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AB-1594 Discrimination: veterans.(2003-2004)

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Assembly Bill No. 1594
CHAPTER 776

An act to amend Section 50801.5 of the Health and Safety Code, relating to veterans.

[ Filed with Secretary of State  October 11, 2003. Approved by Governor  October 10, 2003. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1594, Committee on Veterans Affairs. Discrimination: veterans.
Existing law prohibits discrimination on the basis of age, sex, or physical or mental disability under any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state.
Existing law establishes the Emergency Housing and Assistance Program and requires the Department of Housing and Community Development to adopt regulations for the administration of the program. These regulations are required to provide, among other things, that designated local boards meet reasonable standards of nondiscrimination.
This bill would provide that the above described requirements for regulations do not preclude the providers of emergency shelter or transitional housing from restricting occupancy on the basis of military veteran status if the veterans served possess significant barriers to social reintegration and employment, as specified.

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature hereby finds and declares all of the following:
(a) It is estimated that veterans constitute nearly 30 percent of California’s homeless adult population.
(b) According to the United States Department of Veterans Affairs, veterans are twice as likely to become homeless as nonveterans. Women veterans are four times as like as nonveteran women to become homeless.
(c) In its October 2002 report, “A Study on the Status of Homeless Veterans in California,” the California Department of Veterans Affairs estimated that up to 55,000 veterans are homeless on any given day in California, 27,000 in Los Angeles alone.
(d) There are less than 2,500 shelter and transitional beds specifically available for homeless veterans in California.
(e) Homeless veterans experience multiple barriers to employment, including long-term homelessness, unemployment, underemployment, higher rates of hepatitis C, higher rates of adult onset diabetes, physical and mental disability, posttraumatic stress disorder, and substance abuse issues.
(f) Over 80 percent of homeless veterans who receive housing and support services from veteran-specific programs successfully avoid future homelessness.

SEC. 2.

 Section 50801.5 of the Health and Safety Code is amended to read:

50801.5.
 (a) The department shall adopt regulations for the administration of the Emergency Housing and Assistance Program. The regulations shall govern the equitable distribution of funds in accordance with the intent and provisions of this chapter, and shall ensure that the program is administered in an effective and efficient manner. The regulations shall provide for reasonable delegation of authority to designated local boards, ensure that local priorities and criteria are reasonably designed to address the needs of homeless people, and ensure that designated local boards meet reasonable standards of inclusiveness, accountability, nondiscrimination, and integrity.
(b) The regulations adopted pursuant to this section shall ensure that emergency shelter and services will be provided on a first-come-first-served basis for whatever time periods are established by the shelter. No individual or household may be denied shelter or services because of an inability to pay. Nothing in this provision shall be construed to preclude a shelter from accepting payment vouchers provided through any other public or private program so long as no shelter beds are reserved beyond sundown for that purpose. Notwithstanding Section 11135 of the Government Code or any other provision of law, nothing in this section shall be construed to preclude a provider of emergency shelter or transitional housing from restricting occupancy on the basis of any of the following:
(1) Sex.
(2) In the case of an emergency shelter or transitional housing offered exclusively to persons 24 years of age or younger pursuant to Section 11139.3 of the Government Code, on the basis of age.
(3) Military veteran status, if the veterans served possess significant barriers to social reintegration and employment due to a physical or mental disability, substance abuse, or the effects of long-term homelessness that require specialized treatment and services and the provider of emergency shelter or transitional housing also provides the specialized treatment and services.
However, in the case of families, providers of emergency shelter or transitional housing shall provide, to the greatest extent feasible, adequate facilities within their range of services so that all members of a family may be housed together, regardless of age and gender.