Amended in Assembly August 8, 2016

Amended in Assembly May 25, 2016

Senate Bill No. 856

Introduced by Committee on Budget and Fiscal Review

January 7, 2016

begin delete An act relating to the Budget Act of 2016. end delete begin insert An act to amend Sections 905.2 and 8590.6 of the Government Code, relating to state government, and making an appropriation therefor, to take effect immediately, bill related to the budget. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 856, as amended, Committee on Budget and Fiscal Review. begin delete Budget Act of 2016. end delete begin insert State government: claims: human trafficking. end insert

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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.

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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.

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

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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.

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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.

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

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This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2016.

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Vote: majority. Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

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begin insert Section 905.2 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

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 begin delete board end delete begin insert Department of General Services end insert 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 begin delete board end delete begin insert department end insert shall not include the refunded filing
fee in the surcharge calculation. This surcharge shall be deposited
into the begin delete General end delete begin insert Service Revolving end insert Fund and may be appropriated
in support of the begin delete board as reimbursements to Item 7870-001-0001
of Section 2.00 of end delete begin insert department in end insert 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

begin delete 13928. end delete begin insert 14659.10. end insert

(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).

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begin insert SEC. 2. end insert   

end insert

begin insert Section 8590.6 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

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 begin delete Code. end delete

begin insert 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. end insert

(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.

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begin insert SEC. 3. end insert   

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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

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begin insert SEC. 4. end insert   

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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.

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begin delete

SECTION 1.  

It is the intent of the Legislature to enact statutory
changes, relating to the Budget Act of 2016.

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