BILL ANALYSIS SB 314 Page 1 SENATE THIRD READING SB 314 (Ron Calderon) As Amended June 1, 2009 2/3 vote SENATE VOTE :38-0 PUBLIC SAFETY 7-0 APPROPRIATIONS 15-0 ----------------------------------------------------------------- |Ayes:|Arambula, Hagman, |Ayes:|De Leon, Nielsen, | | |Ammiano, Furutani, | |Ammiano, | | |Gilmore, Hill, Ma | |Charles Calderon, Coto, | | | | |Davis, Duvall, Fuentes, | | | | |Hall, Harkey, Miller, | | | | |John A. Perez, Skinner, | | | | |Audra Strickland, | | | | |Torlakson | | | | | | ----------------------------------------------------------------- SUMMARY : Directs the State Controller to deduct unpaid restitution fines from a person's income tax refund; and authorizes the Victims Compensation and Government Claims Board (VCGCB) to authorize reimbursement of more than $2,000 for a victim's relocation expenses, where the additional money is appropriate due to the unusual, dire, or exceptional circumstances of a particular claim. EXISTING LAW : 1)Requests the State Controller to offset delinquent accounts against personal income tax refunds which have been certified by the Franchise Tax Board, in the following priority: a) The non-payment of child or family support accounts enforced by a local child support agency; b) The non-payment of child or family support accounts enforced by a person other than a local child support agency; c) The non-payment of spousal support accounts enforced by a local child support agency; SB 314 Page 2 d) The non-payment of spousal support accounts enforced by a person other than a local child support agency; e) The benefit overpayment accounts administered by the Employment Development Department if no signed reimbursement agreement exists, or if two consecutive payments on a reimbursement agreement are delinquent at any time; and, f) The other offset accounts in the priority determined by the State Controller. 2)Authorizes a cash payment or reimbursement not to exceed $2,000 to a victim for expenses incurred in relocating, if the expenses are determined by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim. 3)Directs cash payments or reimbursements to only be awarded to one claimant per crime giving rise to the relocation. VCGCB may authorize more than one relocation per crime if necessary for the personal safety or emotional well-being of the claimant. However, the total cash payment or reimbursement for all relocations due to the same crime shall not exceed $2,000. For purposes of this paragraph a claimant is the crime victim, or, if the victim is deceased, a person who resided with the deceased at the time of the crime. 4)Allows VCGCB, under compelling circumstances, to award a second cash payment or reimbursement to a victim for another crime if both of the following conditions are met: a) The crime occurs more than three years from the date of the crime giving rise to the initial relocation cash payment or reimbursement; and, b) The crime does not involve the same offender. FISCAL EFFECT : According to the Assembly Appropriations Committee analysis: 1)Minor increase, likely less than $150,000, in restitution funding as a result of income tax offsets. SB 314 Page 3 2)Negligible costs to the Controller to process additional income tax offsets. 3)Minor increase in relocation payments, likely less than $150,000, from the Restitution Fund. COMMENTS : According to the author, "Because victims of violent crimes are often left with physical, emotional, and financial scars, it is essential that the Victim Compensation Program (VCP) be in a position to assist victims. By assigning debts to the VCP a higher priority within the tax collecting schedule, SB 314 makes sure that the Franchise Tax Board (FTB) collects these debts in a more timely manner. "The Victims' Restitution Fund receives most of its revenue from fines and penalties collected from criminal offenders. Continuous raiding by the Governor and/or Legislature has left the Victims Restitution Fund (housed under the VCGCB) threatened with insolvency. Under current law, State agencies may order that the FTB divert tax return money to agencies that are owed outstanding debt. Different types of debt are assigned different priority levels in order to determine their order of payment. "SB 314 puts payments to the Restitution Fund from the FTB at a higher priority than payments to other entities. The purpose of this is to restore funds as soon as possible back into the Victims Restitution Fund. Secondly, SB 314 gives VCGCB the authority to award more money than what is currently allowed for victims needing assistance with relocation assistance. The ability to award additional funds shall be done at the Board's discretion where the Board deems it to be appropriate due to extenuating circumstances." Please see the policy committee for a full discussion of this bill. Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916) 319-3744 FN: 0001887