BILL ANALYSIS
AB 1003
Page 1
Date of Hearing: April 14, 2009
Consultant: Larry Yee
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Jose Solorio, Chair
AB 1003 (John A. Perez) - As Amended: April 2, 2009
SUMMARY : Eliminates the four grant annual limitation for the
awarding of grants from the Equality in Prevention and Services
for Domestic Abuse Fund, and adds staff qualification
requirements. Specifically, this bill :
1)Deletes the requirement that programs previously funded shall
not be subject to a competitive grant process, but shall
instead be subject to a request for application (RFA) process.
2)Provides that grant recipients are not subject to matching
funds requirements for the purposes of this section.
3)Incorporates for clarity the California Evidence Code Section
1037.1 definition of "domestic violence counselor" requiring
that domestic violence counselors must have must have either:
a) A master's degree in counseling;
b) One year of counseling experience, at least six months
of which is in counseling domestic violence victims; or,
c) At least 40 hours of supervised training under a
qualified domestic violence counselor, which shall include
the history of domestic violence, relevant civil and
criminal law, societal attitudes towards domestic violence,
counseling techniques, housing, public assistance, and
referral services.
4)Provides that the minimum training standards of Evidence Code
Section 1037.1 shall be provided to the appropriate staff and
volunteers who do not meet the minimum requirements.
5)Changes references from the Office of Emergency Services (OES)
to California Emergency Management Agency (Cal-EMA).
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EXISTING LAW :
1)Establishes a grant program for the development and support of
domestic violence programs and services for the gay, lesbian,
bisexual, and transgender (LGBT) community. [Penal Code
Section 13823.17.]
2)Provides that the Office of Emergency Management Services
shall use funds from the Equality in Prevention and Services
for Domestic Abuse fund to award up to four grants annually to
fund qualifying domestic violence programs and services for
the LGBT community with services including, but not limited to
all of the following:
a) 24-hour crisis hotlines;
b) Counseling;
c) Court and social service advocacy;
d) Legal assistance with temporary restraining orders,
devices, and custody disputes;
e) Community resource and referral;
f) Household establishment assistance;
g) Emergency housing; and,
h) Educational workshops and publications. [Penal Code
Section 13823.17.]
3)Provides that a domestic violence counselor employed by a
domestic violence center, whether financially compensated or
not, must have either:
a) A master's degree in counseling;
b) One year of counseling experience, at least six months
of which is in counseling domestic violence victims; or,
c) At least 40 hours of supervised training under a
qualified domestic violence counselor, which shall include
the history of domestic violence, relevant civil and
criminal law, societal attitudes towards domestic violence,
AB 1003
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counseling techniques, housing, public assistance, and
referral services. [Evidence Code Section 1037.1(a).]
4)Requires the OES Comprehensive Statewide Domestic Violence
Program to provide assistance to local domestic violence
centers through a grant program. Requires OES to conduct
statewide training workshops on domestic violence. [Penal
Code Section 13823.15.]
5)Requires the Commission on Peace Officer Standards and
Training to implement a training program on the handling of
domestic violence complaints for law enforcement officers in
California and to consult with various groups on development
of the program. [Penal Code Section 13519.]
6)Merged the OES and Office of Homeland Security into Cal-EMA.
[Government Code Section 8585.]
7)Requires the Maternal and Child Health Branch of the State
Department of Public Health to administer grants to battered
women's shelters to provide emergency shelter for women and
their children escaping family violence, including grants to
underserved communities. Creates, until January 1, 2010, an
advisory council to consult with the Department of Health
Services regarding the funding program, consisting of, among
others, domestic violence advocates, battered women service
providers and law enforcement. [Health and Safety Code
Section 124250.]
8)Allows two persons, who are either of the same sex or person
of opposite sexes, where one or both is over 62, to become
domestic partners by filing a declaration with the Secretary
of State. Requires the Secretary of State, by regulation, to
establish and charge fees to registrants based on the actual
costs. [Family Code Sections 297 to 298.5.]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "In 2006,
Equality California sponsored AB 2051 (Cohn), the Equality in
Prevention and Services for Domestic Abuse Act. This
legislation, which was enacted on January 1, 2007, levied a
$23 fee on individuals registering as domestic partners to
AB 1003
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fund culturally appropriate programs for LGBT survivors of
domestic violence. Specifically, this bill established a
grant program, funded by the Equality in Prevention and
Services for Domestic Abuse Fund, to ensure that LGBT people
in abusive relationships have access to prevention and
intervention services that encourage them to break the cycle
of violence.
"By deleting the minimum number of grants that may be awarded,
Cal-EMA would have the flexibility to issue more organizations
grants should those funds become available.
"Additionally, concern has been expressed that the use of the
word 'all' has created an unintended consequence of limiting
the organizations that may be awarded grants. The purpose of
the grant program is to provide grants to organizations that
are able to provide the best culturally appropriate education
and services for LGBT victims of domestic violence."
2)Background : According to the background submitted by the
author, "Current law would allow for automatic awarding of
previous grant recipients (RFA). Due to the limited
availability of funds this could have the unintentional
consequence of preventing new organizations with better
programs from being funded. All grants will now be
administered via a competitive RFP process, including those
previously funded. This ensures review of all recipients
based on the current proposal and would allow for better
competition for limited funds."
3)Argument in Support : According to Equality California (the
sponsor of this bill), "AB 1003 would make various changes to
the law regarding the Equality in Prevention and Services for
Domestic Abuse Fund. Specifically, this bill would delete the
requirement to fun a minimum of four grants annually.
Additionally, this bill would clarify that grants may be
awarded to organizations that provide 'any,' rather than
'all,' of the domestic violence services specified. These
changes would allow Cal-EMA the flexibility to issue more
grants to support innovative program models that are proven
most effective in serving LGBT survivors, such as those being
pioneered by LGBT centers and LGBT-specific organizations
across the state."
4)Prior Legislation : AB 2051 (Cohn), Chapter 856, Statutes of
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2006, established training and services for LGBT victims of
domestic violence by requiring the OES to establish a grant
program, funded by the Equality in Prevention and Services for
Domestic Abuse Fund, to fund grants to LGBT domestic abuse
service providers.
REGISTERED SUPPORT / OPPOSITION :
Support
Equality California (Sponsor)
California Partnership to End Domestic Violence
Opposition
None
Analysis Prepared by : Larry Yee / PUB. S. / (916) 319-3744