, 2017, a report containing the following information:
a) The total annual amount of funds received and expended
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from fee increases for the purpose of governmental oversight
and coordination of domestic violence prevention,
intervention, and prosecution efforts in the county; and,
b) Outcomes achieved as a result of the activities associated
with the Sacramento County Zero Tolerance for Family Violence
and Human Trafficking Act.
This bill is sponsored by the Board and the Sacramento County
District Attorney.
2)Author's Statement. According to the author, "In 2013 alone, a
total of 18,000 domestic violence-related calls were reported by
law enforcement entities within Sacramento County. More than
21,000 crisis calls are made to the three domestic violence
shelter programs in Sacramento County every year.
"Domestic violence puts children at risk. Children in homes
where domestic violence occurs are physically abused or
seriously neglected at a rate significantly higher than the
national average. Children in these homes are more vulnerable
to recruitment to human traffickers. Currently, in Sacramento,
76 percent of children screened by the Juvenile Court and found
to be involved or vulnerable for recruitment to trafficking have
a family history with Child Protective Services (CPS). Twenty
percent have an open case with CPS.
"The domestic violence prevention, intervention, and prosecution
system is complex and multi-faceted. It spans the civil,
criminal, health and social service sectors. To ensure the
effectiveness of the efforts to address domestic violence in
these sectors, it is necessary to ensure that their objectives,
protocols, policies, and activities are aligned."
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3)Background. The Legislature has allowed the following local
jurisdictions to increase fees for copies of marriage
certificates, birth certificates, fetal death records, and death
records to fund governmental oversight and coordination of
domestic violence prevention, intervention, and prosecution
programs: the City of Berkeley (birth and death records only)
and the Counties of Alameda, Contra Costa, Solano, Sonoma, and
Stanislaus.
Contra Costa is allowed an increase of $4, while all other
jurisdictions are allowed a $2 increase. All jurisdictions may
approve additional increases based on the CPI for the San
Francisco metropolitan area. These programs were initially
established on a pilot basis and were made permanent after
submitting required reports on their effectiveness to the
Legislature (with the exception of Stanislaus County, which has
a sunset date of January 1, 2016).
This bill establishes in a nearly identical fashion the same
authority for Sacramento County, which estimates additional
revenue of $500,000 annually from the bill's authority.
Sacramento County's current fees for these records range from
$11 to $28, depending on the type or record requested and the
type of requestor (a government agency or a member of the
public). Sacramento County would like to use funds generated by
the fee increases to assist in establishing a Family Justice
Center.
4)Sacramento County Family Justice Center. According to
Sacramento County's Web site, "In 2011, the national Family
Justice Center Alliance chose Sacramento County to receive
initial funds to launch a Family Justice Center (FJC). The FJC
will be available to serve victims of family violence and sexual
assaults, including victims of marital and dating violence,
elder and child abuse and human trafficking. The FJC
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collaborative will include government agencies and community
based organizations working together with one central facility
where victims and their families can come to access almost all
services available in the county.
"Services will include immediate crisis intervention, safety
planning, social service eligibility, counseling, child
advocacy, emergency food and transportation, and many other
support services designed to keep them from falling back into
the hands of the accused. Services will be either housed at the
center or linked via video. Although there are currently 15
FJCs throughout California, the Sacramento center will be a
first-of-its-kind in the state because it will integrate
Sacramento State as a key partner. The center will provide
unique learning and research opportunities for both students and
faculty members."
5)Proposition 26 (2010). In the November 2010 election,
California voters approved Proposition 26, which amended the
California Constitution to expand the definitions of local taxes
and tax increases that require voter approval. Under
Proposition 26, any levy, charge, or exaction of any kind
imposed by a local government is a tax, requiring voter
approval, except for:
a) A charge for a benefit or privilege conveyed directly to
the payor and not conveyed to those not charged;
b) A charge for a service or product provided directly to the
payor and not provided to those not charged;
c) A fee to cover certain costs of regulation;
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d) Entrance fees for state or local property;
e) Fines imposed by a court or a local government;
f) A charge imposed as a condition of property development;
and,
g) Assessments and property-related fees governed by
Proposition 218 (1996).
It is not clear that local fees on vital records to fund the
coordination of domestic violence prevention efforts qualify as
fees under any of Proposition 26's exceptions. Instead, they
may be local special taxes, which must be approved by two-thirds
of voters before they can be added to the charges for copies of
vital records.
6)Policy Considerations. This bill establishes the Sacramento
County Zero Tolerance for Family Violence and Human Trafficking
Act. While the provisions of this bill are nearly identical to
existing programs for a handful of other local jurisdictions in
California, including the purposes for which funds generated by
increased fees must be allocated, the inclusion of human
trafficking in these statutes is new. While the prevention of
human trafficking is laudable, the Legislature may wish to
consider whether the statutes governing the authority of local
jurisdictions to increase fees for the support of programs
addressing domestic violence should include human trafficking in
the language.
7)Previous Legislation. AB 1852 (Campos) of 2012 would have
allowed a county board of supervisors, or a city council of a
city with a local registrar, to increase fees for certified
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copies of marriage certificates, birth certificates, fetal death
records, and death records by up to $5. AB 1852 was vetoed with
the following message:
Domestic violence and child abuse prevention programs
are well worth the investment of public funds, but
seeking a fee increase on vital records, when the fee is
already going up by $6 for some of these records, would
burden people of modest means.
AB 1770 (Galgiani), Chapter 578, Statutes of 2010, established a
similar domestic violence prevention funding pilot program in
Stanislaus County until January 1, 2016.
SB 635 (Wiggins), Chapter 356, Statutes of 2009, established a
similar domestic violence prevention funding pilot program in
Sonoma County until January 1, 2015. SB 154 (Wolk), Chapter
120, Statutes of 2011, repealed the sunset date, making the
program permanent.
SB 425 (Torlakson), Chapter 90, Statutes of 2001, established a
similar domestic violence prevention funding pilot program in
Contra Costa County. SB 968 (Torlakson), Chapter 635, Statutes
of 2006, repealed the sunset date, making Contra Costa's program
effective indefinitely.
AB 2010 (Hancock), Chapter 830, Statutes of 2004, established
the pilot programs in Alameda County and Solano County. AB 1712
(Hancock), Chapter 545, Statutes of 2005, authorized the City of
Berkeley, within Alameda County, to also participate in the
pilot program. AB 73 (Hayashi), Chapter 215, Statutes of 2009,
repealed the sunset date, making Alameda's and Berkeley's
programs effective indefinitely.
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8)Arguments in Support. The Board and the Sacramento County
District Attorney, sponsors of this bill, write, "Research done
by the Family Justice Center Alliance found that 'survivors?
benefitted from a comprehensive service approach that considered
the context of a safe and supportive environment, in an
all-in-one service approach that included the therapeutic and
legal needs of survivors, and individualized services that
emphasized emotional support and survivors getting the help they
need.'
"The service model contemplated in Sacramento County would serve
victims of not only domestic violence, but also family violence
including child abuse victims as well as survivors of human
trafficking. This comprehensive approach to service delivery is
vital to producing more positive outcomes and making the receipt
of services easier for victims.
"The family justice center model has seen significant successes
across the state. Since adopting this model, Alameda County has
had a 20 percent reduction in domestic violence case dismissals;
improved inter-agency collaboration; a dramatic reduction in
domestic violence homicides (from 31 in 2001 to 3 in 2007); and,
provided over 20,000 coordinated client services since opening.
Sacramento County wishes to be counted among these successes."
9)Arguments in Opposition. The Howard Jarvis Taxpayers
Association, in opposition, states, "While the purpose of this
tax - to provide a source of funding for domestic violence
programs - is laudable, the means to that end is flatly illegal
and will only engender expensive and protracted litigation. AB
1127, simply stated, violates Proposition 26? (which) lists a
series of five regulatory fee exemptions that allow levies to
not be termed tax increases. Of these, only one is really even
debatable. [California Constitution] Article XIII C, section
1(e)(3) exempts 'A charge imposed for the reasonable regulatory
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costs to a local government for issuing licenses and permits,
performing investigations, inspections, and audits,... and the
administrative enforcement and adjudication thereof.'
"This exemption is also inapplicable because the revenue from
the AB 1127 fee is not being used to regulate the payers of the
fee. There is no proof that marriage, for example (much less
birth or death) leads to domestic violence. In fact, the
opposite is true. Empirical studies show that married couples
are less likely candidates for domestic violence than persons in
unmarried relationships. Therefore, most payers will never be
covered by the funded programs.
"Moreover, local governments simply do not regulate marriages.
They do not conduct regulatory inspections or audits to enforce
rules on married households. The exemption was obviously
intended by voters to refer to regulated business activities,
not marriages. In sum, because of the lack of an appropriate
regulatory nexus, AB 1127 purports to authorize a special tax
without the requisite two-thirds vote."
Analysis Prepared by:
Angela Mapp / L. GOV. / (916) 319-3958 FN:
0000374