Bill Text: CA SB635 | 2009-2010 | Regular Session | Chaptered
Bill Title: Marriage licenses: vital records: fees: domestic
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 356, Statutes of 2009. [SB635 Detail]
Download: California-2009-SB635-Chaptered.html
BILL NUMBER: SB 635 CHAPTERED
BILL TEXT
CHAPTER 356
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 8, 2009
PASSED THE ASSEMBLY JULY 13, 2009
AMENDED IN ASSEMBLY JUNE 23, 2009
AMENDED IN SENATE MAY 13, 2009
AMENDED IN SENATE APRIL 21, 2009
INTRODUCED BY Senator Wiggins
(Coauthor: Senator Leno)
(Coauthors: Assembly Members Hayashi and Huffman)
FEBRUARY 27, 2009
An act to amend Section 26840.11 of, and to add and repeal Section
26840.12 of, the Government Code, to amend Section 103628 of, and to
add and repeal Section 103628.2 of, the Health and Safety Code, and
to amend Section 18309.5 of, and to add and repeal Section 18309.6
of, the Welfare and Institutions Code, relating to domestic violence.
LEGISLATIVE COUNSEL'S DIGEST
SB 635, Wiggins. 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 the provisions applicable
to Solano County until January 1, 2011.
This bill, until January 1, 2015, would provide the same
authorization to increase fees for certain vital records to the
Sonoma County Board of Supervisors.
The bill would require the Sonoma County Board of Supervisors to
submit to the Assembly and Senate Committees on Judiciary preliminary
reports by July 1, 2013, and final reports by July 1, 2014,
regarding the above fee increase, as specified.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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 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, no later than July 1,
2009, a report containing 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,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
SEC. 2. Section 26840.12 is added to the Government Code, to read:
26840.12. (a) The Sonoma 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 two
dollars ($2).
(b) Effective July 1 of each year, the Sonoma 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 18309.6 of the Welfare and Institutions Code.
(c) In addition to the fee prescribed by Section 26840.1, in
Sonoma 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 Sonoma County Board of Supervisors shall submit to the
Assembly and Senate Committees on Judiciary a preliminary report no
later than July 1, 2013, and a final report 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,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 3. 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 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,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
SEC. 4. Section 103628.2 is added to the Health and Safety Code,
to read:
103628.2. (a) The Sonoma 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 certified copies
of marriage certificates, fetal death records, and death records, up
to a maximum increase of two dollars ($2).
(b) Effective July 1 of each year, the Sonoma 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 18309.6 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 fetal death record or
death record in Sonoma County shall pay an additional fee to the
local registrar, county recorder, or county clerk as established by
the Sonoma County Board of Supervisors.
(d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 5. 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,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
SEC. 6. Section 18309.6 is added to the Welfare and Institutions
Code, to read:
18309.6. (a) The Sonoma County Board of Supervisors shall direct
the local registrar, county recorder, and county clerk to deposit
fees collected pursuant to Section 26840.12 of the Government Code
and Section 103628.2 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 Sonoma
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,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 7. Due to unique circumstances in Solano County and Sonoma
County with respect to domestic violence, the Legislature hereby
finds and declares that a general statute cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution. Therefore, the special legislation contained in
Sections 1 to 6, inclusive, of this bill is necessarily applicable
only to Solano and Sonoma Counties.
