BILL NUMBER: AB 1840 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 11, 2016
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member Gipson
FEBRUARY 9, 2016
An act to amend Section 8546.10 of the Government Code,
relating to state government. An act to amend Section
18220 of the Government Code, relating to public employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 1840, as amended, Gipson. California State Auditor.
State agencies: interns and student assistants: hiring
preference.
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.
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.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 18220 of the
Government Code is amended to read:
18220. (a) State agencies, when hiring for internships and
student assistant positions, shall give preference to a
qualified applicants applicant who
are, is, or have
has been, a dependent children
child in foster care.
care, a homeless youth, or a formerly incarcerated youth. The
preference shall be granted to applicants up to 26 years of age.
(b) Any application for an internship and student assistant
position with a state agency shall allow the applicant to identify
that the applicant is eligible for a preference under this section,
but the application shall not require the applicant to identify the
specific category that entitles him or her for eligibility.
(c) For the purpose of this section, the following definitions
shall apply:
(b) For the purpose of this section, "preference"
(1) "Preference "
means priority over similarly qualified applicants for placement in
the position.
(2) "Homeless youth" means an applicant up to 26 years of age, who
has been verified as a homeless child or youth, as defined in
subsection (2) of Section 725 of the federal McKinney-Vento Homeless
Assistance Act (42 U.S.C. Sec. 11434a(2)), by at least one of the
following:
(A) A homeless services provider, as defined in paragraph (3) of
subdivision (d) of Section 103577 of the Health and Safety Code.
(B) The director, or his or her designee, of a federal TRIO
program or a Gaining Early Awareness and Readiness for Undergraduate
Programs program.
(C) A financial aid administrator.
(3) "Formerly incarcerated youth" means an individual who has been
sentenced to incarceration in, or the custody of, the Division of
Adult Operations in the Department of Corrections and Rehabilitation,
Division of Juvenile Justice in the Department of Corrections and
Rehabilitation, or county jail and released from that incarceration
or custody before the individual attained 21 years of age.
SECTION 1. Section 8546.10 of the Government
Code is amended to read:
8546.10. (a) The California State Auditor may establish a
high-risk local government agency audit program for the purpose of
identifying, auditing, and issuing reports on any local government
agency, including, but not limited to, any city, county, special
district, or any publicly created entity, whether created by the
California Constitution or otherwise, that the California State
Auditor identifies as being at high risk for the potential of waste,
fraud, abuse, or mismanagement or that has major challenges
associated with its economy, efficiency, or effectiveness.
(b) In addition to identifying a local government agency as high
risk on the basis of weaknesses identified in audit and investigative
reports produced by the office, the California State Auditor may
consult with the Controller, Attorney General, and other state
agencies that have oversight responsibilities over any local
government agency, in identifying local governments that are at high
risk.
(c) The California State Auditor's Office shall be responsible for
the state costs associated with the high-risk local government
agency audit program, shall conduct the program as funds permit,
shall only conduct the program to the extent that it does not
interfere with duties related to mandated audits and requests from
the Joint Legislative Audit Committee, and shall obtain approval from
the Joint Legislative Audit Committee to conduct any work at a local
government agency.
(d) (1) The California State Auditor shall notify the Joint
Legislative Audit Committee whenever he or she identifies a local
government as at high risk.
(2) The California State Auditor shall provide the Joint
Legislative Audit Committee, at a public hearing of the committee, an
annual update of all audits in progress.
(3) If a local government agency has taken significant corrective
measures for deficiencies identified by the California State Auditor,
that agency shall be removed from the high-risk local government
agency audit program.
(e) Notwithstanding the requirements of Section 10231.5, if the
California State Auditor establishes the program provided for in this
section and the California State Auditor determines that a local
agency is at high risk, the California State Auditor shall issue
audit reports at least once every two years with recommendations for
improvement in such a local government so identified.
(f) Audits, onsite assessments, and any other work at a local
government agency conducted pursuant to this section shall be
approved by the Joint Legislative Audit Committee.