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Home My WebLink AboutMINUTES - 03202001 - C.64 TO: BOARD OF SUPERVISORS - T -- CONTRA COSTA COUNTY FROM: John Sweeten, County Administrator '`�' z '' DATE: March 20, 2001 SUBJECT: SB 425 (Torlakson) - Sponsor SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): SPONSOR SB 425 (Torlakson) which would provide funding to support the County's Zero Tolerance for Domestic Violence Initiative. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): SB 425 (Torlakson) authorizes the increase of fees collected by the County Recorder, in this case, marriage license fees and birth certificate fees (Note: currently the bill language applies only to marriage license fees. We expect to amend the bill to include birth certificates fees). Monies from the fee increases would be deposited in a trust fund and used to fund a Domestic Violence Coordinator position. Approximately $60,000 per year would be raised from the fees. CONTINUED ON ATTACHMENT: —YES SIGNATURE: _ RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BijXRD COMMITTEE ,:, �PROVE _OTHER SIGNATURE(S): ACTION OF BOARD N arc APPROVED AS RECOMMENDED XX OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A ,_X UNANIMOUS(ABSENT — — — — — — ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: ATTESTED March 20, 2001 JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR cc: CAO Christina Linville,CAO BY /f.� DEPUTY SB 425 Senate Bill- INTRODUCED Pagel of 3 T BILL NUMBER: SB 425 INTRODUCED BILL TEXT INTRODUCED BY Senator Torlakson FEBRUARY 21, 2001 An act to add Section 26840.9 to the Government Code and to add Section 18308 to the Welfare and Institutions Code, relating to domestic violence. LEGISLATIVE COUNSEL'S DIGEST SB 425, as introduced, Torlakson. Contra Costa County: domestic violence. Existing law provides for 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 also provides for confidential marriages. This bill would provide, in Contra Costa County, that the person issuing authorization for the performance of a confidential marriage, or the county clerk upon providing a blank marriage authorization form, may collect, upon approval by that county, an unspecified fee to be deposited into the county's domestic violence program special fund for the support of domestic violence prevention, intervention, and prosecution efforts in the county. This bill would make specified legislative findings regarding the need for special legislation. 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. (a) This act shall be known and may be cited as the Contra Costa County "Zero Tolerance for Domestic Violence" Act. (b) The Legislature finds and declares the following: (1) Domestic violence is a growing crime. In Contra Costa County, felony filings increased 62 percent between 1998 and 1999. (2) Domestic violence is ubiquitous. It cuts across all economic and education levels, all age groups, ethnicities, and other social and community characteristics. (3) Domestic violence is insidious. It is characterized by a predictable, escalating cycle that can result in injury or death of victims, including children. (4) Domestic violence puts children at risk. Children in homes where domestic violence occurs are physically abused or seriously neglected at a rate significantly higher than the national average in the general population, according to the National Woman Abuse Prevention Project in Washington, D.C. (5) Domestic violence is learned and generational. Studies show that boys who witness family violence are more likely to batter their female partners as adults than boys raised in nonviolent homes. Girls who witness their mothers' abuse have higher rates of being battered as adults. (6) Domestic violence is progressive. A recent review of http://www.leginfo.ca.gov/pubibfl/sen/sb 0401-0450/sb 425 bill 20010221_introduced.htnil 3/8/01 SB 425 Senate Bill- INTRODUCED Page 2 of 3 probation felony domestic violence offenders in Contra Costa County showed that 38 percent had domestic violence-related misdemeanor convictions. (7) Substance abuse is a significant factor contributing to, although not necessarily a cause of, domestic violence. In Contra Costa County, the review of probation felony domestic violence offenders showed that 90 percent had documented histories of substance abuse or were under the influence of drugs or alcohol at the time the felony crime was committed. (8) Domestic violence is costly, both in human and organizational terms. The results of domestic violence have many "hidden" costs, such as job turnover, loss of productivity, school absenteeism, and low school performance, in addition to the high cost of law enforcement, civil and criminal justice, health services, mental health services, substance abuse treatment, human services, and community-based services. (9) Contra Costa County has declared a "zero tolerance for domestic violence, " recognizing that the domestic violence system is complex and multifaceted, spanning civil, criminal, health, and social service sectors and that, to be effective, there must be alignment in the objectives, protocols, procedures, and policies of each sector. (10) Contra Costa County has determined that it is essential to establish an information clearinghouse and coordination function for existing domestic violence services and efforts. SEC. 2. Section 26840.9 is added to the Government Code, to read: 26840.9. (a) In addition to the fee prescribed by Section 26840.1, the person issuing authorization for the performance of a 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, may collect a fee of dollars ($ ) at the time of providing the authorization. (b) The fee authorized by subdivision (a) shall apply only in Contra Costa County, upon approval by that county, as otherwise required by law. (c) On July 1 of each year, the fee shall be increased by an amount equal to the Consumer Price Index of the San Francisco metropolitan area for the preceding calendar year, rounded to the nearest dollar. The fee shall be allocated pursuant to the provisions of Section 18308 of the Welfare and Institutions Code. SEC. 3. Section 18308 is added to the Welfare and Institutions Code, to read: 18308. The Contra Costa County Board of Supervisors shall direct the county clerk to deposit fees collected pursuant to Section 26840.9 of the Government Code into the county's domestic violence program 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 marriage license fees and the deposit of these fees into the county domestic violence program special fund. Proceeds from the fund shall be used to coordinate domestic violence and family violence prevention, intervention, and prosecution efforts in the court system, the district attorney's office, the public defenders 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 Contra Costa County in order to increase the effectiveness of prevention, early intervention and prosecution of domestic and family violence. SEC. 4. Due to the unique circumstances of the County of Contra Costa with respect to domestic violence, the Legislature hereby finds and declares that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California http://www.leginfo.ca.gov/pub/bUl/sen/sb 0401-0450/sb 425_bill 20010221_introdueed.html 3/8/01 SB 425 Senate Bill- INTRODUCED Page 3 of 3 V Constitution. Therefore, the special legislation contained in Sections 1 to 3, inclusive, of this act is necessarily applicable only in the County of Contra Costa. A http://www.leginfo.ca.gov/pub/biU/sen/sb_0401-0450/sb 425 bill20010221 introduced.htn3l 3/8/01