Amended in Senate April 6, 2015

Senate Bill No. 740

Introduced by Senator McGuire

February 27, 2015

begin delete An act to amend Section 59111 of the Food and Agricultural Code, relating to agriculture. end delete begin insert An act to add and repeal Section 26840.13 of the Government Code, to add and repeal Section 103628.2 of the Health and Safety Code, and to add and repeal Section 18309.6 of the Welfare and Institutions Code, relating to domestic violence. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 740, as amended, McGuire. begin delete California Marketing Act of 1937: marketing orders: notice. end delete begin insert Vital records: fees: domestic violence. end insert

begin insert

Existing law requires the collection of fees for issuing marriage licenses and for providing certified copies of vital records, including marriage certificates, birth certificates, fetal death records, and death records. Existing law provides for the establishment of county domestic violence program special funds for the purpose of funding local domestic violence programs. Certain fees payable at the time a marriage license is issued may be collected by the county clerks for deposit into these funds.

end insert begin insert

Existing law authorizes the Alameda County Board of Supervisors and the Solano County Board of Supervisors, upon making certain findings and declarations, to authorize an increase in the fees for marriage licenses and confidential marriage licenses, up to a maximum increase of $2. Existing law authorizes those boards of supervisors, upon making certain findings and declarations, to authorize an increase in the fees for certified copies of certain vital records, up to a maximum increase of $2. Existing law authorizes those boards of supervisors to make further increases in those fees each year, as specified. Existing law requires these fees to be allocated for purposes relating to domestic violence prevention, intervention, and prosecution.

end insert begin insert

This bill would, until January 1, 2021, provide the same authorization to increase fees for marriage licenses and certain vital records to the Sonoma County Board of Supervisors, and would require those fees to be allocated for purposes relating to domestic violence prevention, intervention, and prosecution. The bill would require the Sonoma County Board of Supervisors to submit to the Assembly and Senate Committees on Judiciary preliminary reports by July 1, 2019, and final reports by July 1, 2020, regarding the fee increase for marriage licenses, as specified.

end insert begin insert

This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Sonoma.

end insert begin delete

Existing law provides for the California Marketing Act of 1937 governing the marketing of commodities in this state. Under the act, the Secretary of Food and Agriculture is authorized to issue marketing orders and enter into marketing agreements, as specified. Existing law requires, upon the issuance of any order that makes effective a marketing order or marketing agreement, or any suspension, amendment, or termination of a marketing order or marketing agreement, a notice of the issuance to be posted on a public bulletin board maintained by the secretary in his or her office. Existing law also requires the secretary to mail a copy of the notice to specified persons, including a person that files a written request for the notice, as specified.

end delete begin delete

This bill would require the secretary to also post the notice on the Department of Food and Agriculture’s Internet Web site and would additionally require the secretary to mail a copy of the notice to a person that files an electronic request for the notice. The bill would make various nonsubstantive changes.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 26840.13 is added to the end insert begin insert Government
Code end insert begin insert , to read: end insert

begin insert

begin insert 26840.13. end insert   

(a) The Sonoma County Board of Supervisors, upon
making findings and declarations on the need for governmental
oversight and coordination of the multiple agencies dealing with
domestic violence, may authorize an increase in the fees for
marriage licenses and confidential marriage licenses, up to a
maximum increase of two dollars ($2).

(b) Effective July 1 of each year, the Sonoma County Board of
Supervisors may authorize an increase in these fees by an amount
equal to the increase in the Consumer Price Index for the San
Francisco metropolitan area for the preceding calendar year,
rounded to the nearest one-half dollar ($0.50). The fees shall be
allocated pursuant to Section 18309.6 of the Welfare and
Institutions Code.

(c) In addition to the fee prescribed by Section 26840.1, in
Sonoma County, the person issuing authorization for the
performance of a marriage or confidential marriage, or the county
clerk upon providing a blank authorization form pursuant to Part
4 (commencing with Section 500) of Division 3 of the Family Code,
shall collect the fees specified in subdivisions (a) and (b), at the
time of providing the authorization.

(d) The Sonoma County Board of Supervisors shall submit to
the Assembly and Senate Committees on Judiciary a preliminary
report no later than July 1, 2019, and a final report no later than
July 1, 2020. Both reports shall contain the following information:

(1) The annual amounts 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.

(2) Outcomes achieved as a result of the activities associated
with the implementation of this section.

(e) This section 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.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 103628.2 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 103628.2. end insert   

(a) The Sonoma County Board of Supervisors, upon
making findings and declarations on the need for governmental
oversight and coordination of the multiple agencies dealing with
domestic violence, may authorize an increase in the fees for
certified copies of marriage certificates, fetal death records, and
death records, up to a maximum increase of two dollars ($2).

(b) Effective July 1 of each year, the Sonoma County Board of
Supervisors may authorize an increase in these fees by an amount
equal to the increase in the Consumer Price Index for the San
Francisco metropolitan area for the preceding calendar year,
rounded to the nearest one-half dollar ($0.50). The fees shall be
allocated pursuant to Section 18309.6 of the Welfare and
Institutions Code.

(c) In addition to the fees prescribed by statute, any applicant
for a certified copy of a marriage certificate, fetal death record,
or death record in Sonoma County shall pay an additional fee to
the local registrar, county recorder, or county clerk as established
by the Sonoma County Board of Supervisors pursuant to
subdivisions (a) and (b).

(d) This section 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.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 18309.6 is added to the end insert begin insert Welfare and Institutions
Code end insert begin insert , to read: end insert

begin insert

begin insert 18309.6. end insert   

(a) (1) The Sonoma County Board of Supervisors
shall direct the local registrar, county recorder, and county clerk
to deposit fees collected pursuant to Section 26840.13 of the
Government Code and Section 103628.2 of the Health and Safety
Code into a special fund.

(2) The county may retain up to 4 percent 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. Proceeds from the fund shall 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
services, substance abuse services, child welfare services, adult
protective services, and community-based organizations and other
agencies working in Sonoma County in order to increase the
effectiveness of prevention, early intervention, and prosecution of
domestic and family violence.

(b) This section 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.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert begin insert

The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because of the unique circumstances in the County
of Sonoma with respect to domestic violence.

end insert

begin delete

SECTION 1.  

Section 59111 of the Food and Agricultural Code
is amended to read:

59111.  

(a) Upon the issuance of any order that makes effective
a marketing order or marketing agreement, or any suspension,
amendment, or termination of a marketing order or marketing
agreement, a notice of the issuance shall be posted on a public
bulletin board maintained by the secretary in his or her office. The
secretary shall also post the same notice of issuance on the
department’s Internet Web site. A marketing order or marketing
agreement, or any suspension, amendment, or termination of it,
shall not become effective until five days after the date of the
posting in the secretary’s office or on the department’s Internet
Web site, whichever occurs first. The secretary shall also mail a
copy of the notice to every person that is directly affected by the
terms of the marketing order or marketing agreement, suspension,
amendment, or termination, whose name and address is on file in
the office of the secretary, and to every person that files in the
office of the secretary a written or electronic request for the notice.

(b) This section shall not apply to the termination of any
marketing order or marketing agreement under Section 59087.

end delete