BILL NUMBER: AB 903	CHAPTERED  10/10/07

	CHAPTER  400
	FILED WITH SECRETARY OF STATE  OCTOBER 10, 2007
	APPROVED BY GOVERNOR  OCTOBER 10, 2007
	PASSED THE SENATE  AUGUST 30, 2007
	PASSED THE ASSEMBLY  SEPTEMBER 4, 2007
	AMENDED IN SENATE  AUGUST 1, 2007
	AMENDED IN SENATE  JULY 17, 2007
	AMENDED IN ASSEMBLY  MAY 2, 2007
	AMENDED IN ASSEMBLY  APRIL 10, 2007

INTRODUCED BY   Assembly Members Houston and La Malfa

                        FEBRUARY 22, 2007

   An act to add Article 6 (commencing with Section 8692) to Chapter
7.5 of Division 1 of Title 2 of the Government Code, relating to
emergency services, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 903, Houston. Emergency services.
   Existing law, the California Disaster Assistance Act, requires the
Director of the Office of Emergency Services to allocate funds for
any local agency project to restore or repair real property of the
local agency damaged or destroyed by a disaster, as specified. The
Disaster Assistance Fund is continuously appropriated, without regard
to fiscal years, for purposes of the act.
   This bill would provide that a private nonprofit organization that
is eligible for specified disaster assistance under federal law
would be eligible for state assistance for distribution of supplies,
and other disaster or emergency assistance activities resulting in
extraordinary cost. It would provide that an organization is not
eligible for assistance under these provisions if it employs
religious content in the provision of emergency assistance and would
require that the grant of assistance comply with constitutional
prohibitions against discrimination and the use of public funds to
aid any religious organization or activity. It would direct the
Office of Emergency Services to adopt regulations for this purpose.
By expanding the purpose for which moneys in the Disaster Assistance
Fund, a continuously appropriated fund, are available, this bill
would make an appropriation.
   Appropriation: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Article 6 (commencing with Section 8692) is added to
Chapter 7.5 of Division 1 of Title 2 of the Government Code, to read:


      Article 6.  Nonprofit Organizations


   8692.  (a) If a state of emergency is proclaimed, an eligible
private nonprofit organization may receive state assistance for
distribution of supplies and other disaster or emergency assistance
activities resulting in extraordinary cost.
   (b) A private nonprofit organization is eligible for assistance
under this section if it is eligible for disaster assistance under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. Sec. 5121).
   (c) An organization is not eligible for assistance under this
section if it employs religious content in the provision of emergency
assistance.
   (d)  Any grant of assistance under this section shall comply with
Section 4 of Article I and Section 5 of Article XVI of the California
Constitution, state and federal civil rights laws, and the First
Amendment to the United States Constitution in regard to the funding
of religious organizations and activities. These legal constraints
include prohibitions on the discrimination against beneficiaries and
staff based on protected categories, on the use of public funds for
proselytizing of religious doctrine, religious instruction, or
worship, and on the use of other religious means to accomplish
programmatic goals.
   (e) The Office of Emergency Services shall adopt regulations to
implement this section.