BILL NUMBER: AB 1378	CHAPTERED  10/05/05

	CHAPTER  538
	FILED WITH SECRETARY OF STATE  OCTOBER 5, 2005
	APPROVED BY GOVERNOR  OCTOBER 5, 2005
	PASSED THE ASSEMBLY  SEPTEMBER 7, 2005
	PASSED THE SENATE  SEPTEMBER 6, 2005
	AMENDED IN SENATE  AUGUST 31, 2005
	AMENDED IN ASSEMBLY  APRIL 18, 2005

INTRODUCED BY   Assembly Member Lieber

                        FEBRUARY 22, 2005

   An act to add Section 854.1 to the Government Code, and to add
Sections 4474.2 and 4474.3 to the Welfare and Institutions Code,
relating to developmental services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1378, Lieber  Developmental services facilities.
   (1) Existing law, the Lanterman Developmental Disabilities
Services Act, requires the State Department of Developmental Services
to allocate funds to private nonprofit regional centers for the
provision of community services and support for persons with
developmental disabilities and their families, and sets forth the
duties of the regional centers, including, but not limited to,
development of individual program plans and the monitoring of
services.  Existing law requires the department to develop a plan for
the proposed closure of any developmental center.
   This bill would authorize the department to operate any facility,
provide employees to assist in the operation of any facility, provide
other necessary services and supports, or contract with any entity
for the use of the department's employees to provide services in
furtherance of an orderly closure of Agnews Developmental Center.
   (2) Existing law sets forth the rules relating to the liability of
governmental agencies for tort injury caused by the action or
omission of its officers or employees, including, but not limited to,
the operation of mental institutions or medical facilities.
   This bill would define "mental institution" or "medical facility"
for this purpose to also include a developmental services facility,
as defined.
   (3) Existing law prohibits a retired, dismissed, separated, or
formerly employed person of any state agency or department employed
under the state civil service or otherwise appointed to serve in
state government, within 2 years of the date the person left state
employment, from entering into a contract in which he or she engaged
in any of the negotiations, transactions, planning, arrangements, or
any part of the decisionmaking process relevant to the contract while
employed in any capacity by any state agency or department. For a
period of 12 months following the date of his or her retirement,
dismissal, or separation from state service, existing law prohibits a
person employed under state civil service or otherwise appointed to
serve in state government from entering into a contract with any
state agency if he or she was employed by that state agency in a
policymaking position in the same general subject area as the
proposed contract within the 12-month period prior to his or her
retirement, dismissal, or separation.
   This bill would make these provisions inapplicable to any person
who, in connection with the closure of Agnews Developmental Center,
provides developmental services.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 854.1 is added to the Government Code, to read:

   854.1.  (a) It is the intent of the Legislature to ensure
continuity of care for clients of Agnews Developmental Center.
   (b) In the effort to achieve these goals, it is the intent of the
Legislature to seek and implement recommendations that include all of
the following services to retain Agnews staff as employees:
   (1) Crisis management teams that provide behavioral, medical, and
dental treatment, training, and technical assistance.
   (2) Specialized services, including adaptive equipment design and
fabrication, and medical, dental, psychological, and assessment
services.
   (3) Staff support in community homes to assist individuals with
behavioral or psychiatric needs.
   (c) As used in this chapter, the terms "mental institution" or
"medical facility" also include a developmental services facility.
For the purposes of this chapter "developmental services facility"
means any facility or place where a public employee provides
developmental services relating to the closure of Agnews
Developmental Center.
  SEC. 2.  Section 4474.2 is added to the Welfare and Institutions
Code, to read:
   4474.2.  Notwithstanding any provision of law to the contrary, the
department may operate any facility, provide its employees to assist
in the operation of any facility, or provide other necessary
services and supports if in the discretion of the department it
determines that the activity will assist in meeting the goal of an
orderly closure of Agnews Developmental Center. The department may
contract with any entity for the use of the department's employees to
provide services in furtherance of an orderly closure of Agnews
Developmental Center.
  SEC. 3.  Section 4474.3 is added to the Welfare and Institutions
Code, to read:
   4474.3.  The provisions of Section 10411 of the Public Contract
Code shall not apply to any person who, in connection with the
closure of Agnews Developmental Center, provides developmental
services.