Bill Text: CA SB662 | 2009-2010 | Regular Session | Enrolled
Bill Title: Domestic violence: marriage license fees.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Vetoed) 2010-09-30 - In Senate. To unfinished business. (Veto) [SB662 Detail]
Download: California-2009-SB662-Enrolled.html
BILL NUMBER: SB 662 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 26, 2010
PASSED THE ASSEMBLY JUNE 28, 2010
AMENDED IN ASSEMBLY JUNE 21, 2010
AMENDED IN ASSEMBLY MAY 24, 2010
AMENDED IN ASSEMBLY JANUARY 20, 2010
AMENDED IN ASSEMBLY AUGUST 24, 2009
AMENDED IN SENATE MAY 14, 2009
AMENDED IN SENATE APRIL 13, 2009
INTRODUCED BY Senators Yee and Corbett
(Principal coauthor: Assembly Member Mendoza)
(Coauthors: Senators Hancock and Wolk)
(Coauthors: Assembly Members Blumenfield and Jones)
FEBRUARY 27, 2009
An act to amend Sections 26840.7 and 26840.8 of the Government
Code, and to amend Sections 18293, 18304, and 18305 of the Welfare
and Institutions Code, relating to domestic violence.
LEGISLATIVE COUNSEL'S DIGEST
SB 662, Yee. Domestic violence: marriage license fees.
Existing law requires the collection of fees for issuing marriage
licenses and for confidential marriage licenses.
Existing law requires the collection of a fee in addition to the
basic fee for the issuance of a marriage license and for the issuance
of an authorization for the performance of marriages without a
license, in the amount of $23. Existing law requires the additional
$23 fee to be collected by the county clerk for deposit into county
domestic violence shelter-based programs special funds. Existing law
requires fees collected in the special funds to be disbursed to
approved domestic violence shelter-based programs that meet certain
requirements on a yearly or more frequent basis.
This bill would authorize a county board of supervisors to
authorize an increase of the above-described fee from $23 to $33.
Existing law provides that proposed or existing domestic violence
shelter-based programs that meet the aforementioned requirements
shall receive funding from the county domestic violence shelter-based
programs special funds.
This bill would, instead, provide that only existing domestic
violence shelter-based programs that meet the requirements shall
receive funding.
Existing law allows specified local jurisdictions to retain fees
received at the time of issuance of a marriage license in excess of
the $23 fee.
This bill would add Sonoma County as a jurisdiction to whom this
provision applies.
Existing law requires the money in the special funds to be
disbursed using a request for qualification (RFQ) process.
This bill would require the RFQ process to involve a determination
of whether a domestic violence shelter-based program meets the
aforementioned requirements. If a domestic violence shelter-based
program meets those requirements, the bill would provide that the
program has successfully completed the RFQ process. The bill would
provide that an RFQ process shall not be construed to mean a
competitive bidding process.
Existing law authorizes a county to establish a program for
reducing the incidence of domestic violence in the county by
establishing or funding domestic violence shelter-based programs that
meet the aforementioned requirements. Existing law authorizes
geographically adjacent counties to combine their respective domestic
violence shelter-based programs funds in order to establish one or
more domestic violence shelter-based programs, in order to provide
services to the clients of each county that combines its funds with
another county.
This bill would provide that a county may only fund a domestic
violence shelter-based program that is located outside of the county
if the funding county is funding all domestic violence shelter-based
programs located within its borders that meet the aforementioned
requirements and the program located outside of the funding county
provides services to residents of the funding county.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 26840.7 of the Government Code is amended to
read:
26840.7. In addition to the fee prescribed by Section 26840 and
as authorized by Section 26840.3, the county clerk shall collect a
fee of twenty-three dollars ($23) at the time of issuance of the
license. A county board of supervisors may authorize an increase of
the fee from twenty-three dollars ($23) to thirty-three dollars
($33). The fee shall be disposed of by the clerk pursuant to Chapter
5 (commencing with Section 18290) of Part 6 of Division 9 of the
Welfare and Institutions Code. Of this amount, four dollars ($4)
shall be used, to the extent feasible, to develop or expand domestic
violence shelter-based programs to target underserved areas and
populations.
SEC. 2. Section 26840.8 of the Government Code is amended to read:
26840.8. In addition to the fee prescribed by Section 26840.1 and
as authorized by Section 26840.3, the person issuing an
authorization for the performance of a marriage pursuant to Part 4
(commencing with Section 500) of Division 3 of the Family Code 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 a fee of twenty-three dollars ($23) at the time
of providing the authorization. A county board of supervisors may
authorize an increase of the fee from twenty-three dollars ($23) to
thirty-three dollars ($33). The fee shall be disposed of pursuant to
Chapter 5 (commencing with Section 18290) of Part 6 of Division 9 of
the Welfare and Institutions Code. Of this amount, four dollars ($4)
shall be used, to the extent feasible, to develop or expand domestic
violence shelter-based programs to target underserved areas and
populations.
SEC. 3. Section 18293 of the Welfare and Institutions Code is
amended to read:
18293. (a) In order to be eligible for funding pursuant to this
chapter, a domestic violence shelter-based program shall demonstrate
its ability to receive and make use of any funds available from
governmental, voluntary, philanthropic, or other sources that may be
used to augment any state or county funds appropriated for the
purposes of this chapter. Each domestic violence shelter-based
program shall make every attempt to qualify the domestic violence
shelter-based program for any available federal funding.
(b) No provision of this section is intended to prohibit domestic
violence shelter-based programs receiving funds pursuant to this
chapter from receiving additional funds from any other public or
private source. Funds provided pursuant to this chapter shall not be
used to reduce the financial support from other public or private
sources.
(c) Existing domestic violence shelter-based programs that meet
the requirements set forth in Section 18294, shall receive funding
pursuant to this chapter upon the approval of the local board of
supervisors.
(d) Funding shall be given to agencies and organizations whose
primary function is to administer domestic violence shelter-based
programs. Any additional fees received by Alameda County, Contra
Costa County, Solano County, Sonoma County, and the City of Berkeley
at the time of issuance of a marriage license pursuant to Sections
18308, 18309, and 18309.5, that are in excess of the fee collected
pursuant to Section 26840.7 or 26840.8, shall be available to that
city or county for funding domestic violence programs other than
domestic violence shelter-based programs.
(e) Prior to approving a domestic violence shelter-based program
or programs for this funding, the board shall consult with
individuals and groups that have expertise in the problems of
domestic violence and in the operation of domestic violence
shelter-based programs including operations of existing domestic
violence shelter-based programs.
(f) Upon approving one or more domestic violence shelter-based
programs for funding, the board shall direct the county treasurer to
disburse moneys from the county's domestic violence shelter-based
program special fund and for funding, the board shall designate a
local agency to monitor the domestic violence shelter-based program
or programs. This monitoring shall include information regarding the
number of persons requesting services, the number of persons
receiving services according to the type of services provided, and
the need, if any, for additional services or staffing.
(g) Programs that receive funding through this chapter shall, to
the extent feasible, provide services to persons with a physical
disability who are victims of domestic violence. If the program
cannot provide the services, then the program's staff, to the extent
feasible, shall assist in referring the person with a physical
disability to other programs and services in the community where
assistance may be obtained.
(h) The process to determine eligibility of a domestic violence
shelter-based program to receive funding pursuant to this chapter
shall have as its primary purpose to ascertain that the program meets
the service requirements of Section 18294. The process shall be
expedient and shall include a mechanism for annual recertification.
(i) Funding obtained pursuant to this chapter is for the
unrestricted use of a recipient domestic violence shelter-based
program, and may be used for direct and indirect costs.
SEC. 4. Section 18304 of the Welfare and Institutions Code is
amended to read:
18304. (a) A county may establish a program for reducing the
incidence of domestic violence in the county by establishing or
funding domestic violence shelter-based programs that meet the
requirements of this chapter. Geographically adjacent counties may
combine their respective domestic violence shelter-based programs
special funds in order to establish one or more domestic violence
shelter-based programs meeting the requirements of this chapter, in
order to provide services to the clients of each county that combines
its funds with another county.
(b) A county may only fund a domestic violence shelter-based
program that is located outside of the county if both of the
following conditions are satisfied:
(1) The funding county is funding all domestic violence
shelter-based programs that are located within its borders that meet
the requirements in Sections 18294 and 18295.
(2) The domestic violence shelter-based program located outside of
the funding county provides services to residents of the funding
county.
SEC. 5. Section 18305 of the Welfare and Institutions Code is
amended to read:
18305. (a) (1) At the time of issuance of a marriage license
pursuant to Section 26840 of the Government Code, the fee described
in Sections 26840.7 and 26840.8 shall be collected by the county
clerk for deposit into the county domestic violence shelter-based
programs special fund.
(2) The fees collected in this special fund shall be disbursed to
approved domestic violence shelter-based programs on a yearly or more
frequent basis commencing July 1, 1980.
(3) The funds shall be disbursed using a request for qualification
(RFQ) process. The RFQ process shall involve a determination of
whether a domestic violence shelter-based program meets the
requirements of Sections 18294 and 18295. If a domestic violence
shelter-based program meets the requirements of Sections 18294 and
18295, it shall have successfully completed the RFQ process. The RFQ
process shall not be construed to mean a competitive bidding process.
(b) The board of supervisors shall direct the county clerk to
deposit the fee described in Sections 26840.7 and 26840.8 into the
county domestic violence shelter-based programs special fund. The
county domestic violence shelter-based programs special fund shall
fund domestic violence shelter-based programs established pursuant to
Section 18304. Four dollars ($4) of each fee deposited into the
county domestic violence shelter-based programs special fund shall be
used, to the extent feasible, to support or expand domestic violence
shelter-based programs to target underserved areas and populations.
No more than 8 percent of the funds shall be expended for the
administrative costs associated with the collection and segregation
of the additional marriage license fees, administration of the county
domestic violence shelter-based programs special fund, monitoring of
the domestic violence shelter-based programs, and meeting the other
administrative requirements imposed by this chapter. Counties that do
not participate in the establishing or funding of domestic violence
shelter-based programs pursuant to this chapter shall be entitled to
retain up to 4 percent of the funds for the administrative costs
associated with the collection and segregation of the additional
marriage license fees and the deposit of these fees in the county
domestic violence shelter-based programs special fund.
