Bill Text: CA AB1930 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: In-home supportive services: family caregivers: advisory committee.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Vetoed) 2016-09-30 - Vetoed by Governor. [AB1930 Detail]

Download: California-2015-AB1930-Amended.html

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BILL NUMBER: AB 1930	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 16, 2016
	AMENDED IN ASSEMBLY  MAY 27, 2016
	AMENDED IN ASSEMBLY  MARCH 28, 2016
	AMENDED IN ASSEMBLY  MARCH 9, 2016

INTRODUCED BY   Assembly Member Lackey
   (Coauthor: Assembly Member Gonzalez)

                        FEBRUARY 12, 2016

   An act to add and repeal Section 12335 of the Welfare and
Institutions Code, relating to public social services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1930, as amended, Lackey. In-home supportive services: family
caregivers: advisory committee.
   Existing law provides for the county-administered In-Home
Supportive Services (IHSS) program, under which qualified aged,
blind, and disabled persons are provided with supportive services in
order to permit them to remain in their own homes and avoid
institutionalization. Existing law provides that a person who is the
parent or a spouse of a recipient of those services shall be paid for
providing specified services to the recipient through the program.
   This bill would, until January 1, 2019, establish the In-Home
Supportive Services Family Caregiver Benefits Advisory 
Committee,   Committee within the State Department of
Social Services,  as specified, for the purpose of describing
the availability of, and barriers to accessing, employment-based
supports and protections, as specified, and studying the impact of
the lack of access to these supports and protections on individuals
who provide  the  supportive services 
described in the above provisions  to a spouse or as the
parent of a recipient child. The bill would require the advisory
committee to submit a peer-reviewed report to the Legislature, as
specified, on or before January 1, 2018.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 12335 is added to the Welfare and Institutions
Code, to read:
   12335.  (a) There is  established   hereby
established, within the State Department of Social Services, 
the In-Home Supportive Services Family Caregiver Benefits Advisory
Committee, for the purpose of describing the availability of, and
barriers to accessing, employment-based supports and protections,
including, but not limited to, federal  Social Security
  social security benefits and state unemployment
insurance  benefits, and studying the impact of the lack of
access to these supports and protections on the lives and communities
of individuals who provide the supportive services described in this
article to a spouse or as the parent of a recipient child.
   (b) The advisory committee shall be comprised of not  more
than 15 individuals, and shall include   fewer than
eight individuals and not more than 11 individuals pursuant to
subdivision (c). The advisory committee shall include, but not be
limited to,  representatives from  all of  the
following groups:
   (1) Academic entities  and nonprofit organizations
 with expertise in the subject matter of the report
described in subdivision (d). 
   (2) Nonprofit organizations related to IHSS.  
   (2) 
    (3)  The State Department of Social Services. 
   (3) The Department of Finance.  
   (4) The Legislative Analyst's Office.  
   (5) 
    (4)  County governments. 
   (6) 
    (5)  IHSS public authorities. 
   (7) 
    (6)  Individuals who are current providers of personal
assistance services funded as  in-home supportive services
  IHSS  pursuant to this article and who are a
parent or spouse of the person receiving those services. 
   (8) 
    (7)  Individuals who are current or past consumers of
personal assistance services provided through the IHSS program.

   (9) 
    (8)  Labor organizations that  represent IHSS
providers.   are designated representatives of pr 
 oviders of personal assistance services funded as IHSS pursuant
to this article.  
   (c) The Governor, the Speaker of the Assembly, and the Senate
Committee on Rules shall each appoint not more than five members to
the advisory committee. Prior to appointing members to the advisory
committee, the Governor, the Speaker of the Assembly, and the Senate
Committee on Rules shall consult with labor organizations that
represent IHSS providers regarding the appointments.  
   (c) (1) The Governor may appoint not more than nine individuals to
the advisory committee. Individuals appointed by the Governor may
include only representatives from the groups described in subdivision
(b).  
   (2) The Speaker of the Assembly and the Senate Committee on Rules
shall each appoint one individual to the advisory committee.
Individuals appointed by the Speaker of the Assembly and the Senate
Committee on Rules may include representatives who are not from the
groups described in subdivision (b).  
   (3) The appointments made pursuant to paragraphs (1) and (2) shall
ensure that the advisory committee includes representatives from all
groups described in subdivision (b). 
   (d) On or before January 1, 2018, the advisory committee shall
provide a report to the Senate Committee on Human Services, the
Senate Select Committee on Aging and Long-Term Care, the Assembly
Committee on Human Services, and the Assembly Committee on Aging and
Long-Term Care. The report shall include a summary of the findings of
the advisory committee, as described in subdivision (a), and
recommendations on steps the state can take to ensure that all IHSS
providers who provide supportive services to a spouse or child have
access to employment-based supports and protections, including, but
not limited to, federal  Social Security  
social security benefits and state unemployment insurance 
benefits, as described in subdivision (a). Prior to submission of the
report, the advisory committee shall arrange for peer review of the
study by the academic entities described in paragraph (1) of
subdivision (b).
   (e) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.