BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1852|
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THIRD READING
Bill No: AB 1852
Author: Campos (D)
Amended: 7/3/12 in Senate
Vote: 21
SENATE GOVERNANCE & FINANCE COMMITTEE : 6-3, 6/28/12
AYES: Wolk, DeSaulnier, Hernandez, Kehoe, Liu, Yee
NOES: Dutton, Fuller, La Malfa
ASSEMBLY FLOOR : 49-24, 4/26/12 - See last page for vote
SUBJECT : Vital records: fees: domestic violence
SOURCE : Author
DIGEST : This bill authorizes counties and some cities to
increase fees by up to $5 on copies of vital records to
fund the coordination of domestic violence and child abuse
prevention efforts.
ANALYSIS : Counties can charge fees when they issue
marriage licenses or provide certified copies of vital
records, such as birth certificates and death records.
Counties must add charges on to their marriage license fees
to fund domestic violence shelters. The additional amount
has increased over time and is now $23 (SB 5 (Presley),
Chapter 420, Statutes of 1993).
In 2001, the Legislature authorized a pilot program in
Contra Costa County, allowing the County to provide
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governmental oversight and coordination of domestic
violence prevention, intervention, and prosecution efforts
(SB 425 (Torlakson), Chapter 90, Statutes of 2001). After
making findings and declarations about the need for
governmental oversight and coordination, the board of
supervisors may fund the program by increasing fees by a
maximum of $4 on certified copies of marriage certificates,
birth certificates, fetal death records, and death records.
The County must deposit the fees into a special county
fund, with no more than 4% being retained for
administrative costs, and may increase the fees each year
by the Consumer Price Index. After a County report to the
Assembly and Senate Judiciary Committees cited improved
outcomes from the additional funding for domestic violence
prevention oversight and coordination activities,
legislators made Contra Costa's program permanent (SB 968
(Torlakson), Chapter 635, Statutes of 2006).
Legislators authorized similar pilot programs in Alameda
and Solano counties, allowing the counties to increase fees
for marriage licenses and certified copies of marriage
certificates, birth certificates, fetal death records, and
death records by up to $2 (AB 2010 (Hancock), Chapter 830,
Statutes of 2004). Because the City of Berkeley runs its
own domestic violence programs and maintains birth
certificates, fetal death, and death records for city
residents, it received a separate authorization to increase
vital records fees (AB 1712 (Hancock), Chapter 545,
Statutes of 2005).
In recent years, the Legislature has approved bills to:
Make the Alameda County and Berkeley programs permanent
(AB 73 (Hayashi), Chapter 215, Statutes of 2009);
Extend the sunset date for Solano County's pilot
program and authorize a similar pilot program in Sonoma
County (SB 635 (Wiggins), Chapter 356, Statutes of
2009); and,
Authorize a domestic violence prevention pilot program
in Stanislaus County (AB 1770 (Galgiani), Chapter 578,
Statutes of 2010).
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This bill allows a county board of supervisors, or a city
council of a city with a local registrar, upon making
findings and declarations of the need for governmental
oversight and coordination of agencies dealing with
domestic violence and child abuse, to increase fees for
certified copies of marriage certificates, birth
certificates, fetal death records, and death records by up
to $5.
This bill allows a board of supervisors or city council to
annually increase those fees by the increase in the
Consumer Price Index for the San Francisco metropolitan
area, rounded to the nearest half dollar.
This bill requires applicants for a certified copy of a
birth certificate, fetal death record, or death record to
pay an additional fee to the local registrar, county
recorder, or county clerk, as established by the board of
supervisors or city council.
This bill requires a county board of supervisors or city
council to direct the local registrar, county recorder, and
county clerk to deposit those fees into a special fund.
The county or city may retain up to 4% of the fund for
administrative costs.
This bill requires that proceeds from the fee increase on
birth records, fetal death records, and death records, must
be allocated as follows:
60% of the proceeds must 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.
40% of the proceeds must 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
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effectiveness of prevention and early intervention of
domestic and family violence.
This bill requires that all proceeds from the fee increase
from birth certificates must be deposited into the county
children's trust fund, and 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. If a county
does not have a county children's trust fund, the proceeds
shall be deposited in the State Children's Trust Fund.
This bill states that it must 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.
Comments
Domestic violence and child abuse have widespread, costly
effects in California. The response to domestic violence
and child abuse involves a complex web of stakeholders,
including law enforcement agencies, the courts, social
services agencies, and various non-profit community
organizations. By giving all counties the same vital
records fee authority that has been successfully
implemented in five counties and Berkeley, this bill
generates more money for the oversight and coordination of
domestic violence and child abuse prevention and
intervention efforts throughout California.
Prior Legislation
AB 1883 (Evans, 2010), which allowed all counties to adopt
pilot programs to provide governmental oversight and
coordination of domestic violence prevention, intervention,
and prosecution efforts and to fund community-based
nonprofits, died in the Senate Local Government Committee.
AB 1275 (DeSaulnier, 2007), which authorized any county to
impose additional vital records fees to fund domestic
violence, child abuse, and family violence programs, died
in the Senate Local Government Committee.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/3/12)
California Communities United Institute
California Partnership to End Domestic Violence
California Police Chiefs Association
Child Abuse Prevention Center
Next Door Solutions to Domestic Violence
Peace Officers Research Association of California
Santa Clara County Board of Supervisors
OPPOSITION : (Verified 7/3/12)
California Taxpayers Association
County Recorders' Association of California
Howard Jarvis Taxpayers Association
ARGUMENTS IN SUPPORT : The Santa Clara County Board of
Supervisors states:
Domestic violence is a serious problem in Santa Clara
County. In 2011, local law enforcement officers
referred over 3,860 non-lethal cases of domestic
violence to the District Attorney's office for review.
More troubling, there were 10 separate domestic violence
related incidents that resulted in 16 deaths during the
same time period. This is the largest number of
domestic violence related incidents and deaths in our
County since 2003.
Domestic violence cuts across all economic, social,
ethnic, and community characteristics as well as all age
groups and education levels. The response to domestic
violence situations includes assistance to the victim
and their children, who are often witnesses to the
violence, as well as prosecuting and holding the
batterer accountable.
ARGUMENTS IN OPPOSITION : California Taxpayers
Association states, "The tax-like 'fee' authorized in this
bill is not an equitable mechanism for mitigating domestic
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violence. Domestic violence is apparent in many households
- yet the bill would require persons requesting vital
records (i.e., birth certificates, death certificates,
etc.) to pay for mitigation programs. When a program
mitigates general societal problems, those programs are
more appropriately funded through taxes, not fees. A true
fee on licenses or records merely covers the administrative
costs of processing and printing the license or record, as
well as any administrative staff time used to cover the
cost of providing such a service."
ASSEMBLY FLOOR : 49-24, 4/26/12
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Chesbro, Davis,
Dickinson, Eng, Feuer, Fong, Fuentes, Galgiani, Gatto,
Hall, Hayashi, Roger Hern�ndez, Hill, Huber, Hueso,
Huffman, Lara, Bonnie Lowenthal, Ma, Mendoza, Mitchell,
Monning, Pan, Perea, V. Manuel P�rez, Portantino,
Skinner, Solorio, Swanson, Torres, Wieckowski, Williams,
Yamada, John A. P�rez
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Beth Gaines, Garrick, Gorell, Grove, Hagman, Halderman,
Jeffries, Knight, Logue, Mansoor, Miller, Morrell,
Nestande, Nielsen, Norby, Olsen, Silva, Valadao, Wagner
NO VOTE RECORDED: Cedillo, Fletcher, Furutani, Gordon,
Harkey, Jones, Smyth
AGB:k 7/3/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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