BILL NUMBER: AB 215	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 22, 2011
	AMENDED IN ASSEMBLY  APRIL 25, 2011

INTRODUCED BY   Assembly Member Beall

                        JANUARY 31, 2011

   An act to amend Section 76000.10 of the Government Code, relating
to emergency services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 215, as amended, Beall. Emergency services: Emergency Medical
Air Transportation Act.
   The Emergency Medical Air Transportation Act, until January 1,
2018, imposes specified penalties for certain Vehicle Code and local
ordinance violations. The act requires that the moneys generated from
those penalties be deposited by counties into a county emergency
medical air transportation act fund, and thereafter requires the
counties to transfer those moneys, less administrative costs, to the
Emergency Medical Air Transportation Act Fund established in the
State Treasury, as provided. The act requires moneys in the Emergency
Medical Air Transportation Act Fund to be made available, upon
appropriation by the Legislature, to the State Department of Health
Care Services for administrative costs, and to offset the state
portion of the Medi-Cal reimbursement rate for emergency medical air
transportation services and to augment emergency medical air
transportation reimbursement payments made through the Medi-Cal
program, as specified. 
   This bill would, instead, provide that the county or the court
that imposed the fine shall transfer the moneys collected pursuant to
this act to the Emergency Medical Air Transportation Act Fund in
accordance with certain procedures set out in the Government Code.

   This bill would require that, no later than March 1 of each year,
each county submit a report on the administration of the Emergency
Medical Air Transportation Act that contains specified requirements
to  certain state agencies and committees of the Legislature
  the State Department of Health Care Services  .
By imposing new duties on county officials 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 no reimbursement is required by this
act for a specified reason.  
   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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 76000.10 of the Government Code is amended to
read:
   76000.10.  (a) This section shall be known, and may be cited, as
the Emergency Medical Air Transportation Act.
   (b) For purposes of this section:
   (1) "Department" means the State Department of Health Care
Services.
   (2) "Director" means the Director of the State Department of
Health Care Services.
   (3) "Provider" means a provider of emergency medical air
transportation services.
   (4) "Rotary wing" means a type of aircraft, commonly referred to
as a helicopter, that generates lift through the use of wings, known
as rotor blades, that revolve around a mast.
   (5) "Fixed wing" means a type of aircraft, commonly referred to as
an airplane, that generates lift through the use of the forward
motion of the aircraft and wings that do not revolve around a mast
but are fixed in relation to the fuselage of the aircraft.
   (6) "Air mileage rate" means the per-mileage reimbursement rate
paid for services rendered by rotary-wing and fixed-wing providers.
   (c) (1) For purposes of implementing this section, a penalty of
four dollars ($4) shall be imposed upon every conviction for 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.
   (2) The penalty described in this subdivision shall be in addition
to the state penalty assessed pursuant to Section 1464 of the Penal
Code. However, this penalty shall not be included in the base fine
used to calculate the state penalty assessment pursuant to
subdivision (a) of Section 1464 of the Penal Code, the state
surcharge levied pursuant to Section 1465.7 of the Penal Code,
Section 70372 of the Government Code, and to calculate the other
additional penalties levied pursuant to this chapter. 
   (d) The county board of supervisors shall establish in the county
treasury an emergency medical air transportation act fund into which
shall be deposited the moneys collected pursuant to this section.
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.  
   (e) (1) Within 30 days following the last day of each calendar
quarter of the year, the county treasurer shall transfer moneys in
the county's emergency medical air transportation act fund to the
Controller 
    (d)     The county or the court that
imposed the fine shall, in accordance with the procedures set out in
Section 68101, transfer moneys collected pursuant to this section to
the Treasurer  for deposit into the Emergency Medical Air
Transportation Act Fund, which is hereby established in the State
Treasury. Notwithstanding Section 16305.7, the Emergency Medical Air
Transportation Act Fund shall include interest and dividends earned
on money in the fund.  Prior to the transfer of funds from
the county's emergency medical air transportation act fund to the
state, the county treasurer may withhold a sufficient amount from the
fund to reimburse the county and the courts for their actual,
reasonable, and necessary costs associated with administering this
section. To the extent moneys are withheld by the county treasurer,
an accounting report detailing these costs shall be sent to the
department at least once per calendar year.  
   (2) 
    (e)     (1)  The Emergency Medical Air
Transportation Act Fund shall be administered by the State
Department of Health Care Services. Moneys in the Emergency Medical
Air Transportation Act Fund shall be made available, upon
appropriation by the Legislature, to the department to be used as
follows:
   (A) For payment of the administrative costs of the department in
administering this section.
   (B) Twenty percent of the fund remaining after payment of
administrative costs pursuant to subparagraph (A) shall be used to
offset the state portion of the Medi-Cal reimbursement rate for
emergency medical air transportation services.
   (C) Eighty percent of the fund remaining after payment of
administrative costs pursuant to subparagraph (A) shall be used, to
augment emergency medical air transportation reimbursement payments
made through the Medi-Cal program, as set forth in paragraphs
 (3) and (4)   (2) and (3)  . 
   (3) 
    (2)  (A) The department shall seek to obtain federal
matching funds by using the moneys in the Emergency Medical Air
Transportation Act Fund for the purpose of augmenting Medi-Cal
reimbursement paid to emergency medical air transportation providers.

   (B) The director shall do all of the following:
   (i) By March 1, 2011, meet with medical air transportation
providers to determine the most appropriate methodology to distribute
the funds for medical air services.
   (ii) Implement the methodology determined most appropriate in a
timely manner.
   (iii) Develop the methodology in collaboration with the medical
air providers.
   (iv) Submit any state plan amendments or waiver requests that may
be necessary to implement this section.
   (v) Submit any state plan amendment or waiver request that may be
necessary to implement this section.
   (vi) Seek federal approvals or waivers as may be necessary to
implement this section and to obtain federal financial participation
to the maximum extent possible for the payments under this section.
If federal approvals are not received, moneys in the fund may be
distributed pursuant to this section until federal approvals are
received.
   (C) The director may give great weight to the needs of the
emergency medical air services providers, as discussed through the
development of the methodology. 
   (4) 
    (3)  (A) Upon appropriation by the Legislature, the
department shall use moneys in the Emergency Medical Air
Transportation Act Fund and any federal matching funds to increase
the Medi-Cal reimbursement for emergency medical air transportation
services in an amount not to exceed normal and customary charges
charged by the providers.
   (B) Notwithstanding any other provision of law, and pursuant to
this section, the department shall increase the Medi-Cal
reimbursement for emergency medical air transportation services
provided that both of the following conditions are met:
   (i) Moneys in the Emergency Medical Air Transportation Act Fund
will cover the cost of increased payments pursuant to subparagraph
(A).
   (ii) The state does not incur any General Fund expense to pay for
the Medi-Cal emergency medical air transportation services increase.
   (f) The assessment of penalties pursuant to this section shall
terminate commencing January 1, 2016. Penalties assessed prior to
January 1, 2016, shall continue to be collected, administered, and
distributed pursuant to this section until exhausted or until June
30, 2017, whichever occurs first. On June 30, 2017, moneys remaining
unexpended and unencumbered in the Emergency Medical Air
Transportation Act Fund shall be transferred to the General Fund, to
be available, upon appropriation by the Legislature, for the purposes
of augmenting Medi-Cal reimbursement for emergency medical air
transportation and related costs, generally.
   (g) Notwithstanding the rulemaking provisions of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 2 of the
Government Code, the department may implement, interpret, or make
specific this section and any applicable federal waivers and state
plan amendments by means of all county letters, plan letters, plan or
provider bulletins, or similar instructions without taking
regulatory action.
   (h) Notwithstanding Section 10231.5, no later than March 1 of each
year until 2018, each county shall submit a report to the 
department, the Senate Office of Research, the Assembly Committee on
Health, the Senate Committee on Health, the Assembly Committee on
Appropriations, and the Senate Committee on Appropriations on the
administration of the Emergency Medical Air Transportation Act that
contains all of the following information:   department
that contains the total amount of funds collected pursuant to
paragraph (1) of subdivision (c) and remitted to the State Treasury.
 
   (1) The total number of penalties imposed, and the total amount of
funds collected, pursuant to paragraph (1) of subdivision (c).
 
   (2) The total amount deposited by the county into the Emergency
Medical Air Transportation Act Fund, including the total amount
withheld by the county for administrative expenses. 
   (i) This section shall remain in effect until January 1, 2018, and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2018, deletes or extends that date.

  SEC. 2.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code. 
   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.