BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1930 (Lackey) - In-home supportive services: family
caregivers: advisory committee
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|Version: August 1, 2016 |Policy Vote: HUMAN S. 4 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: August 1, 2016 |Consultant: Debra Cooper |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 1930 would create the In-Home Supportive Services
(IHSS) Family Caregiver Benefits Advisory Committee, as
specified, to study and provide a report on employment-based
supports and protections for IHSS providers.
Fiscal
Impact:
Estimated costs to the Department of Social Services (DSS) of
$373,000 in fiscal year 2016-17 and $331,000 in fiscal year
for administrative costs to support the advisory group,
assuming the committee will meet quarterly. This includes
three new staffing positions to assist in staffing the
committee and to prepare the peer-reviewed report. (GF)
Costs to DSS of $97,000 for fiscal years 2016-17 and 2017-18
for transportation and meeting expenses for committee members,
AB 1930 (Lackey) Page 1 of
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county representatives, IHSS providers, IHSS recipients and
their providers and for legal research and consultation. (GF)
Significant cost to DSS of $250,000 for fiscal years 2016-17
and 2017-18 for an external contract with the University of
California to complete the study and peer-reviewed report.
(GF)
Likely significant cost pressure to implement any
recommendations that the advisory committee produces.
Background: The Internal Revenue Code defines "employment" as any service
an employee performs for an employer, but contains an exception
to this definition for family employment. This exception applies
to service in a private home "in the employ of an individual's
son, daughter, or spouse." In these cases, according to the IRS,
no employment relationship exists. As a result, the CDSS has
determined that wages paid through IHSS to parent or spouse
providers fall under this exception and are exempt from
employment taxes which are typically matched to fund the
employee's future Social Security and Medicare benefits.
Additionally, Section 631 of the California Unemployment
Insurance Code states that "employment' does not include service
performed by an individual in the employ of his son, daughter,
or spouse. These family employees are therefore also excluded
from Unemployment Insurance, Employment Training Tax, and State
Disability Insurance coverage.
Proposed Law:
This bill creates an advisory committee, housed within the
State Department of Social Services, to describe the
availability of, and barriers to accessing, employment-based
supports and protections, including, but not limited to, federal
social security benefits and state unemployment insurance
benefits. This advisory committee would also study the impact of
the lack of access to these supports and protections on the
lives and communities of individuals who provide the supportive
services to a spouse or child.
AB 1930 (Lackey) Page 2 of
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The advisory committee would be made up of between eight and 11
individuals, inclusive, composed of an individual appointed by
the Speaker of the Assembly, an individual appointed by the
Senate Committee on Rules, and not more than nine individuals
appointed by the Governor including, but not limited to,
representatives from the following groups:
Academic entities with expertise in the subject matter
Nonprofit organizations related to IHSS
The State Department of Social Services
County governments
IHSS public authorities
Current IHSS providers who are a parent or spouse of the
individual receiving the personal assistance services
Individuals who are current or past consumers of personal
assistance services provided through IHSS
Labor organizations that are designated representative of
providers of personal assistance services funded as IHSS
On or before January 1, 2018, the advisory committee would be
required to provide a report to specified Legislative committees
including a summary of their findings and recommendations on
steps that the state can take to ensure that all IHSS providers
supporting a child or spouse have access to employment-based
supports and protections, as specified. This report must be peer
reviewed by the academic entity included in the committee.
This bill would remain in effect until January 1, 2019 unless a
statute deletes or extends that date.
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