BILL NUMBER: SB 553	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 4, 2010
	AMENDED IN SENATE  APRIL 22, 2009

INTRODUCED BY   Senator Wiggins

                        FEBRUARY 27, 2009

    An act to amend Sections 927.1, 927.2, 927.6, 927.7, and
927.11 of the Government Code, relating to claims against state
agencies.   An act to amend Section 1010 of the Military
and Veterans Code, relating to veterans. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 553, as amended, Wiggins.  Payment of state claims:
grants: nonprofit public benefit corporations.  
Veterans' Home of California.  
   Existing law provides for the establishment and operation of the
Veterans' Home of California at various sites, and that there shall
be an administrator for each home or homesite. Existing law defines
"home" to mean the Veterans' Home of California, Yountville, and the
Veterans' Home of California, Barstow. Existing law also defines
"administrator" to mean the Administrator of the Veterans' Home of
California, Yountville, and the Administrator of the Veterans' Home
of California, Barstow. These definitions do not reference the
Veterans' Home of California located in Chula Vista.  
   This bill would revise these definitions to include reference to
the Veterans' Home of California located in Chula Vista. 

   The California Prompt Payment Act generally governs the payment of
invoices by state agencies. The act requires a state agency that
acquires property pursuant to a contract with a business, or that
awards a grant, as defined, to make payment to the person or business
on the date required by the contract or grant, and within a
specified period from the receipt of an undisputed invoice, or be
subject to a late payment penalty. Existing law defines a grant for
the purposes of these provisions as a signed final agreement between
any state agency and a local government agency or organization
authorized to accept grant funding for victim services or prevention
programs administered by any state agency.  
   This bill would extend the above provisions regarding late payment
penalties to contracts with, or grants to, a nonprofit public
benefit corporation. The bill would apply the above requirement
regarding the timely payment of grants to any signed final agreement
between any state agency and a local government agency or
organization authorized to accept grant funding administered by any
state agency.  
   Existing law provides that a nonprofit organization shall only be
eligible to receive a penalty payment if it has been awarded a
contract or grant in an amount less than $500,000.  

   This bill would delete that limitation on the eligibility of a
nonprofit organization to receive a penalty payment. 

   The act provides that, in the event a state agency fails to make
timely payment because no Budget Act has been enacted, penalties
shall continue to accrue until the time that the invoice is paid.
Existing law provides that a nonprofit public benefit corporation is
not eligible for a late payment penalty in those circumstances.
 
   This bill would delete the above eligibility provision regarding
nonprofit public benefit corporations, thereby making those
corporations eligible for late payment penalties under the act.

   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


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

   SECTION 1.    Section 1010 of the   Military
and Veterans Code   is amended to read: 
   1010.  As used in this chapter:
   (a)  "Home" means the Veterans' Home of California, Yountville,
 and  the Veterans' Home of California, Barstow 
, and the Veteran's Home of California, Chula Vista  .
   (b)  "Administrator" means the Administrator of the Veterans' Home
of California, Yountville,  and  the Administrator
of  each site of the southern California Veterans' Home,
including, but not limited to,  the Veterans' Home of
California, Barstow  , and the Administrator of the Veterans'
Home of California, Chula Vista  .
   (c)  "Department" means the Department of Veterans Affairs.
   (d)  "Director" means the Director of Veterans Affairs.
   (e)  "Veteran" means a member of the home. All matter omitted in
this version of the bill appears in the bill as amended in the
Senate, April 22, 2009. (JR11)