BILL ANALYSIS                                                                                                                                                                                                    �



                                                                            



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                                    THIRD READING


          Bill No:  SB 347
          Author:   Beall (D), et al.
          Amended:  5/7/13
          Vote:     21

           
          SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 4/2/13
          AYES:  Hancock, Anderson, Block, De Le�n, Knight, Liu, Steinberg

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 5/23/13
          AYES:  De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg


           SUBJECT  :    Youth shelters:  funding

           SOURCE  :     Santa Clara County 


           DIGEST  :    This bill allows a county to avoid repayment  
          provisions established under the Youth Center and Youth Shelter  
          Bond Act of 1988 (Act) for funds initially allocated for  
          shelters for abused and neglected children but was expended for  
          shelters for runaway or homeless youth, as specified.

           ANALYSIS  :    

          Existing law:

          1. Establishes the Act, and funding for the Act derived from the  
             County Correctional Facility Capital Expenditure and Youth  
             Facility Bond Fund Act of 1988, created pursuant to  

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             Proposition 86, passed by the voters in November of 1988. 

          2. Authorizes awards of funds appropriated under the Act to  
             public or private nonprofit agencies or joint ventures, or  
             both, for the purpose of acquiring, renovating, constructing,  
             and purchasing equipment for youth centers or youth shelters.  
              

          3. Requires that with respect to the allocation of bond  
             proceeds, funding for youth shelters will be awarded with at  
             least 70% to shelters for runaway youth and a maximum of 30%  
             to shelters for abused and neglected children, as specified.   


          4. Provides that any money that has been awarded to shelters for  
             abused or neglected children under this Act, and not  
             encumbered by July 1, 1992, will be reallocated according to  
             a supplemental process to be developed by the state when the  
             unspent funds equals $500,000 or more, as specified.

          5. Provides that the state is entitled to "recapture a portion  
             of state funds from the recipient of a contract if, within 10  
             years after acquisition, 20 years after completion of  
             construction, or three to 10 years after renovation, if  
             either of the following occurs:

             A.    The recipient of a contract ceases to be a public or  
                nonprofit agency.

             B.    The facility is no longer used for youth center or  
                youth shelter activities.

          This bill:

          1. Provides counties with the following flexibilities regarding  
             funds allocated pursuant to the Act.

          2. Allows a county to avoid repayment provisions under existing  
             law where funds initially allocated for shelters for abused  
             and neglected children were expended for shelters for runaway  
             or homeless youth, as specified.

          3. Authorizes a county to use unexpended funds awarded to a  







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             shelter for abused and neglected children for the purpose of  
             acquiring, renovating, constructing, or purchasing equipment  
             for a shelter for runaway or homeless youth.  Requires the  
             revision of contracts as necessary to implement this  
             authority. 

          4. Authorizes a county to use funds received under a contract,  
             as specified, to provide grant awards to private nonprofit  
             entities for the acquisition, renovation, construction, or  
             purchase of equipment for a youth shelter.

           Background  


          In 1988 the voters passed Proposition 86, the County  
          Correctional Facility Capital Expenditure and Youth Facility  
          Bond Act of 1988.  That measure authorized the state to sell  
          $500 million in general obligation bonds to raise money for  
          county correctional facilities, county juvenile facilities,  
          youth centers and youth shelters, allocated as follows:


           $410 million for county correctional facilities.


           $65 million for county juvenile facilities.

           $25 million for youth centers or youth shelters.

          Of the $25 million for youth centers or shelters, the initiative  
          required that $15 million be available for youth centers, and  
          $10 million for youth shelters, to be distributed by Juvenile  
          Justice.  This bill allows funds (or derivative proceeds)  
          allocated or awarded for shelters for abused and neglected  
          children to be shifted without, essentially, penalty, to  
          shelters for runaway or homeless youth.

           Related Legislation
           
          AB 2737 (Waters, Chapter 1535, Statutes of 1988) created the Act  
          , establishing the authority and process for awarding the bond  
          proceeds for youth shelters and youth centers authorized under  
          Proposition 86.







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           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No


          According to the Senate Appropriations Committee:


             Near-term loss of revenue of at least $1 million (General  
             Fund) from the recent sale proceeds of property in Santa  
             Clara County subject to repayment provisions under current  
             law.  The actual repayment amount, which has yet to be  
             determined, is the proportion of the current value of the  
             property equal to the proportional share of state funds  
             contributed to the original cost of the project.

             Potential future loss of revenue of at least $1 million  
             (General Fund) for funds awarded to San Diego County should  
             the county violate its contract obligations prior to  
             September 2014.

           SUPPORT  :   (Verified  5/23/13)

          Santa Clara County (source)
          Bill Wilson Center
          California Alliance of Child and Family Services 
          California Coalition for Youth
          California Council of Community Mental Health Agencies
          California Youth Empowerment Movement
          Housing California
          Housing Trust of Santa Clara County
          Mental Health America of California


           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          Proposition 86 authorized providing funding to up to three  
          counties, for a maximum of $1 million each, for the construction  
          of large shelters to serve abused and neglected children.  Santa  
          Clara County was one of two counties to take advantage of the  
          finding and used the funds to build the Santa Clara County  
          Children's Shelter.

          California Welfare and Institutions Code Section 2010 to 2024  







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          and Penal Code Section 4496.10 to 4496.19 to provide that with  
          respect to the former Children's Shelter, County of Santa Clara  
          is not obligated or required to repay to the Board of State and  
          Community Corrections any funds used for the construction of the  
          former Children's Shelter, but rather that upon sale the County  
          could allocate the amount of its original grant ($1 million)  
          from sale proceeds to fund County grant awards to qualified  
          non-profit agencies located within the County of Santa Clara for  
          the purpose of acquiring, renovating, construction, or  
          purchasing equipment for runaway and homeless youth shelters. 


          JG:d  5/24/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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