BILL ANALYSIS
AB 2084
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2084 (Karnette)
As Amended August 28, 2006
Majority vote
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|ASSEMBLY: |56-22|(May 25, 2006) |SENATE: |22-12|(August 17, |
| | | | | |2006) |
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Original Committee Reference: JUD.
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;
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; and,
c) Resolve conflicting interpretations as to whether county
boards of supervisors have discretionary authority to fund
nonshelter-based county domestic violence programs by
restricting the funding to shelter-based domestic violence
programs.
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
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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)Defines "undisclosed" to mean a location that is not
advertised or publicized.
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)Requires any additional fees, in excess of $23, received by
the counties of Alameda, Contra Costa, Solano and the city of
Berkeley be available for funding domestic violence programs
other than domestic violence shelter-based programs, as
provided in current law.
8)Prohibits a county from requiring the disclosure of any
information pertaining to the undisclosed and secured location
of a domestic violence shelter-based program or the location
or identity of any shelter resident, employee, or volunteer.
9)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.
The Senate amendments :
1)Declare that it is the intent of the Legislature to resolve
conflicting interpretations as to whether county boards of
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supervisors have discretionary authority to fund
nonshelter-based county domestic violence programs by
restricting the funding to shelter-based domestic violence
programs.
2)Define "undisclosed" to mean a location that is not advertised
or publicized.
3)Require any additional fees, in excess of $23, received by the
counties of Alameda, Contra Costa, Solano and the city of
Berkeley be available for funding domestic violence programs
other than domestic violence shelter-based programs, as
provided in current law.
4)Allow counties to finance domestic violence shelter-based
programs regardless of whether funds are available from either
the county domestic violence programs special fund or other
community resources.
5)Include provisions to avoid conflicts with SB 968 (Torlakson).
6)Delete the provisions referring to the Americans with
Disabilities Act of 1990.
EXISTING LAW :
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.
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AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rules 28.8, negligible state
costs.
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
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-based 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.
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Analysis Prepared by : Manuel Valencia / JUD. / (916) 319-2334
FN: 0017240