BILL NUMBER: AB 1770 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 3, 2010
INTRODUCED BY Assembly Member Galgiani
FEBRUARY 9, 2010
An act to add Section 103626.5 to the Health and Safety
Code, relating to vital records. An act to add Section
103628.6 to the Health and Safety Code, and to add Section 18309.8
to the Welfare and Institutions Cod e, relating to vital
records.
LEGISLATIVE COUNSEL'S DIGEST
AB 1770, as amended, Galgiani. Vital records: fees: Stanislaus
County.
Existing law requires the collection of fees for issuing marriage
licenses and for providing certified copies of vital records,
including marriage certificates, birth certificates, fetal death
records, and death records. Existing law provides for the
establishment of county domestic violence program special funds for
the purpose of funding local domestic violence programs. Certain fees
payable at the time a marriage license or a certified copy of any of
the above vital records is issued may be collected by the county
clerks for deposit into these funds.
Additionally, existing law authorizes certain counties, upon
making certain findings and declarations, to authorize an increase in
fees for marriage licenses and confidential marriage licenses and
for certified copies of certain vital records, as specified. Existing
law requires the revenue from the fee increase to be allocated for
purposes relating to domestic violence prevention, intervention, and
prosecution.
This bill would, in addition until January
1, 2016 , authorize the Stanislaus County Board of
Supervisors, upon making findings and declarations regarding the need
for governmental oversight and coordination of the multiple agencies
dealing with matters under the jurisdiction of the
Stanislaus County Family Justice Center domestic
violence , to authorize an increase in the fees for certified
copies of marriage certificates, birth certificates, fetal death
records, and death records up to a maximum of $2 per record and to
annually adjust that amount for inflation. It would require
the board of supervisors to allocate those funds for administration
of the center. This bill would require the fees to be
allocated by the county for purposes relating to domestic violence
prevention, intervention, and prosecution.
The bill would require the Stanislaus County Board of Supervisors
to submit a report to the Assembly and Senate Committees on Judiciary
by July 1, 2014, regarding the above-described fee increase, as
specified.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of Stanislaus.
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 103628.6 is added to the
Health and Safety Code , to read:
103628.6. (a) The Stanislaus 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
certified copies of marriage certificates, birth certificates, fetal
death records, and death records, up to a maximum increase of two
dollars ($2). The fees shall be allocated pursuant to Section 18309.8
of the Welfare and Institutions Code.
(b) Effective July 1 of each year, the Stanislaus 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 one-half dollar ($0.50). The fees shall be allocated
pursuant to Section 18309.8 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 Stanislaus County shall pay an
additional fee to the local registrar, county recorder, or county
clerk as established by the Stanislaus County Board of Supervisors.
(d) The Stanislaus County Board of Supervisors shall submit to the
Assembly and Senate Committees on Judiciary, no later than July 1,
2014, 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.
(e) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
SEC. 2. Section 18309.8 is added to the
Welfare and Institutions Code , to read:
18309.8. (a) The Stanislaus County Board of Supervisors shall
direct the local registrar, county recorder, and county clerk to
deposit fees collected pursuant to Section 103628.6 of the Health and
Safety Code into a 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 Stanislaus 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,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
SEC. 3. The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances in
Stanislaus County with respect to domestic violence.
SECTION 1. Section 103626.5 is added to the
Health and Safety Code, to read:
103626.5. (a) In addition to all fees otherwise authorized by
law, the Stanislaus County Board of Supervisors, upon making findings
and declarations regarding the need for governmental oversight and
coordination of the multiple agencies dealing with matters under the
jurisdiction of the Stanislaus County Family Justice Center, 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 of two dollars ($2) per record.
(b) The Stanislaus County Board of Supervisors may authorize an
increase in the fees authorized pursuant to subdivision (a),
effective July 1 of each year, 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 one-half dollar
($0.50).
(c) The fees authorized by the board pursuant to this section
shall be allocated to the Stanislaus County Family Justice Center to
fund operations of the center, including, but not limited to,
oversight and coordination of the multiple agencies dealing with
matters under the jurisdiction of the center.