California 2009-2010 Regular Session Status: In Committee 1 D cosponsors

AB 1970 — In-home supportive services providers: emergency shelter services.

Last action — From committee without further action.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing federal law provides for the declaration of a federal state of emergency, upon the request made by the Governor of an affected state, for the purpose of receiving federal emergency assistance. Existing law provides for the In-Home Supportive Services (IHSS) program, under which, either through employment by the recipient, by or through contract by the county, by the creation of a public authority, or pursuant to a contract with a nonprofit consortium, qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes. The duties of a public authority or nonprofit consortium that provides services under the IHSS Program include the provision of assistance to recipients in finding in-home supportive services personnel through the establishment of a provider registry. This bill would authorize a county department of social services to make IHSS provider registries available during a federally declared state of emergency. The bill would require a person designated by the county as representative of the county department of social services to, upon the request of an emergency shelter operator, assess the operator's emergency shelter, as defined, to determine the assistance needs of seniors and persons with disabilities at the shelter site. The bill would authorize the county department of social services to direct the public authority, or other entity responsible for providing in-home supportive services in the county, to contact in-home supportive services providers who are willing and available to provide assistance to seniors and persons with disabilities at the emergency shelter. By imposing new duties or local officials, this bill would create a state-mandated local program. The bill would provide that an in-home supportive services provider who provides assistance to seniors and persons with disabilities at an emergency shelter shall not be liable for harm caused by an act or omission of the provider if the provider was acting within the scope of his or her responsibilities as an in-home supportive services provider at the time of the act or omission and the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed by the provider. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Bill Text

Action History

  1. From committee without further action.

  2. In committee: Set, second hearing. Held under submission.

  3. In committee: Set, first hearing. Referred to APPR. suspense file.

  4. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 4. Noes 1.) (April 13).

  5. Re-referred to Com. on HUM. S.

  6. (Corrected April 8.)

  7. From committee chair, with author's amendments: Amend, and re-refer to Com. on HUM. S. Read second time and amended.

  8. In committee: Set, first hearing. Hearing canceled at the request of author.

  9. Referred to Com. on HUM. S.

  10. From printer. May be heard in committee March 20.

  11. Read first time. To print.

Sponsors

  • Portantino · Cosponsor
  • Saldana · Cosponsor
  • Nava · Cosponsor
  • Yamada · Cosponsor
  • Mike Fong · Primary

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 117 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (4)

  • Portantino
  • Saldana
  • Nava
  • Yamada

Not signed on (117)

117 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

What does AB 1970 do?
Existing federal law provides for the declaration of a federal state of emergency, upon the request made by the Governor of an affected state, for the purpose of receiving federal emergency assistance. Existing law provides for the In-Home Supportive Services (IHSS) program, under which, either through employment by the recipient, by or through contract by the county, by the creation of a public authority, or pursuant to a contract with a nonprofit consortium, qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes. The duties of a public authority or nonprofit consortium that provides services under the IHSS Program include the provision of assistance to recipients in finding in-home supportive services personnel through the establishment of a provider registry. This bill would authorize a county department of social services to make IHSS provider registries available during a federally declared state of emergency. The bill would require a person designated by the county as representative of the county department of social services to, upon the request of an emergency shelter operator, assess the operator's emergency shelter, as defined, to determine the assistance needs of seniors and persons with disabilities at the shelter site. The bill would authorize the county department of social services to direct the public authority, or other entity responsible for providing in-home supportive services in the county, to contact in-home supportive services providers who are willing and available to provide assistance to seniors and persons with disabilities at the emergency shelter. By imposing new duties or local officials, this bill would create a state-mandated local program. The bill would provide that an in-home supportive services provider who provides assistance to seniors and persons with disabilities at an emergency shelter shall not be liable for harm caused by an act or omission of the provider if the provider was acting within the scope of his or her responsibilities as an in-home supportive services provider at the time of the act or omission and the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed by the provider. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Who sponsors AB 1970?
AB 1970 is sponsored by Portantino, Saldana, Nava, Yamada, and Fong, Mike (Democratic).
What is the current status of AB 1970?
This bill died with 2009-2010 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1970?
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