BILL NUMBER: AB 1532 AMENDED
AMENDED IN ASSEMBLY JANUARY 4, 2010
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Lieu
FEBRUARY 27, 2009
An act to amend Section 12306 of the Welfare and
Institutions Code, relating to in-home supportive services, and
declaring the urgency thereof, to take effect immediately.
An act to add Chapter 4.2 (commencing with Section 829.5) to
Title 3 of Part 2 of the Penal Code, relating to code enforcement
LEGISLATIVE COUNSEL'S DIGEST
AB 1532, as amended, Lieu. In-home supportive services.
Code enforcement officers.
Existing law defines the term "code enforcement officer" for
purposes of determining the punishment for an assault or battery
committed against a code enforcement officer as a person who is not a
peace officer, has enforcement authority in specified areas, and is
authorized to issue citations or file formal complaints.
This bill would define the term "code enforcement officer" in the
Penal Code as described above without limiting the definition to the
context of assault and battery committed against a code enforcement
Existing law provides for the In-Home Supportive Services (IHSS)
program, under which qualified aged, blind, and disabled persons
receive services enabling them to remain in their own homes.
Under existing law, the state and counties are required to share
the annual cost of providing services under the program. Existing law
requires the state to pay 65% of these costs, from the General Fund
and specified federal funds, and the county pays 35% of the cost of
providing these services.
This bill would require specified additional funding made
available to counties for in-home supportive services for the 2008-09
and 2009-10 fiscal years, to be used to supplement, and not to
supplant, the level of county expenditures made for the 2007-08
fiscal year for the program, and would prohibit those funds from
being used to fund any other program.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3 majority . Appropriation:
no. Fiscal committee: yes no .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 4.2 (commencing with Section
829.5) is added to Title 3 of Part 2 of the Penal Code
, to read:
CHAPTER 4.2. CODE ENFORCEMENT OFFICERS
829.5. (a) "Code enforcement officer" means any person who is not
described in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 and who is employed by any governmental subdivision, public
or quasi-public corporation, public agency, public service
corporation, any town, city, county, or municipal corporation,
whether incorporated or chartered, who has enforcement authority for
health, safety, and welfare requirements, and whose duties include
enforcement of any statute, rules, regulations, or standards, and who
is authorized to issue citations, or file formal complaints.
(b) "Code enforcement officer" also includes any person who is
employed by the Department of Housing and Community Development who
has enforcement authority for health, safety, and welfare
requirements pursuant to the Employee Housing Act (Part 1 (commencing
with Section 17000) of Division 13 of the Health and Safety Code);
the State Housing Law (Part 1.5 (commencing with Section 17910) of
Division 13 of the Health and Safety Code); the
Mobilehomes-Manufactured Housing Act (Part 2 (commencing with Section
18000) of Division 13 of the Health and Safety Code); the Mobilehome
Parks Act (Part 2.1 (commencing with Section 18200) of Division 13
of the Health and Safety Code); and the Special Occupancy Parks Act
(Part 2.3 (commencing with Section 18860) of Division 13 of the
Health and Safety Code).
SECTION 1. Section 12306 of the Welfare and
Institutions Code is amended to read:
12306. (a) The state and counties shall share the annual cost of
providing services under this article as specified in this section.
(b) Except as provided in subdivisions (c) and (d), the state
shall pay to each county, from the General Fund and any federal funds
received under Title XX of the federal Social Security Act available
for that purpose, 65 percent of the cost of providing services under
this article, and each county shall pay 35 percent of the cost of
providing those services.
(c) For services eligible for federal funding pursuant to Title
XIX of the federal Social Security Act under the Medi-Cal program
and, except as provided in subdivisions (b) and (d) the state shall
pay to each county, from the General Fund and any funds available for
that purpose 65 percent of the nonfederal cost of providing services
under this article, and each county shall pay 35 percent of the
nonfederal cost of providing those services.
(d) (1) For the period of July 1, 1992, to June 30, 1994,
inclusive, the state's share of the cost of providing services under
this article shall be limited to the amount appropriated for that
purpose in the annual Budget Act.
(2) The department shall restore the funding reductions required
by subdivision (c) of Section 12301, fully or in part, as soon as
administratively practicable, if the amount appropriated from the
General Fund for the 1992-93 fiscal year under this article is
projected to exceed the sum of the General Fund expenditures under
Section 14132.95 and the actual General Fund expenditures under this
article for the 1992-93 fiscal year. The entire amount of the excess
shall be applied to the restoration. Services shall not be restored
under this paragraph until the Department of Finance has determined
that the restoration of services would result in no additional costs
to the state or to the counties relative to the combined state
appropriation and county matching funds for in-home supportive
services under this article in the 1992-93 fiscal year.
(e) The additional funding made available to counties for in-home
supportive services from the federal American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) for the 2008-09 and
2009-10 fiscal years, shall be used to supplement, and not to
supplant, the level of county expenditures made for the 2007-08
fiscal year for the In-Home Supportive Services program, and shall
not be used to fund any other program.
SEC. 2. 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
In order to ensure the timely and appropriate expenditure of
federal matching funds for the In-Home Supportive Services program,
it is necessary that this bill take effect immediately.