California Senate Bill SB856 Amended / Bill

 BILL NUMBER: SB 856AMENDED BILL TEXT AMENDED IN ASSEMBLY AUGUST 8, 2016 AMENDED IN ASSEMBLY MAY 25, 2016 INTRODUCED BY Committee on Budget and Fiscal Review JANUARY 7, 2016  An act relating to the Budget Act of 2016.   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.  LEGISLATIVE COUNSEL'S DIGEST SB 856, as amended, Committee on Budget and Fiscal Review.  Budget Act of 2016.   State government: claims: human trafficking.   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.   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.   This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2016.  Vote: majority. Appropriation:  no   yes  . Fiscal committee:  no   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  board   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  board   department  shall not include the refunded filing fee in the surcharge calculation. This surcharge shall be deposited into the  General   Service Revolving  Fund and may be appropriated in support of the  board as reimbursements to Item 7870-001-0001 of Section 2.00 of   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  13928.   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.   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.  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  SEC. 4.   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.   SECTION 1.   It is the intent of the Legislature to enact statutory changes, relating to the Budget Act of 2016.