Bill Text: CA SB740 | 2015-2016 | Regular Session | Amended
Bill Title: Vital records: fees: domestic violence.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB740 Detail]
Download: California-2015-SB740-Amended.html
BILL NUMBER: SB 740 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator McGuire
FEBRUARY 27, 2015
An act to amend Section 59111 of the Food and
Agricultural Code, relating to agriculture. An act to
add and repeal Section 26840.13 of the Government Code, to add and
repeal Section 103628.2 of the Health and Safety Code, and to add and
repeal Section 18309.6 of the Welfare and Institutions Code, relati
ng to domestic violence.
LEGISLATIVE COUNSEL'S DIGEST
SB 740, as amended, McGuire. California Marketing Act of
1937: marketing orders: notice. 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 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, 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,
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 boards
of supervisors 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, until January 1, 2021, provide the same
authorization to increase fees for marriage licenses and certain
vital records to the Sonoma County Board of Supervisors, and would
require those fees to be allocated for purposes relating to domestic
violence prevention, intervention, and prosecution. 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, 2019, and final reports by July 1, 2020, regarding the fee
increase for marriage licenses, as specified.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of Sonoma.
Existing law provides for the California Marketing Act of 1937
governing the marketing of commodities in this state. Under the act,
the Secretary of Food and Agriculture is authorized to issue
marketing orders and enter into marketing agreements, as specified.
Existing law requires, upon the issuance of any order that makes
effective a marketing order or marketing agreement, or any
suspension, amendment, or termination of a marketing order or
marketing agreement, a notice of the issuance to be posted on a
public bulletin board maintained by the secretary in his or her
office. Existing law also requires the secretary to mail a copy of
the notice to specified persons, including a person that files a
written request for the notice, as specified.
This bill would require the secretary to also post the notice on
the Department of Food and Agriculture's Internet Web site and would
additionally require the secretary to mail a copy of the notice to a
person that files an electronic request for the notice. The bill
would make various nonsubstantive changes.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 26840.13 is added to the
Government Code , to read:
26840.13. (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, 2019, and a final report no later than July 1,
2020. 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,
2021, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2021, deletes or extends
that date.
SEC. 2. 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 statute, any applicant
for a certified copy of a marriage certificate, 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 pursuant to subdivisions (a)
and (b).
(d) This section shall remain in effect only until January 1,
2021, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2021, deletes or extends
that date.
SEC. 3. Section 18309.6 is added to the
Welfare and Institutions Code , to read:
18309.6. (a) (1) The Sonoma 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 103628.2 of the Health and Safety Code into a
special fund.
(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 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 services,
substance abuse services, 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,
2021, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2021, deletes or extends
that date.
SEC. 4. The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances in the
County of Sonoma with respect to domestic violence.
SECTION 1. Section 59111 of the Food and
Agricultural Code is amended to read:
59111. (a) Upon the issuance of any order that makes effective a
marketing order or marketing agreement, or any suspension, amendment,
or termination of a marketing order or marketing agreement, a notice
of the issuance shall be posted on a public bulletin board
maintained by the secretary in his or her office. The secretary shall
also post the same notice of issuance on the department's Internet
Web site. A marketing order or marketing agreement, or any
suspension, amendment, or termination of it, shall not become
effective until five days after the date of the posting in the
secretary's office or on the department's Internet Web site,
whichever occurs first. The secretary shall also mail a copy of the
notice to every person that is directly affected by the terms of the
marketing order or marketing agreement, suspension, amendment, or
termination, whose name and address is on file in the office of the
secretary, and to every person that files in the office of the
secretary a written or electronic request for the notice.
(b) This section shall not apply to the termination of any
marketing order or marketing agreement under Section 59087.
