Amended in Assembly April 11, 2016

Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1840


Introduced by Assembly Member Gipson

February 9, 2016


begin deleteAn act to amend Section 8546.10 of the Government Code, relating to state government. end deletebegin insertAn act to amend Section 18220 of the Government Code, relating to public employment.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1840, as amended, Gipson. begin deleteCalifornia State Auditor. end deletebegin insertState agencies: interns and student assistants: hiring preference.end insert

begin insert

Existing law requires state agencies, when hiring for internships and student assistant positions, to give preference, as defined, to persons who are, or have been, dependent children in foster care. Existing law requires the preference to be granted to applicants up to 26 years of age.

end insert
begin insert

This bill would require state agencies, when hiring for internships and student assistant positions, also to give preference to homeless youth and formerly incarcerated youth, as defined. This bill would also require any application for an internship and student assistant position with a state agency to allow the applicant to identify that the applicant is eligible for these preferences, but would prohibit the application from requiring the applicant to identify the specific category that entitles him or her for eligibility.

end insert
begin delete

Existing law establishes the California State Auditor’s Office, headed by the appointed California State Auditor and under the direction of the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy, with specified duties that include, among others, conducting financial and performance audits as directed by statute. Existing law also establishes the State Audit Fund as a continuously appropriated fund for the expenses of the office. Existing law authorizes the auditor to establish a high-risk local government agency audit program for the purpose of identifying, auditing, and issuing reports on any local government agency he or she identifies as at high risk for, among others, fraud and abuse. Existing law requires the office to be responsible for the state costs associated with the program and further requires an audit conducted pursuant to the program to be approved by the Joint Legislative Audit Committee.

end delete
begin delete

This bill would further require the auditor to obtain approval from the Joint Legislative Audit Committee to conduct onsite assessments or any work at a local government agency.

end delete

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

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 18220 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert

3

18220.  

(a) State agencies, when hiring for internships and
4student assistant positions, shall give preference tobegin insert aend insert qualified
5begin delete applicantsend deletebegin insert applicantend insert whobegin delete are,end deletebegin insert is,end insert orbegin delete haveend deletebegin insert hasend insert been,begin insert aend insert dependent
6begin delete childrenend deletebegin insert childend insert in fosterbegin delete care.end deletebegin insert care, a homeless youth, or a formerly
7incarcerated youth.end insert
The preference shall be granted to applicants
8up to 26 years of age.

begin insert

9
(b) Any application for an internship and student assistant
10position with a state agency shall allow the applicant to identify
11that the applicant is eligible for a preference under this section,
12but the application shall not require the applicant to identify the
13specific category that entitles him or her for eligibility.

end insert
begin insert

14
(c) For the purpose of this section, the following definitions
15shall apply:

end insert
begin delete

16(b) For the purpose of this section, “preference”

end delete

17begin insert(1)end insertbegin insertend insertbegin insert“Preferenceend insertbegin insertend insert means priority over similarly qualified
18applicants for placement in the position.

begin insert

19
(2) “Homeless youth” means an applicant up to 26 years of
20age, who has been verified as a homeless child or youth, as defined
P3    1in subsection (2) of Section 725 of the federal McKinney-Vento
2Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by at least
3one of the following:

end insert
begin insert

4
(A) A homeless services provider, as defined in paragraph (3)
5of subdivision (d) of Section 103577 of the Health and Safety Code.

end insert
begin insert

6
(B) The director, or his or her designee, of a federal TRIO
7program or a Gaining Early Awareness and Readiness for
8Undergraduate Programs program.

end insert
begin insert

9
(C) A financial aid administrator.

end insert
begin insert

10
(3) “Formerly incarcerated youth” means an individual who
11has been sentenced to incarceration in, or the custody of, the
12Division of Adult Operations in the Department of Corrections
13and Rehabilitation, Division of Juvenile Justice in the Department
14of Corrections and Rehabilitation, or county jail and released
15from that incarceration or custody before the individual attained
1621 years of age.

end insert
begin delete
17

SECTION 1.  

Section 8546.10 of the Government Code is
18amended to read:

19

8546.10.  

(a) The California State Auditor may establish a
20high-risk local government agency audit program for the purpose
21of identifying, auditing, and issuing reports on any local
22government agency, including, but not limited to, any city, county,
23special district, or any publicly created entity, whether created by
24the California Constitution or otherwise, that the California State
25Auditor identifies as being at high risk for the potential of waste,
26fraud, abuse, or mismanagement or that has major challenges
27associated with its economy, efficiency, or effectiveness.

28(b) In addition to identifying a local government agency as high
29risk on the basis of weaknesses identified in audit and investigative
30reports produced by the office, the California State Auditor may
31 consult with the Controller, Attorney General, and other state
32agencies that have oversight responsibilities over any local
33government agency, in identifying local governments that are at
34high risk.

35(c) The California State Auditor’s Office shall be responsible
36for the state costs associated with the high-risk local government
37agency audit program, shall conduct the program as funds permit,
38shall only conduct the program to the extent that it does not
39interfere with duties related to mandated audits and requests from
40the Joint Legislative Audit Committee, and shall obtain approval
P4    1from the Joint Legislative Audit Committee to conduct any work
2at a local government agency.

3(d) (1) The California State Auditor shall notify the Joint
4Legislative Audit Committee whenever he or she identifies a local
5government as at high risk.

6(2) The California State Auditor shall provide the Joint
7Legislative Audit Committee, at a public hearing of the committee,
8an annual update of all audits in progress.

9(3) If a local government agency has taken significant corrective
10measures for deficiencies identified by the California State Auditor,
11that agency shall be removed from the high-risk local government
12agency audit program.

13(e) Notwithstanding the requirements of Section 10231.5, if the
14California State Auditor establishes the program provided for in
15this section and the California State Auditor determines that a local
16agency is at high risk, the California State Auditor shall issue audit
17reports at least once every two years with recommendations for
18improvement in such a local government so identified.

19(f) Audits, onsite assessments, and any other work at a local
20government agency conducted pursuant to this section shall be
21approved by the Joint Legislative Audit Committee.

end delete


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