BILL NUMBER: AB 1532	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Member Lieu

                        FEBRUARY 27, 2009

   An act  to amend Section 12306 of the Welfare and Institutions
Code,  relating to in-home supportive services  , and
declaring the urgency thereof, to take effect immediately  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1532, as amended, Lieu. In-home supportive services.
   Existing law provides for the In-Home Supportive Services (IHSS)
program, under which qualified aged, blind, and disabled persons
receive services enabling them to remain in their own homes. 

   This bill would declare the intent of the Legislature to enact
legislation that would improve the In-Home Supportive Services
program.  
   Under existing law, the state and counties are required to share
the annual cost of providing services under the program. Existing law
requires the state to pay 65% of these costs, from the General Fund
and specified federal funds, and the county pays 35% of the cost of
providing these services.  
   This bill would require specified additional funding made
available to counties for in-home supportive services for the 2008-09
and 2009-10 fiscal years, to be used to supplement, and not to
supplant, the level of county expenditures made for the 2007-08
fiscal year for the program, and would prohibit those funds from
being used to fund any other program.  
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee:  no   yes  .
State-mandated local program: no.


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

   SECTION 1.    Section 12306 of the   Welfare
and Institutions Code   is amended to read: 
   12306.  (a) The state and counties shall share the annual cost of
providing services under this article as specified in this section.
   (b) Except as provided in subdivisions (c) and (d), the state
shall pay to each county, from the General Fund and any federal funds
received under Title XX of the federal Social Security Act available
for that purpose, 65 percent of the cost of providing services under
this article, and each county shall pay 35 percent of the cost of
providing those services.
   (c) For services eligible for federal funding pursuant to Title
XIX of the federal Social Security Act under the Medi-Cal program
and, except as provided in subdivisions (b) and (d) the state shall
pay to each county, from the General Fund and any funds available for
that purpose 65 percent of the nonfederal cost of providing services
under this article, and each county shall pay 35 percent of the
nonfederal cost of providing those services.
   (d) (1) For the period of July 1, 1992, to June 30, 1994,
inclusive, the state's share of the cost of providing services under
this article shall be limited to the amount appropriated for that
purpose in the annual Budget Act.
   (2) The department shall restore the funding reductions required
by subdivision (c) of Section 12301, fully or in part, as soon as
administratively practicable, if the amount appropriated from the
General Fund for the 1992-93 fiscal year under this article is
projected to exceed the sum of the General Fund expenditures under
Section 14132.95 and the actual General Fund expenditures under this
article for the 1992-93 fiscal year. The entire amount of the excess
shall be applied to the restoration. Services shall not be restored
under this paragraph until the Department of Finance has determined
that the restoration of services would result in no additional costs
to the state or to the counties relative to the combined state
appropriation and county matching funds for in-home supportive
services under this article in the 1992-93 fiscal year. 
   (e) The additional funding made available to counties for in-home
supportive services from the federal American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) for the 2008-09 and
2009-10 fiscal years, shall be used to supplement, and not to
supplant, the level of county expenditures made for the 2007-08
fiscal year for the In-Home Supportive Services program, and shall
not be used to fund any other program. 
   SEC. 2.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to ensure the timely and appropriate expenditure of
federal matching funds for the In-Home Supportive Services program,
it is necessary that this bill take effect immediately. 

  SECTION 1.    It is the intent of the Legislature
to enact legislation that would improve the In-Home Supportive
Services program.