BILL NUMBER: SB 570 CHAPTERED 10/09/03 CHAPTER 710 FILED WITH SECRETARY OF STATE OCTOBER 9, 2003 APPROVED BY GOVERNOR OCTOBER 8, 2003 PASSED THE SENATE SEPTEMBER 12, 2003 PASSED THE ASSEMBLY SEPTEMBER 11, 2003 AMENDED IN ASSEMBLY SEPTEMBER 10, 2003 AMENDED IN ASSEMBLY SEPTEMBER 5, 2003 AMENDED IN SENATE APRIL 1, 2003 INTRODUCED BY Senator Chesbro FEBRUARY 20, 2003 An act to amend Sections 24011 and 25502.3 of the Government Code, to amend Section 830.1 of the Penal Code, and to amend Section 16809.4 of the Welfare and Institutions Code, relating to local government. LEGISLATIVE COUNSEL'S DIGEST SB 570, Chesbro. Local government. (1) Existing law authorizes the boards of supervisors of specified counties to provide, by ordinance, that the public administrator be appointed by the board, and authorizes the boards of supervisors of certain counties to appoint the same person to the offices of public administrator, veteran service officer, and public guardian. The boards of supervisors of certain counties are authorized to separate the consolidated offices of district attorney and public administrator. This bill would include Napa County within those counties whose boards of supervisors are authorized to provide for the appointment of the public administrator by the board. It would also authorize the Board of Supervisors of Napa County to appoint the same person to the offices of public administrator, veteran service officer, and public guardian and to separate the consolidated offices of district attorney and public administrator. (2) Existing law, with respect to counties under 200,000 in population, permits the board of supervisors to authorize the county purchasing agent to engage independent contractors to perform services when the aggregate cost does not exceed $10,000. This bill instead would permit the boards of supervisors in counties having a population of less than 200,000 to authorize the purchasing agent to engage independent contractors to perform services when the aggregate cost does not exceed $50,000, which would be subject to annual adjustment. (3) Existing law defines specified powers, rights, duties, and training requirements for peace officers and provides that any harbor or port police regularly employed and paid in that capacity by a county, city, or district is a peace officer, if the primary duty of the peace officer is the enforcement of the law in or about the properties owned, operated, or administered by the harbor or port or when performing necessary duties with respect to patrons, employees, and properties of the harbor or port. Under existing law, these peace officers may carry firearms only if authorized and under terms and conditions specified by their employing agency. This bill would change the category for the port police officers of the Harbor Department of the City of Los Angeles to a category that specifies that these persons are peace officers whose authority extends to any place in the state, as specified, and that doesn't limit the carrying of firearms. This bill would also remove special officers of the Harbor Department of the City of Los Angeles from this category. (4) Existing law provides that any deputy sheriff of certain counties who is assigned to perform duties relating to specified custodial assignments is a peace officer whose authority extends to any place in the state only while engaged in the performance of the duties of his or her employment and for the purpose of carrying out the primary functions of employment relating to his or her custodial assignments, or when directed to perform other law enforcement duties during a local state of emergency. This bill would add deputy sheriffs of Shasta and Solano Counties employed to perform those duties relating to custodial assignments to that category of peace officers. (5) Existing law authorizes counties voluntarily participating in the County Medical Services Program to establish the County Medical Services Program Governing Board to govern the program. Existing law specifies the composition of the board, the board members' terms, the powers and duties of the board, and other matters including the conduct of meetings. This bill would provide that the requirements for public meetings are satisfied if at least 3 voting members of the governing board hold public meetings and report the testimony from those meetings to the full board at its next regular meeting, as specified. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 24011 of the Government Code is amended to read: 24011. Notwithstanding the provisions of Section 24009: (a) The Boards of Supervisors of Glenn County, Madera County, Mendocino County, Napa County, Solano County, Trinity County, Tuolumne County, and Lake County may, by ordinance, provide that the public administrator shall be appointed by the board. (b) The Boards of Supervisors of Madera County, Mendocino County, Napa County, Trinity County, Tuolumne County, and Lake County may appoint the same person to the offices of public administrator, veteran service officer, and public guardian. The Board of Supervisors of Glenn County and Solano County may, by ordinance, appoint the same person to the offices of public administrator and public guardian. (c) The Boards of Supervisors of Glenn County, Madera County, Mendocino County, Napa County, Trinity County, Tuolumne County, and Lake County may separate the consolidated offices of district attorney and public administrator at any time in order to make the appointments permitted by this section. Upon approval by the board of supervisors, the officer elected to these offices at any time may resign, or decline to qualify for, the office of public administrator without resigning from, or declining to qualify for, the office of district attorney. SEC. 2. Section 25502.3 of the Government Code is amended to read: 25502.3. In counties having a population of less than 200,000, the board of supervisors may authorize the purchasing agent to engage independent contractors to perform services for the county or county officers, with or without the furnishing of material, when the aggregate cost does not exceed fifty thousand dollars ($50,000), except that this amount shall be adjusted annually by any annual increase in the California Price Index as determined pursuant to Section 2212 of the Revenue and Taxation Code. SEC. 3. Section 830.1 of the Penal Code is amended to read: 830.1. (a) Any sheriff, undersheriff, or deputy sheriff, employed in that capacity, of a county, any chief of police of a city or chief, director, or chief executive officer of a consolidated municipal public safety agency that performs police functions, any police officer, employed in that capacity and appointed by the chief of police or chief, director, or chief executive of a public safety agency, of a city, any chief of police, or police officer of a district, including police officers of the San Diego Unified Port District Harbor Police, authorized by statute to maintain a police department, any marshal or deputy marshal of a superior court or county, any port warden or port police officer of the Harbor Department of the City of Los Angeles, or any inspector or investigator employed in that capacity in the office of a district attorney, is a peace officer. The authority of these peace officers extends to any place in the state, as follows: (1) As to any public offense committed or which there is probable cause to believe has been committed within the political subdivision that employs the peace officer or in which the peace officer serves. (2) Where the peace officer has the prior consent of the chief of police or chief, director, or chief executive officer of a consolidated municipal public safety agency, or person authorized by him or her to give consent, if the place is within a city or of the sheriff, or person authorized by him or her to give consent, if the place is within a county. (3) As to any public offense committed or which there is probable cause to believe has been committed in the peace officer's presence, and with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of the offense. (b) The Attorney General and special agents and investigators of the Department of Justice are peace officers, and those assistant chiefs, deputy chiefs, chiefs, deputy directors, and division directors designated as peace officers by the Attorney General are peace officers. The authority of these peace officers extends to any place in the state where a public offense has been committed or where there is probable cause to believe one has been committed. (c) Any deputy sheriff of the County of Los Angeles, and any deputy sheriff of the Counties of Kern, Humboldt, Imperial, Mendocino, Plumas, Riverside, San Diego, Santa Barbara, Shasta, Siskiyou, Solano, Sonoma, Sutter, and Tehama who is employed to perform duties exclusively or initially relating to custodial assignments with responsibilities for maintaining the operations of county custodial facilities, including the custody, care, supervision, security, movement, and transportation of inmates, is a peace officer whose authority extends to any place in the state only while engaged in the performance of the duties of his or her respective employment and for the purpose of carrying out the primary function of employment relating to his or her custodial assignments, or when performing other law enforcement duties directed by his or her employing agency during a local state of emergency. SEC. 4. Section 16809.4 of the Welfare and Institutions Code is amended to read: 16809.4. (a) Counties voluntarily participating in the County Medical Services Program pursuant to Section 16809 may establish the County Medical Services Program Governing Board pursuant to procedures contained in this section. The board shall govern the CMSP program. (b) The membership of the board shall be comprised of all of the following: (1) Three members who shall each be a member of a county board of supervisors. (2) Three members who shall be county administrative officers. (3) Two members who shall be county welfare directors. (4) Two members who shall be county health officials. (5) One member who shall be the Secretary of the Health and Welfare Agency, or his or her designee, and who shall serve as an ex officio, nonvoting member. (c) The board may establish its own bylaws and operating procedures. (d) The voting membership of the board shall meet all of the following requirements: (1) All of the members shall hold office or employment in counties that participate in the CMSP program. (2) The initial CMSP Governing Board shall be composed of the incumbent members of the Small County Advisory Committee holding office on the effective date of this section. Those members shall choose one additional county supervisor and one additional county administrative officer. The initial CMSP Governing Board shall hold office until April 1, 1995. (3) The initial CMSP Governing Board shall be succeeded on April 1, 1995, by a board chosen in the following order so as to ensure that no two representatives shall be from the same county. Following the effective date of this section: (A) The three county supervisor members shall be elected by the CMSP counties acting prior to February 1, 1995, with each county having one vote and convened at the call of the Chair of the CMSP Governing Board. (B) The three county administrative officers shall be elected by the administrative officers of the CMSP counties convened at the call of the Chair of the CMSP Governing Board prior to February 15, 1995. (C) The two county health officials shall be selected by the health officials of the CMSP counties convened at the call of the Chair of the CMSP Governing Board prior to March 1, 1995. (D) The two county welfare directors shall be elected by the welfare directors of the CMSP counties convened at the call of the Chair of the CMSP Governing Board prior to March 15, 1995. (4) Board members shall serve three-year terms. (5) No two persons from the same county may serve as members of the board at the same time. (e) (1) The board shall convene its first meeting at the call of the Chair of the Small County Advisory Committee, who shall serve as interim chairperson of the board. (2) The board may elect a permanent chair. (f) (1) The CMSP Governing Board is hereby established with the following powers: (A) Determine program eligibility and benefit levels. (B) Establish reserves and participation fees. (C) Establish procedures for the entry into, and disenrollment of counties from the County Medical Services Program. Disenrollment procedures shall be fair and equitable. (D) Establish cost containment and case management procedures, including, but not limited to, alternative methods for delivery of care and alternative methods and rates for those authorized by the department. (E) Sue and be sued in the name of the CMSP Governing Board. (F) Apportion jurisdictional risk to each county. (G) Utilize procurement policies and procedures of any of the participating counties as selected by the governing board. (H) Make rules and regulations. (I) Make and enter into contracts or stipulations of any nature with a public agency or person for the purposes of governing or administering the CMSP. (J) Purchase supplies, equipment, materials, property, or services. (K) Appoint and employ staff to assist the CMSP Governing Board. (L) Establish rules for its proceedings. (M) Accept gifts, contributions, grants, or loans from any public agency or person for the purposes of this program. (N) Negotiate and set rates, charges, or fees with service providers, including alternative methods of payment to those used by the department. (O) Establish methods of payment that are compatible with the administrative requirements of the department's fiscal intermediary during the term of any contract with the department for the administration of the CMSP. (P) Use generally accepted accounting procedures. (2) The Legislature finds and declares that the amendment of subparagraph (N) of paragraph (1) in 1995 is declaratory of existing law. (g) (1) The CMSP Governing Board shall be considered a "public entity" for purposes of Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, and a "local public entity" for purposes of Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code, but shall not be considered a "state agency" for purposes of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and shall be exempt from that chapter. No participating county shall have any liability for civil judgments awarded against the County Medical Services Program or the board. Nothing in this paragraph shall be construed to expand the liability of the state with respect to the County Medical Services Program beyond that set forth in Section 16809. Nothing in this paragraph shall be construed to relieve any county of the obligation to provide health care to indigent persons pursuant to Section 17000. (2) Before initiating any proceeding to challenge rates of payment, charges, or fees set by the board, to seek reimbursement or release of any funds from the County Medical Services Program, or to challenge any other action by the board, any prospective claimant shall first notify the board, in writing, of the nature and basis of the challenge and the amount claimed. The board shall consider the matter within 60 days after receiving the notice and shall promptly thereafter provide written notice of the board's decision. This paragraph shall have no application to provider audit appeals conducted pursuant to Article 1.5 (commencing with Section 51016) of Chapter 3 of Division 3 of Title 22 of the California Code of Regulations and shall apply to all claims not reviewed pursuant to Sections 51003 or 51015 of Title 22 of the California Code of Regulations. (3) All regulations adopted by the CMSP Governing Board shall clearly specify by reference the statute, court decision, or other provision of law that the governing board is seeking to implement, interpret, or make specific by adopting, amending, or repealing the regulation. (4) No regulation adopted by the governing board is valid and effective unless the regulation meets the standards of necessity, authority, clarity, consistency, and nonduplication, as defined in paragraph (5). (5) The following definitions govern the interpretation of this subdivision: (A) "Necessity" means the record of the regulatory proceeding that demonstrates by substantial evidence the need for the regulation. For purposes of this standard, evidence includes, but is not limited to, facts, studies, and expert opinion. (B) "Authority" means the provision of law that permits or obligates the CMSP Governing Board to adopt, amend, or repeal a regulation. (C) "Clarity" means that the regulation is written or displayed so that the meaning of the regulation can be easily understood by those persons directly affected by it. (D) "Consistency" means being in harmony with, and not in conflict with, or contradictory to, existing statutes, court decisions, or other provisions of law. (E) "Nonduplication" means that a regulation does not serve the same purpose as a state or federal statute or another regulation. This standard requires that the governing board identify any state or federal statute or regulation that is overlapped or duplicated by the proposed regulation and justify any overlap or duplication. This standard is not intended to prohibit the governing board from printing relevant portions of enabling legislation in regulations when the duplication is necessary to satisfy the clarity standard in subparagraph (C). This standard is intended to prevent the indiscriminate incorporation of statutory language in a regulation. (h) The requirements of the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) shall apply to the meetings of the CMSP Governing Board, including meetings held pursuant to subdivision (l), except the board may meet in closed session to consider and take action on matters pertaining to contracts and contract negotiations with providers of health care services. (i) (1) The governing board shall comply with the following procedures for public meetings held to eliminate or reduce the level of services, restrict eligibility for services, or adopt regulations: (A) Provide prior public notice of those meetings. (B) Provide that notice not less than 30 days prior to those meetings. (C) Publish that notice in a newspaper of general circulation in each participating CMSP county. (D) Include in the notice, at a minimum, the amount and type of each proposed change, the expected savings, and the number of persons affected. (E) Hold those meetings in the county seats of at least four regionally distributed CMSP participating counties. (F) Locate those meetings so as to provide that each hearing will be within a four-hour one-way drive of one quarter of the target population so that the four meetings shall be held at locations in the state that will ensure that each member of the target population may reach at least one of the meetings by a one-way drive that does not exceed four hours. (2) From January 1, 2004, to July 1, 2005, inclusive, the requirements for public meetings pursuant to this subdivision to eliminate or reduce the level of services, or to restrict the eligibility for services, are satisfied if at least three voting members of the governing board hold the meetings as required and report the testimony from those meetings to the full board at its next regular meeting. No action shall be taken at any action held pursuant to this subdivision. (j) Records of the County Medical Services Program and of the CMSP Governing Board that relate to rates of payment or to the board's negotiations with providers of health care services or to the board's deliberative processes regarding either shall not be subject to disclosure pursuant to the Public Records Act (Chapter 5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). (k) The following definitions shall govern the construction of this part, unless the context requires otherwise: (1) "CMSP Governing Board" means the County Medical Services Program Governing Board established pursuant to this section. (2) "Board" means the County Medical Services Program Governing Board established pursuant to this section. (3) "CMSP" means the program by which health care services are provided to eligible persons in those counties electing to participate in the CMSP pursuant to Section 16809. (4) "CMSP county" means a county that has elected to participate pursuant to Section 16809 in the CMSP. (l) Any references to the "County Medical Services Program" or "CMSP county" in this code shall be defined as set forth in this section. (m) This section shall remain in effect only until January 1, 2008, and as of that date is repealed, unless a later enacted statute, that is enacted on or before January 1, 2008, deletes or extends that date.