BILL ANALYSIS
SENATE JUDICIARY COMMITTEE
Senator Ellen M. Corbett, Chair
2009-2010 Regular Session
SB 662 (Yee)
As Amended June 21, 2010
Hearing Date: August 9, 2010
Fiscal: No
Urgency: No
KB:jd
PURSUANT TO SENATE RULE 29.10
SUBJECT
Domestic Violence: Marriage License Fees
DESCRIPTION
This bill would permit a county board of supervisors to increase
the marriage license fees used to fund domestic violence
shelters by $10 dollars, and would clarify when such shelters
may receive these funds.
BACKGROUND
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 each
year who are physically abused. While these numbers are
staggering, they only include reported cases of domestic
violence; many more cases go unreported.
Domestic violence is a significant problem in California. In
2005, the Attorney General's Task Force on Domestic Violence
reported the following:
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,
(more)
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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).)
Further, 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. In addition, California law
enforcement received over 165,000 domestic violence calls - over
65,000 involved weapons, including guns and knives.
In order to create more funding for vital services for domestic
violence victims, this measure seeks to permit a county board of
supervisors to increase the marriage license fees used to fund
domestic violence shelters by $10, and would clarify when such
shelters may receive these funds.
CHANGES TO EXISTING LAW
Existing law 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.
(Gov. Code Secs. 26840.7-40.8; Welf. & Inst. Code Sec. 18290 et
seq.)
Existing law requires domestic violence shelter-based programs
that receive the special funds described-above 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. Existing law 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
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assistance, psychological support and counseling, and
information regarding other available social services. (Welf. &
Inst. Code Secs. 18294-95.)
Existing law requires that all proposed and existing domestic
violence shelter-based programs that meet these specified
requirements must receive the special funding from marriage
license fees, upon approval by the local board of supervisors.
(Welf & Inst. Code Sec. 18293.)
Existing law allows geographically adjacent counties to combine
domestic violence shelter-based resources in order to provide
services to the clients of each of those counties. (Welf. &
Inst. Code Sec. 18304.)
Existing law requires that the domestic violence shelter-based
program special funds be disbursed to domestic violence
shelter-based programs on a yearly or more frequent basis
through a request for qualification (RFQ) process. (Welf. &
Inst. Code Sec. 18305.)
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 domestic
violence shelters, as specified. (Health & Saf. Sec. 124250.)
This bill would authorize a county board of supervisors to
increase the marriage license fee used to fund domestic violence
shelters by $10, from $23 to $33.
This bill would require that, to receive funding from the
special domestic violence shelter-based program fees, domestic
violence shelter-based programs must be in existence and not
just proposed.
This bill would allow 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.
This bill would require that domestic violence shelter-based
programs special funds be disbursed through a request for
qualification (RFQ) process that involves a determination of
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whether the domestic violence shelter-based program in question
meets specified requirements. This bill would provide that if
the program meets the specified requirements, it has
successfully completed the RFQ process.
COMMENT
1. Stated need for the bill
The author states:
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 it 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.
2. Bill would allow counties to increase marriage license
fees by $10
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Marriage license fees currently include a statewide $23 fee to
help fund domestic violence shelter-based programs. This fee
was first authorized in 1980 and was last increased by $6 in
1993. (SB 3 (Presley, Chapter 420, Statutes of 1993).)
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) 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.
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.
Shelters have reportedly had to turn away 44,000 adult victims
in the last six years because the shelters were full. This bill
would allow, but not require, county boards of supervisors to
increase the fee to $33 in order to better meet the needs of
victims of domestic violence.
3.Bill would make several changes to how shelters may be funded
under the marriage license fee program
This bill would make three 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 in the previous comment. This bill would instead
provide that only shelters that are already in existence can
qualify for funding. Thus, a shelter that has not yet begun
operating would not qualify for funds from the special fee
program. Once a shelter is actually operating and in existence,
it would then be eligible for funds.
Second, existing law allows counties to fund shelters in
geographically adjacent counties. This bill would require that
a county first fund all domestic violence shelter-based programs
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within the county borders that meet the funding requirements
before it can fund a shelter in another county. Additionally,
the funding county could only fund shelters outside that county
if those shelters provide services to residents of the funding
county. This provision should help ensure that funds collected
in a county are being utilized to help that county's residents
in obtaining shelter and related services when escaping domestic
violence.
Finally, current law requires that counties use a Request for
Qualification (RFQ) process to determine if shelters are
qualified to receive funding, but is otherwise silent as to what
that process entails. This bill would clarify that the RFQ
process involves only a determination of whether a shelter
qualifies for the funding by providing the required services.
Thus, if a shelter provides the required services and qualifies
for funding, then it has, under this bill, completed the RFQ
process. This bill would specifically provide that the RFQ
process is not meant to be a competitive bidding process.
4. Bill would make a technical correction to existing
statute
Existing law specifies that additional fees received by counties
and cities with existing domestic violence prevention and
intervention programs that are in excess of the fees authorized
for shelters shall be available to specified cities and counties
for funding domestic violence programs other than shelter-based
programs. Sonoma County recently was authorized to begin
collecting fees for domestic violence prevention and
intervention. (SB 635 (Wiggins, Chapter 356, Statutes of
2009).) This bill would add Sonoma County to the existing list
of counties with such programs in Welfare and Institutions Code
Section 18293, which are authorized to use excess fees for
non-shelter-based domestic violence programs.
5. Opposition
This bill is opposed by the Howard Jarvis Taxpayers Association
and the Stop Hidden Taxes Coalition, which argue 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.
A tax does require a two-thirds vote of the Legislature or of
local voters; however, a bona fide regulatory fee does not.
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(Cal. Const. art. XIII, sec. 3.) The California Supreme Court
laid out the distinction between a fee and a tax in Sinclair
Paint v. Board of Equalization (1997) 15 Cal.4th 866. 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.
Domestic violence affects families across all economic,
educational, age, and ethnic lines. While an inherent
characteristic of domestic violence is that it occurs within
intimate relationships, it has spillover effects that can impact
the community as a whole. The fees authorized pursuant to this
bill would not be used for general revenue purposes, but rather
for the specific purpose of funding domestic violence
shelter-based programs. These programs service individuals who
have suffered violence in their intimate relationships, which
are often times married individuals. Also, there is no
indication that the fees levied pursuant to this bill are
excessive. Thus, it appears that the fees authorized in this
bill meet the Sinclair Paints test and are regulatory fees, not
special taxes.
Support : California Commission on the Status of Women; City of
Los Angeles; City and County of San Francisco; Crime Victims
United of California; Inter-Tribal Council of California;
National Association of Social Workers; Peace Officers Research
Association of California; Project Sanctuary
Opposition : Howard Jarvis Taxpayers Association; Stop Hidden
Taxes Coalition
HISTORY
Source : California Partnership to End Domestic Violence
Related Pending Legislation :
SB 1222 (Wolk) would extend the existing pilot program in Solano
County which allows for collection of specified fees for the
purpose of domestic violence prevention until January 1, 2012.
This bill is currently on the Assembly Floor.
AB 1770 (Galgiani) would authorize the Stanislaus County Board
of Supervisors, until January 1, 2016, to increase fees for
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certified copies of marriage certificates, birth certificates,
fetal death records, and death records by up to $2 for the
purposes of collecting funds for governmental oversight and
coordination of a variety of domestic violence and family
violence prevention, intervention, and prosecution efforts.
This bill is currently on the Senate Floor.
AB 1883 (Evans) would allow for the establishment of similar
domestic violence prevention funding pilot programs in all
counties. This bill was held in the Senate Local Government
Committee.
AB 2348 (Yamada) would establish a similar domestic violence
prevention funding pilot program in Yolo County. This bill was
held in the Assembly Judiciary Committee.
Prior Legislation :
SB 3 (Presley, Chapter 420, Statutes of 1993) increased the
statewide marriage license fees to help fund domestic violence
shelter-based programs by six dollars.
SB 635 (Wiggins, Chapter 356, Statutes of 2009) authorized the
Sonoma County Board of Supervisors to begin assessing fees on
specified vital records to be used for domestic violence
prevention and intervention.
Prior Vote :
Assembly Judiciary Committee (Ayes 7, Noes 3)
Assembly Floor (Ayes 49, Noes 27)
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