BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 761
                                                                  Page  1

          Date of Hearing:   August 6, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                   SB 761 (DeSaulnier) - As Amended:  July 2, 2014

          Policy Committee:                              Revenue &  
          Taxation     Vote:                            9-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill transfers responsibility for administering the School  
          Supplies for Homeless Children Fund (the Fund), a voluntary  
          contribution fund on the personal income tax return, from the  
          Department of Education to the Department of Social Services  
          (DSS), and makes the following changes to the requirements and  
          administration of the Fund and program:

          1)Requires DSS to designate a nonprofit organization to receive  
            distributions from the Fund for providing school supplies and  
            health-related products to partnering local education agencies  
            for distribution to homeless children, including children  
            living in domestic violence shelters; and provides such  
            designation shall be valid until January 1, 2017, and for  
            three-year designations thereafter.

          2)Requires the Controller to transfer funds appropriated to the  
            Department of Education for FY 2014-15 to DSS for distribution  
            to the designated nonprofit organization.

          3)Requires the designated nonprofit organization to provide a  
            minimum 100% match, either in cash or in kind, for all Fund  
            distributions, and prohibits the nonprofit organization from  
            using Fund distributions for administrative purposes or to  
            reimburse local agencies for administrative costs.

          4)Requires DSS to conduct verification procedures prior to and  
            following the distribution of funds to ensure the designated  
            nonprofit organization has used the distributions in  
            compliance with statutory requirements.









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           FISCAL EFFECT  

          Minor and absorbable administrative costs to the Franchise Tax  
          Board, State Controller, and DSS, reimbursable from Fund  
          proceeds; insignificant impact to income tax revenue.

           COMMENTS  

          1)  Purpose.   According to the author, this bill relocates the  
            Fund to DSS in order to avoid the costly budget process at the  
            Department of Education, ensuring more timely and efficient  
            distribution of proceeds.  The author asserts the current  
            two-year budget process for the Department of Education will  
            result in approximately $150,000 of administrative costs in  
            the first year, tens of thousands annually thereafter, and  
            unnecessary delays in providing material assistance to  
            homeless children.

          2)  The School Supplies for Homeless Children Fund.   The Fund was  
            originally authorized in 2012 by SB 1571 (DeSaulnier) to help  
            provide essential school supplies to homeless children.  In  
            2013, the Fund received $367,868 in valid contributions, and  
            thus far in 2014, the Fund has received $276,891 in  
            contributions.  Fund proceeds are currently allocated to the  
            Department of Education for providing school supplies and  
            health-related products to homeless children through a  
            competitive grant program developed by the Superintendent of  
            Public Instruction.  This process requires the Department to  
            follow a two-year budget process, resulting in substantial  
            administrative cost and delaying the provision of benefits.   
            Amending and transferring the program to DSS will allow it to  
            avoid many of those administrative costs and delays.

          3)  K to College.   The sponsor of this bill, K to College, is a  
            nonprofit organization that operates the largest charitable  
            school and dental supply program in California.  According to  
            the sponsor, it donated $14,500,000 of materials to more than  
            230,000 low-income children throughout California between 2010  
            and 2013.

            K to College raises funds from government agencies,  
            corporations, foundations, and individuals.  It then purchases  
            bulk materials directly from factories in an effort to save on  
            costs.  Pursuant to previous legislation sponsored by the  
            organization, inmates of the California prison system are  








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            engaged, as part of their rehabilitation, to assemble  
            purchased supplies into kits.  K to College partners directly  
            with school districts to ensure that materials reach students  
            in need, requiring each district to verify its distribution  
            process in writing.

          4)  Related Legislation.   AB 2591 (Weber) creates the Homeless  
            Youth Basic Material Needs Assistance Program to be overseen  
            by DSS, which distributes funds appropriated by the  
            Legislature to participating counties that establish homeless  
            youth material needs assistance programs.  AB 2591 is pending  
            before the Senate Committee on Appropriations.


           Analysis Prepared by  :    Joel Tashjian / APPR. / (916) 319-2081