BILL NUMBER: AB 1852	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Campos

                        FEBRUARY 22, 2012

   An act to add Section 26840.13 to the Government Code, to add
Section 103627.8 to the Health and Safety Code, and to add Section
18309.10 to the Welfare and Institutions Code, relating to domestic
violence.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1852, as introduced, Campos. Vital records: fees: domestic
violence.
   Existing law requires the collection of fees for issuing marriage
licenses and for providing certified copies of vital records,
including marriage certificates, birth certificates, fetal death
records, and death records. Existing law provides for the
establishment of county domestic violence program special funds for
the purpose of funding local domestic violence programs. Certain fees
payable at the time a marriage license or a certified copy of any of
the above-referenced vital records is issued may be collected by the
county clerks for deposit into these funds. Additionally, existing
law authorizes certain counties, upon making certain findings and
declarations, to authorize an increase in fees for marriage licenses
and confidential marriage licenses and for certified copies of
certain vital records, as specified. Existing law requires the
revenue from the fee increase to be allocated for purposes relating
to domestic violence prevention, intervention, and prosecution.
   This bill would authorize the Santa Clara County Board of
Supervisors and the City Council of San Jose, upon making findings
and declarations regarding the need for governmental oversight and
coordination of the multiple agencies dealing with domestic violence,
to authorize an increase in the fees for marriage licenses and
certified copies of certain vital records up to a maximum of $5 per
license or record and to annually adjust that amount for inflation,
as specified. This bill would require the fees to be allocated by the
county for purposes relating to domestic violence prevention,
intervention, and prosecution.
   This bill would make legislative findings and declarations as to
the necessity of a special statute for Santa Clara County and the
City of San Jose.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Domestic violence is costly, both in human and organizational
terms. The results of domestic violence have many "hidden" costs,
such as job turnover, loss of productivity, school absenteeism, and
low-school performance, in addition to the high cost of law
enforcement, civil and criminal justice, health services, mental
health services, substance abuse treatment, human services, and
community-based services.
   (b) Domestic violence affects people of all economic and education
levels, age groups, ethnic groups, and other social and community
characteristics. Domestic violence is characterized by a predictable,
escalating cycle that can result in the injury or death of victims,
including children.
   (c) Domestic violence puts children at risk. According to the
National Woman Abuse Prevention Project in Washington, D.C., children
in homes where domestic violence occurs are physically abused or
seriously neglected at a rate significantly higher than the national
average in the general population.
   (d) Child abuse and neglect have lifelong impacts on affected
children and society. Child abuse and neglect hinder brain
development in, and cause behavioral and emotional challenges for,
affected children. Studies have also shown that individuals with
adverse childhood experiences may demonstrate higher rates of health
problems such as obesity, alcoholism, depression, cancer, and heart
disease as adults.
   (e) Domestic violence is learned and generational. Studies show
that boys who witness family violence are more likely to batter their
female partners as adults than boys raised in nonviolent homes.
Girls who witness their mothers' abuse have higher rates of being
battered as adults.
   (f) Family violence encompasses all types of violent crime
committed by an offender who is related to the victim either
biologically or legally through marriage or adoption.
   (g) Domestic violence, child abuse and neglect, and family
violence require a multifaceted intervention that engages civil,
criminal, health, and social service sectors working together to
align objectives, protocols, policies, and activities of each sector.

   (h) Santa Clara County determined that achievement of this
alignment requires governmental oversight and coordination of the
multiple agencies involved in the domestic violence system. This
oversight and coordination is an essential link in a comprehensive
effort to eliminate domestic violence.
   (i) Santa Clara County has further determined that the fees
authorized by Section 26840.7 of the Government Code are not
sufficient and do not allow for governmental oversight and
coordination, as these funds are to be used only for domestic
violence centers offering direct services, and are currently fully
utilized for that purpose.
   (j) Santa Clara County has further determined that the fees
authorized by this act shall not exceed the cost of governmental
oversight and coordination of the domestic violence system.
  SEC. 2.  Section 26840.13 is added to the Government Code, to read:

   26840.13.  (a) The Santa Clara County Board of Supervisors, upon
making findings and declarations on the need for governmental
oversight and coordination of the multiple agencies dealing with
domestic violence, may authorize an increase in the fees for marriage
licenses and confidential marriage licenses, up to a maximum
increase of five dollars ($5).
   (b) Effective July 1 of each year, the Santa Clara County Board of
Supervisors may authorize an increase in these fees by an amount
equal to the increase in the Consumer Price Index for the San
Francisco metropolitan area for the preceding calendar year, rounded
to the nearest one-half dollar ($0.50). The fees shall be allocated
pursuant to Section 18309.10 of the Welfare and Institutions Code.
   (c) In addition to the fee prescribed by Section 26840.1, in Santa
Clara County, the person issuing authorization for the performance
of a marriage or confidential marriage, 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 the
fees specified in subdivisions (a) and (b) at the time of providing
the authorization.
  SEC. 3.  Section 103627.8 is added to the Health and Safety Code,
to read:
   103627.8.  (a) (1) The Santa Clara County Board of Supervisors,
upon making findings and declarations supporting the need for
governmental oversight and coordination of the multiple agencies
dealing with domestic violence, may authorize an increase in the fees
for certified copies of marriage certificates, birth certificates,
fetal death records, and death records, up to a maximum increase of
five dollars ($5).
   (2) The City Council of the City of San Jose, upon making findings
and declarations supporting the need for governmental oversight and
coordination of the multiple agencies dealing with domestic violence,
may authorize an increase in the fees for certified copies of birth
certificates, fetal death records, and death records, up to a maximum
increase of five dollars ($5).
   (b) Effective July 1 of each year, the Santa Clara County Board of
Supervisors and the City Council of the City of San Jose may
authorize an increase in these fees by an amount equal to the
increase in the Consumer Price Index for the San Francisco
metropolitan area for the preceding calendar year, rounded to the
nearest half-dollar ($0.50). The fees shall be disposed of pursuant
to the provisions of Section 18309.10 of the Welfare and Institutions
Code.
   (c) In addition to any other fees prescribed by law, any applicant
for a certified copy of a birth certificate, fetal death record, or
death record in Santa Clara County or in the City of San Jose shall
pay the fees specified in subdivisions (a) and (b) to the local
registrar, county recorder, or county clerk, as applicable, as
established by the Santa Clara County Board of Supervisors or the
City Council of the City of San Jose.
  SEC. 4.  Section 18309.10 is added to the Welfare and Institutions
Code, to read:
   18309.10.  (a) The Santa Clara County Board of Supervisors shall
direct the local registrar, county recorder, and county clerk to
deposit fees collected pursuant to Section 26840.13 of the Government
Code and Section 103627.8 of the Health and Safety Code into a
special fund. The county may retain up to 4 percent of the fund for
administrative costs associated with the collection and segregation
of the additional fees and the deposit of these fees into the special
fund. Proceeds from the fund shall be used for governmental
oversight and coordination of domestic violence and family violence
prevention, intervention, and prosecution efforts among the court
system, the district attorney's office, the public defender's office,
law enforcement, the probation department, mental health, substance
abuse, and child welfare services, adult protective services, and
community-based organizations and other agencies working in Santa
Clara County in order to increase the effectiveness of prevention,
early intervention, and prosecution of domestic and family violence.
   (b) The City Council of the City of San Jose shall direct the
local registrar to deposit fees collected pursuant to Section
103627.8 of the Health and Safety Code into a special fund. The city
may retain up to 4 percent of the fund for administrative costs
associated with the collection and segregation of the additional fees
and the deposit of these fees into the special fund. Proceeds from
the fund shall be used for governmental oversight and coordination of
domestic violence and family violence prevention and intervention
efforts, including law enforcement, mental health, public health,
substance abuse, victim advocacy, community education, and housing
services, in order to increase the effectiveness of prevention, early
intervention, and prosecution of domestic and family violence.
  SEC. 5.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances in Santa Clara County and the
City of San Jose with respect to domestic violence.