BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 849|
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                                 THIRD READING


          Bill No:  SB 849
          Author:   Ducheny (D)
          Amended:  8/9/10
          Vote:     27 - Urgency

           
          PRIOR VOTES NOT RELEVANT

           ASSEMBLY FLOOR  :  71-0, 8/16/10 - See last page for vote


           SUBJECT  :    Budget Act of 2009:  augmentation

           SOURCE  :     Department of Finance


           DIGEST  :    Assembly Amendments delete the Senate version of  
          the bill which was a 2010 Budget trailer spot bill.

          This bill now is a supplemental appropriations bill which  
          appropriates $654 million (General Fund) to augment the  
          Budget Act of 2009 to cover deficiencies for the 2009-10  
          fiscal year.  This appropriation is factored into current  
          budget figures and does not add to the current budget  
          deficit.  Any unencumbered funds would revert to the  
          General Fund.

           ANALYSIS  :    This bill requires the State Controller to  
          allocate these funds as follows:

          1.$406,184,000 to the Department of Corrections and  
            Rehabilitation (CDCR) for contract medical services.

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            This deficiency funding request is from federal health  
            care receiver Clark Kelso for contract medical  
            expenditures.  The medical contract funding request also  
            includes $2.6 million for emergency medical contract  
            costs related to the August 2008 riot at the California  
            Institution for Men, Chino.

          2.$111,264,000 to CDCR for the federal medical receiver's  
            turnaround plan.

            The turnaround plan includes what the receiver terms  
            special projects designed to improve health care delivery  
            by upgrading information technology (IT) and creating an  
            electronic health records system.

          3.$131,137,000 to the Department of Developmental Services  
            as a result of  Shaw v. Chiang  , a fund shift for the cost  
            of transportation services for regional center clients  
            from the Public Transportation Account (PTA) to the GF.

            The 2009 Budget included $138.3 million in PTA funding  
            for regional center (RC) transportation, which is an  
            entitlement under the Lanterman Act.  The  Shaw v. Chiang   
            suit disallowed the use of PTA funds for RC  
            transportation, resulting in a GF deficiency of $138.3  
            million, offset by a $7.1 million decrease in RC costs.

          4.$5,399,000 to the Department of Forestry and Fire  
            Protection (CAL FIRE) for unemployment insurance cost  
            increases.

            State departments are responsible for payment of both the  
            standard Unemployment Insurance (UI) claims and a portion  
            of the recent UI extension.  CAL FIRE hires about 2,600  
            seasonal firefighters during the high risk months.  The  
            recent UI extensions, the economic downturn, and the  
            inability of seasonal firefighters to find full-time work  
            have resulted in increased UI payments.

          5.$5,860 for Payment to Counties for Costs of Homicide  
            Trials to reimburse Mariposa County for qualified costs.

            Counties may apply to the state controller for  
            reimbursement of homicide trial costs that exceed a  

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            specified percentage of assessed property value in the  
            county. Mariposa's request is for trial-related costs -  
            mainly ongoing vehicle storage - in the case of  People v.  
            Cary Stayner  in 2008-09 and 2009-10.

           Comments

           1.  Rationale  .  This bill contains funding necessary to  
            address   deficiencies in the 2009 Budget Act.  These funds  
            have already been spent. The appropriations in this bill  
            will not impact current budget difficulties.  The  
            proposed funding in this measure has been approved by the  
            Department of Finance (DOF) and the Joint Legislative  
            Budget Committee.
           
           2.The CAL FIRE deficiency is actually $14.4 million, but $9  
            million of that cost will be paid out of the $9 million  
            remaining in the 2009-10 budget item for deficiencies.

          3.CDCR medical contract expenditures grew from $252 million  
            to $845 million from 2003-04 to 2008-09.  (The  
            receivership was appointed in February 2006.)  Despite  
            this significant - and anticipated - growth, the amount  
            budgeted for medical contracts has remained relatively  
            static:  from $204 million in 2002-04 to $308 million in  
            2009-10 and 2010-11.

            The receiver cites a number of factors leading to  
            increased medical expenditures, including longer terms  
            and an increased inmate population, resulting in more  
            overcrowding and aging inmates who require more health  
            care.  For example, some of the most specialized and  
            costly medical needs - respiratory disease, heart  
            disease, kidney disease, Alzheimer's disease - are  
            generally referred to community hospitals and clinics.

            Also, as the level of health care has increased within  
            the institutions as a result of the receivership, more  
            health issues are identified.  To address these issues,  
            the receivership has increasingly relied on outside  
            contractors, such as hospitals for inpatient and  
            outpatient care, specialty care physicians and  
            laboratories.


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           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  yes    
          Local:  No

          Appropriates $654 million (GF) to augment the 2009 Budget  
          Act for unanticipated expenditures.


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Beall, Tom  
            Berryhill, Block, Blumenfield, Bradford, Brownley,  
            Buchanan, Caballero, Carter, Chesbro, Conway, Cook, Coto,  
            De La Torre, De Leon, DeVore, Eng, Evans, Feuer,  
            Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,  
            Galgiani, Garrick, Gatto, Gilmore, Hagman, Hall, Hayashi,  
            Hernandez, Hill, Huber, Huffman, Jones, Knight, Lieu,  
            Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,  
            Nava, Nestande, Niello, Nielsen, V. Manuel Perez,  
            Portantino, Ruskin, Salas, Saldana, Silva, Skinner,  
            Smyth, Solorio, Audra Strickland, Swanson, Torlakson,  
            Torres, Torrico, Tran, Villines, Yamada, John A. Perez
          NO VOTE RECORDED:  Bass, Bill Berryhill, Blakeslee, Charles  
            Calderon, Davis, Harkey, Jeffries, Norby, Vacancy


          DLW:cm  8/17/10   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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