BILL NUMBER: AB 2084 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 21, 2006
INTRODUCED BY Assembly Member Karnette
FEBRUARY 16, 2006
An act to amend Sections 26840.7 and 26840.8 of the Government
Code, and to repeal and add Chapter 5 (commencing with Section 18290)
of Part 6 of Division 9 of the Welfare and Institutions Code,
relating to domestic violence.
LEGISLATIVE COUNSEL'S DIGEST
AB 2084, as amended, Karnette Domestic violence shelter-based
programs.
Existing law provides for the funding of county programs to assist
victims of domestic violence. Under existing law, a portion of each
fee paid at the time of issuance of a marriage license and of
authorization for the performance of a marriage is required to be
collected for deposit into the county domestic violence programs
special fund. Existing law requires the fees collected in the special
fund to be disbursed to approved domestic violence programs on a
yearly or more frequent basis.
Existing law sets forth the requirements applicable to counties
distributing funds to these programs, and also sets forth
eligibility, operation, and reporting requirements for the domestic
violence programs and centers to which funding is provided. When a
county lacks sufficient funds in the county domestic violence
programs special fund to finance basic domestic violence shelter
services, and community resources are not available, existing law
authorizes the county to finance one or more of those basic services.
This bill would redesignate the domestic violence programs and
centers as "domestic violence shelter-based programs." The bill would
recast and revise the requirements applicable to these programs and
to counties, including, among other provisions, revising the
definition of domestic violence for purposes of the bill, and
specifying that a domestic violence shelter-based program is required
to comply with the federal Americans with Disabilities Act.
This bill would limit a county's ability to require information
from domestic violence shelter-based programs funded by the bill, and
would prohibit a county from requiring information in a manner
inconsistent with the federal Violence Against Women Act.
This bill would identify the primary purpose of the process to
determine eligibility of a domestic violence shelter-based program
for funding is to ascertain that the program meets applicable service
requirements. It would specify that domestic violence shelter-based
programs funded under the bill would be authorized to use the funds
in an unrestricted manner, to provide and
that these funds may be used for both direct and indirect
services costs .
This bill would eliminate the authority of the county to fund
basic domestic violence program services when it lacks sufficient
funds in the domestic violence shelter-based program special fund and
community resources are not available.
By revising the duties applicable to counties providing funding to
domestic violence shelter-based programs, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 26840.7 of the Government Code is amended to
read:
26840.7. In addition to the fee prescribed by Section 26840 and
as authorized by Section 26840.3, the county clerk shall collect a
fee of twenty-three dollars ($23) at the time of issuance of the
license. The fee shall be disposed of by the clerk pursuant to
Chapter 5 (commencing with Section 18290) of Part 6 of Division 9 of
the Welfare and Institutions Code. Of this amount, four dollars ($4)
shall be used, to the extent feasible, to develop or expand domestic
violence shelter-based programs to target underserved areas and
populations.
SEC. 2. Section 26840.8 of the Government Code is amended to read:
26840.8. In addition to the fee prescribed by Section 26840.1 and
as authorized by Section 26840.3, the person issuing an
authorization for the performance of a marriage pursuant to Part 4
(commencing with Section 500) of Division 3 of the Family Code 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 a fee of twenty-three dollars ($23) at the time
of providing the authorization. The fee shall be disposed of pursuant
to Chapter 5 (commencing with Section 18290) of Part 6 of Division 9
of the Welfare and Institutions Code. Of this amount, four dollars
($4) shall be used, to the extent feasible, to develop or expand
domestic violence shelter-based programs to target underserved areas
and populations.
SEC. 3. Chapter 5 (commencing with Section 18290) of Part 6 of
Division 9 of the Welfare and Institutions Code is repealed.
SEC. 4. Chapter 5 (commencing with Section 18290) is added to Part
6 of Division 9 of the Welfare and Institutions Code, to read:
CHAPTER 5. THE DOMESTIC VIOLENCE SHELTER-BASED
PROGRAMS ACT THE DOMESTIC VIOLENCE SHELTER-BASED
PROGRAMS ACT
18290. The Legislature hereby finds and declares that there is a
present and growing need to develop innovative strategies and
services to ameliorate and reduce the trauma of domestic violence.
There are hundreds of thousands of persons in California who are
regularly beaten. abused. In many
cases, the acts of domestic violence lead to the death of one of the
involved parties. Victims of domestic violence come from all
socioeconomic classes and ethnic groups, though it is the poor who
suffer most from marital domestic
violence, since they have no immediate access to private counseling
and shelter for themselves and their children. Children, even when
they are not physically assaulted, very often suffer deep and lasting
emotional effects, and it is most often the children of
those parents who commit domestic violence that continue the cycle
and abuse their spouses. effects.
The Legislature further finds and declares that there is a high
incidence of death and injury sustained by law enforcement officers
in the handling of domestic disturbances. Police arrests for domestic
violence are low, and victims are reluctant to press charges or make
citizens arrests. Furthermore, instances of domestic violence are
considered to be the single most unreported crime in the state.
It is the intent of the Legislature to begin to explore and
determine ways of achieving reductions in serious and fatal injuries
to the victims of domestic violence and begin to clarify the
problems, causes, and cures of domestic violence. In order to achieve
these results, it is the intent of the Legislature that the state
shall support projects in several areas throughout the state for the
purpose of aiding victims of domestic violence by providing them a
place to escape the destructive environment.
18291. For purposes of this chapter:
(a) "Domestic violence" means abuse committed against an adult or
a minor who is a spouse, former spouse, cohabitant, former
cohabitant, or person with whom the suspect has had a child or is
having or has had a dating or engagement relationship.
(b) "Cohabitant" means two unrelated adult persons living together
for a substantial period of time, resulting in some permanency of
relationship. Factors that may determine whether persons are
cohabiting include, but are not limited to, all of the following:
(1) Sexual relations between the parties while sharing the same
living quarters.
(2) Sharing of income or expenses.
(3) Joint use or ownership of property.
(4) Whether the parties hold themselves out as husband and wife.
(5) The continuity of the relationship.
(6) The length of the relationship.
18293. (a) In order to be eligible for funding pursuant to this
chapter, a domestic violence shelter-based program shall demonstrate
its ability to receive and make use of any funds available from
governmental, voluntary, philanthropic, or other sources that may be
used to augment any state or county funds appropriated for the
purposes of this chapter. Each domestic violence shelter-based
program shall make every attempt to qualify the domestic violence
shelter-based program for any available federal funding.
(b) No provision of this section is intended to prohibit domestic
violence shelter-based programs receiving funds pursuant to this
chapter from receiving additional funds from any other public or
private source. Funds provided pursuant to this chapter shall not be
used to reduce the financial support from other public or private
sources.
(c) Proposed or existing domestic violence shelter-based programs
that meet the requirements set forth in Section 18294, shall receive
funding pursuant to this chapter upon the approval of the local board
of supervisors.
(d) Priority for funding
Funding shall be given to agencies and organizations whose
primary function is to administer domestic violence shelter-based
programs.
(e) Prior to approving a domestic violence shelter-based program
or programs for this funding, the board shall consult with
individuals and groups that have expertise in the problems of
domestic violence and in the operation of domestic violence
shelter-based programs including operations of existing domestic
violence shelter-based programs.
(f) Upon approving one or more domestic violence shelter-based
programs for funding, the board shall direct the county treasurer to
disburse moneys from the county's domestic violence shelter-based
program special fund and for funding, the board shall designate a
local agency to monitor the domestic violence shelter-based program
or programs. This monitoring shall include information regarding the
number of persons requesting services, the number of persons
receiving services according to the type of services provided, and
the need, if any, for additional services or staffing.
(g) A domestic violence shelter-based program that receives
funding pursuant to this chapter shall meet the applicable standards
of Titles II and III of the federal Americans with Disabilities Act
(42 U.S.C.A. Sec. 12101 et seq.) and federal regulations adopted
thereto.
(h) The process to determine eligibility of a domestic violence
shelter-based program to receive funding pursuant to this chapter
shall have as its primary purpose to ascertain that the program meets
the service requirements of Section 18294. The process shall be
expedient and shall include a mechanism for annual recertification.
(i) Funding obtained pursuant to this chapter is for the
unrestricted use of a recipient domestic violence shelter-based
program, and may be used to provide both direct and indirect
services for direct and indirect costs .
18294. Domestic violence shelter-based programs shall provide all
of the following basic services to victims of domestic violence and
their children:
(a) Shelter on a 24 hours a day, seven days a week basis.
(b) A 24 hours a day, seven days a week switchboard for crisis
calls.
(c) Temporary housing and food facilities.
(d) Psychological support and peer counseling.
(e) Referrals to existing services in the community and
followup on the outcome of the referrals. community.
(f) A drop-in center to assist victims of domestic violence who
have not yet made the decision to leave their homes, or who have
found other shelter but who have a need for support services.
(f) A drop-in center that operates during normal business hours to
assist victims of domestic violence who have a need for support
services.
(g) Arrangements for school-age children to continue their
education during their stay at the domestic violence shelter-based
program.
(h) Emergency transportation to the shelter, and when appropriate,
arrangements with local law enforcement for assistance in providing
that transportation.
(h) Emergency transportation as feasible.
18295. In addition to the services required in Section 18294, to
the extent possible, and in conjunction with already existing
community services, the domestic violence shelter-based programs
shall provide a method of obtaining the following services for the
victims of domestic violence:
(a) Medical care.
(b) Legal assistance.
(c) Psychological support and counseling.
(d) Information regarding reeducation, marriage and family
counseling, job counseling and training programs, housing referrals
and other available social services.
(d) Information regarding other available social services.
18296. The staff of the domestic violence shelter-based program
shall work with social service agencies, schools, and law enforcement
agencies in an advocacy capacity for those served by the domestic
violence shelter-based programs.
18297. The staff of each domestic violence shelter-based program
shall attempt to achieve community support and acceptance of the
program by advocating the program to community representatives and
groups within the community.
Volunteers shall be trained and used to maximum capacity in the
delivery of services.
18298. Inasmuch as domestic violence shelter-based programs are
to serve a variety of cultural backgrounds, to the extent feasible, a
portion of the domestic violence shelter-based program's personnel
shall be bilingual. An effort shall be made to recruit formerly
battered spouses as staff members.
18299. A domestic violence shelter-based program shall maintain
annual fiscal reports in a form to be prescribed by the
county auditor and controller Generally Accepted
Accounting Principles (GAAP) .
18300. An annual report shall be prepared by each domestic
violence shelter-based program for submission to the county board of
supervisors. The report shall be made available to the public upon
request, and shall include all of the following elements:
(a) The total number of persons requesting services of the
domestic violence shelter-based programs.
(b) The number of persons served in the domestic violence
shelter-based program, by each type of service provided.
(c) A description of the social and economic characteristics of
persons receiving services, by type of service provided.
18301. A county shall not require a domestic violence
shelter-based program to provide any information not enumerated in
Section 18300, or require the disclosure of any information
pertaining to the confidential location of a domestic violence
shelter-based program or the location or identity of any shelter
resident, employee, or volunteer. A county shall not require a method
of data collection or recording, or impose any other requirement,
that is inconsistent with the federal Violence Against Women Act (18
U.S.C. Sec. 2261 et seq.).
18304. A county may establish a program for reducing the
incidence of domestic violence in the county by establishing or
funding domestic violence shelter-based programs that meet the
requirements of this chapter. Geographically adjacent counties may
combine their respective domestic violence shelter-based programs
special funds in order to establish one or more domestic violence
shelter-based programs meeting the requirements of this chapter, in
order to provide services to the clients of each county that combines
its funds with another county.
18305. (a) At the time of issuance of a marriage license
pursuant to Section 26840 of the Government Code, twenty-three
dollars ($23) of each fee paid shall be collected by the county clerk
for deposit into the county domestic violence shelter-based programs
special fund. The fees collected in this special fund shall be
disbursed to approved domestic violence shelter-based programs on a
yearly or more frequent basis commencing July 1, 1980. The funds
shall be disbursed using a request for qualification (RFQ) process.
(b) The board of supervisors shall direct the county clerk to
deposit twenty-three dollars ($23) of each fee into the county
domestic violence shelter-based programs special fund. The county
domestic violence shelter-based programs special fund shall fund
domestic violence shelter-based programs established pursuant to
Section 18304. Four dollars ($4) of each twenty-three dollars ($23)
deposited into the county domestic violence shelter-based programs
special fund shall be used, to the extent feasible, to
develop support or expand domestic violence
shelter-based programs to target underserved areas and populations.
No more than 8 percent of the funds shall be expended for the
administrative costs associated with the collection and segregation
of the additional marriage license fees, administration of the county
domestic violence shelter-based programs special fund, monitoring of
the domestic violence shelter-based programs, and meeting the other
administrative requirements imposed by this chapter. Counties that do
not participate in the establishing or funding of domestic violence
shelter-based programs pursuant to this chapter shall be entitled to
retain up to 4 percent of the funds for the administrative costs
associated with the collection and segregation of the additional
marriage license fees and the deposit of these fees in the county
domestic violence shelter-based programs special fund.
18305.5. In the event that a county does not have sufficient
funds in the county domestic violence programs special fund to
finance all the basic services provided by domestic violence
shelter-based programs that are specified in Section 18294, and
community resources are not available to finance these basic
services, the county may finance one or more of these basic services.
18306. The county board of supervisors shall consult with the
local regional domestic violence coalition, consisting of
representatives from existing domestic violence shelter-based
programs, in planning for the establishment of a new domestic
violence shelter-based program or for ongoing technical assistance
for domestic violence shelter-based programs already in the county.
18307. (a) Notwithstanding Section 18305, a county may carry over
funds deposited in a county domestic violence shelter-based programs
special fund until the time that a domestic violence shelter-based
program is established to serve the needs of domestic violence
victims of the county. Records of these funds shall be available for
public review upon request.
(b) Funds deposited in a county domestic violence shelter-based
programs special fund may be used only to finance all, or one or
more, basic services specified in Section 18294. This subdivision is
declaratory of existing law. These funds shall be used for
shelter services, and may be used for direct or indirect
costs.
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 county may retain up to 4 percent of the funds 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, 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) 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. The city may
retain up to 4 percent of the funds 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 and intervention
efforts, including law enforcement, mental health, public health,
substance abuse, victim advocacy, community education, and housing,
in order to increase the effectiveness of prevention, early
intervention, and prosecution of domestic and family violence.
(c) 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.
18309.5. (a) The Solano County Board of Supervisors shall direct
the local registrar, county recorder, and county clerk to deposit
fees collected pursuant to Section 26840.11 of the Government Code
and Section 103628 of the Health and Safety Code into a special fund.
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, substance
abuse, child welfare services, adult protective services, and
community-based organizations and other agencies working in Solano
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, that is enacted before January 1, 2010, deletes or extends
that date.
SEC. 5. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.