BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 849| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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. CONTINUED SB 849 Page 2 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 CONTINUED SB 849 Page 3 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. CONTINUED SB 849 Page 4 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 **** END **** CONTINUED