California 2019 2019-2020 Regular Session

California Assembly Bill AB850 Amended / Bill

Filed 03/28/2019

Amended IN Assembly March 28, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 850Introduced by Assembly Member LackeyFebruary 20, 2019An act to amend Section 4996.2 of the Business and Professions Code, relating to social workers. An act to add Article 2.6 (commencing with Section 127934.10) to Chapter 2 of Part 3 of Division 107 of the Health and Safety Code, and to add Section 17131.11 to the Revenue and Taxation Code, relating to public health.LEGISLATIVE COUNSEL'S DIGESTAB 850, as amended, Lackey. Clinical social workers: licensure requirements. Social workers: student loan repayment program.Existing law establishes the Office of Statewide Health Planning and Development (OSHPD) in the California Health and Human Services Agency to regulate health planning and research development. Existing law makes the OSHPD responsible for administering various scholarship and loan repayment programs for health care professionals.This bill would establish the California Social Worker Student Loan Repayment Program in the OSHPD to provide loan repayment awards to individuals who have completed a bachelors degree in social work, have received a student loan in order to meet the costs associated with obtaining that degree, have been employed as a child welfare social worker for 5 years, and continue to have repayment obligations on the student loan at the end of that 5-year employment period. The bill would require that the loan repayment award be equal to 50% of the balance remaining on the student loan at the end of the 5-year employment period. The bill would authorize the OSHPD to adopt rules and regulations for the purpose of administering the program and would make its provisions operative only upon appropriate funding, as determined by the OSHPD, being made available by appropriation of the Legislature or other sources.The Personal Income Tax Law, in conformity with federal income tax law, generally defines gross income as income from whatever source derived, except as specifically excluded, and provides various exclusions from gross income.The bill would, if the program becomes operative, exclude from gross income for purposes of the Personal Income Tax Law the amount of a loan repayment award received by an individual under the California Social Worker Student Loan Repayment Program.Existing law provides for the licensure and regulation of clinical social workers by the Board of Behavioral Sciences. Under existing law, an applicant for a clinical social worker license is required to furnish to the board evidence that the applicant has, among other things, completed a minimum of 7 contact hours of training or coursework in child abuse assessment and reporting.This bill would make a technical, nonsubstantive change to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 2.6 (commencing with Section 127934.10) is added to Chapter 2 of Part 3 of Division 107 of the Health and Safety Code, to read: Article 2.6. California Social Worker Student Loan Repayment Program127934.10. (a) This article shall be known, and may be cited, as the California Social Worker Student Loan Repayment Program.(b) There is hereby established within the Office of Statewide Health Planning and Development, the California Social Worker Student Loan Repayment Program.127934.15. (a) The office shall administer the program. Under the program an individual who has completed a bachelors degree in social work may be eligible to receive a loan repayment award. In order to be eligible to receive a loan repayment award, an applicant shall satisfy all of the following conditions:(1) In order to meet the costs associated with obtaining a bachelors degree in social work, the applicant has received a student loan.(2) The applicant has been employed for five years as a child welfare social worker.(3) The applicant continues to have repayment obligations on the loan after the conclusion of the five-year period.display:inline;">127934.25. (a) The office may seek matching funds from foundations and private sources. The office may also contract with an exempt foundation for the receipt of matching funds to be transferred to the fund for use by this program.(b) The California Social Worker Student Loan Repayment Fund is hereby established within the State Treasury. All funds received by the state for the purposes of this article shall be deposited in the fund.(c) Moneys in the fund shall, upon appropriation by the Legislature, be available for the purposes of this article.127934.30. For purposes of this article, the following definitions shall apply:(a) Office means the Office of Statewide Health Planning and Development.(b) Program means the California Social Worker Student Loan Repayment Program.(c) Fund means the California Social Worker Student Loan Repayment Fund.127934.35. Except for Section 127934.25, this article shall not become operative unless appropriate funding, as determined by the office, is made available for that purpose upon appropriation by the Legislature or other sources. The director of the office shall file a written notice with the Legislature pursuant to Section 9795 of the Government Code, when sufficient funds have been received.SEC. 2. Section 17131.11 is added to the Revenue and Taxation Code, to read:17131.11. For taxable years beginning on or after January 1, 2020, gross income shall not include a loan repayment award received pursuant to Article 2.6 (commencing with Section 127934.10) of Chapter 2 of Part 3 of Division 107 of the Health and Safety Code. This section shall become operative only if the program set forth in Article 2.6 (commencing with Section 127934.10) of Chapter 2 of Part 3 of Division 107 of the Health and Safety Code receives sufficient funding and becomes operative as set forth in Section 127934.35 of the Health and Safety Code.SECTION 1.Section 4996.2 of the Business and Professions Code is amended to read:4996.2.Each applicant for a license shall furnish evidence satisfactory to the board that the applicant complies with all of the following requirements:(a)Is at least 21 years of age.(b)Has received a masters degree from an accredited school of social work.(c)Has had two years of supervised post-masters degree experience, as specified in Section 4996.23.(d)Has not committed any crimes or acts constituting grounds for denial of licensure under Section 480. The board shall not issue a registration or license to any person who has been convicted of any crime in this or another state or in a territory of the United States that involves sexual abuse of children or who is required to register pursuant to Section 290 of the Penal Code or the equivalent in another state or territory.(e)Has completed adequate instruction and training in the subject of alcoholism and other chemical substance dependency. This requirement applies only to applicants who matriculate on or after January 1, 1986.(f)Has completed instruction and training in spousal or partner abuse assessment, detection, and intervention. This requirement applies to an applicant who began graduate training during the period commencing on January 1, 1995, and ending on December 31, 2003. An applicant who began graduate training on or after January 1, 2004, shall complete a minimum of 15 contact hours of coursework in spousal or partner abuse assessment, detection, and intervention strategies, including knowledge of community resources, cultural factors, and same gender abuse dynamics. Coursework required under this subdivision may be satisfactory if taken either in fulfillment of other educational requirements for licensure or in a separate course.(g)Has completed a minimum of 10 contact hours of training or coursework in human sexuality as specified in Section 1807 of Title 16 of the California Code of Regulations. This training or coursework may be satisfactory if taken either in fulfillment of other educational requirements for licensure or in a separate course.(h)Has completed a minimum of seven contact hours of training or coursework in child abuse assessment and reporting as specified in Section 1807.2 of Title 16 of the California Code of Regulations. This training or coursework may be satisfactory if taken either in fulfillment of other educational requirements for licensure or in a separate course.

Amended IN Assembly March 28, 2019

CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

Assembly Bill No. 850

Introduced by Assembly Member LackeyFebruary 20, 2019

Introduced by Assembly Member Lackey
February 20, 2019

An act to amend Section 4996.2 of the Business and Professions Code, relating to social workers. An act to add Article 2.6 (commencing with Section 127934.10) to Chapter 2 of Part 3 of Division 107 of the Health and Safety Code, and to add Section 17131.11 to the Revenue and Taxation Code, relating to public health.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 850, as amended, Lackey. Clinical social workers: licensure requirements. Social workers: student loan repayment program.

Existing law establishes the Office of Statewide Health Planning and Development (OSHPD) in the California Health and Human Services Agency to regulate health planning and research development. Existing law makes the OSHPD responsible for administering various scholarship and loan repayment programs for health care professionals.This bill would establish the California Social Worker Student Loan Repayment Program in the OSHPD to provide loan repayment awards to individuals who have completed a bachelors degree in social work, have received a student loan in order to meet the costs associated with obtaining that degree, have been employed as a child welfare social worker for 5 years, and continue to have repayment obligations on the student loan at the end of that 5-year employment period. The bill would require that the loan repayment award be equal to 50% of the balance remaining on the student loan at the end of the 5-year employment period. The bill would authorize the OSHPD to adopt rules and regulations for the purpose of administering the program and would make its provisions operative only upon appropriate funding, as determined by the OSHPD, being made available by appropriation of the Legislature or other sources.The Personal Income Tax Law, in conformity with federal income tax law, generally defines gross income as income from whatever source derived, except as specifically excluded, and provides various exclusions from gross income.The bill would, if the program becomes operative, exclude from gross income for purposes of the Personal Income Tax Law the amount of a loan repayment award received by an individual under the California Social Worker Student Loan Repayment Program.Existing law provides for the licensure and regulation of clinical social workers by the Board of Behavioral Sciences. Under existing law, an applicant for a clinical social worker license is required to furnish to the board evidence that the applicant has, among other things, completed a minimum of 7 contact hours of training or coursework in child abuse assessment and reporting.This bill would make a technical, nonsubstantive change to these provisions.

This bill would establish the California Social Worker Student Loan Repayment Program in the OSHPD to provide loan repayment awards to individuals who have completed a bachelors degree in social work, have received a student loan in order to meet the costs associated with obtaining that degree, have been employed as a child welfare social worker for 5 years, and continue to have repayment obligations on the student loan at the end of that 5-year employment period. The bill would require that the loan repayment award be equal to 50% of the balance remaining on the student loan at the end of the 5-year employment period. The bill would authorize the OSHPD to adopt rules and regulations for the purpose of administering the program and would make its provisions operative only upon appropriate funding, as determined by the OSHPD, being made available by appropriation of the Legislature or other sources.

The Personal Income Tax Law, in conformity with federal income tax law, generally defines gross income as income from whatever source derived, except as specifically excluded, and provides various exclusions from gross income.

The bill would, if the program becomes operative, exclude from gross income for purposes of the Personal Income Tax Law the amount of a loan repayment award received by an individual under the California Social Worker Student Loan Repayment Program.

Existing law provides for the licensure and regulation of clinical social workers by the Board of Behavioral Sciences. Under existing law, an applicant for a clinical social worker license is required to furnish to the board evidence that the applicant has, among other things, completed a minimum of 7 contact hours of training or coursework in child abuse assessment and reporting.

This bill would make a technical, nonsubstantive change to these provisions.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Article 2.6 (commencing with Section 127934.10) is added to Chapter 2 of Part 3 of Division 107 of the Health and Safety Code, to read: Article 2.6. California Social Worker Student Loan Repayment Program127934.10. (a) This article shall be known, and may be cited, as the California Social Worker Student Loan Repayment Program.(b) There is hereby established within the Office of Statewide Health Planning and Development, the California Social Worker Student Loan Repayment Program.127934.15. (a) The office shall administer the program. Under the program an individual who has completed a bachelors degree in social work may be eligible to receive a loan repayment award. In order to be eligible to receive a loan repayment award, an applicant shall satisfy all of the following conditions:(1) In order to meet the costs associated with obtaining a bachelors degree in social work, the applicant has received a student loan.(2) The applicant has been employed for five years as a child welfare social worker.(3) The applicant continues to have repayment obligations on the loan after the conclusion of the five-year period.display:inline;">127934.25. (a) The office may seek matching funds from foundations and private sources. The office may also contract with an exempt foundation for the receipt of matching funds to be transferred to the fund for use by this program.(b) The California Social Worker Student Loan Repayment Fund is hereby established within the State Treasury. All funds received by the state for the purposes of this article shall be deposited in the fund.(c) Moneys in the fund shall, upon appropriation by the Legislature, be available for the purposes of this article.127934.30. For purposes of this article, the following definitions shall apply:(a) Office means the Office of Statewide Health Planning and Development.(b) Program means the California Social Worker Student Loan Repayment Program.(c) Fund means the California Social Worker Student Loan Repayment Fund.127934.35. Except for Section 127934.25, this article shall not become operative unless appropriate funding, as determined by the office, is made available for that purpose upon appropriation by the Legislature or other sources. The director of the office shall file a written notice with the Legislature pursuant to Section 9795 of the Government Code, when sufficient funds have been received.

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

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

SECTION 1. Article 2.6 (commencing with Section 127934.10) is added to Chapter 2 of Part 3 of Division 107 of the Health and Safety Code, to read: Article 2.6. California Social Worker Student Loan Repayment Program127934.10. (a) This article shall be known, and may be cited, as the California Social Worker Student Loan Repayment Program.(b) There is hereby established within the Office of Statewide Health Planning and Development, the California Social Worker Student Loan Repayment Program.127934.15. (a) The office shall administer the program. Under the program an individual who has completed a bachelors degree in social work may be eligible to receive a loan repayment award. In order to be eligible to receive a loan repayment award, an applicant shall satisfy all of the following conditions:(1) In order to meet the costs associated with obtaining a bachelors degree in social work, the applicant has received a student loan.(2) The applicant has been employed for five years as a child welfare social worker.(3) The applicant continues to have repayment obligations on the loan after the conclusion of the five-year period.display:inline;">127934.25. (a) The office may seek matching funds from foundations and private sources. The office may also contract with an exempt foundation for the receipt of matching funds to be transferred to the fund for use by this program.(b) The California Social Worker Student Loan Repayment Fund is hereby established within the State Treasury. All funds received by the state for the purposes of this article shall be deposited in the fund.(c) Moneys in the fund shall, upon appropriation by the Legislature, be available for the purposes of this article.127934.30. For purposes of this article, the following definitions shall apply:(a) Office means the Office of Statewide Health Planning and Development.(b) Program means the California Social Worker Student Loan Repayment Program.(c) Fund means the California Social Worker Student Loan Repayment Fund.127934.35. Except for Section 127934.25, this article shall not become operative unless appropriate funding, as determined by the office, is made available for that purpose upon appropriation by the Legislature or other sources. The director of the office shall file a written notice with the Legislature pursuant to Section 9795 of the Government Code, when sufficient funds have been received.

SECTION 1. Article 2.6 (commencing with Section 127934.10) is added to Chapter 2 of Part 3 of Division 107 of the Health and Safety Code, to read:

### SECTION 1.

Article 2.6. California Social Worker Student Loan Repayment Program127934.10. (a) This article shall be known, and may be cited, as the California Social Worker Student Loan Repayment Program.(b) There is hereby established within the Office of Statewide Health Planning and Development, the California Social Worker Student Loan Repayment Program.127934.15. (a) The office shall administer the program. Under the program an individual who has completed a bachelors degree in social work may be eligible to receive a loan repayment award. In order to be eligible to receive a loan repayment award, an applicant shall satisfy all of the following conditions:(1) In order to meet the costs associated with obtaining a bachelors degree in social work, the applicant has received a student loan.(2) The applicant has been employed for five years as a child welfare social worker.(3) The applicant continues to have repayment obligations on the loan after the conclusion of the five-year period.display:inline;">127934.25. (a) The office may seek matching funds from foundations and private sources. The office may also contract with an exempt foundation for the receipt of matching funds to be transferred to the fund for use by this program.(b) The California Social Worker Student Loan Repayment Fund is hereby established within the State Treasury. All funds received by the state for the purposes of this article shall be deposited in the fund.(c) Moneys in the fund shall, upon appropriation by the Legislature, be available for the purposes of this article.127934.30. For purposes of this article, the following definitions shall apply:(a) Office means the Office of Statewide Health Planning and Development.(b) Program means the California Social Worker Student Loan Repayment Program.(c) Fund means the California Social Worker Student Loan Repayment Fund.127934.35. Except for Section 127934.25, this article shall not become operative unless appropriate funding, as determined by the office, is made available for that purpose upon appropriation by the Legislature or other sources. The director of the office shall file a written notice with the Legislature pursuant to Section 9795 of the Government Code, when sufficient funds have been received.

Article 2.6. California Social Worker Student Loan Repayment Program

127934.10. (a) This article shall be known, and may be cited, as the California Social Worker Student Loan Repayment Program.(b) There is hereby established within the Office of Statewide Health Planning and Development, the California Social Worker Student Loan Repayment Program.

127934.10. (a) This article shall be known, and may be cited, as the California Social Worker Student Loan Repayment Program.

(b) There is hereby established within the Office of Statewide Health Planning and Development, the California Social Worker Student Loan Repayment Program.

127934.15. (a) The office shall administer the program. Under the program an individual who has completed a bachelors degree in social work may be eligible to receive a loan repayment award. In order to be eligible to receive a loan repayment award, an applicant shall satisfy all of the following conditions:(1) In order to meet the costs associated with obtaining a bachelors degree in social work, the applicant has received a student loan.(2) The applicant has been employed for five years as a child welfare social worker.(3) The applicant continues to have repayment obligations on the loan after the conclusion of the five-year period.display:inline;">127934.25. (a) The office may seek matching funds from foundations and private sources. The office may also contract with an exempt foundation for the receipt of matching funds to be transferred to the fund for use by this program.

(1) In order to meet the costs associated with obtaining a bachelors degree in social work, the applicant has received a student loan.

(2) The applicant has been employed for five years as a child welfare social worker.

(3) The applicant continues to have repayment obligations on the loan after the conclusion of the five-year period.

(b) The California Social Worker Student Loan Repayment Fund is hereby established within the State Treasury. All funds received by the state for the purposes of this article shall be deposited in the fund.

127934.30. For purposes of this article, the following definitions shall apply:(a) Office means the Office of Statewide Health Planning and Development.(b) Program means the California Social Worker Student Loan Repayment Program.(c) Fund means the California Social Worker Student Loan Repayment Fund.

127934.30. For purposes of this article, the following definitions shall apply:

(a) Office means the Office of Statewide Health Planning and Development.

(b) Program means the California Social Worker Student Loan Repayment Program.

127934.35. Except for Section 127934.25, this article shall not become operative unless appropriate funding, as determined by the office, is made available for that purpose upon appropriation by the Legislature or other sources. The director of the office shall file a written notice with the Legislature pursuant to Section 9795 of the Government Code, when sufficient funds have been received.

SEC. 2. Section 17131.11 is added to the Revenue and Taxation Code, to read:17131.11. For taxable years beginning on or after January 1, 2020, gross income shall not include a loan repayment award received pursuant to Article 2.6 (commencing with Section 127934.10) of Chapter 2 of Part 3 of Division 107 of the Health and Safety Code. This section shall become operative only if the program set forth in Article 2.6 (commencing with Section 127934.10) of Chapter 2 of Part 3 of Division 107 of the Health and Safety Code receives sufficient funding and becomes operative as set forth in Section 127934.35 of the Health and Safety Code.

SEC. 2. Section 17131.11 is added to the Revenue and Taxation Code, to read:

### SEC. 2.

17131.11. For taxable years beginning on or after January 1, 2020, gross income shall not include a loan repayment award received pursuant to Article 2.6 (commencing with Section 127934.10) of Chapter 2 of Part 3 of Division 107 of the Health and Safety Code. This section shall become operative only if the program set forth in Article 2.6 (commencing with Section 127934.10) of Chapter 2 of Part 3 of Division 107 of the Health and Safety Code receives sufficient funding and becomes operative as set forth in Section 127934.35 of the Health and Safety Code.

Each applicant for a license shall furnish evidence satisfactory to the board that the applicant complies with all of the following requirements:

(a)Is at least 21 years of age.

(b)Has received a masters degree from an accredited school of social work.

(c)Has had two years of supervised post-masters degree experience, as specified in Section 4996.23.

(d)Has not committed any crimes or acts constituting grounds for denial of licensure under Section 480. The board shall not issue a registration or license to any person who has been convicted of any crime in this or another state or in a territory of the United States that involves sexual abuse of children or who is required to register pursuant to Section 290 of the Penal Code or the equivalent in another state or territory.

(e)Has completed adequate instruction and training in the subject of alcoholism and other chemical substance dependency. This requirement applies only to applicants who matriculate on or after January 1, 1986.

(f)Has completed instruction and training in spousal or partner abuse assessment, detection, and intervention. This requirement applies to an applicant who began graduate training during the period commencing on January 1, 1995, and ending on December 31, 2003. An applicant who began graduate training on or after January 1, 2004, shall complete a minimum of 15 contact hours of coursework in spousal or partner abuse assessment, detection, and intervention strategies, including knowledge of community resources, cultural factors, and same gender abuse dynamics. Coursework required under this subdivision may be satisfactory if taken either in fulfillment of other educational requirements for licensure or in a separate course.

(g)Has completed a minimum of 10 contact hours of training or coursework in human sexuality as specified in Section 1807 of Title 16 of the California Code of Regulations. This training or coursework may be satisfactory if taken either in fulfillment of other educational requirements for licensure or in a separate course.

(h)Has completed a minimum of seven contact hours of training or coursework in child abuse assessment and reporting as specified in Section 1807.2 of Title 16 of the California Code of Regulations. This training or coursework may be satisfactory if taken either in fulfillment of other educational requirements for licensure or in a separate course.