BILL NUMBER: SB 782	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Yee

                        FEBRUARY 27, 2009

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



	LEGISLATIVE COUNSEL'S DIGEST


   SB 782, as introduced, Yee. Domestic violence: marriage license
fees.
   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, for funding of domestic violence
shelter-based programs, to be disposed of by the county clerk under
specified provisions, including a requirement that $4 be used, to the
extent feasible, to develop and expand domestic violence centers to
target underserved areas and populations.
   This bill would increase the fee required to be collected for
domestic violence centers to $30 and would require $6 of that amount
to be allocated to develop and expand shelter-based programs to
target underserved areas and populations to the extent feasible.
   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.
   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
dollars ($30)  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)
  six dollars ($6)  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 dollars ($30)  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)   six dollars ($6)  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 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 dollar ($30)  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 18305 of the Welfare and Institutions Code is
amended to read:
   18305.  (a) At the time of issuance of a marriage license pursuant
to Section 26840 of the Government Code,  twenty-three
dollars ($23)   thirty dollars ($30)  of each fee
paid shall be collected by the county clerk for deposit into the
county domestic violence shelter-based programs special fund. 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 funds shall be disbursed using a
request for qualification (RFQ) process.
   (b) The board of supervisors shall direct the county clerk to
deposit  twenty-three dollars ($23)   thirty
dollars ($30)  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)  Six dollars ($6)  of
each  twenty-three dollars ($23)   thirty
dollars ($30)  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.