BILL NUMBER: AB 1712 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 16, 2005
AMENDED IN ASSEMBLY APRIL 11, 2005
INTRODUCED BY Assembly Member Hancock
FEBRUARY 22, 2005
An act to amend Section 103627 of , and to add and repeal
Section 103627.5 of, the Health and Safety Code and
, and to amend Section 18309 of the Welfare and
Institutions Code, relating to domestic violence.
LEGISLATIVE COUNSEL'S DIGEST
AB 1712, as amended, Hancock. Domestic violence.
Existing law authorizes the Alameda County Board of Supervisors,
upon making findings and declarations supporting 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
$2. Existing law authorizes the Alameda County Board of Supervisors
to authorize an increase in those fees each year. In addition to
those fees, existing law requires any applicant for a certified copy
of a birth certificate, a fetal death record, or death record in
Alameda County to pay an additional fee to the local registrar,
county recorder, or county clerk as established by the Alameda County
Board of Supervisors.
Existing law requires the Alameda County Board of Supervisors to
direct the local registrar, county recorder, and county clerk to
deposit the above fees into a special fund. Existing law authorizes
the county to retain up to 4% of the fund for administrative costs
and requires proceeds from the fund to be used for governmental
oversight and coordination of domestic violence and family violence
prevention, intervention, and prosecution efforts.
The above provisions of existing law remain in effect only until
January 1, 2010.
This bill would additionally authorize the City Council of the
City of Berkeley to authorize an increase in the fees within its
local health jurisdiction for certified copies of marriage
certificates, birth certificates, fetal death records, and death
records, up to a maximum increase of $2. The bill would also
authorize the city to authorize an increase in those fees each year
and to establish an additional fee that any applicant for a certified
copy of a birth certificate, a fetal death record, or death record
in the city must pay to the local registrar. The bill would require
the city to direct the local registrar to deposit the above fees into
a special fund, separate from the county's special fund, and would
authorize the city to retain up to 4% of the fund for administrative
costs.
This bill would require the City Council of the City of Berkeley
to submit a report to the Assembly Committee on Judiciary and the
Senate Committee on Judiciary, by no later than July 1, 2009,
containing designated information relating to the receipt and
expenditure of the authorized fees and domestic violence prevention,
intervention, and prosecution efforts in the city.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 103627 of the Health and Safety Code is amended
to read:
103627.
(a) (1) The Alameda County Board of
Supervisors and the City Council of the City of Berkeley
, upon making findings and declarations supporting 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, birth
certificates, fetal death records, and death records, up to a maximum
increase of two dollars ($2) in their respective local
health jurisdictions , in its local health
jurisdiction .
(2) The City Council of the City of
Berkeley, upon making findings and declarations supporting 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 birth certificates, fetal death records, and
death records, up to a maximum increase of two dollars ($2), in its
local health jurisdiction.
(b) Effective July 1 of each year, the Alameda County Board of
Supervisors and the City Council of the City of Berkeley 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 half-dollar ($0.50). The fees shall be disposed of pursuant
to the provisions of Section 18309 of the Welfare and Institutions
Code.
(c) In addition to the fees prescribed by subdivisions (a) and
(b), any applicant for a certified copy of a birth certificate, a
fetal death record, or death record in Alameda County or in the City
of Berkeley shall pay an additional fee to the local registrar,
county recorder, or county clerk, as applicable, as established by
the Alameda County Board of Supervisors or the City Council of the
City of Berkeley.
(d) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted statute
deletes or extends that date.
SEC. 2. Section 103627.5 is added to the
Health and Safety Code , to read:
103627.5.
If it elects to increase fees pursuant to Section 103627, the City
Council of the City of Berkeley shall submit a report to the
Assembly Committee on Judiciary and the Senate Committee on
Judiciary, by no later than July 1, 2009, that contains the following
information:
(a) The 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 city.
(b) Outcomes achieved as a result of the activities associated
with the implementation of Section 103627.
(c) This section shall remain in effect only until January, 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
SEC. 2
SEC. 3. Section 18309 of the Welfare and Institutions Code
is amended to read:
18309.
(a) The Alameda County Board of Supervisors shall direct the local
registrar, county recorder, and county clerk to deposit fees
collected pursuant to Section 26840.10 of the Government Code and
Section 103627 of the Health and Safety Code into a special fund. The
City Council of the City of Berkeley shall direct the local
registrar to deposit fees collected pursuant to Section 103627 of the
Health and Safety Code into a special fund that is separate from the
county's special fund. The county and city may retain up to 4
percent of their respective funds for administrative costs associated
with the collection and segregation of the additional fees and the
deposit of these fees into the special funds. Proceeds from the funds
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, substance abuse, child welfare services,
adult protective services, and community-based organizations and
other agencies working in Alameda 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,
2010, and as of that date is repealed, unless a later enacted statute
deletes or extends that date.