BILL NUMBER: AB 1852	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 23, 2012
	AMENDED IN ASSEMBLY  APRIL 9, 2012

INTRODUCED BY   Assembly Member Campos
   (Coauthors: Assembly Members Alejo, Allen,  Ammiano,
Blumenfield,  Hill,   Ma,  Mitchell, Williams, and
Yamada)
   (Coauthor: Senator Evans)

                        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 amended, 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 a county board of supervisors and
certain city councils, 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 or city for purposes relating to domestic violence
prevention, intervention, and prosecution.
   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,
including 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, including 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.

  SEC. 2.    Section 26840.13 is added to the
Government Code, to read:
   26840.13.  (a) A 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, a 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, 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.   SEC. 2   .   Section
103627.8 is added to the Health and Safety Code, to read:
   103627.8.  (a) (1) A 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) A city council of a city with a local registrar, 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, a county board of supervisors
and a city council of a city with a local registrar 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, an applicant
for a certified copy of a birth certificate, fetal death record, or
death record in a county or city 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 county board of
supervisors or the city council of a city with a local registrar.
   SEC. 4.   SEC.   3.   Section
18309.10 is added to the Welfare and Institutions Code, to read:
   18309.10.  (a) A 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   the county
 in order to increase the effectiveness of prevention, early
intervention, and prosecution of domestic and family violence.
   (b) A city council of a city with a local registrar 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.   SEC.   4.   This act
shall not be construed to affect any other law that authorizes a
county or city to increase fees for  marriage licenses and
confidential marriage licenses and  certified copies of
marriage certificates, birth certificates, fetal death records, and
death records.