BILL NUMBER: SB 662	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 20, 2010
	AMENDED IN ASSEMBLY  AUGUST 24, 2009
	AMENDED IN SENATE  MAY 14, 2009
	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Yee
   (  Coauthors:   Senators 
 Liu,     Romero, 
   and Wiggins   Coauthor:
  Senator   Wolk  )
    (   Coauthors:  
Assembly Members   Adams,  
  Fong,     Bonnie
Lowenthal,     Ma, 
   Ruskin,   
 Smyth,     and Torlakson
  ) 

                        FEBRUARY 27, 2009

    An act relating to domestic violence, making an
appropriation therefor.   An act to amend Sections
26840.7 and 26840.8 of the Government Code, and to amend Sections
18293, 18304, and 18305 of the Welfare and Institutions Code,
relating to domestic violence, and making an appropriation therefor.




	LEGISLATIVE COUNSEL'S DIGEST


   SB 662, as amended, Yee.  Domestic violence: funding.
  Domestic violence: marriage license fees.  
   Existing law requires the collection of fees for issuing marriage
licenses and for confidential marriage licenses.  
   Existing law requires the collection of a fee in addition to the
basic fee for the issuance of a marriage license and for the issuance
of an authorization for the performance of marriages without a
license, in the amount of $23. Existing law requires the additional
$23 fee to be collected by the county clerk for deposit into county
domestic violence shelter-based programs special funds. Existing law
requires fees collected in the special funds to be disbursed to
approved domestic violence shelter-based programs that meet certain
requirements on a yearly or more frequent basis.  
   This bill would increase the fee required to be collected for
domestic violence shelter-based programs to $33.  
   Existing law provides that proposed or existing domestic violence
shelter-based programs that meet the aforementioned requirements
shall receive funding from the county domestic violence shelter-based
programs special funds.  
   This bill would, instead, provide that only existing domestic
violence shelter-based programs that meet the requirements shall
receive funding.  
   Existing law requires the money in the special funds to be
disbursed using a request for qualification (RFQ) process.  

   This bill would require the RFQ process to involve a determination
of whether a domestic violence shelter-based program meets the
aforementioned requirements. If a domestic violence shelter-based
program meets those requirements, the bill would provide that the
program has successfully completed the RFQ process. The bill would
provide that an RFQ process shall not be construed to mean a
competitive bidding process.  
   Existing law authorizes a county to establish a program for
reducing the incidence of domestic violence in the county by
establishing or funding domestic violence shelter-based programs that
meet the aforementioned requirements. Existing law authorizes
geographically adjacent counties to combine their respective domestic
violence shelter-based programs funds in order to establish one or
more domestic violence shelter-based programs, in order to provide
services to the clients of each county that combines its funds with
another county.  
   This bill would provide that a county may only fund a domestic
violence shelter-based program that is located outside of the county
if the funding county is funding all domestic violence shelter-based
programs located within its borders that meet the aforementioned
requirements and the program located outside of the funding county
provides services to residents of the funding county.  
   This bill would result in a change in state taxes for the purpose
of increasing state revenues within the meaning of Section 3 of
Article XIII A of the California Constitution, and thus would require
for passage the approval of 2/3 of the membership of each house of
the Legislature. By providing for the expenditure of state tax
revenue, this bill would make an appropriation.  
   Existing law provides for the indemnification of victims and
derivative victims of specified types of crimes from the Restitution
Fund, which is continuously appropriated to the California Victim
Compensation and Government Claims Board for these purposes.
 
   Existing law requires the Maternal and Child Health Branch of the
State Department of Public Health to administer a comprehensive
shelter-based services grant program to battered women's shelters, as
prescribed.  
   This bill would, notwithstanding existing law, appropriate
$16,300,000 from the Restitution Fund to the State Department of
Public Health to be allocated for purposes of funding this program.

   Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 26840.7 of the  
Government Code   is amended to read: 
   26840.7.  In addition to the fee prescribed by Section 26840 and
as authorized by Section 26840.3, the county clerk shall collect a
fee of  twenty-three dollars ($23)  
thirty-three dollars ($33)  at the time of issuance of the
license. The fee shall be disposed of by the clerk pursuant to
Chapter 5 (commencing with Section 18290) of Part 6 of Division 9 of
the Welfare and Institutions Code. Of this amount, four dollars ($4)
shall be used, to the extent feasible, to develop or expand domestic
violence shelter-based programs to target underserved areas and
populations.
   SEC. 2.    Section 26840.8 of the  
Government Code   is amended to read: 
   26840.8.  In addition to the fee prescribed by Section 26840.1 and
as authorized by Section 26840.3, the person issuing an
authorization for the performance of a marriage pursuant to Part 4
(commencing with Section 500) of Division 3 of the Family Code 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 a fee of  twenty-three dollars ($23)
  thirty-three dollars ($33)  at the time of
providing the authorization. The fee shall be disposed of pursuant to
Chapter 5 (commencing with Section 18290) of Part 6 of Division 9 of
the Welfare and Institutions Code. Of this amount, four dollars ($4)
shall be used, to the extent feasible, to develop or expand domestic
violence shelter-based programs to target underserved areas and
populations.
   SEC. 3.    Section 18293 of the   Welfare
and Institutions Code   is amended to read: 
   18293.  (a) In order to be eligible for funding pursuant to this
chapter, a domestic violence shelter-based program shall demonstrate
its ability to receive and make use of any funds available from
governmental, voluntary, philanthropic, or other sources that may be
used to augment any state or county funds appropriated for the
purposes of this chapter. Each domestic violence shelter-based
program shall make every attempt to qualify the domestic violence
shelter-based program for any available federal funding.
   (b) No provision of this section is intended to prohibit domestic
violence shelter-based programs receiving funds pursuant to this
chapter from receiving additional funds from any other public or
private source. Funds provided pursuant to this chapter shall not be
used to reduce the financial support from other public or private
sources.
   (c)  Proposed or existing   Existing 
domestic violence shelter-based programs that meet the requirements
set forth in Section 18294, shall receive funding pursuant to this
chapter upon the approval of the local board of supervisors.
   (d) Funding shall be given to agencies and organizations whose
primary function is to administer domestic violence shelter-based
programs. Any additional fees received by Alameda County, Contra
Costa County, Solano County, and the City of Berkeley at the time of
issuance of a marriage license pursuant to Sections 18308, 18309, and
18309.5, that are in excess of the  twenty-three dollar
($23)   thirty-three-dollar ($33)  fee collected
pursuant to this act, shall be available to that city or county for
funding domestic violence programs other than domestic violence
shelter-based programs.
   (e) Prior to approving a domestic violence shelter-based program
or programs for this funding, the board shall consult with
individuals and groups that have expertise in the problems of
domestic violence and in the operation of domestic violence
shelter-based programs including operations of existing domestic
violence shelter-based programs.
   (f) Upon approving one or more domestic violence shelter-based
programs for funding, the board shall direct the county treasurer to
disburse moneys from the county's domestic violence shelter-based
program special fund and for funding, the board shall designate a
local agency to monitor the domestic violence shelter-based program
or programs. This monitoring shall include information regarding the
number of persons requesting services, the number of persons
receiving services according to the type of services provided, and
the need, if any, for additional services or staffing.
   (g) Programs that receive funding through this chapter shall, to
the extent feasible, provide services to persons with a physical
disability who are victims of domestic violence. If the program
cannot provide the services, then the program's staff, to the extent
feasible, shall assist in referring the person with a physical
disability to other programs and services in the community where
assistance may be obtained.
   (h) The process to determine eligibility of a domestic violence
shelter-based program to receive funding pursuant to this chapter
shall have as its primary purpose to ascertain that the program meets
the service requirements of Section 18294. The process shall be
expedient and shall include a mechanism for annual recertification.
   (i) Funding obtained pursuant to this chapter is for the
unrestricted use of a recipient domestic violence shelter-based
program, and may be used for direct and indirect costs.
   SEC. 4.    Section 18304 of the   Welfare
and Institutions Code   is amended to read: 
   18304.   (a)    A county may establish a program
for reducing the incidence of domestic violence in the county by
establishing or funding domestic violence shelter-based programs that
meet the requirements of this chapter. Geographically adjacent
counties may combine their respective domestic violence shelter-based
programs special funds in order to establish one or more domestic
violence shelter-based programs meeting the requirements of this
chapter, in order to provide services to the clients of each county
that combines its funds with another county. 
   (b) A county may only fund a domestic violence shelter-based
program that is located outside of the county if both of the
following conditions are satisfied:  
   (1) The funding county is funding all domestic violence
shelter-based programs that are located within its borders that meet
the requirements in Sections 18294 and 18295.  
   (2) The domestic violence shelter-based program located outside of
the funding county provides services to residents of the funding
county. 
   SEC. 5.    Section 18305 of the   Welfare
and Institutions Code   is amended to read: 
   18305.  (a)  (1)    At the time of issuance of a
marriage license pursuant to Section 26840 of the Government Code,
 twenty-three dollars ($23)   thirty-three
dollars ($33)  of each fee paid shall be collected by the county
clerk for deposit into the county domestic violence shelter-based
programs special fund.  The 
    (2)     The  fees collected in this
special fund shall be disbursed to approved domestic violence
shelter-based programs on a yearly or more frequent basis commencing
July 1, 1980.  The 
    (3)     The  funds shall be disbursed
using a request for qualification (RFQ) process.  The RFQ process
shall involve a determination of whether a domestic violence
shelter-based program meets the requirements of Sections 18294 and
18295. If a domestic violence shelter-based program meets the
requirements in Sections 18294 and 18295, it shall have successfully
completed the RFQ process. The RFQ process shall not be construed to
mean a competitive bidding process. 
   (b) The board of supervisors shall direct the county clerk to
deposit  twenty-three dollars ($23)  
thirty-three dollars ($33)  of each fee into the county domestic
violence shelter-based programs special fund. The county domestic
violence shelter-based programs special fund shall fund domestic
violence shelter-based programs established pursuant to Section
18304. Four dollars ($4) of each  twenty-three dollars ($23)
  thirty-three dollars ($33)  deposited into the
county domestic violence shelter-based programs special fund shall be
used, to the extent feasible, to support or expand domestic violence
shelter-based programs to target underserved areas and populations.
No more than 8 percent of the funds shall be expended for the
administrative costs associated with the collection and segregation
of the additional marriage license fees, administration of the county
domestic violence shelter-based programs special fund, monitoring of
the domestic violence shelter-based programs, and meeting the other
administrative requirements imposed by this chapter. Counties that do
not participate in the establishing or funding of domestic violence
shelter-based programs pursuant to this chapter shall be entitled to
retain up to 4 percent of the funds for the administrative costs
associated with the collection and segregation of the additional
marriage license fees and the deposit of these fees in the county
domestic violence shelter-based programs special fund. 
  SECTION 1.    Notwithstanding Section 13964 of the
Government Code, there is hereby appropriated the sum of sixteen
million three hundred thousand dollars ($16,300,000) from the
Restitution Fund to the State Department of Public Health for
purposes of funding Chapter 6 (commencing with Section 124250) of
Part 2 of Division 106 of the Health and Safety Code.