Amended in Assembly August 23, 2016

Amended in Assembly August 19, 2016

Amended in Assembly June 10, 2016

Amended in Assembly May 25, 2016

Senate Bill No. 835

Introduced by Committee on Budget and Fiscal Review

January 7, 2016

An act to amend Sections 905.2, 8590.6, and 15820.946 of, and to add Section 15820.947 to, the Government Code, begin insert and end insert to amend Section 37001.5 of, and to begin delete add end delete begin insert repeal end insert Section begin delete 43011.3 to, end delete begin insert 43011.3 of, end insert the Health and Safety Code, relating to state government, and making an appropriation therefor, to take effect immediately, bill related to the budget.

LEGISLATIVE COUNSEL’S DIGEST

SB 835, as amended, Committee on Budget and Fiscal Review. State government.

Existing law with respect to claims against public entities authorizes the “board,” as defined, to assess a surcharge to the state entity against which an approved claim was filed in an amount not to exceed 15% of the claim. Existing law requires the surcharge to be deposited into the General Fund and provides that it may be appropriated in support of the board in the annual Budget Act.

This bill would specify that the Department of General Services may assess this surcharge, would require the surcharge to be deposited into the Service Revolving Fund, and would specify that the surcharge may be appropriated to the department in the annual Budget Act.

Existing law defines a human trafficking caseworker to mean a human trafficking caseworker as defined by the Evidence Code.

This bill would expand that definition to include a human trafficking caseworker who is employed by a homeless services provider that serves homeless children or youth and has completed a minimum of 8 hours of training focused on victims of human trafficking from the Runaway and Homeless Youth Training and Technical Assistance Center.

Existing law authorizes the State Public Works Board to issue up to $270,000,000 in revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, and construction of approved adult local criminal justice facilities, setting aside $20,000,000 to be awarded to the County of Napa.

Article XXXIV of the California Constitution, among other things, prohibits any state public body from developing, constructing, or acquiring a low-rent housing project before a majority of the qualified electors vote upon and approve the project. Existing law provides that the words “develop, construct, or acquire” for the purposes of that constitutional provision shall not be interpreted to include specified activities of a state public body.

This bill would include in those specified activities the financing for a specified low-rent housing project by a state public body, as provided.

begin delete

Existing law requires the State Air Resources Board to establish criteria for the evaluation of the effectiveness of motor vehicle pollution control devices and, after establishment of those criteria, requires the state board to evaluate motor vehicle pollution control devices that have been submitted to it for testing.

end delete begin delete

Existing law requires vehicles in this state to be equipped with correctly installed, operational motor vehicle pollution control devices or systems, with specified exceptions, including an alteration, modification, or modifying device, apparatus, or mechanism found by resolution of the state board to either not reduce the effectiveness of a required motor vehicle pollution control device or to result in emissions from the modified or altered vehicle that are at levels that comply with existing state or federal standards for that model-year of the vehicle being modified or converted. Existing law authorizes aftermarket and performance parts with valid state board executive orders to be sold and installed concurrent with a motorcycle’s transfer to an ultimate purchaser.

end delete begin delete

This bill

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begin insert Senate Bill 839 of the 2015-16 Regular Session (SB 839) end insert would authorize the begin delete state board end delete begin insert State Air Resources Board end insert to enter into agreements with private entities and receive, on behalf of the state, contributions from private sources in the form of equipment or money in order to expedite the processing of applications, resolutions, and executive orders pertaining to begin delete the above end delete begin insert a specified end insert exception to the requirement that vehicles be equipped with pollution control devices or systems and the authorization to sell and install aftermarket and performance parts with a valid executive order. begin delete The bill end delete begin insert SB 839 end insert would require all moneys received to be separately accounted for, be deposited into the Air Pollution Control Fund, and available to the state board for these purposes upon appropriation of the Legislature.

begin insert

This bill would repeal that authorization for the state board to enter into those agreements and the requirement for the deposit of those moneys received, if Section 43011.3 of the Health and Safety Code is added by Section 24 of SB 839 and SB 839 becomes effective on or before January 1, 2017, and this bill is enacted after SB 839.

end insert

This bill would appropriate $3,000,000 from the Gambling Control Fund to the Department of Justice for the purposes of addressing the backlog in investigations related to card room licensing.

This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

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

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

SECTION 1.  

Section 905.2 of the Government Code is
amended to read:

905.2.  

(a) This section shall apply to claims against the state
filed with the Department of General Services except as provided
in subparagraph (B) of paragraph (2) of subdivision (b).

(b) There shall be presented in accordance with this chapter and
Chapter 2 (commencing with Section 910) all claims for money
or damages against the state:

(1) For which no appropriation has been made or for which no
fund is available but the settlement of which has been provided
for by statute or constitutional provision.

(2) (A) For which the appropriation made or fund designated
is exhausted.

(B) Claims for reissuance of stale, dated, or replacement
warrants shall be filed with the state entity that originally issued
the warrant and, if allowed, shall be paid from the issuing entity’s
current appropriation.

(3) For money or damages on express contract, or for an injury
for which the state is liable.

(4) For which settlement is not otherwise provided for by statute
or constitutional provision.

(c) Claimants shall pay a filing fee of twenty-five dollars ($25)
for filing a claim described in subdivision (b), except for claims
for reissuance of stale, dated, or replacement warrants as described
in subparagraph (B) of paragraph (2) of subdivision (b). This fee
shall be deposited into the Service Revolving Fund and shall only
be available for the support of the Department of General Services
upon appropriation by the Legislature.

(1) The fee shall not apply to the following persons:

(A) Persons who are receiving benefits pursuant to the
Supplemental Security Income (SSI) and State Supplementary
Payment (SSP) programs (Article 5 (commencing with Section
12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and
Institutions Code), the California Work Opportunity and
Responsibility to Kids Act (CalWORKs) program (Chapter 2
(commencing with Section 11200) of Part 3 of Division 9 of the
Welfare and Institutions Code), the federal Supplemental Nutrition
Assistance Program (SNAP; 7 U.S.C. Sec. 2011 et seq.), or Section
17000 of the Welfare and Institutions Code.

(B) Persons whose monthly income is 125 percent or less of the
current monthly poverty line annually established by the Secretary
of California Health and Human Services pursuant to the federal
Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35),
as amended.

(C) Persons who are sentenced to imprisonment in a state prison
or confined in a county jail, or who are residents in a state
institution and, within 90 days prior to the date the claim is filed,
have a balance of one hundred dollars ($100) or less credited to
the inmate’s or resident’s trust account. A certified copy of the
statement of the account shall be submitted.

(2) Any claimant who requests a fee waiver shall attach to the
application a signed affidavit requesting the waiver and verification
of benefits or income and any other required financial information
in support of the request for the waiver.

(3) Notwithstanding any other law, an applicant shall not be
entitled to a hearing regarding the denial of a request for a fee
waiver.

(d) The time for the Department of General Services to
determine the sufficiency, timeliness, or any other aspect of the
claim shall begin when any of the following occur:

(1) The claim is submitted with the filing fee.

(2) The fee waiver is granted.

(3) The filing fee is paid to the department upon the
department’s denial of the fee waiver request, so long as payment
is received within 10 calendar days of the mailing of the notice of
the denial.

(e) Upon approval of the claim by the Department of General
Services, the fee shall be reimbursed to the claimant, except that
no fee shall be reimbursed if the approved claim was for the
payment of an expired warrant. Reimbursement of the filing fee
shall be paid by the state entity against which the approved claim
was filed. If the claimant was granted a fee waiver pursuant to this
section, the amount of the fee shall be paid by the state entity to
the department. The reimbursement to the claimant or the payment
to the department shall be made at the time the claim is paid by
the state entity, or shall be added to the amount appropriated for
the claim in an equity claims bill.

(f) The Department of General Services may assess a surcharge
to the state entity against which the approved claim was filed in
an amount not to exceed 15 percent of the total approved claim.
The department shall not include the refunded filing fee in the
surcharge calculation. This surcharge shall be deposited into the
Service Revolving Fund and may be appropriated in support of
the department in the annual Budget Act.

(1) The surcharge shall not apply to approved claims to reissue
expired warrants.

(2) Upon the request of the department in a form prescribed by
the Controller, the Controller shall transfer the fees from the state
entity’s appropriation to the appropriation for the support of the
department. However, the department shall not request an amount
that shall be submitted for legislative approval pursuant to Section
14659.10.

(g) The filing fee required by subdivision (c) shall apply to all
claims filed after June 30, 2004, or the effective date of this statute.
The surcharge authorized by subdivision (f) may be calculated and
included in claims paid after June 30, 2004, or the effective date
of the statute adding this subdivision.

(h) This section shall not apply to claims made for a violation
of the California Whistleblower Protection Act (Article 3
(commencing with Section 8547) of Chapter 6.5 of Division 1 of
Title 2).

SEC. 2.  

Section 8590.6 of the Government Code is amended
to read:

8590.6.  

For the purposes of this article:

(a) “Comprehensive services” means primary services that
include all of the following:

(1) Shelter or established referral services for shelter on a 24
hours a day, seven days a week, basis.

(2) A 24 hours a day, seven days a week, telephone hotline for
crisis calls.

(3) Temporary housing and food facilities.

(4) Psychological support and peer counseling provided in
accordance with Section 1038.2 of the Evidence Code.

(5) Referrals to existing services in the community.

(6) Emergency transportation, as feasible.

(b) “Director” means the Director of the Office of Emergency
Services.

(c) “Fund” means the Human Trafficking Victims Assistance
Fund.

(d) “Human trafficking caseworker” means a human trafficking
caseworker as defined in Section 1038.2 of the Evidence Code, or
a human trafficking caseworker who is employed by a homeless
services provider that serves homeless children or youth and has
completed a minimum of eight hours of training focused on victims
of human trafficking from the Runaway and Homeless Youth
Training and Technical Assistance Center.

(e) “Office” means the Office of Emergency Services.

(f) “Qualified nonprofit organization” means a nongovernmental,
nonprofit organization that does both of the following:

(1) Employs a minimum of one individual who is a human
trafficking caseworker.

(2) Provides services to victims of human trafficking, including,
but not limited to, housing assistance, counseling services, and
social services to victims of human trafficking.

(g) “Victim of human trafficking” means any person who is a
trafficking victim as described in Section 236.1 of the Penal Code
and satisfies either of the following conditions:

(1) Was trafficked in the state.

(2) Fled his or her trafficker to the state.

SEC. 3.  

Section 15820.946 of the Government Code is amended
to read:

15820.946.  

(a) The participating county contribution for adult
local criminal justice facilities financed under this chapter shall
be a minimum of 10 percent of the total project costs. The BSCC
may reduce contribution requirements for participating counties
with a general population below 200,000 upon petition by a
participating county to the BSCC requesting a lower level of
contribution.

(b) The BSCC shall determine the funding and scoring criteria
consistent with the requirements of this chapter. Financing shall
be awarded only to those counties that have previously received
only a partial award or have never received an award from the
state within the financing programs authorized in Chapters 3.11
(commencing with Section 15820.90) to 3.131 (commencing with
Section 15820.93), inclusive. The funding criteria shall include,
as a mandatory criterion, documentation of the percentage of
pretrial inmates in the county jail from January 1, 2015, to
December 31, 2015, inclusive, and a description of the county’s
current risk assessment based pretrial release program. Funding
preference shall also be given to counties that are most prepared
to proceed successfully with this financing in a timely manner.
The determination of preparedness to proceed shall include the
following:

(1) Counties providing a board of supervisors’ resolution
authorizing an adequate amount of available matching funds to
satisfy the counties’ contribution and approving the forms of the
project documents deemed necessary, as identified by the board
to the BSCC, to effectuate the financing authorized by this chapter,
and authorizing the appropriate signatory or signatories to execute
those documents at the appropriate times. The identified matching
funds in the resolution shall be compatible with the state’s
lease-revenue bond financing.

(2) Counties providing documentation evidencing CEQA
compliance has been completed. Documentation of CEQA
compliance shall be either a final Notice of Determination or a
final Notice of Exemption, as appropriate, and a letter from county
counsel certifying the associated statute of limitations has expired
and either no challenges were filed or identifying any challenges
filed and explaining how they have been resolved in a manner that
allows the project to proceed as proposed.

(c) Funding consideration shall be given to counties that are
seeking to replace compacted, outdated, or unsafe housing capacity
that will also add treatment space or counties that are seeking to
renovate existing or build new facilities that provide adequate
space for the provision of treatment and rehabilitation services,
including mental health treatment.

(d) A participating county may replace existing housing
capacity, realizing only a minimal increase of capacity, using this
financing authority if the requesting county clearly documents an
existing housing capacity deficiency.

(e) A participating county with a request resulting in any
increase in capacity using this financing authority shall be required
to certify and covenant in writing that the county is not, and will
not be, leasing housing capacity to any other public or private
entity for a period of 10 years beyond the completion date of the
adult local criminal justice facility.

(f) Any locked facility constructed or renovated with state
funding awarded under this program shall include space to provide
onsite, in-person visitation capable of meeting or surpassing the
minimum number of weekly visits required by state regulations
for persons detained in the facility.

(g) Any county applying for financing authority under this
program shall include a description of efforts to address sexual
abuse in its adult local criminal justice facility constructed or
renovated pursuant to this chapter.

SEC. 4.  

Section 15820.947 is added to the Government Code,
to read:

15820.947.  

Notwithstanding the award restriction in subdivision
(b) of Section 15820.946, twenty million dollars ($20,000,000) of
the amount authorized in Section 15820.942 shall be set aside and
awarded to the County of Napa without the submission of any
further adult local criminal justice facility proposal. This amount
may be utilized in conjunction with a partial award made to the
County of Napa pursuant to Chapter 3.131 (commencing with
Section 15820.93). These awards represent the maximum state
contribution for the adult local criminal justice facility in the
County of Napa.

SEC. 5.  

Section 37001.5 of the Health and Safety Code is
amended to read:

37001.5.  

The words “develop, construct, or acquire,” as used
in Section 1 of Article XXXIV of the State Constitution, shall not
be interpreted to apply to activities of a state public body when
that body does any of the following:

(a) Provides financing, secured by a deed of trust or other
security instrument to a private owner of existing housing; or
acquires a development, for which financing previously has been
provided, as a temporary measure to protect its security and with
an intention to change the ownership so that it will not continue
to be the owner of a low-rent housing project.

(b) Acquires or makes improvements to land which is anticipated
to be sold, ground leased, or otherwise transferred to a private
owner prior to its development as a low-rent housing project,
provided (1) the land and improvements thereon are not subject
to an exemption from property taxation by reason of public
ownership for more than five years following acquisition or
improvement by the state public body, or (2) such an exemption
from property taxation persists beyond the five-year period and
no alternative use is designated for the land or improvements, but
any property tax revenues lost by affected taxing agencies on
account of the exemption of land or improvements from property
taxes by reason of public ownership of the property, or any interest
in the property after the five-year period, are fully reimbursed by
payments in lieu of taxes following the expiration of the five-year
period.

(c) Leases existing dwelling units from the private owner of
such units, provided the lease or a subtenancy thereunder does not
result in a decrease of property tax revenues with respect to the
dwelling units leased.

(d) Provides assistance to the private owner or occupant of
existing housing which enables an occupant to live in decent, safe,
and sanitary housing at a rent he or she can afford to pay.

(e) Provides assistance to a low-rent housing project and
monitors construction or rehabilitation of that project and
compliance with conditions of that assistance to the extent of:

(1) Carrying out routine governmental functions.

(2) Performing conventional activities of a lender.

(3) Imposing constitutionally mandated or statutorily authorized
conditions accepted by a grantee of assistance.

(f) Provides assistance to a development prior to its becoming
a low-rent housing project without intending or expecting that the
development will become a low-rent housing project, as defined.

(g) Provides financing for a low-rent housing project pursuant
to Chapter 6.7 (commencing with Section 51325) of Part 3 of
Division 31.

(h) Provides financing for a low-rent housing project pursuant
to Article 3.2 (commencing with Section 987.001) and Article 5y
(commencing with Section 998.540) of Chapter 6 of Division 4
of the Military and Veterans Code. This subdivision shall apply
to all low-rent housing projects that convert the project’s financing
to permanent financing after January 1, 2017.

begin delete

SEC. 6.  

Section 43011.3 is added to the Health and Safety
Code, to read:

43011.3.  

The state board may enter into agreements with
private entities and receive, on behalf of the state, contributions
from private sources in the form of equipment or money in order
to expedite the processing of applications, resolutions, and
executive orders pertaining to subdivisions (h) and (i) of Section
27156 of the Vehicle Code. All moneys received pursuant to this
section shall be separately accounted for and deposited in the Air
Pollution Control Fund and shall be available, upon appropriation,
to the state board for purposes of this section.

end delete

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 43011.3 of the end insert begin insert Health and Safety Code end insert begin insert , as
added by Section 24 of Senate Bill 839 of the 2015-16 Regular
Session, is repealed. end insert

begin delete

43011.3.  

The state board may enter into agreements with
private entities and receive, on behalf of the state, contributions
from private sources in the form of equipment or money in order
to expedite the processing of applications, resolutions, and
executive orders pertaining to subdivisions (h) and (i) of Section
27156 of the Vehicle Code. All moneys received pursuant to this
section shall be separately accounted for and deposited in the Air
Pollution Control Fund and shall be available, upon appropriation,
to the state board for purposes of this section.

end delete

begin insert

begin insert SEC. 7. end insert   

end insert begin insert

Section 6 of this act, which repeals Section 43011.3
of the Health and Safety Code as added by Section 24 of Senate
Bill 839 of the 2015-16 Regular Session (SB 839), shall only
become operative if Section 43011.3 of the Health and Safety Code
is added by Section 24 of SB 839 and SB 839 becomes effective
on or before January 1, 2017, and this bill is enacted after SB 839.

end insert

begin delete SEC. 7. end delete

begin insert SEC. 8. end insert   

The sum of three million dollars ($3,000,000) is hereby
appropriated from the Gambling Control Fund to the Department
of Justice for the purposes of Schedule (2) of Item 0820-001-0567
of Section 2.00 of the Budget Act of 2016 in order to address the
backlog in investigations related to card room licensing

begin delete SEC. 8. end delete

begin insert SEC. 9. end insert   

This act is a bill providing for appropriations related
to the Budget Bill within the meaning of subdivision (e) of Section
12 of Article IV of the California Constitution, has been identified
as related to the budget in the Budget Bill, and shall take effect
immediately.