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AB-1694 Foster care payments: income.(2017-2018)

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Date Published: 01/12/2018 09:00 PM
AB1694:v97#DOCUMENT

Amended  IN  Senate  January 12, 2018
Amended  IN  Senate  June 05, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1694


Introduced by Committee on Judiciary (Assembly Members Mark Stone (Chair), Chau, Chiu, Cristina Garcia, Holden, Kalra, Reyes, and Ting) Assembly Member Mark Stone

February 27, 2017


An act to amend Sections 51.7 and 52.1 of the Civil Code, to amend Section 1861.03 of the Insurance Code, and to repeal Section 1 of Chapter 1293 of the Statutes of 1976, relating to civil rights. repeal Section 11004.5 of the Welfare and Institutions Code, relating to foster care, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 1694, as amended, Committee on Judiciary Mark  Stone. Civil rights. Foster care payments: income.
Existing law, the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, requires foster care providers to be paid a per child per month rate, established by the State Department of Social Services, for the care and supervision of the child placed with the provider. Existing law prohibits foster care payments from being considered income of the foster parent or child for purposes of determining eligibility and benefits for specified state or federal programs unless required by federal law as a condition of the receipt of federal financial participation.
This bill would repeal the above-described prohibition on foster care payments from being considered income.
This bill would declare that it is to take effect immediately as an urgency statute.

The Ralph Civil Rights Act of 1976 provides, in part, that all persons within the jurisdiction of this state have the right to be free from any violence, or intimidation by threat of violence, on account of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation.

This bill would repeal the uncodified provision entitling the Ralph Civil Rights Act of 1976, and would instead include that title in the above-described provision.

Under existing law, if a person or persons, whether or not acting under color of law, interferes or attempts to interfere, by threats, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of rights secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of this state, the Attorney General, or any district attorney or city attorney is authorized to bring a civil action for injunctive and other appropriate equitable relief in the name of the people of the State of California, in order to protect the exercise or enjoyment of the right or rights secured. Existing law also authorizes an individual whose exercise or enjoyment of those rights has been interfered with, or attempted to be interfered with, as described, to institute and prosecute a civil action for damages, including, but not limited to, specified damages, injunctive relief, and other appropriate equitable relief to protect the peaceable exercise or enjoyment of the right or rights secured. Existing law entitles the act that added these provisions as the Tom Bane Civil Rights Act.

This bill would include that title in the above-described provisions.

Existing law, the Insurance Rate Reduction and Reform Act, enacted by Proposition 103, as approved by the voters at the November 8, 1988, statewide general election, subjects the business of insurance to the laws of this state applicable to any other business, including, but not limited to, civil rights laws.

This bill would make a nonsubstantive change to this provision by removing an incorrect title for the cross-referenced civil rights laws.

Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 11004.5 of the Welfare and Institutions Code is repealed.
11004.5.

Notwithstanding any other law, foster care payments made pursuant to Section 11460 shall not be considered income of the foster parent or child for purposes of determining eligibility and benefits for any state or federal programs under this code, the Education Code, or the Health and Safety Code unless required by federal law as a condition of the receipt of federal financial participation.

SEC. 2.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to clarify the scope of the continuum of care reform as quickly as possible, it is necessary for this act to take effect immediately.