BILL ANALYSIS
AB 1270
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1270 (Torrico)
As Amended July 13, 2009
Majority vote
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|ASSEMBLY: |73-0 |(May 14, 2009) |SENATE: |35-0 |(August 17, |
| | | | | |2009) |
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Original Committee Reference: PUB. S.
SUMMARY : Requires the Victims Compensation and Government
Claims Board (VCGCB) to adopt written procedures and timeframes
for the timely processing of claims. Specifically, this bill
requires the VCGCB, for the purposes of meeting the requirement
for the timely processing of applications, to adopt written
procedures and timeframes for approving or denying applications
and specified procedures for use in communicating with entities
when verifying the required information.
The Senate amendments require :
1)The approval of the Office of the State Chief Information
Officer for the expenditure of $5,000 or more by the board on
or after January 1, 2010, with regard to any technology system
that is utilized for the review of applications.
2)The California Victim Compensation and Government Claims Board
to inform the office State Chief Information Officer of any
proposed changes to the technology systems utilized to review
applications and would authorize the State Chief Information
Officer to take appropriate action, as necessary, to review
and evaluate those proposed changes.
EXISTING LAW provides that:
1)The VCGCB shall approve or deny applications, based on
recommendations of the VCGCB staff, within an average of 90
calendar days and no later than 180 calendar days of
acceptance by the VCGCB or victim center.
If the VCGCB does not meet the 90-day average standard
prescribed in this subdivision, the VCGCB shall, thereafter,
report to the Legislature, on a quarterly basis, its progress
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and its current average time of processing applications.
These quarterly reports shall continue until the VDGCB meets
the 90-day average standard for two consecutive quarters.
If the VCGCB fails to approve or deny an individual
application within 180 days of the date it is accepted,
pursuant to this subdivision, the VCGCB shall advise the
applicant and his or her representative, in writing, of the
reason for the failure to approve or deny the application.
2)When a victim dies as a result of crime, the VCGCB may
reimburse any individual who voluntarily, and without
anticipation of personal gain, pays or assumes the obligation
to pay any of the following expenses:
a) The medical expenses incurred as a direct result of the
crime in an amount not to exceed the rates or limitations
established by the VCGCB;
b) When the crime occurs in a residence, the reasonable
costs to clean the scene of the crime in an amount not to
exceed $1,000; and,
c) The funeral and burial expenses incurred as a direct
result of the crimes, not to exceed $7,500.
3)Provides that the total award to or on behalf of each victim
or derivative victim may not exceed $35,000, except that this
amount may be increased to $70,000 if federal funds for that
increase are available.
AS PASSED BY THE ASSEMBLY, this bill was substantially similar
to the version passed by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the author, "In December 2008, the State
Auditor listed several recommendations to improve the Victims
Compensation and Governmental Claims Program. One
recommendation was to develop written procedures for managing
the workload at the VCGCB as well as to develop a comprehensive
plan for priorities.
"In June 2008, the VCGCB began processing claims exclusively
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through a new system, the Compensation and Restitution System
(CaRES).
"This bill will make it easier for victim's to file and receive
claims with the VCGCB by requiring for the VCGCB to have written
procedures and time frames in place."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0002040