BILL ANALYSIS
SB 662
Page 1
Date of Hearing: June 15, 2010
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
SB 662 (Yee) - As Amended: May 24, 2010
As Proposed to be Amended
SENATE VOTE : Not Relevant
SUBJECT: DOMESTIC VIOLENCE: MARRIAGE LICENSE FEES
KEY ISSUE : IN ORDER TO HELP FUND DOMESTIC VIOLENCE SHELTERS
PROVIDING A SAFE HAVEN FOR VICTIMS AND THEIR CHILDREN, SHOULD
COUNTY BOARDS OF SUPERVISORS BE PERMITTED TO INCREASE THE
MARRIAGE LICENSE FEE USED TO FUND DOMESTIC VIOLENCE SHELTERS,
WHICH HAS NOT BEEN RAISED FOR 17 YEARS, BY $10?
FISCAL EFFECT : As currently in print this bill is keyed
non-fiscal.
SYNOPSIS
This bill, sponsored by the California Partnership to End
Domestic Violence, allows counties to increase marriage license
fees used to fund domestic violence shelters by $10, from $23 to
$33. This fee began in 1980 and was last increased by $6 in
1993. The optional $10 fee just barely keeps pace with
inflation. This bill also makes three relatively minor changes
to how these fees are to be used.
This bill is supported by over 50 law enforcement, community and
domestic violence organizations who note that reductions in
pubic and private funding and a significant increase in the
demand for services have forced shelters to reduce core services
and eliminate non-funded services to survivors of violence and
their children. Without additional funds, more and more victims
of domestic violence and their children will be turned away due
to lack of resources. While the fee increase permitted by the
bill will not make up for lost state funding, it should help
shelters provide core services to families escaping violence.
This bill is opposed by the Stop Hidden Taxes Coalition, which
argues that the fee increase is in reality a tax increase that
requires approval by a two-thirds public vote, and, therefore,
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violates the state constitution. The California Supreme Court
in Sinclair Paints v. Board of Equalization (1997) 15 Cal.4th
866 set forth a two-prong test to determine whether a particular
increase in revenue is a fee or a tax. Under that test a fee
cannot exceed the reasonable cost of providing the services
necessary for which the fee is charged, and must not be levied
for an unrelated revenue purpose. The fee proposed by this bill
appears to satisfy both prongs of that test.
SUMMARY : Permits a county board of supervisors to increase the
marriage license fees used to fund domestic violence shelters by
$10 and clarifies when such shelters may receive these funds.
Specifically, this bill :
1)Authorizes a county board of supervisors to increase the
marriage license fee used to fund domestic violence shelters
by $10, from $23 to $33.
2)Requires that, to be funded with the special domestic violence
shelter-based program fees, domestic violence shelter-based
programs must be existing and not just proposed.
3)Allows a county to use its domestic violence shelter-based
program funds to fund a shelter outside of the county only if
both of the following conditions are satisfied: (a) the
county already funds all domestic violence shelter-based
programs within the county borders that meet specified
requirements; and (b) the program to be funded outside of the
county provides services to residents of the funding county.
4)Requires that domestic violence shelter-based programs special
funds be disbursed through a request for qualification (RFQ)
process that involves a determination of whether the domestic
violence shelter-based program in question meets specified
requirements. Provides that if the program meets the
specified requirements, it has successfully completed the RFQ
process.
EXISTING LAW :
1)Establishes a $23 fee that must be collected at the time of
issuance of a marriage license to be used, by way of a special
fund, to fund domestic violence shelter-based programs.
(Government Code Sections 26840.7-40.8; Welfare & Institutions
Code Section 18290 et seq. Unless stated otherwise, all
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further references are to the Welfare and Institutions Code.)
2)Requires domestic violence shelter-based programs that receive
the special funds in #1 to provide specified services,
including: (a) 24 hour/7 day a week shelter services; (b)
temporary housing and food facilities; (c) a drop-in center to
assist victims of domestic violence; and (d) arrangements for
school-age children to continue their education during their
stay at the shelter. Requires, to the extent possible, and in
conjunction with already existing community services, domestic
violence shelter-based programs to provide victims of domestic
violence with medical care, legal assistance, psychological
support and counseling, and information regarding other
available social services. (Sections 18294-95.)
3)Requires that all proposed and existing domestic violence
shelter-based programs that meet the requirements in #2 must
receive the marriage license fees special funding, upon
approval by the local board of supervisors. (Section 18293.)
4)Allows geographically adjacent counties to combine domestic
violence shelter-based resources in order to provide services
to the clients of each of those counties. (Section 18304.)
5)Requires that the domestic violence shelter-based program
special funds be disbursed to approved domestic violence
shelter-based programs on a yearly or more frequent basis
through an RFQ process. (Section 18305.)
6)Requires the Maternal and Child Health Branch of the State
Department of Public Health to administer a comprehensive
shelter-based services grant program to domestic violence
shelters, as specified. (Health & Safety Section 124250.)
COMMENTS : This bill seeks to increase funding available to
domestic violence shelters and makes minor changes in how these
groups are to be funded.
Writes the author:
Each year, many victims of domestic violence find
themselves in crisis situations with no place to go.
Domestic violence shelters are often the only safe
haven for victims fleeing violence, and shelter
services are known to save lives. Shelters serve a
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critical need for victims in crisis. . . .
California has a network of over 100 domestic violence
shelter-based programs. These programs provide
shelter in confidential locations 24 hours a day,
seven days a week, and provide services from staff
with expertise and specific domestic violence
training. These programs provide comprehensive
services to thousands of victims including counseling
and support groups, prevention services, legal
support, crisis hot-lines and community outreach. . .
.
For more than thirty years, marriage license fees have
supported these vital domestic violence shelters.
However, with the elimination of state funding in
2009, reductions in local and private donations, and a
massive increase in the demand for services, shelters
are operating on shoestring budgets and are forced to
reduce core services and eliminate non-funded services
to survivors of violence and their children. In some
cases they have been forced to close altogether.
Far too many women and children who need shelter are
turned away due to lack of space, and return home to
life-threatening situations. Over 44,000 adult victims
were turned away from state-funded domestic violence
shelters during the last six years because shelters
were full.
SB 662 allows counties to increase the existing
marriage license fee that goes to domestic violence
shelters by $10, from $23 to $33. The current $23
level has not been increased since 1993, so has not
kept up with inflation and cost of living increases.
During these challenging budget times, this fee has
become a vital lifeline to these needed programs.
Devastating Effects of Domestic Violence on Children and
Families : Domestic violence is a serious criminal justice and
public health problem most often perpetrated against women.
(Extent, Nature and Consequences of Intimate Partner Violence:
Findings from the National Violence against Women Survey, U.S.
Department of Justice (2001).) Prevalence of domestic violence
at the national level ranges from 960,000 to three million women
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each year who are physically abused by their husbands or
boyfriends. While the numbers are staggering, they only include
those cases of reported domestic violence. In fact, according
to a 1998 Commonwealth Fund survey of women's health, nearly 31%
of American women report being physically or sexually abused by
a husband or boyfriend at some point in their lives. (Health
Concerns Across a Woman's Lifespan: 1998 Survey of Women's
Health, The Commonwealth Fund (May 1999).)
Domestic violence continues to be a significant problem in
California. In 2005, the Attorney General's Task Force on
Domestic Violence reported that:
The health consequences of physical and psychological
domestic violence can be significant and long lasting,
for both victims and their children. . . . A study by
the California Department of Health Services of
women's health issues found that nearly six percent of
women, or about 620,000 women per year, experienced
violence or physical abuse by their intimate partners.
Women living in households where children are present
experienced domestic violence at much higher rates
than women living in households without children:
domestic violence occurred in more than 436,000
households per year in which children were present,
potentially exposing approximately 916,000 children to
violence in their homes every year.
(Report to the California Attorney General from the Task Force
on Local Criminal Justice Response to Domestic Violence, Keeping
the Promise: Victim Safety and Batterer Accountability (June
2005) (footnotes omitted).)
According to data provided by the author, in 2008 there were 113
murders from intimate partner violence in California; 99 women
in California were killed by their husbands, ex-husbands or
boyfriends; and 14 men were killed by their wives, ex-wives or
girlfriends; and California law enforcement received over
165,000 domestic violence calls - over 65,000 involved weapons,
including guns and knives.
Domestic Violence Shelters Provide Critical Services to Victims
and Their Children : In order to qualify for the marriage
license special fees, a domestic violence shelter must provide
critical services to victims and their children, including: (a)
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24 hour/7 day a week shelter services; (b) a 24-hour a day
hotline for crisis calls; (c) temporary housing and food
facilities; (d) psychological support and peer counseling; (e) a
drop-in center to assist victims; and (f) arrangements for
school-age children to continue their education during their
stay at the domestic violence shelter-based program. In
addition, to the extent possible, and in conjunction with
already existing community services, the shelter must provide
victims with medical care, legal assistance, psychological
support and counseling, and information regarding other
available social services. These important services require
considerable resources.
This Bill Allows Counties to Increase Marriage License Fees by
$10 in Order to Help Fund Domestic Violence Shelters : Today the
marriage license fee includes a statewide $23 fee to help fund
domestic violence shelter-based programs. That fee began in
1980 and was last increased by $6 in 1993. (SB 3 (Presley),
Chap. 420, Stats. 1993.) According to information from the
author and the bill's supporters, the current fees are not
sufficient to meet the needs of victims of domestic violence
and their families, with shelters turning away 44,000 adult
victims in the last six years because the shelters were full.
While not requiring that the fee be increased, this bill allows
county boards of supervisors to increase the fee to $33 in order
to better meet the needs of victims of domestic violence. This
$10 optional fee increase almost keeps pace with inflation.
This Bill Also Clarifies How Domestic Violence Shelters Can be
Funded Under the Special Marriage License Fee Program : This
bill also makes three relatively minor changes in how the
domestic violence marriage license fees are to be used. First,
existing law requires that in order to be funded, existing or
proposed domestic violence shelters have to provide the specific
services, discussed above. This bill limits it so that only
existing shelters can qualify for funding.
Second, existing law allows counties to fund shelters in
geographically adjacent counties. In order to ensure that
shelters are available and providing services to residents of
all counties, this bill requires that before a county can fund a
shelter in another county, the funding county must first fund
all domestic violence shelter-based programs within the county
borders that meet the funding requirements. Additionally, the
funding county can only fund shelters outside that county if
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those shelters provide services to residents of the funding
county. This provision should help ensure that residents of all
counties are able to access shelters.
Finally, the bill clarifies how the RFQ process works for
domestic violence shelters seeking marriage license fee funding.
Current law requires that counties use an RFQ process to
determine if shelters are qualified to receive funding, but
otherwise is silent as to what is meant by that process. This
bill clarifies that the RFQ process involves only a
determination of whether a shelter qualifies for the funding by
providing the required services. If a shelter qualifies, it
has, under this bill, completed the RFQ process. The bill
specifically provides that the RFQ process is not meant to be a
competitive bidding process.
Technical Amendment : This bill inadvertently left out one of
four counties with an existing domestic violence prevention and
intervention program. The author rightly proposes to add in the
missing county to the list of those that currently have that
domestic violence program. This technical amendment is
accomplished by the following:
On page 4, line 18, after "Solano County," insert: "Sonoma
County,"
ARGUMENTS IN SUPPORT : This bill is supported by over 50 law
enforcement, community and domestic violence organizations who
note that reductions in pubic and private funding, and a
significant increase in the demand for services, has forced
shelters to reduce core services and eliminate non-funded
services to survivors of violence and their children. Without
additional funds, more and more victims of domestic violence and
their children will be turned away due to lack of resources.
While the fee increase permitted by the bill will not make up
for lost state funding, it should help shelters provide core
services to families escaping violence.
ARGUMENTS IN OPPOSITION : This bill is opposed by the Stop
Hidden Taxes Coalition, who argues that that the fee increase is
in reality a tax increase that requires approval by a two-thirds
public vote, and, therefore, violates the state constitution.
While a tax does indeed require a two-thirds vote of the
Legislature or of local voters, a bona fide regulatory fee does
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not. The California Supreme Court laid out the distinction
between a fee and a tax in Sinclair Paints v. Board of
Equalization (1997) 15 Cal.4th 866. In that case, the Court
found that a fee assessed on paint manufacturers under the
Childhood Lead Poisoning Prevention Act of 1991 was properly a
bona fide regulatory fee designed to mitigate the effects of
lead poisoning and not a tax. In order to be classified as a
regulatory fee and not a tax, the court held that the fee must
not exceed the reasonable cost of providing the services
necessary for which the fee is charged, and must not be levied
for an unrelated revenue purpose.
Following the first prong of the Sinclair Paints test, this bill
provides that fees from the program can only be used for
specific domestic violence shelter-based programs. Thus, the
fees cannot exceed the reasonable cost of the services for which
the fee is charged. Moreover, there is no suggestion that the
fees charged are in excess of the cost of providing the
specified services.
Under the second prong of the Sinclair Paints test, the fee must
be levied for a related purpose. Here, the nexus between the
fee and the services it funds is quite simple - domestic
violence requires an intimate relationship, most notably
marriage.
REGISTERED SUPPORT / OPPOSITION :
Support
California Partnership to End Domestic Violence (sponsor)
A Safe Place
African Community Resource Center
Antelope Valley Domestic Violence Council
Asian Women's Shelter
Association for Los Angeles Deputy Sheriffs
California Narcotic Officers Association
California Peace Officers Association
California Police Chiefs Association
Center for a Non Violent Community
Center for Judicial Excellence
Center for Violence-Free Relationships
Central California Family Crisis Center
City and County of San Francisco
City of Los Angeles
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Community Overcoming Relationship Abuse
Community Solutions
Crime Victims United
Domestic Violence & Sexual Assault Coalition
Family Violence Law Center
House of Ruth
HR BizPartners LLC
Human Response Network
Interface Children Family Services
La Casa de las Madres
Laura's House
Marjaree Mason Center
Marin Abused Women's Services
Napa Emergency Women's Services
National Association of Social Workers - California Chapter
National Council of Jewish Women
Next Door Solutions to Domestic Violence
Peace Officers Research Association of California
Project Sanctuary
Rainbow Services
Riverside Sheriffs' Association
San Francisco Department on the Status of Women
Shasta County Department of Mental Health
Shasta Women's Refuge
South Bay Community Services
South Lake Tahoe Women's Center
STAND! Against Domestic Violence
Tahoe Women's Services
Tri-Valley Haven
Vietnamese Youth Development Center
WOMAN, Inc.
Women's Center - High Desert, Inc.
Women's Crisis Support - Defensa de Muejeres
Women Organized to Make Abuse Nonexistent
YWCA of Glendale
Three individuals
Opposition
Stop Hidden Taxes Coalition
Analysis Prepared by : Leora Gershenzon / JUD. / (916) 319-2334