BILL ANALYSIS
AB 1270
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GOVERNOR'S VETO
AB 1270 (Torrico)
As Amended July 13, 2009
2/3 vote
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|ASSEMBLY: |73-0 |(May 14, 2009) |SENATE: |35-0 |(August 17, |
| | | | | |2009) |
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|ASSEMBLY: |77-0 |(September 2, | | | |
| | |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:
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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 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.
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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 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.
GOVERNOR'S VETO MESSAGE :
This bill places additional requirement on information
technology expenditures and system changes of the VCGCB that
go beyond current administrative directives. The Office of
the State Chief Information Officer (OCIO) was established
with broad authority to oversee the information technology
activities of state agencies and possesses the expertise to
appropriately administer this authority. This bill usurps
the OCIO's judgment and discretion in carrying out its
duties and creates in statute a permanent level of oversight
that goes well beyond what is required to address recent
issues with the VCGCB.
In addition, this bill requires the VCGCB to develop
specified written procedures related to the processing of
applications to the Victim Compensation Program, which are
consistent with recommendations made by the Bureau of State
Audits. Since the VCGCB has already agreed to these
recommendations and is currently working to implement them,
this bill is unnecessary.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916) 319-3744
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FN: 0003356