BILL NUMBER: AB 1852 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 20, 2012
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 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 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 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 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 and child
abuse , to authorize an increase in the fees for 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 , as
specified, by the county or city for purposes relating to
domestic violence prevention, intervention, and prosecution
the prevention and intervention of domestic violence
and child abuse .
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 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 and child abuse , 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 and child abuse , 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. 3. Section 18309.10 is added to the Welfare and Institutions
Code, to read:
18309.10. (a) (1) A county board of
supervisors shall direct the local registrar, county recorder, and
county clerk to deposit fees collected pursuant to Section 103627.8
of the Health and Safety Code into a special fund. The
(2) 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
(3) Proceeds from the
fund fee increase collected pursuant to Section
103627.8 of the Health and Safety Code 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 the county in order to increase the effectiveness of
prevention, early intervention, and prosecution of domestic and
family violence. as follows:
(A) (i) Sixty percent of the proceeds from the fee increase from
marriage certificates, fetal death records, and death records shall
go to nonprofit, community-based organizations that serve domestic
violence victims and their families, including, but not limited to,
organizations that serve underserved communities, including the
lesbian, gay, bisexual, and transgender community, ethnic and racial
communities, the disabled community, teens, and the elderly.
(ii) Forty percent of the proceeds from the fee increase from
marriage certificates, fetal death records, and death records 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 and early
intervention of domestic and family violence.
(B) All proceeds from the fee increase from birth certificates
shall go to community-based organizations and other agencies in the
county for the purpose of increasing the effectiveness and prevention
and early intervention of child abuse and neglect.
(b) (1) 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
(2) 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.
(3) Proceeds from the fee increase collected pursuant to Section
103627.8 of the Health and Safety Code shall be used as follows:
(A) (i) Sixty percent of the proceeds from the fee increase from
marriage certificates, fetal death records, and death records shall
go to nonprofit, community-based organizations that serve domestic
violence victims and their families, including, but not limited to,
organizations that serve underserved communities, including the
lesbian, gay, bisexual, and transgender community, ethnic and racial
communities, the disabled community, teens, and the elderly.
(ii) Forty percent of the proceeds from the fee increase from
marriage certificates, fetal death records, and death records 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 and early
intervention of domestic and family violence.
(B) All proceeds from the fee increase from birth certificates
shall go to community-based organizations and other agencies in the
county for the purpose of increasing the effectiveness of prevention
and early intervention of child abuse and neglect.
SEC. 4. This act shall not be construed to affect any other law
that authorizes a county or city to increase fees for certified
copies of marriage certificates, birth certificates, fetal death
records, and death records.