BILL NUMBER: SBX3 58	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Price

                        SEPTEMBER 11, 2009

   An act to amend Section 4648.35 of the Welfare and Institutions
Code, relating to developmental services, and declaring the urgency
thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 58, as introduced, Price. Regional centers: purchase of
consumer services.
   Under existing law, the Lanterman Developmental Disabilities
Services Act, the State Department of Developmental Services is
responsible for providing various services and supports to
individuals with developmental disabilities, and for ensuring the
appropriateness and quality of those services and supports.
   Under existing law, the department contracts with the regional
centers to provide services and supports to persons with
developmental disabilities. The services and supports to be provided
to a regional center consumer are contained in an individual program
plan (IPP), developed in accordance with prescribed requirements.
Under existing law these services and supports may include
transportation services.
   Existing law imposes various requirements relating to the funding
of transportation services, at the time of the development, review,
or modification of a consumer's individualized family service plan
(IFSP) or IPP, including, but not limited to, the requirement that a
regional center fund the least expensive transportation modality that
meets the consumer's needs.
   This bill would, instead, require that a regional center fund the
most cost-effective transportation modality that meets the consumer's
needs and choice.
   The California Constitution authorizes the Governor to declare a
fiscal emergency and to call the Legislature into special session for
that purpose. The Governor issued a proclamation declaring a fiscal
emergency, and calling a special session for this purpose, on
December 19, 2008.
   This bill would state that it addresses the fiscal emergency
declared by the Governor by proclamation issued on December 19, 2008,
pursuant to the California Constitution.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 4648.35 of the Welfare and Institutions Code is
amended to read:
   4648.35.  Effective July 1, 2009, at the time of development,
review, or modification of a consumer's individual program plan (IPP)
or individualized family service plan (IFSP), all of the following
shall apply to a regional center:
   (a) A regional center shall not fund private specialized
transportation services for an adult consumer who can safely access
and utilize public transportation, when that transportation is
available.
   (b) A regional center shall fund the  least expensive
  most cost-   effective  transportation
modality that meets the consumer's needs  and choice  , as
set forth in the consumer's IPP or IFSP.
   (c) A regional center shall fund transportation, when required,
from the consumer's residence to the  lowest-cost 
 most cost-   effective vendor that provides the
service that meets the consumer's needs  and choice , as set
forth in the consumer's IPP or IFSP. For purposes of this
subdivision, the cost of a vendor shall be determined by combining
the vendor's program costs and the costs to transport a consumer from
the consumer's residence to the vendor.
   (d) A regional center shall fund transportation services for a
minor child living in the family residence, only if the family of the
child provides sufficient written documentation to the regional
center to demonstrate that it is unable to provide transportation for
the child.
  SEC. 2.  This act addresses the fiscal emergency declared by the
Governor by proclamation on December 19, 2008, pursuant to
subdivision (f) of Section 10 of Article IV of the California
Constitution.
  SEC. 3.  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 make the necessary statutory changes to achieve cash
savings at the earliest possible time, it is necessary that this act
take effect immediately.