BILL ANALYSIS
AB 2084
Page 1
Date of Hearing: April 4, 2006
ASSEMBLY COMMITTEE ON JUDICIARY
Dave Jones, Chair
AB 2084 (Karnette) - As Amended: March 21, 2006
SUBJECT : DOMESTIC VIOLENCE SHELTER-BASED PROGRAMS
KEY ISSUE : SHOULD "DOMESTIC VIOLENCE PROGRAMS" BE RE-DESIGNATED
AS "DOMESTIC VIOLENCE SHELTER-BASED PROGRAMS" TO ENSURE THAT
THEY RECEIVE MANDATED FUNDING?
SYNOPSIS
This bill, sponsored by the California Partnership to End
Domestic Violence, would specify that funding, as prescribed by
the Domestic Violence Center Act, be made solely to "domestic
violence shelter-based programs." According to supporters, the
Domestic Violence Center Act, authored in 1977 by Senator Robert
was intended to create a sustainable source of funding, via
marriage license fees, for domestic violence shelters. However,
there is a growing trend throughout the state whereby counties
are making these funds available to domestic violence
"programs," such as peer counseling, that do not contain an
emergency domestic violence shelter component. As a result,
there are some counties, such as Fresno County, in which the
sole domestic violence shelter-based program does not receive
any funds, under the Domestic Violence Center Act.
SUMMARY : Re-designates "domestic violence centers" as
"domestic violence shelter-based programs" for purposes of
funding under the Domestic Violence Center Act (Act) and
re-defines domestic violence to include abuse by "cohabitants."
Specifically, this bill :
1)Declares that it is the intent of the Legislature to:
a) Begin to explore and determine ways of achieving
reductions in serious and fatal injuries to the victims of
domestic violence and begin to clarify the problems,
causes, and cures of domestic violence; and,
b) Support projects in several areas throughout the state
for the purpose of aiding victims of domestic violence by
providing them a place to escape the destructive
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environment.
2)Re-designates "domestic violence centers" as "domestic
violence shelter-based programs."
3)Defines "domestic violence" to include abuse committed against
an adult or a minor who is a cohabitant or former cohabitant.
4)Defines "cohabitant" to mean two unrelated adult persons
living together for a substantial period of time, resulting in
some permanency of relationship. Allows the following factors
to determine whether persons are cohabiting including, but not
limited to, all of the following:
i) Sexual relations between the parties while sharing
the same living quarters;
ii) Sharing of income or expenses;
iii) Joint use or ownership of property;
iv) Whether the parties hold themselves out as husband
and wife;
v) The continuity of the relationship;
vi) The length of the relationship.
5)Requires a domestic violence shelter-based program that
receives funding pursuant to the Act to meet the applicable
standards of Titles II and III of the federal Americans with
Disabilities Act (42 U.S.C.A. Sec. 12101 et seq.) and federal
regulations adopted thereto.
6)Stipulates that the funding obtained pursuant to the Act is
for the unrestricted use of a recipient domestic violence
shelter-based program, and allows this funding to be used to
provide both direct and indirect services.
7)Prohibits a county from requiring the disclosure of any
information pertaining to the confidential location of a
domestic violence shelter-based program or the location or
identity of any shelter resident, employee or volunteer.
8)Prohibits a county from requiring a method of data collection
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or recording, or imposing any other requirements, which are
inconsistent with the federal Violence Against Women Act (18
U.S.C. sec. 2261 et seq.).
EXISTING LAW : Under the Act (Welfare and Institutions Code
section 18290 et seq.):
1)Provides for the funding of county programs to assist victims
of domestic violence via a portion of marriage licenses fees
which are deposited into the county domestic violence programs
special fund.
2)Requires the fees collected in the special fund to be
disbursed to approved domestic violence programs on a yearly
or more frequent basis.
3)Sets forth the requirements applicable to counties
distributing funds to these programs, and eligibility,
operation, and reporting requirements for the domestic
violence programs and centers to which funding is provided.
4)Allows the county to finance one or more of those basic
services when a county lacks sufficient funds in the county
domestic violence programs special fund to finance basic
domestic violence shelter services, and community resources
are not available.
FISCAL EFFECT : As currently in print, this bill is keyed
fiscal.
COMMENTS : This bill replaces the term "domestic violence
programs," as referred to in the Welfare and Institutions Code,
with "domestic violence shelter-based programs." According to
the author's office, "counties are circumventing domestic
violence shelter funding to pick and choose what to pay for and
they are choosing to fund only the cheaper items." In order to
close this loophole, this bill makes explicit that these funds
are intended to go to domestic violence-based programs. In
order to accomplish this goal, this bill re-designates the
domestic violence programs and centers as "domestic violence
shelter-based programs" to be consistent with the intent of the
original law and revises the definition of domestic violence to
conform to existing law. Further, this bill limits the county's
ability to require information from funded domestic violence
shelter-based programs when trying to ascertain whether the
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program meets relevant services requirements. According to the
author's office, this is necessary to protect the privacy of
these individuals.
ARGUMENTS IN SUPPORT : According to the California Partnership
to End Domestic Violence, the bill's sponsor and a state-wide
coalition of domestic violence service providers, the original
1977 legislation notes that the marriage license fees were to
fund programs with listed components (Welfare and Institution
Code Section 18294). The listed components have been
incorporated into this bill, as parts of the defined
shelter-programs. A problem arises when counties attempt to
interpret the section of the Welfare and Institutions Code which
allows the funds to be allocated to "approved" programs, where
the county is required to make the "approvals." Counties have
been raiding these funds for domestic violence programs without
a shelter component despite the aforementioned requirement. To
prevent such future raids, this bill explicitly notes that these
funds go to domestic violence shelter-based programs, with the
listed components, only. The rationale is that actual shelters
provide the most important service, namely safety.
REGISTERED SUPPORT / OPPOSITION :
Support
California Partnership to End Domestic Violence (sponsor)
American Association of University Women
Opposition
None on file.
Analysis Prepared by : Manuel Valencia / JUD. / (916) 319-2334