BILL NUMBER: AB 1883 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 15, 2010
INTRODUCED BY Assembly Member Evans
FEBRUARY 16, 2010
An act to add and repeal Section 103628.4 of the Health and Safety
Code, and to add and repeal Section 18309.7 of the Welfare and
Institutions Code, relating to domestic violence.
LEGISLATIVE COUNSEL'S DIGEST
AB 1883, as amended, Evans. Certified copies of vital records:
fees: domestic violence.
Existing law requires the collection of fees for providing
certified copies of vital records, including marriage certificates,
birth certificates, fetal death records, and death records.
Existing law authorizes the county boards of supervisors of Contra
Costa County and Alameda County, and the City Council of the City of
Berkeley, upon making certain findings and declarations, to
authorize an increase in fees for certified copies of certain vital
records, up to a certain maximum amount. Existing law, until January
1, 2011, authorizes the Solano County Board of Supervisors, upon
making certain findings and declarations, to authorize an increase in
fees for certified copies of certain vital records, up to $2.
Existing law, until January 1, 2015, authorizes the Sonoma County
Board of Supervisors, upon making certain findings and declarations,
to authorize an increase in fees for certified copies of certain
vital records, up to $2. Existing law authorizes the above-described
county boards of supervisors and that city council to make further
increases in fees each year, as specified. Existing law requires the
fees to be allocated for purposes relating to domestic violence
prevention, intervention, and prosecution.
This bill, until January 1, 2016, would authorize a county board
of supervisors, upon making certain findings and declarations, to
authorize an increase in fees of up to $4 for certified
copies of certain vital records. The bill would require that
$2 one half of the fee increase be allocated
for purposes relating to domestic violence prevention, intervention,
and prosecution and $2 the other half
of the fee increase be allocated for nonshelter-based
domestic violence programs that primarily focus on serving
nonprofit, community-based organizations that serve
domestic violence victims and their families , as specified
.
This bill, until January 1, 2016, notwithstanding the
above-described authorization, would authorize the county boards of
supervisors of Contra Costa County and Alameda County, and the City
Council of the City of Berkeley, to authorize a $2
an increase in fees of up to $2 for certified
copies of certain vital records. This bill, until January 1, 2011,
notwithstanding the above-described authorization, would authorize
the Solano County Board of Supervisors, to authorize a $2
an increase in fees of up to $2 for
certified copies of certain vital records. This bill, until January
1, 2015, notwithstanding the above-described authorization, would
authorize the Sonoma County Board of Supervisors, to authorize
a $2 an increase in fees of up to
$2 for certified copies of certain vital records. The bill
would require proceeds from the above-described $2
fee increases to be allocated for nonshelter-based domestic
violence programs that primarily focus on serving
nonprofit, community-based organizations that serve domestic
violence victims and their families , as specified .
This bill would provide that when the authorization for the
$2 fee increase of up to $2 ends for
Solano County and Sonoma County on January 1, 2011, and January 1,
2015, respectively, the above-described provisions authorizing an
increase in fees of up to a maximum of $4 shall apply with
respect to those counties.
This bill would require that, prior to using the fee proceeds, a
county board of supervisors or the City Council of the City of
Berkeley provide for public hearings and comment on the specific
manner in which funds are to be used and confer with its local
domestic violence shelter or shelters before determining the specific
manner in which funds are to be used.
The bill would require a county board of supervisors or the City
Council of the City of Berkeley to submit to the Assembly and Senate
Committees on Judiciary, by December 31, 2015, a report regarding the
above fee increases, as specified.
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) According to the 2005 California Women's Health Survey, in
California, 9.2 percent of women live in homes where domestic
violence abuse occurs and 40 percent of women experience domestic
violence in their lifetimes. Domestic violence is ubiquitous and cuts
across all economic and education levels and all age groups,
ethnicities, and other social and community characteristics.
(b) According to 2006 statistics from the federal Bureau of
Justice Statistics, in nearly half of violent crimes in which the
victim and the aggressor are related, the aggressor is either the
spouse or ex-spouse of the victim. Marriage license fees collected
pursuant to this act will help communities intervene and prevent
domestic violence when the aggressor is the spouse or ex-spouse of
the victim.
(c) According to the National Woman Abuse Prevention Project in
Washington, D.C., domestic violence puts children at risk. Children
born into families where domestic violence occurs are physically
abused or seriously neglected at a rate that is significantly higher
than the national average in the general population. Birth
certificate fees collected pursuant to this act will help communities
with the cost of ensuring that children who are born into families
with domestic violence receive the help they need.
(d) Studies show more than 10 percent of women are victims of
domestic violence during pregnancy. According to a January 2009 study
published in The Lancet (a British medical journal), pregnant women
who are assaulted by their spouses are 50 percent more likely to
experience fetal loss, often repeatedly, than women who are not
abused during pregnancy. Women who are battered during pregnancy are
also more likely to die or have children who are born prematurely
with low birth weights and intense medical needs. Fetal death
certificate fees will help communities with what it costs to ensure
that pregnant women with violent spouses receive help, protection,
and care for their unborn children and infants.
(e) Domestic violence is a learned behavior and generational.
Studies show that boys who witness family violence are 100 times more
likely to batter their female partners and girls who witness their
mother's abuse are more likely to be battered as adults.
(f) Domestic violence costs are high because, not only is there a
toll on families emotionally and financially, but there are also
direct and hidden costs to society. The most direct costs are the
high costs of law enforcement, civil and criminal justice, and health
services and other community-based services. Less direct and visible
costs include job turnover, loss of productivity, school
absenteeism, and low performance in school.
(g) For more than 30 years, a portion of marriage license fees
have supported domestic violence shelters. However, these fees have
been limited to nonprofit organizations that operate shelter
facilities to house victims. Due to funding reductions to domestic
violence programs and an increasing demand for services, shelters are
unable to partner with community-based organizations that provide
critical services for preventing and stopping domestic violence, such
as education and outreach programs, job counseling, free legal
assistance and filing of restraining orders, job skills training
programs, housing services, and culturally and linguistically
appropriate counseling or assistance. Community-based domestic
violence programs provide critical support services to domestic
violence victims by raising awareness, which is the first step toward
preventing and reducing family violence and getting the help they
need to find stability, health, well-being, and justice.
(h) Domestic violence requires multifaceted intervention that
encourages civil, criminal, health, and social service sectors to
work together to align the objectives, protocols, policies, and
activities of each sector. Achieving the alignment, which requires
governmental oversight and coordination of multiple agencies involved
in domestic violence matters, is an essential link in the
comprehensive effort to eliminate domestic violence.
SECTION 1. SEC. 2. Section 103628.4
is added to the Health and Safety Code, to read:
103628.4. (a) (1) Except as provided in paragraphs (2) to (4),
inclusive, a county board of supervisors, upon making findings and
declarations on the need for governmental oversight and coordination
of the multiple agencies dealing with domestic violence and the need
for funding for nonshelter-based
community-based domestic violence programs, may authorize
a four dollar ($4) increase an increase of up
to four dollars ($4) in fees imposed for providing
certified copies of marriage certificates, birth certificates, fetal
death records, and death records.
(2) Notwithstanding paragraph (1), the Contra Costa County Board
of Supervisors, the Alameda County Board of Supervisors, and the City
Council of the City of Berkeley, upon making findings and
declarations on the need for funding for nonshelter-based
community-based domestic violence programs, may
authorize a two dollar ($2) increase an
increase of up to two dollars ($2) in fees imposed for
providing certified copies of marriage certificates, birth
certificates, fetal death records, and death records.
(3) (A) Until January 1, 2011, notwithstanding paragraph (1), the
Solano County Board of Supervisors, upon making findings and
declarations on the need for funding for nonshelter-based
community-based domestic violence programs, may
authorize a two dollar ($2) increase an
increase of up to two dollars ($2) in fees imposed for
providing certified copies of marriage certificates, birth
certificates, fetal death records, and death records.
(B) On and after January 1, 2011, paragraph (1) shall apply with
respect to the Solano County Board of Supervisors.
(4) (A) Until January 1, 2015, notwithstanding paragraph (1), the
Sonoma County Board of Supervisors, upon making findings and
declarations on the need for funding for nonshelter-based
community-based domestic violence programs, may
authorize a two dollar ($2) increase an
increase of up to two dollars ($2) in fees imposed for
providing certified copies of marriage certificates, fetal death
records, and death records.
(B) On and after January 1, 2015, paragraph (1) shall apply with
respect to the Sonoma County Board of Supervisors.
(b) The fee increase authorization for certified copies of vital
records pursuant to paragraphs (2) to (4), inclusive, of subdivision
(a), with respect to the Contra Costa County Board of Supervisors,
the Alameda County Board of Supervisors, the City Council of the City
of Berkeley, the Solano County Board of Supervisors, and the Sonoma
County Board of Supervisors, shall be in addition to the fee increase
authorization for those counties and that city pursuant to Sections
103626, 103627, 103628, and 103628.2, respectively.
(c) Revenue from the fees authorized pursuant to subdivision (a)
shall be allocated pursuant to Section 18309.7 of the Welfare and
Institutions Code.
(d) If it elects to increase fees pursuant to this section, a
county board of supervisors or the City Council of the City of
Berkeley shall submit to the Assembly and Senate Committees on
Judiciary a report no later than December 31, 2015. The report shall
contain the following information:
(1) The annual amounts of funds received and expended from fee
increases.
(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.
SEC. 2. SEC. 3. Section 18309.7 is
added to the Welfare and Institutions Code, to read:
18309.7. (a) A county board of supervisors shall direct the local
registrar, county recorder, and county clerk to deposit fees
collected pursuant to Section 103628.4 of the Health and Safety Code
into a special fund.
(b) Proceeds from the four dollar ($4) fee
increase collected pursuant to paragraph (1) of subdivision (a) of
Section 103628.4 of the Health and Safety Code shall be allocated as
follows:
(1) Two dollars ($2) One half
of the fee 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.
(2) Two dollars ($2) One half of the
fee for nonshelter-based domestic violence programs that
primarily focus on serving nonprofit, community-based
organizations that serve domestic violence victims and their
families , including, but not limited to, organizations that
serve underserved communities, including the lesbian, gay, bisexual,
and transgender community, ethnic and racial communities, the
disabled community, and the elderly .
(c) Proceeds from the two dollar ($2) fee
increase collected pursuant to paragraph (2) of, subparagraph (A) of
paragraph (3) of, and subparagraph (A) of paragraph (4) of ,
subdivision (a) of Section 103628.4 of the Health and Safety
Code shall be allocated for nonshelter-based domestic
violence programs that primarily focus on serving
nonprofit, community-based organizations that serve domestic
violence victims and their families , including, but not limited
to, organizations that serve underserved communities, including the
lesbian, gay, bisexual, and transgender community, ethnic and racial
communities, the disabled community, and the elderly .
(d) Funding available to nonshelter-based domestic
violence programs nonprofit, community-based
organizations pursuant to paragraph (2) of subdivision (b) and
subdivision (c) shall be awarded to the program
organization through a competitive request for proposal
process.
(e) Prior to using the funds collected pursuant to Section
103628.4 of the Health and Safety Code, the county board of
supervisors or the City Council of the City of Berkeley shall do both
of the following:
(1) Provide for public hearings and comment on the specific manner
in which funds are to be used.
(2) Confer with its local domestic violence shelter or shelters
before determining the specific manner in which funds are to be used.
(f) This section shall remain in effect only until January 1,
2016, and as of that date is repealed.