BILL NUMBER: AB 1626 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 9, 2016
AMENDED IN SENATE AUGUST 4, 2016
AMENDED IN ASSEMBLY APRIL 14, 2016
INTRODUCED BY Committee on Budget (Assembly Members Ting (Chair),
Bloom, Bonta, Campos, Chiu, Cooper, Gordon, Holden, Irwin, McCarty,
Mullin, Nazarian, O'Donnell, Rodriguez, Thurmond, and Williams)
JANUARY 7, 2016
An act to amend Sections 905.2 and 8590.6 of
905.2, 8590.6, and 15820.946 of, and to add Section 15820.947
to, the Government Code, relating to state government, and
making an appropriation therefor, to take effect immediately, bill
related to the budget.
LEGISLATIVE COUNSEL'S DIGEST
AB 1626, as amended, Committee on Budget. State
government: claims: human trafficking. government.
Existing law with respect to claims against public entities
authorizes the "board," as defined, to assess a surcharge to the
state entity against which an approved claim was filed in an amount
not to exceed 15% of the claim. Existing law requires the surcharge
to be deposited into the General Fund and provides that it may be
appropriated in support of the board in the annual Budget Act.
This bill would specify that the Department of General Services
may assess this surcharge, would require the surcharge to be
deposited into the Service Revolving Fund, and would specify that the
surcharge may be appropriated to the department in the annual Budget
Act.
Existing law defines a human trafficking caseworker to mean a
human trafficking caseworker as defined by the Evidence Code.
This bill would expand that definition to include a human
trafficking caseworker who is employed by a homeless services
provider that serves homeless children or youth and has completed a
minimum of 8 hours of training focused on victims of human
trafficking from the Runaway and Homeless Youth Training and
Technical Assistance Center.
Existing law authorizes the State Public Works Board to issue up
to $270,000,000 in revenue bonds, notes, or bond anticipation notes
to finance the acquisition, design, and construction of approved
adult local criminal justice facilities, and authorizes $20,000,000
to be awarded to Napa County.
This bill would require that $20,000,000 of the amount issued by
the board in revenue bonds, notes, or bond anticipation notes be
awarded to Napa County without the submission by it of any further
adult local criminal justice facility proposal. The bill would also
authorize those funds to be utilized in conjunction with a partial
award made to Napa County pursuant to other specified provisions.
This bill would appropriate $3,000,000 from the Gambling Control
Fund to the Department of Justice for the purposes of addressing the
backlog in investigations related to cardroom licensing.
This bill would declare that it is to take effect immediately as a
bill providing for appropriations related to the Budget Bill.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 905.2 of the Government Code is amended to
read:
905.2. (a) This section shall apply to claims against the state
filed with the Department of General Services except as provided in
subparagraph (B) of paragraph (2) of subdivision (b).
(b) There shall be presented in accordance with this chapter and
Chapter 2 (commencing with Section 910) all claims for money or
damages against the state:
(1) For which no appropriation has been made or for which no fund
is available but the settlement of which has been provided for by
statute or constitutional provision.
(2) (A) For which the appropriation made or fund designated is
exhausted.
(B) Claims for reissuance of stale, dated, or replacement warrants
shall be filed with the state entity that originally issued the
warrant and, if allowed, shall be paid from the issuing entity's
current appropriation.
(3) For money or damages on express contract, or for an injury for
which the state is liable.
(4) For which settlement is not otherwise provided for by statute
or constitutional provision.
(c) Claimants shall pay a filing fee of twenty-five dollars ($25)
for filing a claim described in subdivision (b), except for claims
for reissuance of stale, dated, or replacement warrants as described
in subparagraph (B) of paragraph (2) of subdivision (b). This fee
shall be deposited into the Service Revolving Fund and shall only be
available for the support of the Department of General Services upon
appropriation by the Legislature.
(1) The fee shall not apply to the following persons:
(A) Persons who are receiving benefits pursuant to the
Supplemental Security Income (SSI) and State Supplementary Payment
(SSP) programs (Article 5 (commencing with Section 12200) of Chapter
3 of Part 3 of Division 9 of the Welfare and Institutions Code), the
California Work Opportunity and Responsibility to Kids Act (CalWORKs)
program (Chapter 2 (commencing with Section 11200) of Part 3 of
Division 9 of the Welfare and Institutions Code), the federal
Supplemental Nutrition Assistance Program (SNAP; 7 U.S.C. Sec. 2011
et seq.), or Section 17000 of the Welfare and Institutions Code.
(B) Persons whose monthly income is 125 percent or less of the
current monthly poverty line annually established by the Secretary of
California Health and Human Services pursuant to the federal Omnibus
Budget Reconciliation Act of 1981 (Public Law 97-35), as amended.
(C) Persons who are sentenced to imprisonment in a state prison or
confined in a county jail, or who are residents in a state
institution and, within 90 days prior to the date the claim is filed,
have a balance of one hundred dollars ($100) or less credited to the
inmate's or resident's trust account. A certified copy of the
statement of the account shall be submitted.
(2) Any claimant who requests a fee waiver shall attach to the
application a signed affidavit requesting the waiver and verification
of benefits or income and any other required financial information
in support of the request for the waiver.
(3) Notwithstanding any other law, an applicant shall not be
entitled to a hearing regarding the denial of a request for a fee
waiver.
(d) The time for the Department of General Services to determine
the sufficiency, timeliness, or any other aspect of the claim shall
begin when any of the following occur:
(1) The claim is submitted with the filing fee.
(2) The fee waiver is granted.
(3) The filing fee is paid to the department upon the department's
denial of the fee waiver request, so long as payment is received
within 10 calendar days of the mailing of the notice of the denial.
(e) Upon approval of the claim by the Department of General
Services, the fee shall be reimbursed to the claimant, except that no
fee shall be reimbursed if the approved claim was for the payment of
an expired warrant. Reimbursement of the filing fee shall be paid by
the state entity against which the approved claim was filed. If the
claimant was granted a fee waiver pursuant to this section, the
amount of the fee shall be paid by the state entity to the
department. The reimbursement to the claimant or the payment to the
department shall be made at the time the claim is paid by the state
entity, or shall be added to the amount appropriated for the claim in
an equity claims bill.
(f) The Department of General Services may assess a surcharge to
the state entity against which the approved claim was filed in an
amount not to exceed 15 percent of the total approved claim. The
department shall not include the refunded filing fee in the surcharge
calculation. This surcharge shall be deposited into the Service
Revolving Fund and may be appropriated in support of the department
in the annual Budget Act.
(1) The surcharge shall not apply to approved claims to reissue
expired warrants.
(2) Upon the request of the department in a form prescribed by the
Controller, the Controller shall transfer the fees from the state
entity's appropriation to the appropriation for the support of the
department. However, the department shall not request an amount that
shall be submitted for legislative approval pursuant to Section
14659.10.
(g) The filing fee required by subdivision (c) shall apply to all
claims filed after June 30, 2004, or the effective date of this
statute. The surcharge authorized by subdivision (f) may be
calculated and included in claims paid after June 30, 2004, or the
effective date of the statute adding this subdivision.
(h) This section shall not apply to claims made for a violation of
the California Whistleblower Protection Act (Article 3 (commencing
with Section 8547) of Chapter 6.5 of Division 1 of Title 2).
SEC. 2. Section 8590.6 of the Government Code is amended to read:
8590.6. For the purposes of this article:
(a) "Comprehensive services" means primary services that include
all of the following:
(1) Shelter or established referral services for shelter on a 24
hours a day, seven days a week, basis.
(2) A 24 hours a day, seven days a week, telephone hotline for
crisis calls.
(3) Temporary housing and food facilities.
(4) Psychological support and peer counseling provided in
accordance with Section 1038.2 of the Evidence Code.
(5) Referrals to existing services in the community.
(6) Emergency transportation, as feasible.
(b) "Director" means the Director of the Office of Emergency
Services.
(c) "Fund" means the Human Trafficking Victims Assistance Fund.
(d) "Human trafficking caseworker" means a human trafficking
caseworker as defined in Section 1038.2 of the Evidence Code, or a
human trafficking caseworker who is employed by a homeless services
provider that serves homeless children or youth and has completed a
minimum of eight hours of training focused on victims of human
trafficking from the Runaway and Homeless Youth Training and
Technical Assistance Center.
(e) "Office" means the Office of Emergency Services.
(f) "Qualified nonprofit organization" means a nongovernmental,
nonprofit organization that does both of the following:
(1) Employs a minimum of one individual who is a human trafficking
caseworker.
(2) Provides services to victims of human trafficking, including,
but not limited to, housing assistance, counseling services, and
social services to victims of human trafficking.
(g) "Victim of human trafficking" means any person who is a
trafficking victim as described in Section 236.1 of the Penal Code
and satisfies either of the following conditions:
(1) Was trafficked in the state.
(2) Fled his or her trafficker to the state.
SEC. 3. Section 15820.946 of the
Government Code is amended to read:
15820.946. (a) The participating county contribution for adult
local criminal justice facilities financed under this chapter shall
be a minimum of 10 percent of the total project costs. The BSCC may
reduce contribution requirements for participating counties with a
general population below 200,000 upon petition by a participating
county to the BSCC requesting a lower level of contribution.
(b) The BSCC shall determine the funding and scoring criteria
consistent with the requirements of this chapter. Financing shall be
awarded only to those counties that have previously received only a
partial award or have never received an award from the state within
the financing programs authorized in Chapters 3.11 (commencing with
Section 15820.90) to 3.131 (commencing with Section 15820.93),
inclusive. Notwithstanding this restriction, twenty million
dollars ($20,000,000) of the amount authorized in Section 15820.942
shall be set aside and awarded to Napa County. The funding
criteria shall include, as a mandatory criterion, documentation of
the percentage of pretrial inmates in the county jail from January 1,
2015, to December 31, 2015, inclusive, and a description of the
county's current risk assessment based pretrial release program.
Funding preference shall also be given to counties that are most
prepared to proceed successfully with this financing in a timely
manner. The determination of preparedness to proceed shall include
the following:
(1) Counties providing a board of supervisors' resolution
authorizing an adequate amount of available matching funds to satisfy
the counties' contribution and approving the forms of the project
documents deemed necessary, as identified by the board to the BSCC,
to effectuate the financing authorized by this chapter, and
authorizing the appropriate signatory or signatories to execute those
documents at the appropriate times. The identified matching funds in
the resolution shall be compatible with the state's lease-revenue
bond financing.
(2) Counties providing documentation evidencing CEQA compliance
has been completed. Documentation of CEQA compliance shall be either
a final Notice of Determination or a final Notice of Exemption, as
appropriate, and a letter from county counsel certifying the
associated statute of limitations has expired and either no
challenges were filed or identifying any challenges filed and
explaining how they have been resolved in a manner that allows the
project to proceed as proposed.
(c) Funding consideration shall be given to counties that are
seeking to replace compacted, outdated, or unsafe housing capacity
that will also add treatment space or counties that are seeking to
renovate existing or build new facilities that provide adequate space
for the provision of treatment and rehabilitation services,
including mental health treatment.
(d) A participating county may replace existing housing capacity,
realizing only a minimal increase of capacity, using this financing
authority if the requesting county clearly documents an existing
housing capacity deficiency.
(e) A participating county with a request resulting in any
increase in capacity using this financing authority shall be required
to certify and covenant in writing that the county is not, and will
not be, leasing housing capacity to any other public or private
entity for a period of 10 years beyond the completion date of the
adult local criminal justice facility.
(f) Any locked facility constructed or renovated with state
funding awarded under this program shall include space to provide
onsite, in-person visitation capable of meeting or surpassing the
minimum number of weekly visits required by state regulations for
persons detained in the facility.
(g) Any county applying for financing authority under this program
shall include a description of efforts to address sexual abuse in
its adult local criminal justice facility constructed or renovated
pursuant to this chapter.
SEC. 4. Section 15820.947 is added to the
Government Code , to read:
15820.947. Notwithstanding the award restriction in subdivision
(b) of Section 15820.946, twenty million dollars ($20,000,000) of the
amount authorized in Section 15820.942 shall be set aside and
awarded to Napa County without the submission by it of any further
adult local criminal justice facility proposal. This amount may be
utilized in conjunction with a partial award made to Napa County
pursuant to Chapter 3.131 (commencing with Section 15820.93). These
awards represent the maximum state contribution for the adult local
criminal justice facility in Napa County.
SEC. 3. SEC. 5. The sum of three
million dollars ($3,000,000) is hereby appropriated from the Gambling
Control Fund to the Department of Justice for the purposes of
Schedule (2) of Item 0820-001-0567 of Section 2.00 of the Budget Act
of 2016 in order to address the backlog in investigations related to
cardroom licensing.
SEC. 4. SEC. 6. This act is a bill
providing for appropriations related to the Budget Bill within the
meaning of subdivision (e) of Section 12 of Article IV of the
California Constitution, has been identified as related to the budget
in the Budget Bill, and shall take effect immediately.