BILL NUMBER: AB 1420 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 6, 2013
INTRODUCED BY Committee on Accountability and Administrative Review
(Frazier (Chair), Achadjian (Vice Chair), Buchanan, Ian Calderon,
Cooley, Gorell, Hagman, Lowenthal, Medina, and Salas)
MARCH 21, 2013
An act to amend Sections 1917.1, 2028.5, 5092, and 12104 of the
Business and Professions Code, to amend and repeal Section
14076 of the Corporations Code, to amend Section 1727 of the Fish
and Game Code, to amend Sections 19849.11 and
, 22959.6 , and 30061 of , and to repeal
Section 11535 of, the Government Code, to amend
Section 25174 of the Health and Safety Code, to amend Sections
4801 and 11166 of the Penal Code, to amend Sections 4214 and 25722.8
of the Public Resources Code, to amend Section 8352.4 of the
Revenue and Taxation Code, to amend Section 9250.14 of the
Vehicle Code, and to amend Sections 4024,
11462, 14132, and 14701 of the Welfare and Institutions Code,
and to repeal Section 4 of Chapter 1299 of the Statutes of
1992, relating to state government.
LEGISLATIVE COUNSEL'S DIGEST
AB 1420, as amended, Committee on Accountability and
Administrative Review. State government: state agencies: reports.
Existing law requires various state agencies to submit certain
reports, plans, evaluations, and other similar documents to the
Legislature and other state agencies.
This bill would eliminate provisions that require certain state
agencies to submit certain reports to the Legislature and other state
agencies. The bill would also modify requirements of certain reports
by requiring, among other things, that reports be placed on the
Internet Web site of the reporting agency rather than to be submitted
to the Legislature or other state agencies, or requiring certain
state agencies to collaborate with other state agencies in preparing
those reports. The bill would also modify cross-references.
This bill would make various conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1917.1 of the Business and Professions Code is
amended to read:
1917.1. (a) The committee may grant a license as a registered
dental hygienist to an applicant who has not taken a clinical
examination before the committee, if the applicant submits all of the
following to the committee:
(1) A completed application form and all fees required by the
committee.
(2) Proof of a current license as a registered dental hygienist
issued by another state that is not revoked, suspended, or otherwise
restricted.
(3) Proof that the applicant has been in clinical practice as a
registered dental hygienist or has been a full-time faculty member in
an accredited dental hygiene education program for a minimum of 750
hours per year for at least five years immediately preceding the date
of his or her application under this section. The clinical practice
requirement shall be deemed met if the applicant provides proof of at
least three years of clinical practice and commits to completing the
remaining two years of clinical practice by filing with the
committee a copy of a pending contract to practice dental hygiene in
any of the following facilities:
(A) A primary care clinic licensed under subdivision (a) of
Section 1204 of the Health and Safety Code.
(B) A primary care clinic exempt from licensure pursuant to
subdivision (c) of Section 1206 of the Health and Safety Code.
(C) A clinic owned or operated by a public hospital or health
system.
(D) A clinic owned and operated by a hospital that maintains the
primary contract with a county government to fill the county's role
under Section 17000 of the Welfare and Institutions Code.
(4) Satisfactory performance on a California law and ethics
examination and any examination that may be required by the
committee.
(5) Proof that the applicant has not been subject to disciplinary
action by any state in which he or she, is or has been previously,
issued any professional or vocational license. If the applicant has
been subject to disciplinary action, the committee shall review that
action to determine if it warrants refusal to issue a license to the
applicant.
(6) Proof of graduation from a school of dental hygiene accredited
by the Commission on Dental Accreditation.
(7) Proof of satisfactory completion of the National Dental
Hygiene Board Examination and of a state clinical examination,
regional clinical licensure examination, or any other clinical dental
hygiene examination approved by the committee.
(8) Proof that the applicant has not failed the state clinical
examination, the examination given by the Western Regional Examining
Board, or any other clinical dental hygiene examination approved by
the committee for licensure to practice dental hygiene under this
chapter more than once or once within five years prior to the date of
his or her application for a license under this section.
(9) Documentation of completion of a minimum of 25 units of
continuing education earned in the two years preceding application,
including completion of any continuing education requirements imposed
by the committee on registered dental hygienists licensed in this
state at the time of application.
(10) Any other information as specified by the committee to the
extent that it is required of applicants for licensure by examination
under this article.
(b) The committee may periodically request verification of
compliance with the requirements of paragraph (3) of subdivision (a),
and may revoke the license upon a finding that the employment
requirement or any other requirement of paragraph (3) of subdivision
(a) has not been met.
(c) The committee shall provide in the application packet to each
out-of-state dental hygienist pursuant to this section the following
information:
(1) The location of dental manpower shortage areas in the state.
(2) Any not-for-profit clinics, public hospitals, and accredited
dental hygiene education programs seeking to contract with licensees
for dental hygiene service delivery or training purposes.
SEC. 2. Section 2028.5 of the Business and Professions Code is
amended to read:
2028.5. (a) The board may establish a pilot program to expand the
practice of telehealth in this state.
(b) To implement this pilot program, the board may convene a
working group of interested parties from the public and private
sectors, including, but not limited to, state health-related
agencies, health care providers, health plan administrators,
information technology groups, and groups representing health care
consumers.
(c) The purpose of the pilot program shall be to develop methods,
using a telehealth model, to deliver throughout the state health care
to persons with chronic diseases as well as information on the best
practices for chronic disease management services and techniques and
other health care information as deemed appropriate.
SEC. 3. Section 5092 of the Business and Professions Code is
amended to read:
5092. (a) To qualify for the certified public accountant license,
an applicant who is applying under this section shall meet the
education, examination, and experience requirements specified in
subdivisions (b), (c), and (d), or otherwise prescribed pursuant to
this article. The board may adopt regulations as necessary to
implement this section.
(b) An applicant for the certified public accountant license shall
present satisfactory evidence that the applicant has completed a
baccalaureate or higher degree conferred by a college or university,
meeting, at a minimum, the standards described in Section 5094, the
total educational program to include a minimum of 24 semester units
in accounting subjects and 24 semester units in business-related
subjects. This evidence shall be provided prior to admission to the
examination for the certified public accountant license, except that
an applicant who applied, qualified, and sat for at least two
subjects of the examination for the certified public accountant
license before May 15, 2002, may provide this evidence at the time of
application for licensure.
(c) An applicant for the certified public accountant license shall
pass an examination prescribed by the board pursuant to this
article.
(d) The applicant shall show, to the satisfaction of the board,
that the applicant has had two years of qualifying experience. This
experience may include providing any type of service or advice
involving the use of accounting, attest, compilation, management
advisory, financial advisory, tax, or consulting skills. To be
qualifying under this section, experience shall have been performed
in accordance with applicable professional standards. Experience in
public accounting shall be completed under the supervision or in the
employ of a person licensed or otherwise having comparable authority
under the laws of any state or country to engage in the practice of
public accountancy. Experience in private or governmental accounting
or auditing shall be completed under the supervision of an individual
licensed by a state to engage in the practice of public accountancy.
(e) This section shall become inoperative on January 1, 2014, but
shall become or remain operative if the educational requirements in
ethics study and accounting study established by subdivision (b) of
Section 5093 and Section 5094.6 are reduced or eliminated.
SEC. 4. Section 12104 of the Business and Professions Code is
amended to read:
12104. (a) The department shall issue instructions and make
recommendations to the county sealers, and the instructions and
recommendations shall govern the procedure to be followed by these
officers in the discharge of their duties.
(b) Instructions and recommendations that are made to ensure
statewide weights and measures protection shall include a local
administration cost analysis utilizing data provided by the county
sealer. The cost analysis shall identify the joint programs or
activities for which funds necessary to maintain adequate county
administration and enforcement have not been provided. The secretary
shall develop, jointly with the county sealers, county priorities for
the enforcement programs and activities of the secretary.
SEC. 5. Section 14076 of the Corporations Code, as amended by
Section 6 of Chapter 648 of the Statutes of 2012, is amended to read:
14076. (a) It is the intent of the Legislature that the
corporations make maximal use of their statutory authority to
guarantee loans and surety bonds, including the authority to secure
loans with a minimum loan loss reserve of only 20 percent, so that
the financing needs of small business may be met as fully as possible
within the limits of corporations' loan loss reserves. The
agency office shall report annually to the
Legislature on the financial status of the corporations and their
portfolio of loans and surety bonds guaranteed. The agency
shall include this This information shall
be included in the annual report submitted to the Legislature
by the director pursuant to subdivision (b) of
Section 14030.2.
(b) Any corporation that serves an area declared to be in a state
of emergency by the Governor or a disaster area by the President of
the United States, the Administrator of the United States Small
Business Administration, or the United States Secretary of
Agriculture shall increase the portfolio of loan guarantees where the
dollar amount of the loan is less than one hundred thousand dollars
($100,000), so that at least 15 percent of the dollar value of loans
guaranteed by the corporation is for those loans. The corporation
shall comply with this requirement within one year of the date the
emergency or disaster is declared. Upon application of a corporation,
the director may waive or modify the rule for the corporation if the
corporation demonstrates that it made a good faith effort to comply
and failed to locate lending institutions in the region that the
corporation serves that are willing to make guaranteed loans in that
amount.
(c) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
(c) This section shall become operative on January 1, 2018.
SEC. 6. Section 14076 of the Corporations Code,
as amended by Section 7 of Chapter 648 of the Statutes of 2012, is
amended to read:
14076. (a) It is the intent of the Legislature that the
corporations make maximal use of their statutory authority to
guarantee loans and surety bonds, including the authority to secure
loans with a minimum loan loss reserve of only 25 percent, unless the
agency authorizes a higher leverage ratio for an individual
corporation pursuant to subdivision (b) of Section 14037, so that the
financing needs of small business may be met as fully as possible
within the limits of corporations' loan loss reserves. The agency
shall report annually to the Legislature on the financial status of
the corporations and their portfolio of loans and surety bonds
guaranteed. The agency shall include this information in the annual
report submitted to the Legislature by the director pursuant to
subdivision (b) of Section 14030.2.
(b) Any corporation that serves an area declared to be in a state
of emergency by the Governor or a disaster area by the President of
the United States, the Administrator of the United States Small
Business Administration, or the United States Secretary of
Agriculture shall increase the portfolio of loan guarantees where the
dollar amount of the loan is less than one hundred thousand dollars
($100,000), so that at least 15 percent of the dollar value of loans
guaranteed by the corporation is for those loans. The corporation
shall comply with this requirement within one year of the date the
emergency or disaster is declared. Upon application of a corporation,
the director may waive or modify the rule for the corporation if the
corporation demonstrates that it made a good faith effort to comply
and failed to locate lending institutions in the region that the
corporation serves that are willing to make guaranteed loans in that
amount.
(c) This section shall become operative on January 1, 2018.
SEC. 6. Section 14076 of the
Corporations Code , as amended by Section 7 of Chapter 648
of the Statutes of 2012, is repealed.
14076. (a) It is the intent of the Legislature that the
corporations make maximal use of their statutory authority to
guarantee loans and surety bonds, including the authority to secure
loans with a minimum loan loss reserve of only 25 percent, unless the
agency authorizes a higher leverage ratio for an individual
corporation pursuant to subdivision (b) of Section 14037, so that the
financing needs of small business may be met as fully as possible
within the limits of corporations' loan loss reserves. The agency
shall report annually to the Legislature on the financial status of
the corporations and their portfolio of loans and surety bonds
guaranteed.
(b) Any corporation that serves an area declared to be in a state
of emergency by the Governor or a disaster area by the President of
the United States, the Administrator of the United States Small
Business Administration, or the United States Secretary of
Agriculture shall increase the portfolio of loan guarantees where the
dollar amount of the loan is less than one hundred thousand dollars
($100,000), so that at least 15 percent of the dollar value of loans
guaranteed by the corporation is for those loans. The corporation
shall comply with this requirement within one year of the date the
emergency or disaster is declared. Upon application of a corporation,
the director may waive or modify the rule for the corporation if the
corporation demonstrates that it made a good faith effort to comply
and failed to locate lending institutions in the region that the
corporation serves that are willing to make guaranteed loans in that
amount.
(c) This section shall become operative on January 1, 2018.
SEC. 7. Section 1727 of the Fish and Game Code is amended to read:
1727. (a) In order to provide for a diversity of available
angling experiences throughout the state, it is the intent of the
Legislature that the commission maintain the existing wild trout
program, and as part of the program, develop additional wild trout
waters in the more than 20,000 miles of trout streams and
approximately 5,000 lakes containing trout in California.
(b) The department shall prepare a list of no less than 25 miles
of stream or stream segments and at least one lake that it deems
suitable for designation as wild trout waters. The department shall
submit this list to the commission for its consideration at the
regular October commission meeting.
(c) The commission may remove any stream or lake that it has
designated as a wild trout fishery from the program at any time. If
any of those waters are removed from the program, an equivalent
amount of stream mileage or an equivalent size lake shall be added to
the wild trout program.
(d) The department shall prepare and complete management plans for
all wild trout waters not more than three years following their
initial designation by the commission and update the management plan
every five years following completion of the initial management plan.
SEC. 8. Section 11535 of the Government Code,
as added by Section 8 of Chapter 147 of the Statutes of 2012, is
repealed.
SEC. 9. SEC. 8. Section 19849.11 of
the Government Code is amended to read:
19849.11. The Department of Human Resources, subject to any
condition that it may establish, subject to existing statutes
governing health benefits and group term life insurance offered
through the Public Employees' Retirement System, and subject to all
other applicable provisions of state law, may enter into contracts
for the purchase of employee benefits with respect to managerial and
confidential employees as defined by subdivisions (e) and (f) of
Section 3513, and employees excluded from the definition of state
employee in subdivision (c) of Section 3513, and officers or
employees of the executive branch of government who are not members
of the civil service, and supervisory employees as defined in
subdivision (g) of Section 3513. Benefits shall include, but not be
limited to, group life insurance, group disability insurance,
long-term disability insurance, group automobile liability and
physical damage insurance, and homeowners' and renters' insurance.
The department may self-insure the long-term disability insurance
program if it is cost effective to do so.
SEC. 10. SEC. 9. Section 22959.6 of
the Government Code is amended to read:
22959.6. (a) The Department of Human Resources may contract with
one or more vision care plans for annuitants and eligible family
members, provided the carrier or carriers have operated successfully
in the area of vision care benefits for a reasonable period, as
determined by the Department of Human Resources.
(b) The Department of Human Resources, as the program
administrator, has full administrative authority over this program
and associated funds and shall require the monthly premium to be paid
by the annuitant for the vision care plan. The premium to be paid by
the annuitant shall be deducted from his or her monthly allowance.
If there are insufficient funds in an annuitant's allowance to pay
the premium, the plan provider shall directly bill the annuitant. A
vision care plan or plans provided under this authority shall be
funded by the annuitants' premium. All premiums received from
annuitants shall be deposited in the Vision Care Program for State
Annuitants Fund, which is hereby created in the State Treasury. Any
income earned on the moneys in the Vision Care Program for State
Annuitants Fund shall be credited to the fund. Notwithstanding
Section 13340, moneys in the fund are continuously appropriated for
the purposes specified in subdivision (d).
(c) An annuitant may enroll in a vision care plan provided by a
carrier that also provides a health benefit plan pursuant to Section
22850 if the employee or annuitant is also enrolled in the health
benefit plan provided by that carrier. However, this section may not
be construed to require an annuitant to enroll in a vision care plan
and a health benefit plan provided by the same carrier. An annuitant
enrolled in this program shall only enroll into a vision plan or
vision plans contracted for by the Department of Human Resources.
(d) A contract for a vision care plan may not be entered into
unless the Department of Human Resources determines it is reasonable
to do so. Notwithstanding any other provision of law, any premium
moneys paid into this program by annuitants for the purposes of the
annuitant vision care plan that is contracted for shall be used for
the cost of providing vision care benefits to eligible, enrolled
annuitants and their eligible and enrolled dependents, the payment of
claims for those vision benefits, and the cost of administration of
the vision care plan or plans under this vision care program, those
costs being determined by the Department of Human Resources.
(e) If the Director of Human Resources determines that it is not
economically feasible to continue this program anytime after its
commencement, the director may, upon written notice to enrollees and
to the contracting plan or plans, terminate this program within a
reasonable time. The notice of termination to the plan or plans shall
be determined by the Department of Human Resources. The notice to
enrollees of the termination of the program shall commence no later
than three months prior to the actual date of termination of the
program.
(f) Premium rates for this program shall be determined by the
Department of Human Resources in conjunction with the contracted plan
or plans and shall be considered separate and apart from active
employee premium rates.
SEC. 10. Section 30061 of the
Government Code is amended to read:
30061. (a) There shall be established in each county treasury a
Supplemental Law Enforcement Services Account (SLESA), to receive all
amounts allocated to a county for purposes of implementing this
chapter.
(b) In any fiscal year for which a county receives moneys to be
expended for the implementation of this chapter, the county auditor
shall allocate the moneys in the county's SLESA within 30 days of the
deposit of those moneys into the fund. The moneys shall be allocated
as follows:
(1) Five and fifteen-hundredths percent to the county sheriff for
county jail construction and operation. In the case of Madera, Napa,
and Santa Clara Counties, this allocation shall be made to the county
director or chief of corrections.
(2) Five and fifteen-hundredths percent to the district attorney
for criminal prosecution.
(3) Thirty-nine and seven-tenths percent to the county and the
cities within the county, and, in the case of San Mateo, Kern,
Siskiyou, and Contra Costa Counties, also to the Broadmoor Police
Protection District, the Bear Valley Community Services District, the
Stallion Springs Community Services District, the Lake Shastina
Community Services District, and the Kensington Police Protection and
Community Services District, in accordance with the relative
population of the cities within the county and the unincorporated
area of the county, and the Broadmoor Police Protection District in
the County of San Mateo, the Bear Valley Community Services District
and the Stallion Springs Community Services District in Kern County,
the Lake Shastina Community Services District in Siskiyou County, and
the Kensington Police Protection and Community Services District in
Contra Costa County, as specified in the most recent January estimate
by the population research unit of the Department of Finance, and as
adjusted to provide, except as provided in subdivision (j), a grant
of at least one hundred thousand dollars ($100,000) to each law
enforcement jurisdiction. For a newly incorporated city whose
population estimate is not published by the Department of Finance,
but that was incorporated prior to July 1 of the fiscal year in which
an allocation from the SLESA is to be made, the city manager, or an
appointee of the legislative body, if a city manager is not
available, and the county administrative or executive officer shall
prepare a joint notification to the Department of Finance and the
county auditor with a population estimate reduction of the
unincorporated area of the county equal to the population of the
newly incorporated city by July 15, or within 15 days after the
Budget Act is enacted, of the fiscal year in which an allocation from
the SLESA is to be made. No person residing within the Broadmoor
Police Protection District, the Bear Valley Community Services
District, the Stallion Springs Community Services District, the Lake
Shastina Community Services District, or the Kensington Police
Protection and Community Services District shall also be counted as
residing within the unincorporated area of the County of San Mateo,
Kern, Siskiyou, or Contra Costa, or within any city located within
those counties. Except as provided in subdivision (j), the county
auditor shall allocate a grant of at least one hundred thousand
dollars ($100,000) to each law enforcement jurisdiction. Moneys
allocated to the county pursuant to this subdivision shall be
retained in the county SLESA, and moneys allocated to a city pursuant
to this subdivision shall be deposited in an SLESA established in
the city treasury.
(4) Fifty percent to the county or city and county to implement a
comprehensive multiagency juvenile justice plan as provided in this
paragraph. The juvenile justice plan shall be developed by the local
juvenile justice coordinating council in each county and city and
county with the membership described in Section 749.22 of the Welfare
and Institutions Code. If a plan has been previously approved by the
Corrections Standards Authority or, commencing July 1, 2012, by the
Board of State and Community Corrections, the plan shall be reviewed
and modified annually by the council. The plan or modified plan shall
be approved by the county board of supervisors, and in the case of a
city and county, the plan shall also be approved by the mayor. The
plan or modified plan shall be submitted to the Board of State and
Community Corrections by May 1 of each year.
(A) Juvenile justice plans shall include, but not be limited to,
all of the following components:
(i) An assessment of existing law enforcement, probation,
education, mental health, health, social services, drug and alcohol,
and youth services resources that specifically target at-risk
juveniles, juvenile offenders, and their families.
(ii) An identification and prioritization of the neighborhoods,
schools, and other areas in the community that face a significant
public safety risk from juvenile crime, such as gang activity,
daylight burglary, late-night robbery, vandalism, truancy, controlled
substances sales, firearm-related violence, and juvenile substance
abuse and alcohol use.
(iii) A local juvenile justice action strategy that provides for a
continuum of responses to juvenile crime and delinquency and
demonstrates a collaborative and integrated approach for implementing
a system of swift, certain, and graduated responses for at-risk
youth and juvenile offenders.
(iv) Programs identified in clause (iii) that are proposed to be
funded pursuant to this subparagraph, including the projected amount
of funding for each program.
(B) Programs proposed to be funded shall satisfy all of the
following requirements:
(i) Be based on programs and approaches that have been
demonstrated to be effective in reducing delinquency and addressing
juvenile crime for any elements of response to juvenile crime and
delinquency, including prevention, intervention, suppression, and
incapacitation.
(ii) Collaborate and integrate services of
all the resources set forth in clause (i) of subparagraph (A), to the
extent appropriate.
(iii) Employ information sharing systems to ensure that county
actions are fully coordinated, and designed to provide data for
measuring the success of juvenile justice programs and strategies.
(iv) Adopt goals related to the outcome measures that shall be
used to determine the effectiveness of the local juvenile justice
action strategy.
(C) The plan shall also identify the specific objectives of the
programs proposed for funding and specified outcome measures to
determine the effectiveness of the programs and contain an accounting
for all program participants, including those who do not complete
the programs. Outcome measures of the programs proposed to be funded
shall include, but not be limited to, all of the following:
(i) The rate of juvenile arrests per 100,000 population.
(ii) The rate of successful completion of probation.
(iii) The rate of successful completion of restitution and
court-ordered community service responsibilities.
(iv) Arrest, incarceration, and probation violation rates of
program participants.
(v) Quantification of the annual per capita costs of the program.
(D) The Board of State and Community Corrections shall review
plans or modified plans submitted pursuant to this paragraph within
30 days upon receipt of submitted or resubmitted plans or modified
plans. The board shall approve only those plans or modified plans
that fulfill the requirements of this paragraph, and shall advise a
submitting county or city and county immediately upon the approval of
its plan or modified plan. The board shall offer, and provide, if
requested, technical assistance to any county or city and county that
submits a plan or modified plan not in compliance with the
requirements of this paragraph. The SLESA shall only allocate funding
pursuant to this paragraph upon notification from the board that a
plan or modified plan has been approved.
(E) To assess the effectiveness of programs funded pursuant to
this paragraph using the program outcome criteria specified in
subparagraph (C), the following periodic reports shall be submitted:
(i) Each county or city and county shall report, beginning October
15, 2002, and annually each October 15 thereafter, to the county
board of supervisors and the Board of State and Community
Corrections, in a format specified by the board, on the programs
funded pursuant to this chapter and program outcomes as specified in
subparagraph (C).
(ii) The Board of State and Community Corrections shall compile
the local reports and, by March 15, 2003, and annually thereafter,
make a report to the Governor and the Legislature on program
expenditures within each county and city and county from the
appropriation for the purposes of this paragraph, on the outcomes as
specified in subparagraph (C) of the programs funded pursuant to this
paragraph and the statewide effectiveness of the comprehensive
multiagency juvenile justice plans.
(c) Subject to subdivision (d), for each fiscal year in which the
county, each city, the Broadmoor Police Protection District, the Bear
Valley Community Services District, the Stallion Springs Community
Services District, the Lake Shastina Community Services District, and
the Kensington Police Protection and Community Services District
receive moneys pursuant to paragraph (3) of subdivision (b), the
county, each city, and each district specified in this subdivision
shall appropriate those moneys in accordance with the following
procedures:
(1) In the case of the county, the county board of supervisors
shall appropriate existing and anticipated moneys exclusively to
provide frontline law enforcement services, other than those services
specified in paragraphs (1) and (2) of subdivision (b), in the
unincorporated areas of the county, in response to written requests
submitted to the board by the county sheriff and the district
attorney. Any request submitted pursuant to this paragraph shall
specify the frontline law enforcement needs of the requesting entity,
and those personnel, equipment, and programs that are necessary to
meet those needs.
(2) In the case of a city, the city council shall appropriate
existing and anticipated moneys exclusively to fund frontline
municipal police services, in accordance with written requests
submitted by the chief of police of that city or the chief
administrator of the law enforcement agency that provides police
services for that city.
(3) In the case of the Broadmoor Police Protection District within
the County of San Mateo, the Bear Valley Community Services District
or the Stallion Springs Community Services District within Kern
County, the Lake Shastina Community Services District within Siskiyou
County, or the Kensington Police Protection and Community Services
District within Contra Costa County, the legislative body of that
special district shall appropriate existing and anticipated moneys
exclusively to fund frontline municipal police services, in
accordance with written requests submitted by the chief administrator
of the law enforcement agency that provides police services for that
special district.
(d) For each fiscal year in which the county, a city, or the
Broadmoor Police Protection District within the County of San Mateo,
the Bear Valley Community Services District or the Stallion Springs
Community Services District within Kern County, the Lake Shastina
Community Services District within Siskiyou County, or the Kensington
Police Protection and Community Services District within Contra
Costa County receives any moneys pursuant to this chapter, in no
event shall the governing body of any of those recipient agencies
subsequently alter any previous, valid appropriation by that body,
for that same fiscal year, of moneys allocated to the county or city
pursuant to paragraph (3) of subdivision (b).
(e) For the 2011-12 fiscal year, the Controller shall allocate
23.54 percent of the amount deposited in the Local Law Enforcement
Services Account in the Local Revenue Fund 2011 for the purposes of
paragraphs (1), (2), and (3) of subdivision (b), and shall allocate
23.54 percent for purposes of paragraph (4) of subdivision (b).
(f) Commencing with the 2012-13 fiscal year, the Controller shall
allocate 21.86 percent of the amount deposited in the Enhancing Law
Enforcement Activities Subaccount in the Local Revenue Fund 2011 for
the purposes of paragraphs (1) to (3), inclusive, of subdivision (b),
and shall allocate 21.86 percent for purposes of paragraph (4) of
subdivision (b).
(g) The Controller shall allocate funds to local jurisdictions for
public safety in accordance with this section as annually calculated
by the Director of Finance.
(h) Funds received pursuant to subdivision (b) shall be expended
or encumbered in accordance with this chapter no later than June 30
of the following fiscal year. A local agency that has not met the
requirement of this subdivision shall remit unspent SLESA moneys
received after April 1, 2009, to the Controller for deposit in the
Local Safety and Protection Account, after April 1, 2012, to the
Local Law Enforcement Services Account, and after July 1, 2012, to
the County Enhancing Law Enforcement Activities Subaccount.
(i) In the 2010-11 fiscal year, if the fourth quarter revenue
derived from fees imposed by subdivision (a) of Section 10752.2 of
the Revenue and Taxation Code that are deposited in the General Fund
and transferred to the Local Safety and Protection Account, and
continuously appropriated to the Controller for allocation pursuant
to this section, are insufficient to provide a minimum grant of one
hundred thousand dollars ($100,000) to each law enforcement
jurisdiction, the county auditor shall allocate the revenue
proportionately, based on the allocation schedule in paragraph (3) of
subdivision (b). The county auditor shall proportionately allocate,
based on the allocation schedule in paragraph (3) of subdivision (b),
all revenues received after the distribution of the fourth quarter
allocation attributable to these fees for which payment was due prior
to July 1, 2011, until all minimum allocations are fulfilled, at
which point all remaining revenue shall be distributed
proportionately among the other jurisdictions.
SEC. 11. Section 25174 of the Health
and Safety Code is amended to read:
25174. (a) There is in the General Fund the Hazardous Waste
Control Account, which shall be administered by the director. In
addition to any other money that may be deposited in the Hazardous
Waste Control Account, pursuant to statute, all of the following
amounts shall be deposited in the account:
(1) The fees collected pursuant to Sections 25174.1, 25205.2,
25205.5, 25205.15, and 25205.16.
(2) The fees collected pursuant to Section 25187.2, to the extent
that those fees are for the oversight of corrective action taken
under this chapter.
(3) Any interest earned upon the money deposited in the Hazardous
Waste Control Account.
(4) Any money received from the federal government pursuant to the
federal act.
(5) Any reimbursements for funds expended from the Hazardous Waste
Control Account for services provided by the department pursuant to
this chapter, including, but not limited to, the reimbursements
required pursuant to Sections 25201.9 and 25205.7.
(b) The funds deposited in the Hazardous Waste Control Account may
be appropriated by the Legislature, for expenditure as follows:
(1) To the department for the administration and implementation of
this chapter.
(2) To the department for allocation to the State Board of
Equalization to pay refunds of fees collected pursuant to Sections
43051 and 43053 of the Revenue and Taxation Code and for the
administration and collection of the fees imposed pursuant to Article
9.1 (commencing with Section 25205.1) that are deposited into the
Hazardous Waste Control Account.
(3) To the department for the costs of performance or review of
analyses of past, present, or potential environmental public health
effects related to toxic substances, including extremely hazardous
waste, as defined in Section 25115, and hazardous waste, as defined
in Section 25117.
(4) (A) To the department
for allocation to the office of the Attorney General for the support
of the Toxic Substance Enforcement Program in the office of the
Attorney General, in carrying out the purposes of this chapter.
(B) On or before October 1 of each year, the Attorney General
shall report to the Legislature on the expenditure of any funds
allocated to the office of the Attorney General for the preceding
fiscal year pursuant to this paragraph and paragraph (14) of
subdivision (b) of Section 25173.6. The report shall include all of
the following:
(i) A description of cases resolved by the office of the Attorney
General through settlement or court order, including the monetary
benefit to the department and the state.
(ii) A description of injunctions or other court orders benefiting
the people of the state.
(iii) A description of any cases in which the Attorney General's
Toxic Substance Enforcement Program is representing the department or
the state against claims by defendants or responsible parties.
(iv) A description of other pending litigation handled by the
Attorney General's Toxic Substance Enforcement Program.
(C) Nothing in subparagraph (C) shall require the Attorney General
to report on any confidential or investigatory matter.
(5) To the department for administration and implementation of
Chapter 6.11 (commencing with Section 25404).
(c) (1) Expenditures from the Hazardous Waste Control Account for
support of state agencies other than the department shall, upon
appropriation by the Legislature to the department, be subject to an
interagency agreement or similar mechanism between the department and
the state agency receiving the support.
(2) The department shall, at the time of the release of the annual
Governor's Budget, describe the budgetary amounts proposed to be
allocated to the State Board of Equalization, as specified in
paragraph (2) of subdivision (b) and in paragraph (3) of subdivision
(b) of Section 25173.6, for the upcoming fiscal year.
(3) It is the intent of the Legislature that moneys appropriated
in the annual Budget Act each year for the purpose of reimbursing the
State Board of Equalization, a private party, or other public
agency, for the administration and collection of the fees imposed
pursuant to Article 9.1 (commencing with Section 25205.1) and
deposited in the Hazardous Waste Control Account, shall not exceed
the costs incurred by the State Board of Equalization, the private
party, or other public agency, for the administration and collection
of those fees.
(d) With respect to expenditures for the purposes of paragraphs
(1) and (3) of subdivision (b) and paragraphs (1) and (2) of
subdivision (b) of Section 25173.6, the department shall, at the time
of the release of the annual Governor's Budget, also make available
the budgetary amounts and allocations of staff resources of the
department proposed for the following activities:
(1) The department shall identify, by permit type, the projected
allocations of budgets and staff resources for hazardous waste
facilities permits, including standardized permits, closure plans,
and postclosure permits.
(2) The department shall identify, with regard to surveillance and
enforcement activities, the projected allocations of budgets and
staff resources for the following types of regulated facilities and
activities:
(A) Hazardous waste facilities operating under a permit or grant
of interim status issued by the department, and generator activities
conducted at those facilities. This information shall be reported by
permit type.
(B) Transporters.
(C) Response to complaints.
(3) The department shall identify the projected allocations of
budgets and staff resources for both of the following activities:
(A) The registration of hazardous waste transporters.
(B) The operation and maintenance of the hazardous waste manifest
system.
(4) The department shall identify, with regard to site mitigation
and corrective action, the projected allocations of budgets and staff
resources for the oversight and implementation of the following
activities:
(A) Investigations and removal and remedial actions at military
bases.
(B) Voluntary investigations and removal and remedial actions.
(C) State match and operation and maintenance costs, by site, at
joint state and federally funded National Priority List Sites.
(D) Investigation, removal and remedial actions, and operation and
maintenance at the Stringfellow Hazardous Waste Site.
(E) Investigation, removal and remedial actions, and operation and
maintenance at the Casmalia Hazardous Waste Site.
(F) Investigations and removal and remedial actions at
nonmilitary, responsible party lead National Priority List Sites.
(G) Preremedial activities under the federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. Sec. 9601 et seq.).
(H) Investigations, removal and remedial actions, and operation
and maintenance at state-only orphan sites.
(I) Investigations and removal and remedial actions at
nonmilitary, non-National Priority List responsible party lead sites.
(J) Investigations, removal and remedial actions, and operation
and maintenance at Expedited Remedial Action Program sites pursuant
to former Chapter 6.85 (commencing with Section 25396).
(K) Corrective actions at hazardous waste facilities.
(5) The department shall identify, with regard to the regulation
of hazardous waste, the projected allocation of budgets and staff
resources for the following activities:
(A) Determinations pertaining to the classification of hazardous
wastes.
(B) Determinations for variances made pursuant to Section 25143.
(C) Other determinations and responses to public inquiries made by
the department regarding the regulation of hazardous waste and
hazardous substances.
(6) The department shall identify projected allocations of budgets
and staff resources needed to do all of the following:
(A) Identify, remove, store, and dispose of, suspected hazardous
substances or hazardous materials associated with the investigation
of clandestine drug laboratories.
(B) Respond to emergencies pursuant to Section 25354.
(C) Create, support, maintain, and implement the railroad accident
prevention and immediate deployment plan developed pursuant to
Section 7718 of the Public Utilities Code.
(7) The department shall identify projected allocations of budgets
and staff resources for the administration and implementation of the
unified hazardous waste and hazardous materials regulatory program
established pursuant to Chapter 6.11 (commencing with Section 25404).
(8) The department shall identify the total cumulative
expenditures of the Regulatory Structure Update and Site Mitigation
Update projects since their inception, and shall identify the total
projected allocations of budgets and staff resources that are needed
to continue these projects.
(9) The department shall identify the total projected allocations
of budgets and staff resources that are necessary for all other
activities proposed to be conducted by the department.
(e) Notwithstanding this chapter, or Part 22 (commencing with
Section 43001) of Division 2 of the Revenue and Taxation Code, for
any fees, surcharges, fines, penalties, and funds that are required
to be deposited into the Hazardous Waste Control Account or the Toxic
Substances Control Account, the department, with the approval of the
Secretary for Environmental Protection, may take any of the
following actions:
(1) Assume responsibility for, or enter into a contract with a
private party or with another public agency, other than the State
Board of Equalization, for the collection of any fees, surcharges,
fines, penalties and funds described in subdivision (a) or otherwise
described in this chapter or Chapter 6.8 (commencing with Section
25300), for deposit into the Hazardous Waste Control Account or the
Toxic Substances Control Account.
(2) Administer, or by mutual agreement, contract with a private
party or another public agency, for the making of those
determinations and the performance of functions that would otherwise
be the responsibility of the State Board of Equalization pursuant to
this chapter, Chapter 6.8 (commencing with Section 25300), or Part 22
(commencing with Section 43001) of Division 2 of the Revenue and
Taxation Code, if those activities and functions for which the State
Board of Equalization would otherwise be responsible become the
responsibility of the department or, by mutual agreement, the
contractor selected by the department.
(f) If, pursuant to subdivision (e), the department, or a private
party or another public agency, pursuant to a contract with the
department, performs the determinations and functions that would
otherwise be the responsibility of the State Board of Equalization,
the department shall be responsible for ensuring that persons who are
subject to the fees specified in subdivision (e) have equivalent
rights to public notice and comment, and procedural and substantive
rights of appeal, as afforded by the procedures of the State Board of
Equalization pursuant to Part 22 (commencing with Section 43001) of
Division 2 of the Revenue and Taxation Code. Final responsibility for
the administrative adjustment of fee rates and the administrative
appeal of any fees or penalty assessments made pursuant to this
section may only be assigned by the department to a public agency.
(g) If, pursuant to subdivision (e), the department, or a private
party or another public agency, pursuant to a contract with the
department, performs the determinations and functions that would
otherwise be the responsibility of the State Board of Equalization,
the department shall have equivalent authority to make collections
and enforce judgments as provided to the State Board of Equalization
pursuant to Part 22 (commencing with Section 43001) of Division 2 of
the Revenue and Taxation Code. Unpaid amounts, including penalties
and interest, shall be a perfected and enforceable state tax lien in
accordance with Section 43413 of the Revenue and Taxation Code.
(h) The department, with the concurrence of the Secretary for
Environmental Protection, shall determine which administrative
functions should be retained by the State Board of Equalization,
administered by the department, or assigned to another public agency
or private party pursuant to subdivisions (e), (f), and (g).
(i) The department may adopt regulations to implement subdivisions
(e) to (h), inclusive.
(j) The Director of Finance, upon request of the director, may
make a loan from the General Fund to the Hazardous Waste Control
Account to meet cash needs. The loan shall be subject to the
repayment provisions of Section 16351 of the Government Code and the
interest provisions of Section 16314 of the Government Code.
(k) The department shall establish, within the Hazardous Waste
Control Account, a reserve of at least one million dollars
($1,000,000) each year to ensure that all programs funded by the
Hazardous Waste Control Account will not be adversely affected by any
revenue shortfalls.
SEC. 11. SEC. 12. Section 4801 of
the Penal Code is amended to read:
4801. (a) The Board of Parole Hearings may report to the
Governor, from time to time, the names of any and all persons
imprisoned in any state prison who, in its judgment, ought to have a
commutation of sentence or be pardoned and set at liberty on account
of good conduct, or unusual term of sentence, or any other cause,
including evidence of intimate partner battering and its effects. For
purposes of this section, "intimate partner battering and its
effects" may include evidence of the nature and effects of physical,
emotional, or mental abuse upon the beliefs, perceptions, or behavior
of victims of domestic violence if it appears the criminal behavior
was the result of that victimization.
(b) (1) The Board of Parole Hearings, in reviewing a prisoner's
suitability for parole pursuant to Section 3041.5, shall give great
weight to any information or evidence that, at the time of the
commission of the crime, the prisoner had experienced intimate
partner battering, but was convicted of an offense that occurred
prior to August 29, 1996. The board shall state on the record the
information or evidence that it considered pursuant to this
subdivision, and the reasons for the parole decision.
(2) The fact that a prisoner has presented evidence of intimate
partner battering cannot be used to support a finding that the
prisoner lacks insight into his or her crime and its causes.
SEC. 12. SEC. 13. Section 11166 of
the Penal Code is amended to read:
11166. (a) Except as provided in subdivision (d), and in Section
11166.05, a mandated reporter shall make a report to an agency
specified in Section 11165.9 whenever the mandated reporter, in his
or her professional capacity or within the scope of his or her
employment, has knowledge of or observes a child whom the mandated
reporter knows or reasonably suspects has been the victim of child
abuse or neglect. The mandated reporter shall make an initial report
by telephone to the agency immediately or as soon as is practicably
possible, and shall prepare and send, fax, or electronically transmit
a written followup report within 36 hours of receiving the
information concerning the incident. The mandated reporter may
include with the report any nonprivileged documentary evidence the
mandated reporter possesses relating to the incident.
(1) For purposes of this article, "reasonable suspicion" means
that it is objectively reasonable for a person to entertain a
suspicion, based upon facts that could cause a reasonable person in a
like position, drawing, when appropriate, on his or her training and
experience, to suspect child abuse or neglect. "Reasonable suspicion"
does not require certainty that child abuse or neglect has occurred
nor does it require a specific medical indication of child abuse or
neglect. Any "reasonable suspicion" is sufficient. For purposes of
this article, the pregnancy of a minor does not, in and of itself,
constitute a basis for a reasonable suspicion of sexual abuse.
(2) The agency shall be notified and a report shall be prepared
and sent, faxed, or electronically transmitted even if the child has
expired, regardless of whether or not the possible abuse was a factor
contributing to the death, and even if suspected child abuse was
discovered during an autopsy.
(3) Any report made by a mandated reporter pursuant to this
section shall be known as a mandated report.
(b) If, after reasonable efforts, a mandated reporter is unable to
submit an initial report by telephone, he or she shall immediately,
or as soon as is practicably possible, by fax or electronic
transmission, make a one-time automated written report on the form
prescribed by the Department of Justice, and shall also be available
to respond to a telephone followup call by the agency with which he
or she filed the report. A mandated reporter who files a one-time
automated written report because he or she was unable to submit an
initial report by telephone is not required to submit a written
followup report.
(1) The one-time automated written report form prescribed by the
Department of Justice shall be clearly identifiable so that it is not
mistaken for a standard written followup report. In addition, the
automated one-time report shall contain a section that allows the
mandated reporter to state the reason the initial telephone call was
not able to be completed. The reason for the submission of the
one-time automated written report in lieu of the procedure prescribed
in subdivision (a) shall be captured in the Child Welfare
Services/Case Management System (CWS/CMS). The department shall work
with stakeholders to modify reporting forms and the CWS/CMS as is
necessary to accommodate the changes enacted by these provisions.
(2) This subdivision shall not become operative until the CWS/CMS
is updated to capture the information prescribed in this subdivision.
(3) This
subdivision shall become inoperative three years after this
subdivision becomes operative or on January 1, 2009, whichever occurs
first.
(4) Nothing in this section shall supersede the requirement that a
mandated reporter first attempt to make a report by telephone, or
that agencies specified in Section 11165.9 accept reports from
mandated reporters and other persons, as required.
(c) Any mandated reporter who fails to report an incident of known
or reasonably suspected child abuse or neglect as required by this
section is guilty of a misdemeanor punishable by up to six months
confinement in a county jail or by a fine of one thousand dollars
($1,000) or by both that imprisonment and fine. If a mandated
reporter intentionally conceals his or her failure to report an
incident known by the mandated reporter to be abuse or severe neglect
under this section, the failure to report is a continuing offense
until an agency specified in Section 11165.9 discovers the offense.
(d) (1) A clergy member who acquires knowledge or a reasonable
suspicion of child abuse or neglect during a penitential
communication is not subject to subdivision (a). For the purposes of
this subdivision, "penitential communication" means a communication,
intended to be in confidence, including, but not limited to, a
sacramental confession, made to a clergy member who, in the course of
the discipline or practice of his or her church, denomination, or
organization, is authorized or accustomed to hear those
communications, and under the discipline, tenets, customs, or
practices of his or her church, denomination, or organization, has a
duty to keep those communications secret.
(2) Nothing in this subdivision shall be construed to modify or
limit a clergy member's duty to report known or suspected child abuse
or neglect when the clergy member is acting in some other capacity
that would otherwise make the clergy member a mandated reporter.
(3) (A) On or before January 1, 2004, a clergy member or any
custodian of records for the clergy member may report to an agency
specified in Section 11165.9 that the clergy member or any custodian
of records for the clergy member, prior to January 1, 1997, in his or
her professional capacity or within the scope of his or her
employment, other than during a penitential communication, acquired
knowledge or had a reasonable suspicion that a child had been the
victim of sexual abuse that the clergy member or any custodian of
records for the clergy member did not previously report the abuse to
an agency specified in Section 11165.9. The provisions of Section
11172 shall apply to all reports made pursuant to this paragraph.
(B) This paragraph shall apply even if the victim of the known or
suspected abuse has reached the age of majority by the time the
required report is made.
(C) The local law enforcement agency shall have jurisdiction to
investigate any report of child abuse made pursuant to this paragraph
even if the report is made after the victim has reached the age of
majority.
(e) (1) Any commercial film, photographic print, or image
processor who has knowledge of or observes, within the scope of his
or her professional capacity or employment, any film, photograph,
videotape, negative, slide, or any representation of information,
data, or an image, including, but not limited to, any film,
filmstrip, photograph, negative, slide, photocopy, videotape, video
laser disc, computer hardware, computer software, computer floppy
disk, data storage medium, CD-ROM, computer-generated equipment, or
computer-generated image depicting a child under 16 years of age
engaged in an act of sexual conduct, shall immediately, or as soon as
practically possible, telephonically report the instance of
suspected abuse to the law enforcement agency located in the county
in which the images are seen. Within 36 hours of receiving the
information concerning the incident, the reporter shall prepare and
send, fax, or electronically transmit a written followup report of
the incident with a copy of the image or material attached.
(2) Any commercial computer technician who has knowledge of or
observes, within the scope of his or her professional capacity or
employment, any representation of information, data, or an image,
including, but not limited, to any computer hardware, computer
software, computer file, computer floppy disk, data storage medium,
CD-ROM, computer-generated equipment, or computer-generated image
that is retrievable in perceivable form and that is intentionally
saved, transmitted, or organized on an electronic medium, depicting a
child under 16 years of age engaged in an act of sexual conduct,
shall immediately, or as soon as practicably possible, telephonically
report the instance of suspected abuse to the law enforcement agency
located in the county in which the images or material are seen. As
soon as practicably possible after receiving the information
concerning the incident, the reporter shall prepare and send, fax, or
electronically transmit a written followup report of the incident
with a brief description of the images or materials.
(3) For purposes of this article, "commercial computer technician"
includes an employee designated by an employer to receive reports
pursuant to an established reporting process authorized by
subparagraph (B) of paragraph (41) of subdivision (a) of Section
11165.7.
(4) As used in this subdivision, "electronic medium" includes, but
is not limited to, a recording, CD-ROM, magnetic disk memory,
magnetic tape memory, CD, DVD, thumbdrive, or any other computer
hardware or media.
(5) As used in this subdivision, "sexual conduct" means any of the
following:
(A) Sexual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between persons of the same or
opposite sex or between humans and animals.
(B) Penetration of the vagina or rectum by any object.
(C) Masturbation for the purpose of sexual stimulation of the
viewer.
(D) Sadomasochistic abuse for the purpose of sexual stimulation of
the viewer.
(E) Exhibition of the genitals, pubic, or rectal areas of any
person for the purpose of sexual stimulation of the viewer.
(f) Any mandated reporter who knows or reasonably suspects that
the home or institution in which a child resides is unsuitable for
the child because of abuse or neglect of the child shall bring the
condition to the attention of the agency to which, and at the same
time as, he or she makes a report of the abuse or neglect pursuant to
subdivision (a).
(g) Any other person who has knowledge of or observes a child whom
he or she knows or reasonably suspects has been a victim of child
abuse or neglect may report the known or suspected instance of child
abuse or neglect to an agency specified in Section 11165.9. For
purposes of this section, "any other person" includes a mandated
reporter who acts in his or her private capacity and not in his or
her professional capacity or within the scope of his or her
employment.
(h) When two or more persons, who are required to report, jointly
have knowledge of a known or suspected instance of child abuse or
neglect, and when there is agreement among them, the telephone report
may be made by a member of the team selected by mutual agreement and
a single report may be made and signed by the selected member of the
reporting team. Any member who has knowledge that the member
designated to report has failed to do so shall thereafter make the
report.
(i) (1) The reporting duties under this section are individual,
and no supervisor or administrator may impede or inhibit the
reporting duties, and a person making a report shall not be subject
to any sanction for making the report. However, internal procedures
to facilitate reporting and apprise supervisors and administrators of
reports may be established provided that the internal procedures are
not inconsistent with this article.
(2) The internal procedures shall not require any employee
required to make reports pursuant to this article to disclose his or
her identity to the employer.
(3) Reporting the information regarding a case of possible child
abuse or neglect to an employer, supervisor, school principal, school
counselor, coworker, or other person shall not be a substitute for
making a mandated report to an agency specified in Section 11165.9.
(j) A county probation or welfare department shall immediately, or
as soon as practicably possible, report by telephone, fax, or
electronic transmission to the law enforcement agency having
jurisdiction over the case, to the agency given the responsibility
for investigation of cases under Section 300 of the Welfare and
Institutions Code, and to the district attorney's office every known
or suspected instance of child abuse or neglect, as defined in
Section 11165.6, except acts or omissions pursuant to subdivision (b)
of Section 11165.2, or reports made pursuant to Section 11165.13
based on risk to a child that relates solely to the inability of the
parent to provide the child with regular care due to the parent's
substance abuse, which shall be reported only to the county welfare
or probation department. A county probation or welfare department
also shall send, fax, or electronically transmit a written report
thereof within 36 hours of receiving the information concerning the
incident to any agency to which it makes a telephone report under
this subdivision.
(k) A law enforcement agency shall immediately, or as soon as
practicably possible, report by telephone, fax, or electronic
transmission to the agency given responsibility for investigation of
cases under Section 300 of the Welfare and Institutions Code and to
the district attorney's office every known or suspected instance of
child abuse or neglect reported to it, except acts or omissions
pursuant to subdivision (b) of Section 11165.2, which shall be
reported only to the county welfare or probation department. A law
enforcement agency shall report to the county welfare or probation
department every known or suspected instance of child abuse or
neglect reported to it which is alleged to have occurred as a result
of the action of a person responsible for the child's welfare, or as
the result of the failure of a person responsible for the child's
welfare to adequately protect the minor from abuse when the person
responsible for the child's welfare knew or reasonably should have
known that the minor was in danger of abuse. A law enforcement agency
also shall send, fax, or electronically transmit a written report
thereof within 36 hours of receiving the information concerning the
incident to any agency to which it makes a telephone report under
this subdivision.
SEC. 13. SEC. 14. Section 4214 of
the Public Resources Code is amended to read:
4214. (a) Fire prevention fees collected pursuant to this chapter
shall be expended, upon appropriation by the Legislature, as
follows:
(1) The State Board of Equalization shall retain moneys necessary
for the payment of refunds pursuant to Section 4228 and reimbursement
of the State Board of Equalization for expenses incurred in the
collection of the fee.
(2) The moneys collected, other than that retained by the State
Board of Equalization pursuant to paragraph (1), shall be deposited
into the State Responsibility Area Fire Prevention Fund, which is
hereby created in the State Treasury, and shall be available to the
board and the department to expend for fire prevention activities
specified in subdivision (d) that benefit the owners of structures
within a state responsibility area who are required to pay the fire
prevention fee. The amount expended to benefit the owners of
structures within a state responsibility area shall be commensurate
with the amount collected from the owners within that state
responsibility area. All moneys in excess of the costs of
administration of the board and the department shall be expended only
for fire prevention activities in counties with state responsibility
areas.
(b) (1) The fund may also be used to cover the costs of
administering this chapter.
(2) The fund shall cover all startup costs incurred over a period
not to exceed two years.
(c) It is the intent of the Legislature that the moneys in this
fund be fully appropriated to the board and the department each year
in order to effectuate the purposes of this chapter.
(d) Moneys in the fund shall be used only for the following fire
prevention activities, which shall benefit owners of structures
within the state responsibility areas who are required to pay the
annual fire prevention fee pursuant to this chapter:
(1) Local assistance grants pursuant to subdivision (e).
(2) Grants to Fire Safe Councils, the California Conservation
Corps, or certified local conservation corps for fire prevention
projects and activities in the state responsibility areas.
(3) Grants to a qualified nonprofit organization with a
demonstrated ability to satisfactorily plan, implement, and complete
a fire prevention project applicable to the state responsibility
areas. The department may establish other qualifying criteria.
(4) Inspections by the department for compliance with defensible
space requirements around structures in state responsibility areas as
required by Section 4291.
(5) Public education to reduce fire risk in the state
responsibility areas.
(6) Fire severity and fire hazard mapping by the department in the
state responsibility areas.
(7) Other fire prevention projects in the state responsibility
areas, authorized by the board.
(e) (1) The board shall establish a local assistance grant program
for fire prevention activities designed to benefit structures within
state responsibility areas, including public education, that are
provided by counties and other local agencies, including special
districts, with state responsibility areas within their
jurisdictions.
(2) In order to ensure an equitable distribution of funds, the
amount of each grant shall be based on the number of structures in
state responsibility areas for which the applicant is legally
responsible and the amount of moneys made available in the annual
Budget Act for this local assistance grant program.
(f) By January 1, 2013, and annually thereafter, the board shall
submit to the Legislature a written report on the status and uses of
the fund pursuant to this chapter. The board shall work
collaboratively with the Department of Forestry and Fire Protection
in preparing the written report pursuant to this subdivision. The
written report shall also include an evaluation of the benefits
received by counties based on the number of structures in state
responsibility areas within their jurisdictions, the effectiveness of
the board's grant programs, the number of defensible space
inspections in the reporting period, the degree of compliance with
defensible space requirements, measures to increase compliance, if
any, and any recommendations to the Legislature.
(g) (1) The requirement for submitting a report imposed under
subdivision (f) is inoperative on January 1, 2017, pursuant to
Section 10231.5 of the Government Code.
(2) A report to be submitted pursuant to subdivision (f) shall be
submitted in compliance with Section 9795 of the Government Code.
(h) It is essential that this article be implemented without
delay. To permit timely implementation, the department may contract
for services related to the establishment of the fire prevention fee
collection process. For this purpose only, and for a period not to
exceed 24 months, the provisions of the Public Contract Code or any
other provision of law related to public contracting shall not apply.
SEC. 14. SEC. 15. Section 25722.8 of
the Public Resources Code is amended to read:
25722.8. (a) On or before July 1, 2009, the Secretary of State
and Consumer Services, in consultation with the Department of General
Services and other appropriate state agencies that maintain or
purchase vehicles for the state fleet, including the campuses of the
California State University, shall develop and implement, and submit
to the Legislature and the Governor, a plan to improve the overall
state fleet's use of alternative fuels, synthetic lubricants, and
fuel-efficient vehicles by reducing or displacing the consumption of
petroleum products by the state fleet when compared to the 2003
consumption level based on the following schedule:
(1) By January 1, 2012, a 10-percent reduction or displacement.
(2) By January 1, 2020, a 20-percent reduction or displacement.
(b) Beginning April 1, 2010, and annually thereafter, the
Department of General Services shall prepare a progress report on
meeting the goals specified in subdivision (a). The Department of
General Services shall post the progress report on its Internet Web
site.
(c) (1) The Department of General Services shall encourage, to the
extent feasible, the operation of state alternatively fueled
vehicles on the alternative fuel for which the vehicle is designed
and the development of commercial infrastructure for alternative fuel
pumps and charging stations at or near state vehicle fueling or
parking sites.
(2) The Department of General Services shall work with other
public agencies to incentivize and promote, to the extent feasible,
state employee operation of alternatively fueled vehicles through
preferential or reduced-cost parking, access to charging, or other
means.
(3) For purposes of this subdivision, "alternatively fueled
vehicles" means light-, medium-, and heavy-duty vehicles that reduce
petroleum usage and related emissions by using advanced technologies
and fuels, including, but not limited to, hybrid, plug-in hybrid,
battery electric, natural gas, or fuel cell vehicles and including
those vehicles described in Section 5205.5 of the Vehicle Code.
SEC. 16. Section 8352.4 of the Revenue
and Taxation Code is amended to read:
8352.4. (a) Subject to Sections 8352 and 8352.1, and except as
otherwise provided in subdivision (b), there shall be transferred
from the money deposited to the credit of the Motor Vehicle Fuel
Account to the Harbors and Watercraft Revolving Fund, for expenditure
in accordance with Division 1 (commencing with Section 30) of the
Harbors and Navigation Code, the sum of six million six hundred
thousand dollars ($6,600,000) per annum, representing the amount of
money in the Motor Vehicle Fuel Account attributable to taxes imposed
on distributions of motor vehicle fuel used or usable in propelling
vessels. The actual amount shall be calculated using the annual
reports of registered boats prepared by the Department of Motor
Vehicles for the United States Coast Guard and the formula and method
of the December 1972 report prepared for this purpose and submitted
to the Legislature on December 26, 1972, by the Director of
Transportation. If the amount transferred during each fiscal year is
in excess of the calculated amount, the excess shall be retransferred
from the Harbors and Watercraft Revolving Fund to the Motor Vehicle
Fuel Account. If the amount transferred is less than the amount
calculated, the difference shall be transferred from the Motor
Vehicle Fuel Account to the Harbors and Watercraft Revolving Fund. No
adjustment shall be made if the computed difference is less than
fifty thousand dollars ($50,000), and the amount shall be adjusted to
reflect any temporary or permanent increase or decrease that may be
made in the rate under the Motor Vehicle Fuel Tax Law. Payments
pursuant to this section shall be made prior to payments pursuant to
Section 8352.2.
(b) Commencing July 1, 2012, the revenues attributable to the
taxes imposed pursuant to subdivision (b) of Section 7360 and Section
7361.1 and otherwise to be deposited in the Harbors and Watercraft
Revolving Fund pursuant to subdivision (a) shall instead be
transferred to the General Fund. The revenues attributable to the
taxes imposed pursuant to subdivision (b) of Section 7360 and Section
7361.1 that were deposited in the Harbors and Watercraft Revolving
Fund in the 2010-11 and 2011-12 fiscal years shall be transferred to
the General Fund.
(c) When deemed necessary by the Department of Transportation and
the Department of Boating and Waterways, the Department of
Transportation, after consultation with the Department of Boating and
Waterways, shall prepare, or cause to be prepared, an updated report
setting forth the current estimate of the amount of money credited
to the Motor Vehicle Fuel Account attributable to taxes imposed on
distributions of motor vehicle fuel used or usable in propelling
vessels. The Department of Transportation shall submit the report to
the Legislature upon its completion.
SEC. 15. SEC. 17. Section 9250.14 of
the Vehicle Code is amended to read:
9250.14. (a) (1) In addition to any other fees specified in this
code and the Revenue and Taxation Code, upon the adoption of a
resolution by any county board of supervisors, a fee of one dollar
($1) shall be paid at the time of registration or renewal of
registration of every vehicle, except vehicles described in
subdivision (a) of Section 5014.1, registered to an address within
that county except those expressly exempted from payment of
registration fees. The fees, after deduction of the administrative
costs incurred by the department in carrying out this section, shall
be paid quarterly to the Controller.
(2) (A) If the County of Los Angeles, the County of San Diego, or
the County of San Bernardino has adopted a resolution to impose a
one-dollar ($1) fee pursuant to paragraph (1), the county may
increase the fee specified in paragraph (1) to two dollars ($2) in
the same manner as the imposition of the initial fee pursuant to
paragraph (1). The two dollars ($2) shall be paid at the time of
registration or renewal of registration of a vehicle, and quarterly
to the Controller, as provided in paragraph (1).
(B) A resolution to increase the fee from one dollar ($1) to two
dollars ($2) pursuant to subparagraph (A) shall be submitted to the
department at least six months prior to the operative date of the fee
increase.
(3) In addition to the service fee imposed pursuant to paragraph
(1), and upon the implementation of the permanent trailer
identification plate program, and as part of the Commercial Vehicle
Registration Act of 2001 (Chapter 861 of the Statutes of 2000), all
commercial motor vehicles subject to Section 9400.1 registered to an
owner with an address in the county that established a service
authority under this section, shall pay an additional service fee of
two dollars ($2).
(4) (A) If a county imposes a service fee of two dollars ($2) by
adopting a resolution pursuant to subparagraph (A) of paragraph (2),
the fee specified in paragraph (3) shall be increased to four dollars
($4).The four dollars ($4) shall be paid at the time of registration
or renewal of registration of a vehicle, and quarterly to the
Controller as provided in paragraph (1).
(B) A resolution to increase the additional service fee from two
dollars ($2) to four dollars ($4) pursuant to subparagraph (A) shall
be submitted to the department at least six months prior to the
operative date of the fee increase.
(b) Notwithstanding Section 13340 of the Government Code, the
moneys paid to the Controller are continuously appropriated, without
regard to fiscal years, for the administrative costs of the
Controller, and for disbursement by the Controller to each county
that has adopted a resolution pursuant to subdivision (a), based upon
the number of vehicles registered, or whose registration is renewed,
to an address within that county.
(c) Except as otherwise provided in this subdivision, moneys
allocated to a county pursuant to subdivision (b) shall be expended
exclusively to fund programs that enhance the capacity of local
police and prosecutors to deter, investigate, and prosecute vehicle
theft crimes. In any county with a population of 250,000 or less, the
moneys shall be expended exclusively for those vehicle theft crime
programs and for the prosecution of crimes involving driving while
under the influence of alcohol or drugs, or both, in violation of
Section 23152 or 23153, or vehicular manslaughter in violation of
Section 191.5 of the Penal Code or subdivision (c) of Section 192 of
the Penal Code, or any combination of those crimes.
(d) The moneys collected pursuant to this section shall not be
expended to offset a reduction in any other source of funds or for
any other purpose not authorized under this section.
(e) Any funds received by a county prior to January 1, 2000,
pursuant to this section, that are not expended to deter,
investigate, or prosecute crimes pursuant to subdivision (c) shall be
returned to the Controller, for deposit in the Motor Vehicle Account
in the State Transportation Fund. Those funds received by a county
shall be expended in accordance with this section.
(f) Each county that adopts a resolution under subdivision (a)
shall submit, on or before the 13th day following the end of each
quarter, a quarterly expenditure and activity report to the
designated statewide Vehicle Theft Investigation and Apprehension
Coordinator in the Department of the California Highway Patrol.
(g) A county that imposes a fee under subdivision (a) shall issue
a fiscal yearend report to the Controller on or before August 31 of
each year. The report shall include a detailed accounting of the
funds received and expended in the immediately preceding fiscal year,
including, at a minimum, all of the following:
(1) The amount of funds received and expended by the county under
subdivision (b) for the immediately preceding fiscal year.
(2) The total expenditures by the county under subdivision (c) for
the immediately preceding fiscal year.
(3) Details of expenditures made by the county under subdivision
(c), including salaries and expenses, purchase of equipment and
supplies, and any other expenditures made listed by type with an
explanatory comment.
(4) A summary of vehicle theft abatement activities and other
vehicle theft programs funded by the fees collected under this
section.
(5) The total number of stolen vehicles recovered and the value of
those vehicles during the immediately preceding fiscal year.
(6) The total number of vehicles stolen during the immediately
preceding fiscal year as compared to the fiscal year prior to the
immediately preceding fiscal year.
(7) Any additional, unexpended fee revenues received under
subdivision (b) for the county for the immediately preceding fiscal
year.
(h) Each county that fails to submit the report
required pursuant to subdivision (g) by November 30 of each year
shall have the fee suspended by the Controller for one year,
commencing on July 1 following the Controller's determination that a
county has failed to submit the report.
(i) (1) On or before January 1, 2013, and on or before January 1
of each year, the Controller shall provide to the Department of the
California Highway Patrol copies of the yearend reports submitted by
the counties under subdivision (g), and, in consultation with the
Department of the California Highway Patrol, shall review the fiscal
yearend reports submitted by each county pursuant to subdivision (g)
to determine if fee revenues are being utilized in a manner
consistent with this section. If the Controller determines that the
use of the fee revenues is not consistent with this section, the
Controller shall consult with the participating counties' designated
regional coordinators. If the Controller determines that use of the
fee revenues is still not consistent with this section, the authority
to collect the fee by that county shall be suspended for one year.
(2) If the Controller determines that a county has not submitted a
fiscal yearend report as required in subdivision (g), the
authorization to collect the service fee shall be suspended for one
year pursuant to subdivision (h).
(3) If the Controller determines that a fee shall be suspended for
a county, the Controller shall inform the Department of Motor
Vehicles on or before January 1 of each year that the authority to
collect a fee for that county is suspended.
(j) For the purposes of this section, a county-designated regional
coordinator is that agency designated by the participating county's
board of supervisors as the agency in control of its countywide
vehicle theft apprehension program.
(k) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted statute
that is enacted on or before January 1, 2018, deletes or extends
that date.
SEC. 18. Section 4024 of the Welfare
and Institutions Code is amended to read:
4024. The State Department of State Hospitals proposed
allocations for level-of-care staffing in state hospitals that serve
persons with mental disabilities shall be submitted to the Department
of Finance for review and approval in July and again on a quarterly
basis. Each quarterly report shall include an analysis of client
characteristics of admissions and discharges in addition to
information on any changes in characteristics of current residents.
The State Department of State Hospitals shall submit by January 1
and May 1 to the Department of Finance for its approval: (a) all
assumptions underlying estimates of state hospital mentally disabled
population; and (b) a comparison of the actual and estimated
population levels for the year to date. If the actual population
differs from the estimated population by 50 or more, the department
shall include in its reports an analysis of the causes of the change
and the fiscal impact. The Department of Finance shall approve or
modify the assumptions underlying all population estimates within 15
working days of their submission. If the Department of Finance does
not approve or modify the assumptions by that date, the assumptions,
as presented by the submitting department, shall be deemed to be
accepted by the Department of Finance as of that date. The
estimates of populations and the comparison of actual versus
estimated population levels shall be made available to the Joint
Legislative Budget Committee immediately following approval by the
Department of Finance.
The Department of Finance shall also make available to the Joint
Legislative Budget Committee a listing of all of the approved
assumptions and the impact of each assumption, as well as all
supporting data provided by the State Department of State Hospitals
or developed independently by the Department of Finance. However, the
departmental estimates, assumptions, and other supporting data as
have been prepared shall be forwarded to the Joint Legislative Budget
Committee not later than January 15 or May 15 by the State
Department of State Hospitals in the event this information has not
been released earlier.
SEC. 16. SEC. 19. Section 11462 of
the Welfare and Institutions Code is amended to read:
11462. (a) (1) Effective July 1, 1990, foster care providers
licensed as group homes, as defined in departmental regulations,
including public child care institutions, as defined in Section
11402.5, shall have rates established by classifying each group home
program and applying the standardized schedule of rates. The
department shall collect information from group providers beginning
January 1, 1990, in order to classify each group home program.
(2) Notwithstanding paragraph (1), foster care providers licensed
as group homes shall have rates established only if the group home is
organized and operated on a nonprofit basis as required under
subdivision (h) of Section 11400. The department shall terminate the
rate effective January 1, 1993, of any group home not organized and
operated on a nonprofit basis as required under subdivision (h) of
Section 11400.
(3) (A) The department shall determine, consistent with the
requirements of this chapter and other relevant requirements under
law, the rate classification level (RCL) for each group home program
on a biennial basis. Submission of the biennial rate application
shall be made according to a schedule determined by the department.
(B) The department shall adopt regulations to implement this
paragraph. The adoption, amendment, repeal, or readoption of a
regulation authorized by this paragraph is deemed to be necessary for
the immediate preservation of the public peace, health and safety,
or general welfare, for purposes of Sections 11346.1 and 11349.6 of
the Government Code, and the department is hereby exempted from the
requirement to describe specific facts showing the need for immediate
action.
(b) A group home program shall be initially classified, for
purposes of emergency regulations, according to the level of care and
services to be provided using a point system developed by the
department and described in the report, "The Classification of Group
Home Programs under the Standardized Schedule of Rates System,"
prepared by the State Department of Social Services, August 30, 1989.
(c) The rate for each RCL has been determined by the department
with data from the AFDC-FC Group Home Rate Classification Pilot
Study. The rates effective July 1, 1990, were developed using 1985
calendar year costs and reflect adjustments to the costs for each
fiscal year, starting with the 1986-87 fiscal year, by the amount of
the California Necessities Index computed pursuant to the methodology
described in Section 11453. The data obtained by the department
using 1985 calendar year costs shall be updated and revised by
January 1, 1993.
(d) As used in this section, "standardized schedule of rates"
means a listing of the 14 rate classification levels, and the single
rate established for each RCL.
(e) Except as specified in paragraph (1), the department shall
determine the RCL for each group home program on a prospective basis,
according to the level of care and services that the group home
operator projects will be provided during the period of time for
which the rate is being established.
(1) (A) (i) For new and existing providers requesting the
establishment of an RCL, and for existing group home programs
requesting an RCL increase, the department shall determine the RCL no
later than 13 months after the effective date of the provisional
rate. The determination of the RCL shall be based on a program audit
of documentation and other information that verifies the level of
care and supervision provided by the group home program during a
period of the two full calendar months or 60 consecutive days,
whichever is longer, preceding the date of the program audit, unless
the group home program requests a lower RCL. The program audit shall
not cover the first six months of operation under the provisional
rate.
(ii) For audit purposes, if the group home program serves a
mixture of AFDC-FC eligible and ineligible children, the weighted
hours for child care and social work services provided and the
capacity of the group home shall be adjusted by the ratio of AFDC-FC
eligible children to all children in placement.
(iii) Pending the department's issuance of the program audit
report that determines the RCL for the group home program, the group
home program shall be eligible to receive a provisional rate that
shall be based on the level of care and service that the group home
program proposes it will provide. The group home program shall be
eligible to receive only the RCL determined by the department during
the pendency of any appeal of the department's RCL determination.
(B) A group home program may apply for an increase in its RCL no
earlier than two years from the date the department has determined
the group home program's rate, unless the host county, the primary
placing county, or a regional consortium of counties submits to the
department in writing that the program is needed in that county, that
the provider is capable of effectively and efficiently operating the
proposed program, and that the provider is willing and able to
accept AFDC-FC children for placement who are determined by the
placing agency to need the level of care and services that will be
provided by the program.
(C) To ensure efficient administration of the department's audit
responsibilities, and to avoid the fraudulent creation of records,
group home programs shall make records that are relevant to the RCL
determination available to the department in a timely manner. Except
as provided in this section, the department may refuse to consider,
for purposes of determining the rate, any documents that are relevant
to the determination of the RCL that are not made available by the
group home provider by the date the group home provider requests a
hearing on the department's RCL determination. The department may
refuse to consider, for purposes of determining the rate, the
following records, unless the group home provider makes the records
available to the department during the fieldwork portion of the
department's program audit:
(i) Records of each employee's full name, home address,
occupation, and social security number.
(ii) Time records showing when the employee begins and ends each
work period, meal periods, split shift intervals, and total daily
hours worked.
(iii) Total wages paid each payroll period.
(iv) Records required to be maintained by licensed group home
providers under Title 22 of the California Code of Regulations that
are relevant to the RCL determination.
(D) To minimize financial abuse in the startup of group home
programs, when the department's RCL determination is more than three
levels lower than the RCL level proposed by the group home provider,
and the group home provider does not appeal the department's RCL
determination, the department shall terminate the rate of a group
home program 45 days after issuance of its program audit report. When
the group home provider requests a hearing on the department's RCL
determination, and the RCL determined by the director under
subparagraph (E) is more than three levels lower than the RCL level
proposed by the group home provider, the department shall terminate
the rate of a group home program within 30 days of issuance of the
director's decision. Notwithstanding the reapplication provisions in
subparagraph (B), the department shall deny any request for a new or
increased RCL from a group home provider whose RCL is terminated
pursuant to this subparagraph, for a period of no greater than two
years from the effective date of the RCL termination.
(E) A group home provider may request a hearing of the department'
s RCL determination under subparagraph (A) no later than 30 days
after the date the department issues its RCL determination. The
department's RCL determination shall be final if the group home
provider does not request a hearing within the prescribed time.
Within 60 days of receipt of the request for hearing, the department
shall conduct a hearing on the RCL determination. The standard of
proof shall be the preponderance of the evidence and the burden of
proof shall be on the department. The hearing officer shall issue the
proposed decision within 45 days of the close of the evidentiary
record. The director shall adopt, reject, or modify the proposed
decision, or refer the matter back to the hearing officer for
additional evidence or findings within 100 days of issuance of the
proposed decision. If the director takes no action on the proposed
decision within the prescribed time, the proposed decision shall take
effect by operation of law.
(2) Group home programs that fail to maintain at least the level
of care and services associated with the RCL upon which their rate
was established shall inform the department. The department shall
develop regulations specifying procedures to be applied when a group
home fails to maintain the level of services projected, including,
but not limited to, rate reduction and recovery of overpayments.
(3) The department shall not reduce the rate, establish an
overpayment, or take other actions pursuant to paragraph (2) for any
period that a group home program maintains the level of care and
services associated with the RCL for children actually residing in
the facility. Determinations of levels of care and services shall be
made in the same way as modifications of overpayments are made
pursuant to paragraph (2) of subdivision (b) of Section 11466.2.
(4) A group home program that substantially changes its staffing
pattern from that reported in the group home program statement shall
provide notification of this change to all counties that have placed
children currently in care. This notification shall be provided
whether or not the RCL for the program may change as a result of the
change in staffing pattern.
(f) (1) The standardized schedule of rates for the 2002-03,
2003-04, 2004-05, 2005-06, 2006-07, and 2007-08 fiscal years is:
Rate Point Ranges FY 2002-03,
2003-04,
2004-05, 2005-
Classification 06, 2006-07,
and 2007-
08
Level Standard Rate
1 Under 60 $1,454
2 60-89 1,835
3 90-119 2,210
4 120-149 2,589
5 150-179 2,966
6 180-209 3,344
7 210-239 3,723
8 240-269 4,102
9 270-299 4,479
10 300-329 4,858
11 330-359 5,234
12 360-389 5,613
13 390-419 5,994
14 420 & Up 6,371
(2) (A) For group home programs that receive AFDC-FC payments for
services performed during the 2002-03, 2003-04, 2004-05, 2005-06,
2006-07, 2007-08, 2008-09, and 2009-10 fiscal years, the adjusted RCL
point ranges below shall be used for establishing the biennial rates
for existing programs, pursuant to paragraph (3) of subdivision (a)
and in performing program audits and in determining any resulting
rate reduction, overpayment assessment, or other actions pursuant to
paragraph (2) of subdivision (e):
Rate Adjusted Point Ranges
Classification for the 2002-03, 2003-04,
2004-05, 2005-06, 2006-07,
2007-08, 2008-09, and 2009-10
Level Fiscal Years
1 Under 54
2 54- 81
3 82-110
4 111-138
5 139-167
6 168-195
7 196-224
8 225-253
9 254-281
10 282-310
11 311-338
12 339-367
13 368-395
14 396 & Up
(B) Notwithstanding subparagraph (A), foster care providers
operating group homes during the 2002-03, 2003-04, 2004-05, 2005-06,
2006-07, 2007-08, 2008-09, and 2009-10 fiscal years shall remain
responsible for ensuring the health and safety of the children placed
in their programs in accordance with existing applicable provisions
of the Health and Safety Code and community care licensing
regulations, as contained in Title 22 of the Code of California
Regulations.
(C) Subparagraph (A) shall not apply to program audits of group
home programs with provisional rates established pursuant to
paragraph (1) of subdivision (e). For those program audits, the RCL
point ranges in paragraph (1) shall be used.
(D) Rates applicable for the 2009-10 fiscal year pursuant to the
act that adds this subparagraph shall be effective October 1, 2009.
(3) (A) For group home programs that receive AFDC-FC payments for
services performed during the 2009-10 fiscal year the adjusted RCL
point ranges below shall be used for establishing the biennial rates
for existing programs, pursuant to paragraph (3) of subdivision (a)
and in performing program audits and in determining any resulting
rate reduction, overpayment assessment, or other actions pursuant to
paragraph (2) of subdivision (e):
Rate Adjusted Point Ranges
Classification for the 2009-10
Level Fiscal Years
1 Under 39
2 39-64
3 65-90
4 91-115
5 116-141
6 142-167
7 168-192
8 193-218
9 219-244
10 245-270
11 271-295
12 296-321
13 322-347
14 348 & Up
(B) Notwithstanding subparagraph (A), foster care providers
operating group homes during the 2009-10 fiscal year shall remain
responsible for ensuring the health and safety of the children placed
in their programs in accordance with existing applicable provisions
of the Health and Safety Code and community care licensing
regulations as contained in Title 22 of the California Code of
Regulations.
(C) Subparagraph (A) shall not apply to program audits of group
home programs with provisional rates established pursuant to
paragraph (1) of subdivision (e). For those program audits, the RCL
point ranges in paragraph (1) shall be used.
(g) (1) (A) For the 1999-2000 fiscal year, the standardized rate
for each RCL shall be adjusted by an amount equal to the California
Necessities Index computed pursuant to the methodology described in
Section 11453. The resultant amounts shall constitute the new
standardized schedule of rates, subject to further adjustment
pursuant to subparagraph (B).
(B) In addition to the adjustment in subparagraph (A), commencing
January 1, 2000, the standardized rate for each RCL shall be
increased by 2.36 percent, rounded to the nearest dollar. The
resultant amounts shall constitute the new standardized schedule of
rates.
(2) Beginning with the 2000-01 fiscal year, the standardized
schedule of rates shall be adjusted annually by an amount equal to
the CNI computed pursuant to Section 11453, subject to the
availability of funds. The resultant amounts shall constitute the new
standardized schedule of rates.
(3) Effective January 1, 2001, the amount included in the standard
rate for each Rate Classification Level (RCL) for the salaries,
wages, and benefits for staff providing child care and supervision or
performing social work activities, or both, shall be increased by 10
percent. This additional funding shall be used by group home
programs solely to supplement staffing, salaries, wages, and benefit
levels of staff specified in this paragraph. The standard rate for
each RCL shall be recomputed using this adjusted amount and the
resultant rates shall constitute the new standardized schedule of
rates. The department may require a group home receiving this
additional funding to certify that the funding was utilized in
accordance with the provisions of this section.
(4) Effective January 1, 2008, the amount included in the standard
rate for each RCL for the wages for staff providing child care and
supervision or performing social work activities, or both, shall be
increased by 5 percent, and the amount included for the payroll taxes
and other employer-paid benefits for these staff shall be increased
from 20.325 percent to 24 percent. The standard rate for each RCL
shall be recomputed using these adjusted amounts, and the resulting
rates shall constitute the new standardized schedule of rates.
(5) The new standardized schedule of rates as provided for in
paragraph (4) shall be reduced by 10 percent, effective October 1,
2009, and the resulting rates shall constitute the new standardized
schedule of rates.
(6) The rates of licensed group home providers, whose rates are
not established under the standardized schedule of rates, shall be
reduced by 10 percent, effective October 1, 2009.
(h) The standardized schedule of rates pursuant to subdivisions
(f) and (g) shall be implemented as follows:
(1) Any group home program that received an AFDC-FC rate in the
prior fiscal year at or above the standard rate for the RCL in the
current fiscal year shall continue to receive that rate.
(2) Any group home program that received an AFDC-FC rate in the
prior fiscal year below the standard rate for the RCL in the current
fiscal year shall receive the RCL rate for the current year.
(i) (1) The department shall not establish a rate for a new
program of a new or existing provider, or for an existing program at
a new location of an existing provider, unless the provider submits a
letter of recommendation from the host county, the primary placing
county, or a regional consortium of counties that includes all of the
following:
(A) That the program is needed by that county.
(B) That the provider is capable of effectively and efficiently
operating the program.
(C) That the provider is willing and able to accept AFDC-FC
children for placement who are determined by the placing agency to
need the level of care and services that will be provided by the
program.
(D) That, if the letter of recommendation is not being issued by
the host county, the primary placing county has notified the host
county of its intention to issue the letter and the host county was
given the opportunity of 30 days to respond to this notification and
to discuss options with the primary placing county.
(2) The department shall encourage the establishment of consortia
of county placing agencies on a regional basis for the purpose of
making decisions and recommendations about the need for, and use of,
group home programs and other foster care providers within the
regions.
(3) The department shall annually conduct a county-by-county
survey to determine the unmet placement needs of children placed
pursuant to Section 300 and Section 601 or 602, and shall publish its
findings by November 1 of each year.
(j) The department shall develop regulations specifying
ratesetting procedures for program expansions, reductions, or
modifications, including increases or decreases in licensed capacity,
or increases or decreases in level of care or services.
(k) For the purpose of this subdivision, "program change" means
any alteration to an existing group home program planned by a
provider that will increase the RCL or AFDC-FC rate. An increase in
the licensed capacity or other alteration to an existing group home
program that does not increase the RCL or AFDC-FC rate shall not
constitute a program change.
(l) General unrestricted or undesignated private charitable
donations and contributions made to charitable or nonprofit
organizations shall not be deducted from the cost of providing
services pursuant to this section. The donations and contributions
shall not be considered in any determination of maximum expenditures
made by the department.
SEC. 17. SEC. 20. Section 14132 of
the Welfare and Institutions Code is amended to read:
14132. The schedule of benefits under this chapter is as follows:
(a) Outpatient services are covered as follows:
Physician, hospital or clinic outpatient, surgical center,
respiratory care, optometric, chiropractic, psychology, podiatric,
occupational therapy, physical therapy, speech therapy, audiology,
acupuncture to the extent federal matching funds are provided for
acupuncture, and services of persons rendering treatment by prayer or
healing by spiritual means in the practice of any church or
religious denomination insofar as these can be encompassed by federal
participation under an approved plan, subject to utilization
controls.
(b) (1) Inpatient hospital services, including, but not limited
to, physician and podiatric services, physical therapy and
occupational therapy, are covered subject to utilization controls.
(2) For Medi-Cal fee-for-service beneficiaries, emergency services
and care that are necessary for the treatment of an emergency
medical condition and medical care directly related to the emergency
medical condition. This paragraph shall not be construed to change
the obligation of Medi-Cal managed care plans to provide emergency
services and care. For the purposes of this paragraph, "emergency
services and care" and "emergency medical condition" shall have the
same meanings as those terms are defined in Section 1317.1 of the
Health and Safety Code.
(c) Nursing facility services, subacute care services, and
services provided by any category of intermediate care facility for
the developmentally disabled, including podiatry, physician, nurse
practitioner services, and prescribed drugs, as described in
subdivision (d), are covered subject
to utilization controls. Respiratory care, physical
therapy, occupational therapy, speech therapy, and audiology services
for patients in nursing facilities and any category of intermediate
care facility for the developmentally disabled are covered subject to
utilization controls.
(d) (1) Purchase of prescribed drugs is covered subject to the
Medi-Cal List of Contract Drugs and utilization controls.
(2) Purchase of drugs used to treat erectile dysfunction or any
off-label uses of those drugs are covered only to the extent that
federal financial participation is available.
(3) (A) To the extent required by federal law, the purchase of
outpatient prescribed drugs, for which the prescription is executed
by a prescriber in written, nonelectronic form on or after April 1,
2008, is covered only when executed on a tamper resistant
prescription form. The implementation of this paragraph shall conform
to the guidance issued by the federal Centers of Medicare and
Medicaid Services but shall not conflict with state statutes on the
characteristics of tamper resistant prescriptions for controlled
substances, including Section 11162.1 of the Health and Safety Code.
The department shall provide providers and beneficiaries with as much
flexibility in implementing these rules as allowed by the federal
government. The department shall notify and consult with appropriate
stakeholders in implementing, interpreting, or making specific this
paragraph.
(B) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may take the actions specified in subparagraph (A) by
means of a provider bulletin or notice, policy letter, or other
similar instructions without taking regulatory action.
(4) (A) (i) For the purposes of this paragraph, nonlegend has the
same meaning as defined in subdivision (a) of Section 14105.45.
(ii) Nonlegend acetaminophen-containing products, with the
exception of children's acetaminophen-containing products, selected
by the department are not covered benefits.
(iii) Nonlegend cough and cold products selected by the department
are not covered benefits. This clause shall be implemented on the
first day of the first calendar month following 90 days after the
effective date of the act that added this clause, or on the first day
of the first calendar month following 60 days after the date the
department secures all necessary federal approvals to implement this
section, whichever is later.
(iv) Beneficiaries under the Early and Periodic Screening,
Diagnosis, and Treatment Program shall be exempt from clauses (ii)
and (iii).
(B) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may take the actions specified in subparagraph (A) by
means of a provider bulletin or notice, policy letter, or other
similar instruction without taking regulatory action.
(e) Outpatient dialysis services and home hemodialysis services,
including physician services, medical supplies, drugs and equipment
required for dialysis, are covered, subject to utilization controls.
(f) Anesthesiologist services when provided as part of an
outpatient medical procedure, nurse anesthetist services when
rendered in an inpatient or outpatient setting under conditions set
forth by the director, outpatient laboratory services, and X-ray
services are covered, subject to utilization controls. This
subdivision shall not be construed to require prior authorization for
anesthesiologist services provided as part of an outpatient medical
procedure or for portable X-ray services in a nursing facility or any
category of intermediate care facility for the developmentally
disabled.
(g) Blood and blood derivatives are covered.
(h) (1) (A) Emergency and essential diagnostic and restorative
dental services, except for orthodontic, fixed bridgework, and
partial dentures that are not necessary for balance of a complete
artificial denture, are covered, subject to utilization controls. The
utilization controls shall allow emergency and essential diagnostic
and restorative dental services and prostheses that are necessary to
prevent a significant disability or to replace previously furnished
prostheses which are lost or destroyed due to circumstances beyond
the beneficiary's control.
(B) Notwithstanding subparagraph (A), the director may by
regulation provide for certain fixed artificial dentures necessary
for obtaining employment or for medical conditions that preclude the
use of removable dental prostheses, and for orthodontic services in
cleft palate deformities administered by the department's California
Children Services Program.
(2) For persons 21 years of age or older, the services specified
in paragraph (1) shall be provided subject to the following
conditions:
(A) Periodontal treatment is not a benefit.
(B) Endodontic therapy is not a benefit except for vital
pulpotomy.
(C) Laboratory processed crowns are not a benefit.
(D) Removable prosthetics shall be a benefit only for patients as
a requirement for employment.
(E) The director may, by regulation, provide for the provision of
fixed artificial dentures that are necessary for medical conditions
that preclude the use of removable dental prostheses.
(F) Notwithstanding the conditions specified in subparagraphs (A)
to (E), inclusive, the department may approve services for persons
with special medical disorders subject to utilization review.
(3) Paragraph (2) shall become inoperative July 1, 1995.
(i) Medical transportation is covered, subject to utilization
controls.
(j) Home health care services are covered, subject to utilization
controls.
(k) Prosthetic and orthotic devices and eyeglasses are covered,
subject to utilization controls. Utilization controls shall allow
replacement of prosthetic and orthotic devices and eyeglasses
necessary because of loss or destruction due to circumstances beyond
the beneficiary's control. Frame styles for eyeglasses replaced
pursuant to this subdivision shall not change more than once every
two years, unless the department so directs.
Orthopedic and conventional shoes are covered when provided by a
prosthetic and orthotic supplier on the prescription of a physician
and when at least one of the shoes will be attached to a prosthesis
or brace, subject to utilization controls. Modification of stock
conventional or orthopedic shoes when medically indicated, is covered
subject to utilization controls. When there is a clearly established
medical need that cannot be satisfied by the modification of stock
conventional or orthopedic shoes, custom-made orthopedic shoes are
covered, subject to utilization controls.
Therapeutic shoes and inserts are covered when provided to
beneficiaries with a diagnosis of diabetes, subject to utilization
controls, to the extent that federal financial participation is
available.
(l) Hearing aids are covered, subject to utilization controls.
Utilization controls shall allow replacement of hearing aids
necessary because of loss or destruction due to circumstances beyond
the beneficiary's control.
(m) Durable medical equipment and medical supplies are covered,
subject to utilization controls. The utilization controls shall allow
the replacement of durable medical equipment and medical supplies
when necessary because of loss or destruction due to circumstances
beyond the beneficiary's control. The utilization controls shall
allow authorization of durable medical equipment needed to assist a
disabled beneficiary in caring for a child for whom the disabled
beneficiary is a parent, stepparent, foster parent, or legal
guardian, subject to the availability of federal financial
participation. The department shall adopt emergency regulations to
define and establish criteria for assistive durable medical equipment
in accordance with the rulemaking provisions of the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code).
(n) Family planning services are covered, subject to utilization
controls.
(o) Inpatient intensive rehabilitation hospital services,
including respiratory rehabilitation services, in a general acute
care hospital are covered, subject to utilization controls, when
either of the following criteria are met:
(1) A patient with a permanent disability or severe impairment
requires an inpatient intensive rehabilitation hospital program as
described in Section 14064 to develop function beyond the limited
amount that would occur in the normal course of recovery.
(2) A patient with a chronic or progressive disease requires an
inpatient intensive rehabilitation hospital program as described in
Section 14064 to maintain the patient's present functional level as
long as possible.
(p) (1) Adult day health care is covered in accordance with
Chapter 8.7 (commencing with Section 14520).
(2) Commencing 30 days after the effective date of the act that
added this paragraph, and notwithstanding the number of days
previously approved through a treatment authorization request, adult
day health care is covered for a maximum of three days per week.
(3) As provided in accordance with paragraph (4), adult day health
care is covered for a maximum of five days per week.
(4) As of the date that the director makes the declaration
described in subdivision (g) of Section 14525.1, paragraph (2) shall
become inoperative and paragraph (3) shall become operative.
(q) (1) Application of fluoride, or other appropriate fluoride
treatment as defined by the department, other prophylaxis treatment
for children 17 years of age and under, are covered.
(2) All dental hygiene services provided by a registered dental
hygienist in alternative practice pursuant to Article 9 (commencing
with Section 1900) of Chapter 4 of Division 2 of the Business and
Professions Code and Section 1753.7 of the Business and Professions
Code may be covered as long as they are within the scope of Denti-Cal
benefits and they are necessary services provided by a registered
dental hygienist in alternative practice.
(r) (1) Paramedic services performed by a city, county, or special
district, or pursuant to a contract with a city, county, or special
district, and pursuant to a program established under the Emergency
Medical Services System and the Prehospital Emergency Medical Care
Personnel Act (Division 2.5 (commencing with Section 1797) of the
Health and Safety Code) by a paramedic certified pursuant to that
act, and consisting of defibrillation and those services specified in
that act.
(2) All providers enrolled under this subdivision shall satisfy
all applicable statutory and regulatory requirements for becoming a
Medi-Cal provider.
(3) This subdivision shall be implemented only to the extent
funding is available under Section 14106.6.
(s) In-home medical care services are covered when medically
appropriate and subject to utilization controls, for beneficiaries
who would otherwise require care for an extended period of time in an
acute care hospital at a cost higher than in-home medical care
services. The director shall have the authority under this section to
contract with organizations qualified to provide in-home medical
care services to those persons. These services may be provided to
patients placed in shared or congregate living arrangements, if a
home setting is not medically appropriate or available to the
beneficiary. As used in this section, "in-home medical care service"
includes utility bills directly attributable to continuous, 24-hour
operation of life-sustaining medical equipment, to the extent that
federal financial participation is available.
As used in this subdivision, in-home medical care services,
include, but are not limited to, the following:
(1) Level of care and cost of care evaluations.
(2) Expenses, directly attributable to home care activities, for
materials.
(3) Physician fees for home visits.
(4) Expenses directly attributable to home care activities for
shelter and modification to shelter.
(5) Expenses directly attributable to additional costs of special
diets, including tube feeding.
(6) Medically related personal services.
(7) Home nursing education.
(8) Emergency maintenance repair.
(9) Home health agency personnel benefits which permit coverage of
care during periods when regular personnel are on vacation or using
sick leave.
(10) All services needed to maintain antiseptic conditions at
stoma or shunt sites on the body.
(11) Emergency and nonemergency medical transportation.
(12) Medical supplies.
(13) Medical equipment, including, but not limited to, scales,
gurneys, and equipment racks suitable for paralyzed patients.
(14) Utility use directly attributable to the requirements of home
care activities which are in addition to normal utility use.
(15) Special drugs and medications.
(16) Home health agency supervision of visiting staff which is
medically necessary, but not included in the home health agency rate.
(17) Therapy services.
(18) Household appliances and household utensil costs directly
attributable to home care activities.
(19) Modification of medical equipment for home use.
(20) Training and orientation for use of life-support systems,
including, but not limited to, support of respiratory functions.
(21) Respiratory care practitioner services, as defined in
Sections 3702 and 3703 of the Business and Professions Code, subject
to prescription by a physician and surgeon.
Beneficiaries receiving in-home medical care services are entitled
to the full range of services within the Medi-Cal scope of benefits
as defined by this section, subject to medical necessity and
applicable utilization control. Services provided pursuant to this
subdivision, which are not otherwise included in the Medi-Cal
schedule of benefits, shall be available only to the extent that
federal financial participation for these services is available in
accordance with a home- and community-based services waiver.
(t) Home- and community-based services approved by the United
States Department of Health and Human Services may be covered to the
extent that federal financial participation is available for those
services under waivers granted in accordance with Section 1396n of
Title 42 of the United States Code. The director may seek waivers for
any or all home- and community-based services approvable under
Section 1396n of Title 42 of the United States Code. Coverage for
those services shall be limited by the terms, conditions, and
duration of the federal waivers.
(u) Comprehensive perinatal services, as provided through an
agreement with a health care provider designated in Section 14134.5
and meeting the standards developed by the department pursuant to
Section 14134.5, subject to utilization controls.
The department shall seek any federal waivers necessary to
implement the provisions of this subdivision. The provisions for
which appropriate federal waivers cannot be obtained shall not be
implemented. Provisions for which waivers are obtained or for which
waivers are not required shall be implemented notwithstanding any
inability to obtain federal waivers for the other provisions. No
provision of this subdivision shall be implemented unless matching
funds from Subchapter XIX (commencing with Section 1396) of Chapter 7
of Title 42 of the United States Code are available.
(v) Early and periodic screening, diagnosis, and treatment for any
individual under 21 years of age is covered, consistent with the
requirements of Subchapter XIX (commencing with Section 1396) of
Chapter 7 of Title 42 of the United States Code.
(w) Hospice service that is Medicare-certified hospice service is
covered, subject to utilization controls. Coverage shall be available
only to the extent that additional net program costs are not
incurred.
(x) When a claim for treatment provided to a beneficiary includes
both services that are authorized and reimbursable under this
chapter, and services that are not reimbursable under this chapter,
that portion of the claim for the treatment and services authorized
and reimbursable under this chapter shall be payable.
(y) Home- and community-based services approved by the United
States Department of Health and Human Services for beneficiaries with
a diagnosis of AIDS or ARC who require intermediate care or a higher
level of care.
Services provided pursuant to a waiver obtained from the Secretary
of the United States Department of Health and Human Services
pursuant to this subdivision, and which are not otherwise included in
the Medi-Cal schedule of benefits, shall be available only to the
extent that federal financial participation for these services is
available in accordance with the waiver, and subject to the terms,
conditions, and duration of the waiver. These services shall be
provided to individual beneficiaries in accordance with the client's
needs as identified in the plan of care, and subject to medical
necessity and applicable utilization control.
The director may under this section contract with organizations
qualified to provide, directly or by subcontract, services provided
for in this subdivision to eligible beneficiaries. Contracts or
agreements entered into pursuant to this division shall not be
subject to the Public Contract Code.
(z) Respiratory care when provided in organized health care
systems, as defined in Section 3701 of the Business and Professions
Code, and as an in-home medical service as provided in subdivision
(s).
(aa) (1) There is hereby established in the department, a program
to provide comprehensive clinical family planning services to any
person who has a family income at or below 200 percent of the federal
poverty level, as revised annually, and who is eligible to receive
these services pursuant to the waiver identified in paragraph (2).
This program shall be known as the Family Planning, Access, Care, and
Treatment (Family PACT) Program.
(2) The department shall seek a waiver in accordance with Section
1315 of Title 42 of the United States Code, or a state plan amendment
adopted in accordance with Section 1396a(a)(10)(A)(ii)(XXI) of Title
42 of the United States Code, which was added to Section 1396a of
Title 42 of the United States Code by Section 2303(a)(1) of the
federal Patient Protection and Affordable Care Act (PPACA) (Public
Law 111-148), for a program to provide comprehensive clinical family
planning services as described in paragraph (8). Under the waiver,
the program shall be operated only in accordance with the waiver and
the statutes and regulations in paragraph (4) and subject to the
terms, conditions, and duration of the waiver. Under the state plan
amendment, which shall replace the waiver and shall be known as the
Family PACT successor state plan amendment, the program shall be
operated only in accordance with this subdivision and the statutes
and regulations in paragraph (4). The state shall use the standards
and processes imposed by the state on January 1, 2007, including the
application of an eligibility discount factor to the extent required
by the federal Centers for Medicare and Medicaid Services, for
purposes of determining eligibility as permitted under Section 1396a
(ii)(2) of Title 42 of the United States Code. To the extent that
federal financial participation is available, the program shall
continue to conduct education, outreach, enrollment, service
delivery, and evaluation services as specified under the waiver. The
services shall be provided under the program only if the waiver and,
when applicable, the successor state plan amendment are approved by
the federal Centers for Medicare and Medicaid Services and only to
the extent that federal financial participation is available for the
services. Nothing in this section shall prohibit the department from
seeking the Family PACT successor state plan amendment during the
operation of the waiver.
(3) Solely for the purposes of the waiver or Family PACT successor
state plan amendment and notwithstanding any other provision of law,
the collection and use of an individual's social security number
shall be necessary only to the extent required by federal law.
(4) Sections 14105.3 to 14105.39, inclusive, 14107.11, 24005, and
24013, and any regulations adopted under these provisions shall apply
to the program provided for under this subdivision. Any other
provision of law under the Medi-Cal program or the State-Only Family
Planning Program shall not apply to the program provided for under
this subdivision.
(5) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may implement, without taking regulatory action, the
provisions of the waiver after its approval by the federal Health
Care Financing Administration and the provisions of this section by
means of an all-county letter or similar instruction to providers.
Thereafter, the department shall adopt regulations to implement this
section and the approved waiver in accordance with the requirements
of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code.
(6) If the Department of Finance determines that the program
operated under the authority of the waiver described in paragraph (2)
or the Family PACT successor state plan amendment is no longer cost
effective, this subdivision shall become inoperative on the first day
of the first month following the issuance of a 30-day notification
of that determination in writing by the Department of Finance to the
chairperson in each house that considers appropriations, the
chairpersons of the committees, and the appropriate subcommittees in
each house that considers the State Budget, and the Chairperson of
the Joint Legislative Budget Committee.
(7) If this subdivision ceases to be operative, all persons who
have received or are eligible to receive comprehensive clinical
family planning services pursuant to the waiver described in
paragraph (2) shall receive family planning services under the
Medi-Cal program pursuant to subdivision (n) if they are otherwise
eligible for Medi-Cal with no share of cost, or shall receive
comprehensive clinical family planning services under the program
established in Division 24 (commencing with Section 24000) either if
they are eligible for Medi-Cal with a share of cost or if they are
otherwise eligible under Section 24003.
(8) For purposes of this subdivision, "comprehensive clinical
family planning services" means the process of establishing
objectives for the number and spacing of children, and selecting the
means by which those objectives may be achieved. These means include
a broad range of acceptable and effective methods and services to
limit or enhance fertility, including contraceptive methods, federal
Food and Drug Administration-approved contraceptive drugs, devices,
and supplies, natural family planning, abstinence methods, and basic,
limited fertility management. Comprehensive clinical family planning
services include, but are not limited to, preconception counseling,
maternal and fetal health counseling, general reproductive health
care, including diagnosis and treatment of infections and conditions,
including cancer, that threaten reproductive capability, medical
family planning treatment and procedures, including supplies and
followup, and informational, counseling, and educational services.
Comprehensive clinical family planning services shall not include
abortion, pregnancy testing solely for the purposes of referral for
abortion or services ancillary to abortions, or pregnancy care that
is not incident to the diagnosis of pregnancy. Comprehensive clinical
family planning services shall be subject to utilization control and
include all of the following:
(A) Family planning-related services and male and female
sterilization. Family planning services for men and women shall
include emergency services and services for complications directly
related to the contraceptive method, federal Food and Drug
Administration-approved contraceptive drugs, devices, and supplies,
and followup, consultation, and referral services, as indicated,
which may require treatment authorization requests.
(B) All United States Department of Agriculture, federal Food and
Drug Administration-approved contraceptive drugs, devices, and
supplies that are in keeping with current standards of practice and
from which the individual may choose.
(C) Culturally and linguistically appropriate health education and
counseling services, including informed consent, that include all of
the following:
(i) Psychosocial and medical aspects of contraception.
(ii) Sexuality.
(iii) Fertility.
(iv) Pregnancy.
(v) Parenthood.
(vi) Infertility.
(vii) Reproductive health care.
(viii) Preconception and nutrition counseling.
(ix) Prevention and treatment of sexually transmitted infection.
(x) Use of contraceptive methods, federal Food and Drug
Administration-approved contraceptive drugs, devices, and supplies.
(xi) Possible contraceptive consequences and followup.
(xii) Interpersonal communication and negotiation of relationships
to assist individuals and couples in effective contraceptive method
use and planning families.
(D) A comprehensive health history, updated at the next periodic
visit (between 11 and 24 months after initial examination) that
includes a complete obstetrical history, gynecological history,
contraceptive history, personal medical history, health risk factors,
and family health history, including genetic or hereditary
conditions.
(E) A complete physical examination on initial and subsequent
periodic visits.
(F) Services, drugs, devices, and supplies deemed by the federal
Centers for Medicare and Medicaid Services to be appropriate for
inclusion in the program.
(9) In order to maximize the availability of federal financial
participation under this subdivision, the director shall have the
discretion to implement the Family PACT successor state plan
amendment retroactively to July 1, 2010.
(ab) (1) Purchase of prescribed enteral nutrition products is
covered, subject to the Medi-Cal list of enteral nutrition products
and utilization controls.
(2) Purchase of enteral nutrition products is limited to those
products to be administered through a feeding tube, including, but
not limited to, a gastric, nasogastric, or jejunostomy tube.
Beneficiaries under the Early and Periodic Screening, Diagnosis, and
Treatment Program shall be exempt from this paragraph.
(3) Notwithstanding paragraph (2), the
department may deem an enteral nutrition product, not administered
through a feeding tube, including, but not limited to, a gastric,
nasogastric, or jejunostomy tube, a benefit for patients with
diagnoses, including, but not limited to, malabsorption and inborn
errors of metabolism, if the product has been shown to be neither
investigational nor experimental when used as part of a therapeutic
regimen to prevent serious disability or death.
(4) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may implement the amendments to this subdivision made by
the act that added this paragraph by means of all-county letters,
provider bulletins, or similar instructions, without taking
regulatory action.
(5) The amendments made to this subdivision by the act that added
this paragraph shall be implemented on June 1, 2011, or on the first
day of the first calendar month following 60 days after the date the
department secures all necessary federal approvals to implement this
section, whichever is later.
(ac) Diabetic testing supplies are covered when provided by a
pharmacy, subject to utilization controls.
SEC. 18. SEC. 21. Section 14701 of
the Welfare and Institutions Code is amended to read:
14701. (a) The State Department of Health Care Services, in
collaboration with the State Department of Mental Health and the
California Health and Human Services Agency, shall create a state
administrative and programmatic transition plan, either as one
comprehensive transition plan or separately, to guide the transfer of
the Medi-Cal specialty mental health managed care and the EPSDT
Program to the State Department of Health Care Services effective
July 1, 2012.
(b) (1) Commencing no later than July 15, 2011, the State
Department of Health Care Services, together with the State
Department of Mental Health, shall convene a series of stakeholder
meetings and forums to receive input from clients, family members,
providers, counties, and representatives of the Legislature
concerning the transition and transfer of Medi-Cal specialty mental
health managed care and the EPSDT Program. This consultation shall
inform the creation of a state administrative transition plan and a
programmatic transition plan that shall include, but is not limited
to, the following components:
(A) The plan shall ensure that it is developed in a way that
continues access and quality of service during and immediately after
the transition, preventing any disruption of services to clients and
family members, providers and counties, and others affected by this
transition.
(B) A detailed description of the state administrative functions
currently performed by the State Department of Mental Health
regarding Medi-Cal specialty mental health managed care and the EPSDT
Program.
(C) Explanations of the operational steps, timelines, and key
milestones for determining when and how each function or program will
be transferred. These explanations shall also be developed for the
transition of positions and staff serving Medi-Cal specialty mental
health managed care and the EPSDT Program, and how these will relate
to, and align with, positions at the State Department of Health Care
Services. The State Department of Health Care Services and the
California Health and Human Services Agency shall consult with the
Department of Personnel Administration in developing this aspect of
the transition plan.
(D) A list of any planned or proposed changes or efficiencies in
how the functions will be performed, including the anticipated fiscal
and programmatic impacts of the changes.
(E) A detailed organization chart that reflects the planned
staffing at the State Department of Health Care Services in light of
the requirements of subparagraphs (A) to (C), inclusive, and includes
focused, high-level leadership for behavioral health issues.
(F) A description of how stakeholders were included in the various
phases of the planning process to formulate the transition plans and
a description of how their feedback will be taken into consideration
after transition activities are underway.
(2) The State Department of Health Care Services, together with
the State Department of Mental Health and the California Health and
Human Services Agency, shall convene and consult with stakeholders at
least twice following production of a draft of the transition plans
and before submission of transition plans to the Legislature.
Continued consultation with stakeholders shall occur in accordance
with the requirement in subparagraph (F) of paragraph (1).
SEC. 19. Section 4 of Chapter 1299 of the
Statutes of 1992, as amended by Section 3 of Chapter 791 of the
Statutes of 1997, is repealed.