BILL NUMBER: AB 1883 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 25, 2010
AMENDED IN ASSEMBLY APRIL 5, 2010
AMENDED IN ASSEMBLY MARCH 15, 2010
INTRODUCED BY Assembly Member Evans
( Principal coauthor: Assembly Member
Yamada )
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 ,
Board of Supervisors 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 $2
. 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 that1/2 of the fee
increase be allocated for purposes relating to domestic violence
prevention, intervention, and prosecution and the other1/2 of the fee
increase be allocated for 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 , Board of Supervisors and the
City Council of the City of Berkeley, to authorize 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 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 an
increase in fees of up to $2 for certified copies of certain vital
records. The bill would require proceeds from the above-described fee
increases to be allocated for nonprofit, community-based
organizations that serve domestic violence victims and their
families, as specified.
This bill would provide that when the authorization for the 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 a county board of supervisors or the City
Council of the City of Berkeley to direct, when appropriate, the
local registrar, county recorder, and county clerk, to deposit the
fees into a special fund, and would authorize a county or the City of
Berkeley to retain up to 4% of the special fund for administrative
costs, as specified.
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 February 1, 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 one-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. Fees for certified copies of
marriage certificates collected pursuant to this act will help
communities intervene and prevent domestic violence when the
aggressor is the spouse or ex-spouse intimate
partner 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. Fees for certified copies of birth certificates 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. Fees for certified
copies of fetal death certificates collected pursuant to this act
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 is
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 that exclusively house
victims of domestic violence . Due to funding reductions
to domestic violence programs and an increasing demand for services,
shelters are unable need to be able 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.
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) (6) , 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
community-based domestic violence programs, may authorize 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 community-based domestic
violence programs, may authorize 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.
(2) Paragraph (1) shall not apply to the Contra Costa County Board
of Supervisors.
(3) Notwithstanding paragraph (1), the Alameda County Board of
Supervisors, upon making findings and declarations on the need for
funding for community-based domestic violence programs, may authorize
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.
(4) Notwithstanding paragraph (1), the City Council of the City of
Berkeley, upon making findings and declarations on the need for
funding for community-based domestic violence programs, may authorize
an increase of up to two dollars ($2) in fees imposed for providing
certified copies of birth certificates, fetal death records, and
death records.
(3)
(5) (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 community-based
domestic violence programs, may authorize 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)
(6) (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 community-based
domestic violence programs, may authorize 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) (3)
to (6) , 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 February 1, 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. 3. Section 18309.7 is added to the Welfare and Institutions
Code, to read:
18309.7. (a) (1) 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.
(2) The City Council of the City of Berkeley shall direct the
local register to deposit fees collected pursuant to Section 103628.4
of the Health and Safety Code into a special fund.
(3) A county or the City of Berkeley 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.
(b) Proceeds from the 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) 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.
(1) One-half of the fee for governmental oversight and
coordination of domestic violence prevention, intervention, and
prosecution efforts in the county.
(2) One-half of the fee for 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, teens, and the elderly.
(c) Proceeds from the fee increase collected pursuant to
paragraph (2) paragraphs (3) and (4) of,
subparagraph (A) of paragraph (3) (5)
of, and subparagraph (A) of paragraph (4) (6)
of, subdivision (a) of Section 103628.4 of the Health and
Safety Code shall be allocated for 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, teens, and the elderly.
(d) Funding available to nonprofit, community-based organizations
pursuant to paragraph (2) of subdivision (b) and subdivision (c)
shall be awarded to the 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.