BILL ANALYSIS
AB 2084
Page 1
ASSEMBLY THIRD READING
AB 2084 (Karnette)
As Amended March 21, 2006
Majority vote
JUDICIARY 6-3 APPROPRIATIONS 13-5
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|Ayes:|Jones, Evans, Laird, |Ayes:|Chu, Bass, Berg, |
| |Levine, Lieber, Monta?ez | |Calderon, |
| | | |De La Torre, Karnette, |
| | | |Klehs, Leno, Nation, |
| | | |Oropeza, Ridley-Thomas, |
| | | |Saldana, Yee |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Harman, Haynes, Leslie |Nays:|Sharon Runner, Emmerson, |
| | | |Haynes, Nakanishi, |
| | | |Walters |
| | | | |
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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 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
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.
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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:
a) Sexual relations between the parties while sharing the
same living quarters;
b) Sharing of income or expenses;
c) Joint use or ownership of property;
d) Whether the parties hold themselves out as husband and
wife;
e) The continuity of the relationship; or,
f) 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 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
or recording, or imposing any other requirements, which are
inconsistent with the federal Violence Against Women Act.
EXISTING LAW :
1)Provides for the funding of county programs to assist victims
of domestic violence via a portion of marriage licenses fees
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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 : According to the Assembly Appropriations
analysis:
1)This bill affects the use of money collected in the county
domestic violence programs special funds from marriage license
fees. This bill neither reduces nor expands the amount of
available money in the local funds. However, it narrows the
purposes for which these funds can be used, thus causing
counties to either close or find alternate funding for
domestic violence programs that do not meet the narrower
definition.
2)Negligible direct state fiscal impact.
3)Minor, reimbursable county costs to the extent this
legislation requires counties to change current procedures and
practices regarding the collection of information from the
shelters.
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, "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
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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
program meets relevant services requirements. According to the
author, this is necessary to protect the privacy of these
individuals.
According to the California Partnership to End Domestic
Violence, this 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. 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.
Analysis Prepared by : Manuel Valencia / JUD. / (916) 319-2334
FN: 0014079