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SB-991 Human trafficking victims: assistance: grants.(2017-2018)

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Date Published: 08/07/2018 09:00 PM
SB991:v98#DOCUMENT

Amended  IN  Senate  August 07, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill
No. 991


Introduced by Senator Wilk Chang

February 05, 2018


An act to amend Section 29046 of the Food and Agricultural Code, relating to agriculture. An act to amend Section 8590.7 of the Government Code, relating to human trafficking, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


SB 991, as amended, Wilk Chang. Agriculture: bees: apiaries. Human trafficking victims: assistance: grants.
Existing law creates the Human Trafficking Victims Assistance Fund in the State Treasury. Existing law makes the Office of Emergency Services responsible for awarding grants, based on specified criteria, to qualified nonprofit organizations that provide comprehensive services to victims of human trafficking.
This bill would require, on or before January 1, 2023, and every 6 years thereafter, the office to conduct a prevalence study to better understand human trafficking in California and a comprehensive audit and evaluative study of qualified nonprofit organizations that are awarded grants pursuant to these provisions. The bill would also appropriate $15,000,000 from the General Fund to the Office of Emergency Services for the purpose of awarding grants to support programs for victims of human trafficking, increasing technical assistance provided to, and training of, qualified nonprofit organizations, and conducting the studies described above.

Existing law, the Apiary Protection Act, generally regulates bee management and beekeepers and provides various enforcement and penalty provisions for violating the act. Existing law prohibits a person from maintaining an apiary (1) on premises other than that of his or her residence unless the apiary is identified, as prescribed, (2) on private land not owned or leased by the person without approval, as specified, and (3) on public land without the expressed oral or written approval of the entity that owns, leases, controls, or occupies the land, as prescribed.

This bill would make nonsubstantive changes in these provisions.

Vote: MAJORITY2/3   Appropriation: NOYES   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 8590.7 of the Government Code is amended to read:

8590.7.
 (a) There is hereby created in the State Treasury the Human Trafficking Victims Assistance Fund. Moneys in the fund, including any interest earned, shall only be expended to support programs for victims of human trafficking pursuant to the requirements of this article and for reimbursement of costs incurred by the office in connection with its duties under this section. Of the amounts appropriated to the fund, no more than 5 percent shall be applied for reimbursement of costs incurred by the office in connection with its duties.
(b) The office shall do all of the following:
(1) Be responsible for overseeing the grant program.
(2) Award grants based on the following:
(A) The capability of the qualified nonprofit organization to provide comprehensive services.
(B) The stated goals and objectives of the qualified nonprofit organization.
(C) The number of people to be served and the needs of the community.
(D) Evidence of community support.
(E) Other criteria the office deems appropriate that is consistent with the requirements of this paragraph.
(3) Publish deadlines and written procedures for qualified nonprofit organizations to apply for the grants.
(4) (A) On or before January 1, 2023, and every six years thereafter, conduct a prevalence study to better understand human trafficking in California and issue a report to the Legislature containing the findings of the study, which shall also be made available to the public on the office’s Internet Web site.
(B) The report shall include, but shall not be limited to, all of the following:
(i) The prevalence of human trafficking.
(ii) Identification of impacted industries.
(iii) The sex, age, and citizenship status of victims of human trafficking, as aggregated.
(iv) Geographic analysis by city, county, city and county, or district.
(C) A report submitted pursuant to subparagraph (A) shall be submitted in compliance with Section 9795.
(5) (A) On or before January 1, 2023, and every six years thereafter, conduct a comprehensive audit and evaluative study of qualified nonprofit organizations that are awarded grants pursuant to this section and issue a report to the Legislature containing the findings of the study.
(B) A report submitted pursuant to subparagraph (A) shall be submitted in compliance with Section 9795.
(c) The sum of fifteen million dollars ($15,000,000) is hereby appropriated from the General Fund to the office administered by qualified nonprofit organizations for the purpose of awarding grants to support programs for victims of human trafficking, increasing technical assistance provided to, and training of, qualified nonprofit organizations, and conducting a prevalence study and a comprehensive audit and evaluative study, pursuant to subdivision (b).

SECTION 1.Section 29046 of the Food and Agricultural Code is amended to read:
29046.

(a)No person shall maintain an apiary on premises other than that of his or her residence unless the apiary is identified as follows:

(1)By a sign that is prominently displayed on the entrance side of the apiary or stenciled on the hive, that states in dark letters not less than one inch in height on a background of contrasting color, the name of the owner or person responsible for the apiary, his or her address and telephone number, or if he or she has no telephone, a statement to that effect.

(2)If the governing body of the county, city and county, or city in which the apiary is located has provided by ordinance for the identification of apiaries, in the manner that is prescribed in the ordinance.

(b)No person shall locate or maintain an apiary on private land not owned or leased by the person unless the person has approval from the owner of record, or an authorized agent of the owner, and can establish approval upon demand of the secretary or commissioner. The approval shall include the name and telephone number of the person granting approval.

(c)(1)No person shall locate or maintain an apiary on any public land without the expressed oral or written approval of the entity that owns, leases, controls, or occupies the land, and can establish this approval upon demand of the secretary or the commissioner. The approval shall include the name and telephone number of the person granting the approval. During the citrus bloom period, as established by the commissioner, including 72 hours before the declaration of the bloom period until 48 hours after the conclusion of the bloom period, the apiary operator shall obtain written permission to place bees on public land, and shall make it available to the secretary or the commissioner upon demand. Any apiary located or maintained on public land without lawful consent is a public nuisance and may be subject to seizure by the secretary or the commissioner.

(2)The secretary or commissioner may commence proceedings in the superior court of the county or city and county in which the seizure is made petitioning the court for judgment forfeiting the apiary. Upon the filing of the petition, the clerk of the court shall fix a time for a hearing and cause notices to be posted for 14 days in at least three public places in the place where the court is held, if the person owning the apiary is unknown, setting forth the substance of the petition and the time and place fixed for its hearing. At that time, the court shall hear and determine the proceeding and upon proof that the apiary was located or maintained on public lands without approval of the entity, may order the apiary forfeited. Any apiary forfeited pursuant to this paragraph shall be sold or destroyed by the secretary or the commissioner. The proceeds from all sales shall be used in accordance with Section 29032.