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. SB 761 Page 2 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 SB 761 Page 3 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