BILL NUMBER: SB 968 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 4, 2006
AMENDED IN ASSEMBLY FEBRUARY 21, 2006
AMENDED IN SENATE MAY 5, 2005
AMENDED IN SENATE MAY 3, 2005
INTRODUCED BY Senator Torlakson
FEBRUARY 22, 2005
An act to amend Section 26840.9 of the Government Code , to
amend Section 103626 of the Health and Safety Code, and to amend
Section 18308 of the Welfare and Institutions Code , relating
to domestic violence.
LEGISLATIVE COUNSEL'S DIGEST
SB 968, as amended, Torlakson Domestic violence: Contra Costa
County.
Existing law provides for 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.
Existing law requires the collection of fees for certified copies
of fetal death or death records and marriage or birth certificates.
Existing law authorizes the board of supervisors of a county that has
established a county children's trust fund to increase the fee for a
certified copy of a birth certificate for purposes of the fund.
Existing law authorizes the Board of Supervisors of Contra Costa
County, until January 1, 2007, to increase fees, for certified copies
of marriage certificates, birth certificates, fetal death records,
and death records, up to a maximum increase of $2, and to annually
increase these fees, as prescribed, authorizes the retention of
specified administrative costs, and specifies that the purpose
of the fee increase is to provide funding for governmental oversight
and for the coordination of domestic violence prevention,
intervention, and prosecution efforts in the county.
This bill would delete the repeal date of that authorization.
This bill would make specified legislative findings regarding the
need for special legislation.
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. The Legislature finds and declares all of the
following:
(a) Domestic violence is costly, both in human and organizational
terms. The results of domestic violence have many "hidden" costs,
such as job turnover, loss of productivity, school absenteeism, and
low-school performance, in addition to the high cost of law
enforcement, civil and criminal justice, health services, mental
health services, substance abuse treatment, human services, and
community-based services.
(b) Domestic violence cuts across all economic and education
levels, all age groups, ethnicities, and other social and community
characteristics. Domestic violence is characterized by a predictable,
escalating cycle that can result in injury or death of victims,
including children. Domestic violence puts children at risk.
(c) Domestic violence is learned and generational, and requires a
multifaceted intervention that engages civil, criminal, health, and
social service sectors working together to align objectives,
protocols, policies, and activities of each sector.
(d) Contra Costa County determined that achievement of this
alignment requires governmental oversight and coordination of the
multiple agencies involved in the domestic violence system. This
oversight and coordination is an essential link in a comprehensive
effort to eliminate domestic violence.
(e) During the past four years, Contra Costa County has created a
successful domestic violence program. Contra Costa County has
established a coordinated data system, set up a training program
involving law enforcement, courts, health and social service
agencies, established restraining order clinics and other victim
support services and increased accountability measures against
perpetrators of domestic violence.
(f) Contra Costa County's Domestic Violence Program successfully
competed for federal funds and other grants which have increased its
ability to serve victims and prosecute offenders.
(g) Contra Costa County is piloting numerous new domestic violence
prevention strategies, including creating an innovative continuum of
services for children exposed to domestic violence and establishing
primary prevention strategies focused on engaging men in mentoring
boys to end the cycle of abuse for future generations.
(h) Contra Costa County has demonstrated critically needed
leadership through its Systemic Approach Model to addressing domestic
violence by integrating victim services across multiple disciplines
and by advancing public-private partnerships to institutionalize
coordination. Moreover, through its effective centralized
collaborative approach, Contra Costa County is addressing system
issues critical to California as contained in the California Attorney
General's Domestic Violence Report "Keeping the Promise, Victim
Safety and Batterer Accountability," issued in June of 2005.
(i) The reauthorization of the fees specified in Section 26840.9
of the Government Code is essential for Contra Costa County to
continue its efforts to create an effective, proven, replicable model
that combats domestic violence, and to draw down federal and private
funds to support development of a system that will be valuable
throughout California.
SEC. 2. Section 26840.9 of the Government Code is amended to read:
26840.9. (a) The Contra Costa County Board of Supervisors, upon
making findings and declarations for 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 Contra Costa 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 half-dollar. The fees shall be allocated pursuant to
Section 18308 of the Welfare and Institutions Code.
(c) In addition to the fee prescribed by Section 26840.1, in
Contra Costa 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) of this
section, at the time of providing the authorization.
(d) The Contra Costa County Board of Supervisors shall submit to
the Assembly Judiciary Committee and the Senate Judiciary Committee,
no later than July 1, 2006, a report containing 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 Zero Tolerance for Domestic Violence Act.
SEC. 3. Section 103626 of the Health
and Safety Code is amended to read:
103626. (a) The Contra Costa 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, 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).
(b) Effective July 1 of each year, the Contra Costa 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 half-dollar. The fees shall be disposed of pursuant to
the provisions of Section 18308 of the Welfare and Institutions
Code.
(c) In addition to the fees prescribed by subdivisions (a) and (b)
of this section, any applicant for a certified copy of a birth
certificate, a fetal death record, or death record in Contra Costa
County shall pay an additional fee to the local registrar, county
recorder, or county clerk as established by the Contra Costa County
Board of Supervisors.
(d) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted statute
deletes or extends that date.
SEC. 4. Section 18308 of the Welfare
and Institutions Code is amended to read:
18308. (a) The Contra Costa County Board of
Supervisors shall direct the local registrar, county recorder, and
county clerk to deposit fees collected pursuant to Section 26840.9 of
the Government Code and Section 103626 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 Contra Costa 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,
2007, and as of that date is repealed, unless a later enacted statute
deletes or extends that date.
SEC. 3. SEC. 5. Due to the unique
circumstances of the County of Contra Costa with respect to domestic
violence, the Legislature hereby finds and declares that a general
statute cannot be made applicable within the meaning of Section 16 of
Article IV of the California Constitution.
Therefore, the special legislation contained in Section 2
Sections 2 to 4, inclusive, of this act is
necessarily applicable only in the County of Contra Costa.