BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 898
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          Date of Hearing:   July 2, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                   SB 898 ( Cannella) - As Amended:  June 25, 2014

          Policy Committee:                              Banking &  
          FinanceVote: 12-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill requires every state agency, department, and entity to  
          provide its employer identification number to the Treasurer in  
          order to allow the Treasurer to monitor state money held outside  
          the State Treasury System.

           FISCAL EFFECT  

          Negligible costs to the Treasurer and other state agencies and  
          departments. 

           COMMENTS  

          1)  Purpose.   According to the author, the Treasurer cannot track  
            directly accounts outside the State Treasury System, and must  
            rely on agencies to truthfully report the existence and  
            balances of those accounts.  While the Treasurer has taken  
            administrative steps to require submission of employer  
            identification numbers, this bill strengthens that policy  
            through codification of the requirement.

          2)  Outside Accounts.   State departments and agencies may seek  
            approval through statute or from the Department of Finance to  
            deposit moneys into accounts outside the State Treasury  
            System.  Outside accounts can help departments and agencies  
            achieve benefits and efficiencies not available through the  
            State Treasury System, such as the ability to process credit  
            card payments.

            According to a report issued by the California State Auditor  
            on October 15, 2013, there were approximately 1,400 bank  








                                                                  SB 898
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            accounts outside the State Treasury System, collectively  
            holding approximately $9.3 billion of state funds.  Most of  
            these accounts were authorized by statute, and a significant  
            number of those with large balances were established to hold  
            funds in trust.

          3)  Recent Scandals.   The Department of Parks and Recreation  
            recently discovered it held approximately $54 million in an  
            account outside the State Treasury System that had not been  
            reported.  In 2012, 70 state parks were threatened with  
            closure in order to save $22 million.  Non-profit fundraising  
            and reductions in administrative costs throughout the state  
            park system prevented those closures.  Had the existence of  
            the outside account been known, much of those administrative  
            and fundraising efforts would likely have been avoided.

            Following that event, it was further discovered that the  
            California Department of Forestry and Fire Protection had been  
            holding $3.6 million in an unknown account that should have  
            been used to fund legal settlements through the state's  
            General Fund.

          4)  Related Legislation.
           
             a)   SB 1074 (Knight ) makes it a misdemeanor, punishable by  
               up to one year in a county jail, or a $2,500 fine, or both,  
               for a state employee to knowingly transfer or use state  
               money outside of the State Treasury System without  
               statutory authority or Department of Finance approval.  SB  
               1074 is before this committee today.

             b)   SB 1075 (Knight) requires the California Department of  
               Forestry and Fire Protection (CDF) to make an annual report  
               to the Legislature regarding any monies recovered in a  
               civil action and specifies that any monies recovered by CDF  
               in a civil action must be deposited into the state treasury  
               system.  SB 1075 is before this committee today.

             c)   AB 1583 (Allen) requires the Controller to submit an  
               annual report to the Legislature on all funds maintained in  
               accounts outside the State Treasury System.  AB 1583 is  
               pending on the Senate Floor.


          Analysis Prepared by  :    Joel Tashjian / APPR. / (916) 319-2081 








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