BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1712|
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THIRD READING
Bill No: AB 1712
Author: Hancock (D)
Amended: 6/29/05 in Senate
Vote: 21
SENATE LOCAL GOVERNMENT COMMITTEE : 6-3, 7/13/05
AYES: Kehoe, Kuehl, Machado, Perata, Soto, Torlakson
NOES: Cox, Ackerman, McClintock
ASSEMBLY FLOOR : 45-31, 5/19/05 - See last page for vote
SUBJECT : Domestic violence
SOURCE : City of Berkeley
DIGEST : This bill adds the City of Berkeley to Alameda
County's pilot program regarding the oversight and
coordination of domestic violence programs It authorizes
the City of Berkeley to increase its fees for certified
copies of birth certificates, fetal death records and death
records by up to $2, and authorizes an annual increase in
those fees by an amount equal to the increase in the
Consumer Price Index for the San Francisco metropolitan
area. This bill requires the City of Berkeley to direct
the local registrar to deposit those fees into a special
fund to be used for governmental oversight and coordination
of a variety of domestic violence and family violence
prevention and intervention efforts. The City may retain
up to four percent of the funds for administrative costs.
CONTINUED
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This bill also requires the City of Berkeley to submit a
report no later than July 1, 2009, to the Senate and
Assembly Committees on Judiciary containing information on
the amount of funds received and spent and the outcomes
achieved as a result of this program. This bill contains
provisions explaining why special legislation is necessary
and includes a sunset date of January 1, 2010.
ANALYSIS : Existing law authorizes counties to charge
fees when they issue marriage licenses or provide certified
copies of birth certificates and death records. Counties
are required to add on to their marriage license fees to
fund domestic violence centers. The additional amount has
increased over time and was last raised to $23 (SB 5,
Presley, Chapter 420, Statutes of 1993).
In 2001, the Legislature authorized a pilot program in
Contra Costa County, allowing the County to provide
governmental oversight and coordination of domestic
violence prevention, intervention, and prosecution efforts
within the county. The County must make findings and
declarations about the need for oversight and coordination
and may increase fees by a maximum of $2 for marriage
licenses and on certified copies of marriage certificates,
birth certificates, fetal death records, and death records
to fund the program. The County must deposit the fees into
a special county fund and may increase the fees each year
by the Consumer Price Index. The County must provide a
report to the Assembly and Senate Judiciary Committees by
July 1, 2006 on the outcomes achieved and the amount of
funds received and spent. The program sunsets on January
1, 2007 (SB 425, Torlakson, Chapter 90, Statutes of 2001).
Contra Costa County raised its fee by $1.50 in 2002 for
certified copies of birth certificates, death, and fetal
death records only (not marriage certificates). It
collected about $140,000 per year in 2002 and 2003. It
raised its fee to $2 in 2004 and collected about $190,000.
The County's Zero Tolerance for Domestic Violence program's
second annual report specified many improved outcomes
resulting from SB 425's oversight and coordination
activities.
The Legislature authorized similar programs in Alameda and
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Solano Counties last year. Like Contra Costa's program,
the counties are required to make findings about the need
for oversight and coordination and are allowed to increase
fees for marriage licenses and certified copies of birth
certificates, fetal death, and death records by up to $2.
The counties must deposit the money into special county
funds, but can retain up to four percent for administrative
costs. They may increase the fees annually by the Consumer
Price Index. The counties must report to the Legislative
Judiciary Committees by July 1, 2009. The programs sunset
on January 1, 2010 (AB 2010, Hancock, Chapter 830, Statutes
of 2004).
The City of Berkeley, located in Alameda County, is one of
only a handful of cities in the state that operates its own
public health department and is the only city that offers a
full range of public health services. Accordingly, the
City runs its own domestic violence programs and maintains
birth certificates, fetal death, and death records for city
residents. Copies of these records can be purchased from
both the City and the County. Last year's AB 2010 applies
to Alameda County but not the City of Berkeley. Berkeley
would like to provide oversight and coordination of its
domestic violence programs under the same terms and
conditions that apply to Alameda County.
This bill adds the City of Berkeley to Alameda County's
pilot program regarding the oversight and coordination of
domestic violence programs.
This bill:
1.Authorizes the City of Berkeley, upon making findings and
declarations of the need for governmental oversight and
coordination of domestic violence agencies, to increase
its fees for certified copies of birth certificates,
fetal death records and death records by up to $2.
2.Allows the City of Berkeley to authorize an annual
increase in those fees by an amount equal to the increase
in the Consumer Price Index for the San Francisco
metropolitan area.
3.Requires the City of Berkeley to direct the local
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registrar to deposit those fees into a special fund to be
used for governmental oversight and coordination of a
variety of domestic violence and family violence
prevention and intervention efforts. The City may retain
up to four percent of the funds for administrative costs.
4.Requires the City of Berkeley to submit a report no later
than July 1, 2009, to the Senate and Assembly Committees
on Judiciary containing information on the amount of
funds received and spent and the outcomes achieved as a
result of this program.
5.Contains provisions explaining why special legislation is
necessary and includes a sunset date of January 1, 2010.
Comments
Last year the Legislature authorized a pilot program
allowing Alameda County to raise fees to fund the oversight
and coordination of its domestic violence programs. The
City of Berkeley provides some of its own programs, but was
left out of the pilot program. Recognizing the importance
of complete coordination, this bill authorizes the City of
Berkeley to participate in the county experiment. The City
is bound by the same fee restrictions, reporting
requirements, and sunset date as the county.
Effective February 1, 2005, Alameda County increased its
fees on marriage licenses and certified copies of birth and
death records by $2 bringing its charges to $69 for
marriage licenses, $20 for certified copies of birth
certificates, and $15 for death records. The County
expects to collect $200,000 to $300,000 annually. The City
of Berkeley currently charges $15 for birth certificates
and $13 for death records. This bill increases those
charges to $17 and $15 respectively. The City expects it
would collect just under $100,000 from the increase.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/13/05)
City of Berkeley (source)
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Office of the Attorney General
ASSEMBLY FLOOR :
AYES: Arambula, Baca, Bass, Berg, Bermudez, Calderon,
Canciamilla, Chan, Chavez, Chu, Cohn, Coto, De La Torre,
Dymally, Evans, Frommer, Goldberg, Hancock, Jerome
Horton, Jones, Karnette, Klehs, Koretz, Laird, Leno,
Levine, Lieber, Matthews, Montanez, Mullin, Nation, Nava,
Negrete McLeod, Oropeza, Parra, Pavley, Ridley-Thomas,
Ruskin, Saldana, Salinas, Torrico, Vargas, Wolk, Yee,
Nunez
NOES: Aghazarian, Blakeslee, Bogh, Cogdill, Daucher,
DeVore, Emmerson, Harman, Haynes, Shirley Horton,
Houston, Huff, Keene, La Malfa, La Suer, Leslie, Maze,
McCarthy, Mountjoy, Nakanishi, Niello, Plescia, Richman,
Sharon Runner, Spitzer, Strickland, Tran, Umberg,
Villines, Walters, Wyland
NO VOTE RECORDED: Benoit, Garcia, Gordon, Liu
AGB:nl 7/14/05 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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