BILL NUMBER: SB 1102	CHAPTERED  10/05/05

	CHAPTER  561
	FILED WITH SECRETARY OF STATE  OCTOBER 5, 2005
	APPROVED BY GOVERNOR  OCTOBER 5, 2005
	PASSED THE SENATE  SEPTEMBER 8, 2005
	PASSED THE ASSEMBLY  SEPTEMBER 7, 2005
	AMENDED IN ASSEMBLY  SEPTEMBER 2, 2005
	AMENDED IN ASSEMBLY  AUGUST 23, 2005
	AMENDED IN ASSEMBLY  JULY 1, 2005
	AMENDED IN SENATE  APRIL 26, 2005
	AMENDED IN SENATE  APRIL 13, 2005

INTRODUCED BY   Senator Hollingsworth
   (Principal coauthor: Assembly Member La Suer)

                        FEBRUARY 22, 2005

   An act to amend Section 8690.6 of the Government Code, relating to
emergencies, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1102, Hollingsworth  Disaster response.
   Existing law establishes the Disaster Response-Emergency
Operations Account in the Special Fund for Economic Uncertainties.
Moneys in the account are continuously appropriated subject to
specified limitations for allocation by the Director of Finance to
state agencies for disaster response operation costs incurred by
state agencies as a result of a proclamation by the Governor of a
state of emergency. Existing law repeals these provisions on January
1, 2006.
   This bill would extend the repeal of these provisions to July 1,
2007. By extending the term of the continuously appropriated account,
the bill would make an appropriation.
   Appropriation: yes.


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


  SECTION 1.  Section 8690.6 of the Government Code is amended to
read:
   8690.6.  (a) The Disaster Response-Emergency Operations Account is
hereby established in the Special Fund for Economic Uncertainties.
Notwithstanding Section 13340, moneys in the account are continuously
appropriated, subject to the limitations specified in subdivisions
(c) and (d), without regard to fiscal years, for allocation by the
Director of Finance to state agencies for disaster response operation
costs incurred by state agencies as a result of a proclamation by
the Governor of a state of emergency, as defined in subdivision (b)
of Section 8558. These allocations may be for activities that occur
within 120 days after a proclamation of emergency by the Governor.
   (b) It is the intent of the Legislature that the Disaster
Response-Emergency Operations Account have an unencumbered balance of
one million dollars ($1,000,000) at the beginning of each fiscal
year. If this account requires additional moneys to meet claims
against the account, the Director of Finance may transfer moneys from
the Special Fund for Economic Uncertainties to the account in an
amount sufficient to pay the amount of the claims that exceed the
unencumbered balance in the account.
   (c) Funds shall be allocated from the account subject to the
conditions of this section and upon notification by the Director of
Finance to the chairperson of the Joint Legislative Budget Committee
and the chairpersons of the fiscal committees in each house.
   (d) Notwithstanding any other provision of law, authorizations for
acquisitions, relocations, and environmental mitigations related to
activities, as described in subdivision (a), shall be authorized
pursuant to this section.  However, these funds may only be
authorized for needs that are a direct consequence of the proclaimed
emergency where failure to undertake the project may interrupt
essential state services or jeopardize public health or safety. In
addition, any acquisition accomplished under this subdivision shall
comply with any otherwise applicable law, except as provided in the
first sentence of this subdivision.
   (e) No funds allocated under this section shall be used to
supplant federal funds otherwise available in the absence of state
financial relief.
   (f) The amount of financial assistance provided to an individual,
business, or governmental entity under this section, or pursuant to
any other program of state-funded disaster assistance, shall be
deducted from sums received in payment of damage claims asserted
against the state, its agents, or employees, for causing or
contributing to the effects of the proclaimed disaster.
   (g) No public entity administering disaster assistance to
individuals shall receive funds under this section unless it
administers that assistance pursuant to the following criteria:
   (1) All applications, forms, and other written materials presented
to persons seeking assistance shall be available in English and in
the same language as that used by the major non-English-speaking
group within the disaster area.
   (2) Bilingual staff who reflect the demographics of the disaster
area shall be available to applicants.
   (h) This section shall remain in effect only until July 1, 2007,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2007, deletes or extends that date.