HomeMy WebLinkAboutMINUTES - 02131996 - C52 5£
To: BOARD OF SliPERVISORS �>��- � "'�``•`• Contra
John Cullen, Director Costa
FROM: Social Service Department
1. "-
January 26, 1996 �`� ` `v.•�='' County
DATE: o'srq'coi ��
IMPLEMENTATION OF ADDITIONAL BIRTH CERTIFICATE FEE FOR THE
SUBJECT: FAMILY AND CHILDREN'S TRUST FUND
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
1. INCREASE the fee charged for a copy of a birth
certificate by $3 . 00 in accordance with Health and
Safety Code Section 10605(b) (2) , as added by SB 750
(Chapter 880, Statutes of 1995) , effective January 10,
1996.
2 . DIRECT the Auditor-Controller to transfer the funds
received pursuant to Recommendation #1 to the Family
and Children's Trust (Trust Account #812800) .
3 . AUTHORIZE the Family and Children's Trust Committee to
make recommendations to the Board of Supervisors for
the expenditure of the additional revenue received as a
result of the implementation of SB 750.
FISCAL•
No County General Funds are involved. The revenue from
these additional fees will be added to the share of birth
certificate fee revenue already received to cover contracted
services.
BACKGROUND:
Under current State law, $4. 00 of the fee charged for a copy
of a birth certificate is to be deposited in the County's
Family and Children's Trust and used to fund child abuse and
neglect prevention and intervention programs. The Family
and Children's Trust Committee makes recommendations to the
Board of Supervisors for the expenditure of se funds.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON FEBRUARY 13, 1996 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT IV ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: _NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: Contact: D. Fabella 3-150 ATTESTED FEBRIIARY 130 1996
SOCIAL SERVICE (CONTRACTS UNIT) PHIL BATCHELOR,CLERK OF THE BOARD OF
COUNTY .ADMINISTRATOR SUPERVISORS AND COUNTY ADMINISTRATOR
AUDITOR-CONTROLLER
CONTRACTOR
By DEPUTY
M382 (10/88)
Senator Lucy Killea authored legislation in 1995 to
r authorize a Board of Supervisors to increase the fee for a
copy of a birth certificate by up to an additional $3 . 00,
with the resulting revenue to be deposited in the Family and
Children's Trust. If imposed, the additional revenue must be
dedicated for child abuse and neglect prevention and
intervention programs. It is estimated an additional fee of
$3 . 00 would raise approximately $65, 000 for new child abuse
and neglect programs in Contra Costa County on an annual
basis.
The Family and Children's Trust Committee and the Social
Service Director recommend, and the Administrator's Office
concurs, that the Board of Supervisors should impose the
additional fee of $3 .00, effective immediately.
'- Jan-01-96 20:37 c- van marten 510 687 0355 P_04C
•,� , '+ .^ ' l.i J tom. . ,, � J
i
Senate Bill No. 750 : r' Ct:'•�
CHAPTER 880 Ijo
An act to arnend Section 10605 of the Health and Safety Codb. and
to amend Section 18966 of the Weifare and Institutions Code,relating
to children.
[Approved by Governor October 13, 1995.Filed
with Secretary of State October 16,1995.1
LEGISLATIVE COUNSEL'S DIGEST
SB 750, Killea. Child abuse and neglect prevention, birth
certificates.
Existing law authorizes each county to designate a commission to
provide child abuse and neglect prevention and intervention
programs. Existing law requires each county that designates such a
commission to establish a county children's trust fund to fund
programs operated by private nonprofit organizations or public
institutions of higher education, as provided. The county children's
trust fund consists of, among other things, a portion of the fees
collected for certified copies of birth certificates, Any applicant,
other than a public agency or licensed private adoption agency, is
required to pay a fee of$7 for a certified copy of a birth certificate,
of which$4 is to be paid either to a county children's trust fund or to
the State Children's Trust Fund.
This bill would provide that the board of supervisors of any county
that has established a county children's trust fund may increase the
fee for a certified copy of a birth certificate by up to $3 for deposit in
the fund.
The bill also would require the county treasurer to transi-nit
moneys collected from birth certificate fees for the county children's
trust fund, with respect to the birth certificate of a child whose
mother was a resident of another county at the time of the birth, to
the treasurer Of the county of the mother's residence at the time of
the birth if specifier) conditions are met. Because the bill would
increase the duties of the county treasurer, the bill would impose a
state-mandated local program,
The California Constitution requires the state to reimburse local.
agencies and school districts.for certain costs mandated by the state.
Statutory provisions establish procedures for nlakung that
reimbursement, including the creation of a State Mandates Claims
Fundto pay, the costs of mandates that do not exceed $1,00,000
statewide and other procedures for claims whose statewide costs
exceed $1,000.000,
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Jan-01-96 20:38 c_ van mart-et- 510 687 0355 P_05
Ch. 880 —2—
• 'This bill would provide that,if the. Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Ybe people of the State of California do enact as follows:
SECTION 1. Section 10605 of the Health and Safety Code is
amended to read:
10605. (a) A fee of three dollars (83) shall be paid by the
applicant for a certified copy of a fetal death or death record.
(b) (1) A fee of three dollars ($3) shall be paid by a public agency
or licensed private adoption agency applicant for a certified copy of
a birth certificate that the agency is required to obtain in the ordinary
course of business. A fee of seven dollars (.$7) shall he paid by any
other applicant for a certified copy of a birth certificate. Four dollars
($4) of any seven. dollar ($7) fee is exempt from subdivision (e) and
shall be paid either to a county children's trust fund or to the State
Children's Trust Fund, in conformity with Article 5 (comrneneirig
with Section 18085) of Chapter 1I of Part 6 of Division 9 of the
Welfare and Institutions Code.
(2) The board of supervisors of any county that has established a
county children's trust fund may increase the fee for a certified copy
of a birth certificate by up to three dollars ($3) for deposit in the
county children's trust fund in conformity with Article 5
(commencing;with Section 18965) of Chapter 11 of Part 6 of Division
9 of the Welfare and Institutions Code.
(3) (A) As it pilot project, Contra Costa, Los Angeles, Grange,
Sacramento, San Diego, Santa Clara, and Tulare Counties may
increase the fee for a certified copy of a birth certificate by up to three
dollars ($3),through December 31, 1996,for the purpose ofprmdding
dependency mediation services in the juvenile court.Public agencies
shall be exempt from paying this portion of the fee. However, if a
county increases this fee,neither the revenue generated from the fee
increase nor the increased expenditures trade for these services shall
be considered in determining the court's progress towards achicving
its cost reduction.goals pursuant to Section 6811.3 of the Government
Code if the net effect of the revenue and expenditures is a cost
increase. In each county participating in the pilot project up to 5
percent of the revenue generated from the fee increase may be
apportioned to the county recorder for the additional accounting
costs of the program.
(B). On or before December 31., 1995, each participating county
shall sub.rn.it an independent study of the project to the Legislature.
The study shall consider the effectiveness of in.ediation, the
cost-avoidarnce realized, «hat mode). of juvenile court mediation
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Jan-01-96 20:40 c_ van may-ter 510 687 0355 P_06
—3— Ch. Rao
• should be promoted statewide, and at what point mediation is most
effective. -
(C) The presiding judge of the superior court of each
participating county shall designate a person who will €aciliLate
access to case files and any other data necessary for the independent
study.
(D) Variables to be evaluated'and measured to indicate the
success of the pilot projects shall include, but not be limited to:
(i) At least 75 percent of all participants should be satisfied or very
satisfied with the dependency mediation process.
(ii) The range of creative solutions for resolution of the families'
problems within the development of the court ordered plan shall
F increase by ltl percent.
(iii) At least 70 percent of matters coming before the court should
be settled in. less time using dependency mediation than if
s adjudicated.
i (iv) Dependency mediation shall result in a 25 percent reduction.
in foster care placements.
(c) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage record,that has been filed
x-0th the county recorder or county clerk,that the agency is required
a to obtain in the; ordinary course of business. A fee of six dollars ($6)
i, shall be paid by any other applicant for a certified copy of a marriage
record that has been filed with the county recorder or county clerk.
Three dollars ($3) of any six-dollar ($S) fee is exempt from
a subdivision (e) and shall be transmitted monthly by each local
registrar, county recorder, and county clerk to the state for deposit
into the General Fund as provided by Section 1852 of the Family
Code.
y (d) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage dissolution record
9obtained from the State Registrar that the agency is required to
a obtain in the ordinary course of business. A fee of six dollars ($6) shall
e be paid by airy other applicant for a certified copy of a marriage
11 dissolution record obtained from the State Registrar.
9 (e) Each local registrar, county recorder, or count), clerk.
I collecting a fee pursuant to this section shall trartsinit la percent of
I the fee for each certified copy to the State Registrar by the 10th day
5 of the month following the month in which the fee was received.
e (f) The additional three dollars ($3) authorized to be charged to
applicants other than public agency applicants for certified.copies of
marriage records by subdivision (c) may be increased pursuant to
}. Section 114.
SFC. 2. Section IS9i~i6 of the Welfare and Institutions C;ocle is
E, amended to read:
n 1896$. When a county board of supervisors designates a
Commission pursuant to Section 18965, the 1}pard of supervisors shall
t;3
Jan-01-96 20_42 c_ van mar-ter 510 687 0355 P_O7
' Ch. 880 --9.
establish a county children's trust fund.The children's trust fund shall
consist of the fees for birth certificates,collected pursuant to Section.
1OW5 of the Health and Safetv Code, grants, gifts,or bequests from
private sources to be used for child abuse and neglect prevention and
intervention programs, any funds appropriated by local
governmental entities to the trust fund,and any funds appropriated
to the county for the trust fund by'the Legislature.The local registrar
or county recorder may,however,retain a percentage not to exceed
10 percent, of the surcharge collectible pursuant to subdivision (b)
of Section.106M of the Health and Safety Code,in order to defray the
costs of collection.
The county treasurer shall transmit moneys collected from birth
certificate fees for the county children's trust fund, pursuant to
subdivision (b) of Section 10605 of the Health and Safety Code,
collected with respect to the birth certificate of a child whose mother
was a resident of another county at the time of the birth to the
treasurer of the county of the mother's residence at the time of the
birth if the counter to receive the funds has established a program .
pursuant to Article 5 (commencing with Section 18965) of Chapter
11 of Part 6 of Division 9 of the Welfare and Institutions Code and
does not have a licensed Health facility that provides maternity
services within its jurisdiction_
SEC.3, Notwithstanding Section 17610 of the Government Code,
if the Conunission. on State Mandates determines that this act
contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 9 of Title 2 of
the Government Code. If the statewide cost of the clairn for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be,made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified,the pro�Asions of this act shall become operative
on the same date that the act takes effect pursuant-to the California
Constitution.
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