BILL NUMBER: SB 1599 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Ducheny
FEBRUARY 24, 2006
An act to add Section 26840.12 to the Government Code, to add
Section 103629 to the Health and Safety Code, and to add Section
18309.6 to the Welfare and Institutions Code, relating to domestic
violence.
LEGISLATIVE COUNSEL'S DIGEST
SB 1599, as introduced, Ducheny Domestic violence prevention:
funding.
Existing law requires the governing bodies of specified cities and
counties to direct the local registrar, county recorder, or county
clerk to deposit into special funds fees collected pursuant to
specified provisions of law for filing fees for, and for certified
copies of, fetal death and death records, and marriage and birth
certificates. Existing law requires proceeds from these funds to be
used for governmental oversight and coordination of specified
domestic violence and family violence prevention, intervention, and
prosecution efforts in the affected counties.
This bill would establish similar provisions, applicable to any
county, pursuant to which the county board of supervisors may provide
for the assessment and collection, subject to applicable
constitutional requirements, deposit, and expenditure of the fees
described above, for the prevention, intervention, and prosecution of
domestic violence in the county.
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 26840.12 is added to the Government Code, to
read:
26840.12. (a) The board of supervisors of any county, upon making
findings and declarations for the need for governmental oversight
and coordination of the multiple agencies dealing with domestic
violence, and subject to the applicable requirements of the
California Constitution, 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 board of supervisors may
authorize an increase in these fees by an amount equal to the
increase in the Consumer Price Index for the closest metropolitan
area, as determined by the board, for the preceding calendar year,
rounded to the nearest half-dollar ($0.50). The fees shall be
allocated pursuant to Section 18309.6 of the Welfare and Institutions
Code.
(c) In addition to the fee prescribed by Section 26840.1, the
person issuing authorization for the performance of a marriage or
confidential marriage in a county, 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), at the time of providing the
authorization.
(d) The board of supervisors of any county assessing a fee
pursuant to subdivision (a) shall submit to the Assembly Judiciary
Committee and the Senate Judiciary Committee, no later than July 1,
2009, 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 implementation of this section.
SEC. 2. Section 103629 is added to the Health and Safety Code, to
read:
103629. (a) A 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,
and subject to the applicable requirements of the California
Constitution, 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 board of supervisors may
authorize an increase in these fees by an amount equal to the
increase in the Consumer Price Index for the closest metropolitan
area, as determined by the board, for the preceding calendar year,
rounded to the nearest one-half dollar ($0.50). The fees shall be
allocated pursuant to Section 18309.6 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 a county shall pay an
additional fee to the local registrar, county recorder, or county
clerk as established by the county board of supervisors.
SEC. 3. Section 18309.6 is added to the Welfare and Institutions
Code, to read:
18309.6. A county board of supervisors shall direct the local
registrar, county recorder, and county clerk to deposit fees
collected pursuant to Section 26840.12 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 the
county, in order to increase the effectiveness of prevention, early
intervention, and prosecution of domestic and family violence.