Bill Text: CA SB154 | 2011-2012 | Regular Session | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Marriage licenses: vital records: fees: domestic
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-07-25 - Chaptered by Secretary of State. Chapter 120, Statutes of 2011. [SB154 Detail]
Download: California-2011-SB154-Enrolled.html
Bill Title: Marriage licenses: vital records: fees: domestic
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-07-25 - Chaptered by Secretary of State. Chapter 120, Statutes of 2011. [SB154 Detail]
Download: California-2011-SB154-Enrolled.html
BILL NUMBER: SB 154 ENROLLED BILL TEXT PASSED THE SENATE APRIL 25, 2011 PASSED THE ASSEMBLY JULY 7, 2011 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, 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. This bill would extend the repeal date of the above-described provisions 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. 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 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.