BILL ANALYSIS
AB 1712
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1712 (Hancock)
As Amended June 29, 2005
Majority vote
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|ASSEMBLY: |45-31|(May 19, 2005) |SENATE: |22-13|(August 22, |
| | | | | |2005) |
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Original Committee Reference: JUD.
SUMMARY : Seeks to authorize the City of Berkeley to increase
the fees for copies of specified records in order to assist in
domestic violence prevention. Specifically, this bill :
1)Authorizes the Berkeley City Council, upon making specified
findings and declarations, to increase the fees for certified
copies of birth certificates, fetal death records and death
records by up to $2, with further increases permitted on an
annual basis, based on the Consumer Price Index (CPI) for the
San Francisco metropolitan area for the preceding year.
2)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.
3)Requires the Berkeley City Counsel to report to the Judiciary
Committees of the Legislature on the program by July 1, 2009.
4)Provides that the authorization for the fee increases will
sunset on January 1, 2010.
The Senate amendments delete marriage certificates from the fee
increase for the City of Berkeley and require the report to the
Legislature set forth in #3, above.
EXISTING LAW :
1)Sets forth the fees to be charged for certified copies of
marriage records, birth certificates, fetal death records and
death records.
AB 1712
Page 2
2)Authorizes the Alameda County Board of Supervisors, upon
making specified findings and declarations, to increase the
fees, until January 1, 2010, for marriage licenses and for
certified copies of marriage certificates, birth certificates,
fetal death record and death records by up to $2, with
possible increases based on the CPI, with the fees used for
governmental oversight and coordination of domestic violence
and family violence prevention, intervention and prosecution
efforts.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar,
except as set forth above.
FISCAL EFFECT : None
COMMENTS : The Berkeley City Council, the sponsor of this bill,
seeks authorization to raise fees for certified copies of birth
certificates and death records. This bill is a clean up to AB
2010 (Hancock), Chapter 830, Statutes of 2004, that permits
Alameda and Solano Counties to raise fees, until 2010, for
certified copies of marriage certificates, birth certificates
and death records by up to $2, in order to fund governmental
oversight and coordination of that county's domestic violence
prevention, intervention and prosecution efforts.
The City of Berkeley, located within Alameda County, runs its
own Health Department and, as a result, provides certified
copies of birth certificates and death records. However, last
year's legislation only provided the fee increase to individuals
who purchased their records through the County, not the City.
This bill would clean-up a loophole in last year's legislation
by allowing the Berkeley City Council to charge the additional
$2 for records sold by the City and have the additional funds be
used for purposes of domestic violence prevention, intervention,
and prosecution efforts regarding domestic violence. Like last
year's bill, the additional $2 fee will sunset on January 1,
2010.
The money raised by the City of Berkeley would be placed in a
special fund to provide for oversight and coordination of
domestic violence prevention, intervention and prosecution
efforts in Alameda County. These efforts include coordination
among the court system, the district attorney's office, the
public defender's office, law enforcement, the probation
AB 1712
Page 3
department, mental health, substance abuse, child welfare
services, adult protective services, and other agencies and
community based organizations. This bill authorizes a fee
increase of up to $2, with further increases permitted on an
annual basis, using the CPI for the San Francisco metropolitan
area.
In support of this bill, the author argues that last year's
legislation only applied to individuals purchasing copies of
records through Alameda County:
For individuals residing in Berkeley, and who
purchase their marriage certificate, birth, or death
records through the city, the statute does not apply.
This bill would remedy that situation by
specifically authorizing the Berkeley City Council to
participate in the pilot program to provide oversight
and coordination of domestic violence prevention and
intervention efforts.
There is a lack of coordination and oversight among
the many entities involved in domestic violence.
This lack of coordination leads to duplicative
efforts and prevents local agencies from effective
oversight of domestic violence related programs. In
addition, existing domestic violence related funds
are prohibited from being used for anything other
than direct services. This bill would allow the City
of Berkeley to increase fees for birth and death
certificates to fund oversight and coordination of
domestic violence efforts.
Analysis Prepared by : Leora Gershenzon / JUD. / (916)
319-2334
FN: 0011784