BILL NUMBER: SB 1227	CHAPTERED  09/27/08

	CHAPTER  362
	FILED WITH SECRETARY OF STATE  SEPTEMBER 27, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 27, 2008
	PASSED THE SENATE  AUGUST 28, 2008
	PASSED THE ASSEMBLY  AUGUST 20, 2008
	AMENDED IN ASSEMBLY  AUGUST 8, 2008
	AMENDED IN SENATE  MAY 27, 2008

INTRODUCED BY   Senator Hollingsworth

                        FEBRUARY 14, 2008

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1227, Hollingsworth. Disaster assistance: emergencies.
   Existing law, the California Disaster Assistance Act, establishes,
until January 1, 2009, the Disaster Response-Emergency Operations
Account in the Special Fund for Economic Uncertainties and
continuously appropriates its revenue 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.
   This bill would extend the termination date for these provisions
until January 1, 2014, and would thereby make an appropriation by
extending the time during which funds may be continuously
appropriated from the account.
   The bill would also preclude expenditure of funds in this account
for conditions in the state's prisons, medical facilities, or youth
correctional facilities resulting solely from the action or inaction
of the Department of Corrections and Rehabilitation in administering
those facilities.
   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 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 shall be authorized
only for needs that are a direct consequence of the proclaimed
emergency if 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) Notwithstanding any other provision of law, no funds in the
Disaster Response-Emergency Operations Account shall be expended for
conditions in the state's prisons, medical facilities, or youth
correctional facilities resulting solely from the action or inaction
of the Department of Corrections and Rehabilitation in administering
those facilities.
   (i) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.