BILL NUMBER: SB 154 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 5, 2011
INTRODUCED BY Senator Wolk
FEBRUARY 2, 2011
An act to amend Section 26840.11 of the Government Code, to amend
Section 103628 of the Health and Safety Code, and to amend Section
18309.5 of the Welfare and Institutions Code, relating to domestic
violence.
LEGISLATIVE COUNSEL'S DIGEST
SB 154, as amended, Wolk. Marriage licenses: vital records: fees:
domestic violence: Solano County.
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, until January 1, 2011, additionally authorizes the
Solano County Board of Supervisors, upon making certain findings and
declarations, to authorize an increase in fees for marriage licenses
and confidential marriage licenses and for certified copies of
certain vital records, up to $2. Existing law authorizes the Solano
County Board of Supervisors to make further increases in fees each
year, as specified. Existing law requires the fees to be allocated
for purposes relating to domestic violence prevention, intervention,
and prosecution. Existing law required the Solano County Board
of Supervisors, by July 1, 2009, to submit a report on funds received
and expended in connection with the fee increases, and the outcome
of activities associated with the act, to the Assembly Judiciary
Committee and the Senate Judiciary Committee. Commencing
January 1, 2011, the repeal date of the above-described provisions
will be extended from January 1, 2011, to January 1, 2012.
This bill would extend the operation of the above-described
provisions indefinitely.
This bill would require the Solano County Board of Supervisors, by
July 1, 2014, to submit a followup report on funds received and
expended in connection with the fee increases, and the outcome of
activities associated with the act, to the Assembly Judiciary
Committee and the Senate Judiciary Committee.
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 26840.11 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 preliminary report and a
followup report no later than July 1, 2014, 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.
SEC. 2. 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.
SEC. 3. Section 18309.5 of the Welfare and Institutions Code is
amended to read:
18309.5. 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.