BILL NUMBER: AB 1153	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member  Audra Strickland 
 Beall 

                        FEBRUARY 27, 2009

    An act relating to emergency services.   An
act to add Section 76000.10 to the Government Code, relating to
emergency services, and making an appropriation therefor. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1153, as amended,  Audra Strickland  
Beall  .  Air ambulance providers.  
Emergency air medical transportation providers: penalty levy:
reimbursement augmentation.  
   Existing law requires an additional county penalty of $7 for every
$10, or part of $10, to be levied upon every fine, penalty, or
forfeiture imposed and collected by the courts for all criminal
offenses, for deposit into specified county funds relating to the
construction of courthouses, criminal justice facilities, and
forensic laboratories, and the support of emergency medical services.
 
   Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Care Services, under
which health care services, including medical transportation
services, are provided to qualified low-income persons. The Medi-Cal
program is partially governed and funded under federal Medicaid
provisions.  
   This bill, which is to be known as the Emergency Air Medical
Transportation Act, would levy an additional penalty of $3 upon every
fine, penalty, or forfeiture imposed and collected by the courts for
all offenses involving a vehicle violation, except certain parking
offenses, in each county. This bill would require each county board
of supervisors to establish in the county treasury an emergency air
medical transportation act fund into which the penalty collected
pursuant to this bill would be deposited. This bill would require, on
the last day of each calendar quarter of the year, the county
treasurer to transfer moneys in the county's emergency air medical
transportation act fund to the Controller for credit to the Emergency
Air Medical Transportation Act Fund, which is created by the bill.
This fund would be continuously appropriated to the department and be
administered by the department solely for the purposes of augmenting
Medi-Cal reimbursement paid to emergency air medical transportation
services providers.  
   The bill would require the department to use the moneys in the
Emergency Air Medical Transportation Act Fund and federal matching
funds to increase the Medi-Cal reimbursement or supplemental payments
for emergency air medical transportation services in an amount not
to exceed normal and customary charges charged by the emergency air
ambulance transportation services provider.  
   By requiring counties to create emergency air medical
transportation act funds and then deposit the levy imposed by this
bill into those funds, this bill would create a state-mandated local
program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   Existing law authorizes each county to develop an emergency
medical services program and requires each county developing a
program to designate a local emergency services agency for the
purposes of administering and overseeing local emergency medical
services in that county. Existing law also authorizes an emergency
medical care committee to be established in each county with duties
that include reviewing the operations of ambulance and other
emergency medical services in the county.  
   This bill would state the intent of the Legislature to enact
legislation that would relate to air ambulance providers. 
   Vote:  majority   2/3  . Appropriation:
 no   yes  . Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    Section 76000.10 is added to the 
 Government Code  , to read:  
   76000.10.  (a) This section shall be known, and may be cited, as
the Emergency Air Medical Transportation Act.
   (b) For the purpose of implementing this section, there shall be
levied an additional penalty of three dollars ($3) in each county
that shall be collected together with, and in the same manner as, the
amounts established by Section 1464 of the Penal Code, upon every
fine, penalty, or forfeiture imposed and collected by the courts for
all offenses involving a violation of the Vehicle Code or a local
ordinance adopted pursuant to the Vehicle Code, except parking
offenses subject to Article 3 (commencing with Section 40200) of
Chapter 1 of Division 17 of the Vehicle Code. These moneys shall be
taken from fines and forfeitures deposited with the county treasurer
prior to any division pursuant to Section 1463 of the Penal Code. The
county board of supervisors shall establish in the county treasury
an emergency air medical transportation act fund into which shall be
deposited the moneys collected pursuant to this section.
   (c) (1) Moneys in each county's fund, including interest and
dividends earned thereon, shall be held by the county treasurer
separate from funds subject to transfer or division pursuant to
Section 1463 of the Penal Code.
   (2) On the last day of each calendar quarter of the year, the
county treasurer shall transfer moneys in the county's emergency air
medical transportation act fund to the Controller for credit to the
Emergency Air Medical Transportation Act Fund, which is hereby
established in the State Treasury. Notwithstanding Section 16305.7,
the Emergency Air Medical Transportation Act Fund shall include
interest and dividends earned on money in the fund.
   (3) The Emergency Air Medical Transportation Act Fund shall be
administered by the State Department of Health Care Services.
Notwithstanding Section 13340, moneys in the Emergency Air Medical
Transportation Act Fund are continuously appropriated, without regard
to fiscal year, to the department to augment emergency air medical
transportation reimbursement payments made through the Medi-Cal
program.
   (4) The department shall seek to obtain federal matching funds by
using the moneys in the Emergency Air Medical Transportation Act Fund
for the purpose of augmenting Medi-Cal reimbursement paid to
emergency air medical transportation services providers.
   (5) The department shall use the moneys in the Emergency Air
Medical Transportation Act Fund and federal matching funds to
increase the Medi-Cal reimbursement or supplemental payments for
emergency air medical transportation services in an amount not to
exceed normal and customary charges charged by the emergency air
ambulance transportation services provider. 
   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation that would relate to air ambulance providers.