Bill Text: CA AB73 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Marriage licenses: vital records: fees: domestic

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 215, Statutes of 2009. [AB73 Detail]

Download: California-2009-AB73-Introduced.html

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BILL NUMBER: AB 73	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hayashi

                        DECEMBER 15, 2008

   An act to amend Sections 26840.10 and 26840.11 of the Government
Code, to amend Sections 103627 and 103628 of the Health and Safety
Code, and to amend Sections 18309 and 18309.5 of the Welfare and
Institutions Code, relating to domestic violence.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 73, as introduced, Hayashi. Marriage licenses: 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 vital records is issued may be collected by the county
clerks for deposit into these funds.
   Existing law authorizes the Alameda County Board of Supervisors
and the Solano County Board of Supervisors, until January 1, 2010,
upon making certain findings and declarations, to authorize an
increase in the fees for marriage licenses and confidential marriage
licenses, up to a maximum increase of $2. Existing law authorizes
those boards of supervisors, and the City Council of the City of
Berkeley, upon making certain findings and declarations, to authorize
an increase in the fees for certified copies of certain vital
records, up to a maximum increase of $2. Existing law authorizes
those governmental entities to make further increases in those fees
each year, as specified. Existing law requires these fees to be
allocated for purposes relating to domestic violence prevention,
intervention, and prosecution.
   This bill would extend the operation of those provisions
indefinitely.
   Existing law requires the Alameda County Board of Supervisors and
the Solano County Board of Supervisors to submit to the Assembly and
Senate Committees on Judiciary, by July 1, 2009, reports regarding
the above fee increases, as specified.
   This bill would, instead, require those boards of supervisors to
submit preliminary reports by July 1, 2009, and final reports by July
1, 2014.
   The bill would also make technical, nonsubstantive related
changes.
   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.  Section 26840.10 of the Government Code is amended to
read:
   26840.10.  (a) The Alameda County Board of Supervisors, upon
making findings and declarations  for   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 two dollars ($2).
   (b) Effective July 1 of each year, the Alameda 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 half-dollar ($0.50). The fees shall be allocated
pursuant to Section 18309 of the Welfare and Institutions Code.
   (c) In addition to the fee prescribed by Section 26840.1, in
Alameda 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.
   (d) The Alameda County Board of Supervisors shall submit to the
Assembly  Judiciary Committee and the Senate Judiciary
Committee,   and Senate Committees on Judiciary a
preliminary report  no later than July 1, 2009,  and  a
 final  report  containing   no later
than July 1, 2014. Both reports shall contain  the following
information:
   (1) The annual amounts of funds received and expended from fee
increases for the purpose of governmental oversight and coordination
of domestic violence prevention, intervention, and prosecution
efforts in the county.
   (2) Outcomes achieved as a result of the activities associated
with the implementation of this section. 
   (e) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted statute
deletes or extends that date. 
  SEC. 2.  Section 26840.11 of the Government Code is amended to
read:
   26840.11.  (a) The Solano County Board of Supervisors, upon making
findings and declarations  for   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 two dollars ($2).
   (b) Effective July 1 of each year, the Solano 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 18309.5 of the Welfare and Institutions Code.
   (c) In addition to the fee prescribed by Section 26840.1, in
Solano 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.
   (d) The Solano County Board of Supervisors shall submit to the
Assembly and Senate Committees on  Judiciary,  
Judiciary a preliminary report  no later than July 1, 2009, 
and  a  final  report  containing 
 no later than July 1, 2014. Both reports shall contain  the
following information:
   (1) The annual amounts of funds received and expended from fee
increases for the purpose of governmental oversight and coordination
of domestic violence prevention, intervention, and prosecution
efforts in the county.
   (2) Outcomes achieved as a result of the activities associated
with the implementation of this section. 
   (e) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date. 
  SEC. 3.  Section 103627 of the Health and Safety Code is amended to
read:
   103627.  (a) (1) The Alameda County Board of  Supervisors
,   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 two dollars ($2).
   (2) The City Council of the City of Berkeley, 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 two dollars ($2).
   (b) Effective July 1 of each year, the Alameda County Board of
Supervisors and the City Council of the City of Berkeley 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 of the Welfare and Institutions
Code.
   (c) In addition to the fees prescribed by subdivisions (a) and
(b), any applicant for a certified copy of a birth certificate, a
fetal death record, or death record in Alameda County or in the City
of Berkeley shall pay an additional fee to the local registrar,
county recorder, or county clerk, as applicable, as established by
the Alameda County Board of Supervisors or the City Council of the
City of Berkeley. 
   (d) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted statute
deletes or extends that date. 
  SEC. 4.  Section 103628 of the Health and Safety Code is amended to
read:
   103628.  (a) The Solano County Board of Supervisors, upon making
findings and declarations  for   on  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 two dollars ($2).
   (b) Effective July 1 of each year, the Solano 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 18309.5 of the Welfare and Institutions Code.
   (c) In addition to the fees prescribed by subdivisions (a) and
(b), any applicant for a certified copy of a birth certificate, a
fetal death record, or death record in Solano County shall pay an
additional fee to the local registrar, county recorder, or county
clerk as established by the Solano County Board of Supervisors.

   (d) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date. 
  SEC. 5.  Section 18309 of the Welfare and Institutions Code is
amended to read:
   18309.  (a)  The Alameda County Board of Supervisors shall direct
the local registrar, county recorder, and county clerk to deposit
fees collected pursuant to Section 26840.10 of the Government Code
and Section 103627 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, child welfare services, adult protective services, and
community-based organizations and other agencies working in Alameda
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 Berkeley shall direct the
local registrar to deposit fees collected pursuant to Section 103627
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,
in order to increase the effectiveness of prevention, early
intervention, and prosecution of domestic and family violence.

   (c) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted statute
deletes or extends that date. 
  SEC. 6.  Section 18309.5 of the Welfare and Institutions Code is
amended to read:
   18309.5.   (a)    The Solano
County Board of Supervisors shall direct the local registrar, county
recorder, and county clerk to deposit fees collected pursuant to
Section 26840.11 of the Government Code and Section 103628 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, child welfare services, adult protective services, and
community-based organizations and other agencies working in Solano
County in order to increase the effectiveness of prevention, early
intervention, and prosecution of domestic and family violence.

   (b) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.