BILL NUMBER: SB 198 CHAPTERED 07/30/07 CHAPTER 168 FILED WITH SECRETARY OF STATE JULY 30, 2007 APPROVED BY GOVERNOR JULY 30, 2007 PASSED THE SENATE JUNE 28, 2007 PASSED THE ASSEMBLY JULY 20, 2007 AMENDED IN SENATE JUNE 11, 2007 AMENDED IN SENATE APRIL 9, 2007 AMENDED IN SENATE MARCH 12, 2007 INTRODUCED BY Senator Battin (Coauthors: Assembly Members Benoit and Garcia) FEBRUARY 7, 2007 An act to amend Section 11139.3 of the Government Code, relating to homeless youth, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 198, Battin. Age discrimination: homeless youth. Existing law allows the development and operation of emergency, transitional, and permanent housing facilities that specifically assist homeless youth by exempting these facilities from state and local laws prohibiting age discrimination in housing. Existing law defines a homeless youth as being either an emancipated minor who is homeless or at risk of becoming homeless, or someone between 18 and 24 years of age, who is also homeless or at risk of becoming homeless, is no longer eligible for foster care based on age, or has run away from home. This bill would expand the definition of a homeless youth to include anyone 24 years of age and younger who is also homeless or at risk of becoming homeless, is no longer eligible for foster care based on age, or has run away from home. The bill would also state the intent of the Legislature that housing made available to homeless unemancipated minors shall be consistent with applicable regulations. This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 11139.3 of the Government Code is amended to read: 11139.3. (a) It is the policy of this state and the purpose of this section to facilitate and support the development and operation of housing for homeless youth. (b) The provision of housing for homeless youth is hereby authorized and shall not be considered unlawful age discrimination, notwithstanding any other provision of law, including, but not limited to, Sections 51, 51.2, and 51.10 of the Civil Code, Sections 11135, 12920, and 12955 of this code, Chapter 11.5 (commencing with Section 50800) of Part 2 of Division 31 of the Health and Safety Code, and local housing or age discrimination ordinances. (c) This section shall not be construed to permit discrimination against families with children. (d) This section shall occupy the field of regulation of housing for homeless youth by any local public entity, including, but not limited to, a city, county, and city and county. (e) For purposes of this section, the following definitions shall apply: (1) "At risk of becoming homeless" means facing eviction or termination of one's current housing situation. (2) "Homeless youth" means either of the following: (A) A person who is not older than 24 years of age, and meets one of the following conditions: (i) Is homeless or at risk of becoming homeless. (ii) Is no longer eligible for foster care on the basis of age. (iii) Has run away from home. (B) A person who is less than 18 years of age who is emancipated pursuant to Part 6 (commencing with Section 7000) of Division 1 of the Family Code and who is homeless or at risk of becoming homeless. (3) "Housing for homeless youth" means emergency, transitional, or permanent housing tied to supportive services that assist homeless youth in stabilizing their lives and developing the skills and resources they need to make a successful transition to independent, self-sufficient adulthood. SEC. 2. It is the intent of the Legislature that housing made available for homeless unemancipated minors under this act be consistent with the applicable regulations governing the housing, health, and safety of homeless youth adopted by the Community Care Licensing Division of the State Department of Social Services. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to provide basic shelter and services to homeless unemancipated minors and end their hardship as soon as possible, it is necessary for this act to take effect immediately.