BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 635|
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UNFINISHED BUSINESS
Bill No: SB 635
Author: Wiggins (D), et al
Amended: 6/23/09
Vote: 21
SENATE LOCAL GOVERNMENT COMMITTEE : 3-2, 4/29/09
AYES: Wiggins, Kehoe, Wolk
NOES: Cox, Aanestad
SENATE JUDICIARY COMMITTEE : 3-1, 5/5/09
AYES: Corbett, Florez, Leno
NOES: Harman
NO VOTE RECORDED: Walters
SENATE FLOOR : 22-17, 5/26/09
AYES: Alquist, Calderon, Cedillo, Corbett, DeSaulnier,
Ducheny, Florez, Hancock, Kehoe, Leno, Liu, Lowenthal,
Oropeza, Padilla, Pavley, Romero, Simitian, Steinberg,
Wiggins, Wolk, Wright, Yee
NOES: Aanestad, Ashburn, Benoit, Cogdill, Correa, Cox,
Denham, Dutton, Harman, Hollingsworth, Huff, Maldonado,
Negrete McLeod, Runner, Strickland, Walters, Wyland
NO VOTE RECORDED: Vacancy
ASSEMBLY FLOOR : 50-27, 7/13/09 - See last page for vote
SUBJECT : Marriage licenses: vital records: fees:
domestic violence
SOURCE : Sonoma County Board of Supervisors
CONTINUED
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DIGEST : This bill authorizes the Sonoma County Board of
Supervisors, upon making findings and declarations of the
need for governmental oversight and coordination of
domestic violence agencies, to increase fees for marriage
licenses, confidential marriage licenses, and certified
copies of marriage certificates, fetal death records, and
death records by up to two dollars, until January 1, 2015.
This bill also extends the sunset date for a similar
program in Solano County by one year.
Assembly Amendments extend, until January 1, 2011, the
authority of Solano County Board of Supervisors to increase
fees for marriage licenses, confidential marriage licenses,
and certified copies of marriage, birth and death
certificates by up to two dollars.
ANALYSIS : Current law provides that counties can charge
fees when they issue marriage licenses or provide certified
copies of vital records, such as birth certificates and
death records. Counties must add charges on to their
marriage license fees to fund domestic violence shelters.
The additional amount has increased over time and is now
$23 (SB 5 [Presley], Chapter 420, Statutes of 1993).
In 2001, the Legislature authorized a pilot program in
Contra Costa County, allowing the County to provide
governmental oversight and coordination of domestic
violence prevention, intervention, and prosecution efforts
within the county (SB 425 [Torlakson], Chapter 90, Statutes
of 2001). The County must make findings and declarations
about the need for oversight and coordination and may fund
the program by increasing fees by a maximum of four dollars
on certified copies of marriage certificates, birth
certificates, fetal death records, and death records. The
County must deposit the fees into a special county fund,
with no more than four percent being retained for
administrative costs, and may increase the fees each year
by the Consumer Price Index (CPI).
This bill authorizes the Sonoma County Board of
Supervisors, upon making findings and declarations of the
need for governmental oversight and coordination of
domestic violence agencies, to increase fees for marriage
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licenses, confidential marriage licenses, and certified
copies of marriage certificates, fetal death records, and
death records by up to two dollars.
This bill allows Sonoma's Board of Supervisors to authorize
an annual increase in those fees by an amount equal to the
increase in the Consumer Price Index for the San Francisco
metropolitan area, rounded to the nearest one-half dollar.
This bill requires the County of Sonoma to direct the local
registrar, county recorder, and county clerk to deposit
those fees into a special fund to be used for governmental
oversight and coordination of a variety of domestic
violence and family violence prevention and intervention
efforts. The County may retain up to four percent of the
funds for administrative costs.
This bill requires the Sonoma County Board of Supervisors
to report to the Legislature the annual amounts of funds
received and expended from fee increases and the outcomes
achieved. A preliminary report must be submitted no later
than July 1, 2013 and a final report no later than July 1,
2014.
This bill has a sunset date of January 1, 2015.
This bill also extends, until January 1, 2011, the
authority of the Solano County board of Supervisors to
increase fees for marriage licenses and confidential
marriage licenses, as well as certified copies of marriage,
birth, and death certificates by up to two dollars (subject
to CPI increases) for governmental oversight and
coordination of domestic violence and family violence
prevention, intervention, and prosecution efforts.
Background
In a 2006 report to the Assembly and Senate Judiciary
Committees, Contra Costa County cited many improved
outcomes resulting from funding for oversight and
coordination activities. Based on this success,
legislators made Contra Costa's program permanent (SB 968
[Torlakson], Chapter 635, Statutes of 2006).
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The Legislature authorized similar programs in Alameda and
Solano Counties in 2004. The counties can increase fees
for marriage licenses and certified copies of birth
certificates, fetal death records, and death records by up
to two dollars and must report to the legislative Judiciary
Committees by July 1, 2009. The programs sunset on January
1, 2010 (AB 2010 [Hancock], Chapter 830, Statutes of 2004).
Sonoma County currently charges $75 for public marriage
licenses, $90 for confidential marriage licenses, $17 for
birth certificates, $13 for marriage certificates, and $12
for death records. Sonoma County officials want the same
authority to raise fees on these vital records that
legislators granted to Alameda County and Solano County.
Domestic violence has widespread and costly effects in
Sonoma County. In 2005, law enforcement agencies
throughout Sonoma County received 2,048 calls for
assistance and made 697 domestic violence felony arrests.
That same year, the District Attorney's Office filed a
total of 1,365 domestic violence cases. The response to
domestic violence involves a complex web of stakeholders,
including law enforcement agencies, the courts, social
services agencies, and various non-profit community
organizations. By giving Sonoma County the same vital
records fee authority that has already been successfully
implemented in Contra Costa County, this bill will annually
generate much-needed funding for the oversight and
coordination of domestic violence prevention, intervention,
and prosecution efforts in Sonoma County.
Related legislation
AB 73 (Hayashi), of 2009, which eliminates the sunset date
on Alameda County's authorization to raise fees for
certified copies of marriage licenses, marriage
certificates, birth certificates, fetal death records, and
death records by up to two dollars in order to fund
governmental oversight and coordination of domestic
violence prevention, intervention and prosecution programs.
AB 2231 (Hayashi), of 2008, which would have extended the
sunset dates for the Alameda County and Solano County
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programs until 2015. Governor Schwarzenegger vetoed that
bill, arguing that the additional vital records fees are
actually taxes.
AB 1275 (DeSaulnier), of 2007, which authorized any county
to impose additional vital records fees to fund domestic
violence, child abuse, and family violence programs, died
in the Senate Local Government Committee.
SB 605 (Alquist), of 2007, which authorized additional
vital records fees to fund domestic violence programs in
Santa Clara County, died in the Senate Local Government
Committee.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/14/09)
Sonoma County Board of Supervisors (source)
California Association of Clerks and Elections Officials
Catholic Charities of the Diocese of Santa Rosa
Child Abuse Prevention Center (CAP Center)
Council on Aging Services for Seniors, Santa Rosa
City of Healdsburg Police Department
Kaiser Permanente, Santa Rosa
Legal Aid of Sonoma County
Office of the District Attorney of the County of Sonoma
Redwood Community Health Coalition
Santa Rosa Police Department
Sonoma County Human Services Department
Sonoma County Medical Association
Sonoma County Probation Department
Sonoma County Sheriff's Department
Southwest Community Health Center
United Against Sexual Assault of Sonoma County
OPPOSITION : (Verified 7/14/09)
Howard Jarvis Taxpayers Association
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Beall, Block, Blumenfield,
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Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Coto, Davis, De La Torre, De Leon, Eng, Evans,
Feuer, Fong, Fuentes, Furutani, Galgiani, Gilmore, Hall,
Hayashi, Hernandez, Hill, Huffman, Jones, Krekorian,
Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning, Nava, John
A. Perez, V. Manuel Perez, Portantino, Ruskin, Salas,
Saldana, Skinner, Solorio, Swanson, Torlakson, Torres,
Torrico, Yamada, Bass
NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
Blakeslee, Conway, Cook, DeVore, Duvall, Emmerson,
Fuller, Gaines, Garrick, Hagman, Harkey, Huber, Jeffries,
Knight, Logue, Miller, Nestande, Niello, Nielsen, Silva,
Smyth, Audra Strickland, Tran
NO VOTE RECORDED: Fletcher, Villines, Vacancy
AGB:do 7/15/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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