BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  AB 2051
          Author:   Cohn (D), et al
          Amended:  8/24/06 in Senate
          Vote:     21

           
           SENATE HEALTH COMMITTEE  :  5-4, 6/21/06
          AYES:  Ortiz, Alquist, Chesbro, Figueroa, Kuehl
          NOES:  Runner, Aanestad, Cox, Maldonado

           SENATE JUDICIARY COMMITTEE  :  3-2, 8/8/06
          AYES:  Dunn, Escutia, Kuehl
          NOES:  Morrow, Harman

           SENATE APPROPRIATIONS COMMITTEE  :  8-5, 8/23/06
          AYES:  Murray, Alarcon, Alquist, Escutia, Florez, Ortiz,  
            Romero, Torlakson
          NOES:  Aanestad, Ashburn, Battin, Dutton, Poochigian

           ASSEMBLY FLOOR  :  49-29, 05/31/06 - See last page for vote


           SUBJECT  :    Domestic violence

           SOURCE  :     Equality California


           DIGEST  :    This bill expands education and training  
          requirements to include lesbian, gay, bisexual and  
          transgender domestic violence issues.  

           ANALYSIS  :    

                                                           CONTINUED





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          Existing law:  

          1.Allows two persons, who are either of the same sex, or  
            persons of opposite sexes where one or both is over 62,  
            to become domestic partners by filing a declaration with  
            the Secretary of State (SOS).  Requires the SOS, by  
            regulation, to establish and charge fees to registrants  
            based on the actual costs, currently set at $10, and to  
            return a certificate of registration to registered  
            domestic partners.

          2.Requires the California Department of Health Services  
            (DHS) to administer grants to support battered women's  
            shelters to provide emergency shelter for women and their  
            children escaping family violence.  Creates, until  
            January 1, 2010, an advisory council to consult with DHS  
            regarding the funding program, consisting of, among  
            others, domestic violence (DV) advocates, battered women  
            service providers and law enforcement.

          3.Requires DHS to distribute brochures that contain  
            DV-related information to county clerks who shall provide  
            the brochures to marriage license applicants.

          4.Requires the Commission on Peace Officer Standards and  
            Training (POST) to implement a training program on the  
            handling of DV complaints for law enforcement officers in  
            California and to consult with various groups on  
            development of the program.

          5.Requires the Office of Emergency Services (OES) to  
            provide assistance to local DV centers through a grant  
            program, to develop and disseminate information and  
            materials relating to DV, and to conduct statewide  
            training workshops on DV.  

          This bill:  

          1.Establishes a $23 fee to be charged to same sex persons  
            filing domestic partner registrations in order to support  
            the an on-going mini-grant program to promote healthy,  
            non-violent relationships in the LGBT community.   
            Establishes the Equality in Prevention and Services  
            Domestic Abuse Fund to be administered by OES and into  







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            which the fee shall be deposited.

          2.Requires the advisory council established to consult with  
            DHS regarding the Maternal and Child Health Branch (MCAH)  
            grants to battered women's shelters to include  
            individuals with a background and expertise in LGBT DV.

          3.Requires POST to add representation from the LGBT  
            community to the board that oversees design of the  
            training program requirements for law enforcement  
            officers.

          4.Requires that the OES DV Advisory Council have at least  
            one representative of DV service providers serving the  
            LGBT community.

          5.Requires OES to develop a mini-grant program to  
            non-profit organizations that provide specified DV  
            programs and services to the LGBT community, outlines the  
            grant funding and distribution process, and establishes a  
            gender-neutral definition of DV for the purposes of the  
            mini-grant program.

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

           Major Provisions                2006-07     2007-08     2008-09     
                               Fund  
          Training curriculum/          up to $100up to $100-$120  
          ongoing     Special* 
          Material/support

          Mini-grants              $20       $20            unknown    
            Special*
          * Equity in Prevention and Services for Domestic Abuse Fund

           SUPPORT  :   (Verified  8/24/06)

          Equality California (source) 
          Secretary of State







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          State Controller Steve Westly
          California Teachers Association
          City of West Hollywood
          Commission on Peace Officer Standards and Training
          Community United Against Violence
          Family Law Section of the State Bar of California
          Gay and Lesbian Alliance of the Central Coast
          San Diego LGBT Community Center
          State Public Affairs Committee of the Junior Leagues of  
          California

           OPPOSITION  :    (Verified  8/24/06)

          California Alliance for Families and Children
          California Parents United, Inc.
          California State University, Long Beach
          Domestic Abuse Helpline for Men and Women
          Forensic Psychiatric Services Commission (Canada)
          Grant Joint Union High School Domestic Violence Batterer's  
          Treatment                                               
          Program
          Peace Creations
          Simon Fraser University, Canada

           ARGUMENTS IN SUPPORT  :    Supporters state that this bill  
          will support a number of initiatives to address the  
          problems of DV among same-sex partners, and will provide  
          educational brochures specific to LGBT DV, grants to  
          support organizations that serve LGBT DV victims, and LGBT  
          DV training to law enforcement and DV service providers.   
          This bill takes the first critical steps to implement  
          efforts to increase public knowledge about LGBT DV victims  
          and explore ways to better serve them.

           ARGUMENTS IN OPPOSITION  :    Opponents state that men  
          comprise a large number of DV victims, and that research  
          shows that violence in intimate relationships is reciprocal  
          and not unilateral violence against women.  By focusing  
          uniquely on female victims, the bill is expressly  
          discriminatory against men.  These organizations suggest  
          amending the bill so as to assure that benefits and  
          services are provided to all DV victims, including  
          heterosexual males.








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           ASSEMBLY FLOOR  :
          AYES:  Arambula, Baca, Bass, Berg, Bermudez, Calderon,  
            Canciamilla, Chan, Chavez, Chu, Cohn, Coto, De La Torre,  
            Dymally, Evans, Frommer, Garcia, Goldberg, Hancock,  
            Jerome Horton, Jones, Karnette, Klehs, Koretz, Laird,  
            Leno, Levine, Lieber, Lieu, Liu, Matthews, Montanez,  
            Mullin, Nation, Nava, Negrete McLeod, Oropeza, Parra,  
            Pavley, Ridley-Thomas, Ruskin, Saldana, Salinas, Torrico,  
            Umberg, Vargas, Wolk, Yee, Nunez
          NOES:  Aghazarian, Benoit, Bogh, Cogdill, Daucher, DeVore,  
            Harman, Haynes, Shirley Horton, Houston, Huff, Keene, La  
            Malfa, La Suer, Leslie, Maze, McCarthy, Mountjoy,  
            Nakanishi, Niello, Plescia, Richman, Sharon Runner,  
            Spitzer, Strickland, Tran, Villines, Walters, Wyland
          NO VOTE RECORDED:  Blakeslee, Emmerson


          CTW:nl  9/24/06   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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