Amended in Senate September 11, 2013

Amended in Assembly April 18, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1112

Introduced by Assembly Member Ammiano

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(Coauthor: Assembly Member Maienschein)

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February 22, 2013

An act to amend Section begin delete 4860 end delete begin insert 131102 end insert of the begin delete Welfare and Institutions end delete begin insert Public Utilities end insert Code, relating to begin delete developmental services end delete begin insert transportation end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 1112, as amended, Ammiano. begin delete Developmental services: habilitation. end delete begin insert Transportation transactions and use taxes: Bay Area. end insert

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The Bay Area County Traffic and Transportation Funding Act authorizes the formation of county transportation authorities in each of the 9 Bay Area counties, and provides for the imposition of a retail transaction and use tax of either 1⁄2 of 1% or 1%, subject to voter approval, with revenues to be used for various transportation purposes. Existing law, however, limits the total rate of tax that may be imposed in a county under these provisions and under the Transactions and Use Tax Law to 1%.

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This bill would delete this limitation.

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Existing law provides that an adult who receives services for the developmentally disabled must be provided habilitation services, which include services provided under the Supported Employment Program, when he or she satisfies specified eligibility requirements. Under existing law, the Department of Rehabilitation or the regional center, as applicable, is required to pay providers of individualized or group-supported employment services an hourly rate of $30.82. Existing law also requires that a program provider be paid specified additional fees under certain circumstances. Existing law further requires the Department of Rehabilitation to establish and maintain maximum rates of payment for goods and services, as specified.

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This bill would require that those providers of individualized and group-supported employment services be paid the rates provided in existing law or rates established by the Department of Rehabilitation, whichever are greater. The bill would also require that a program provider, under certain circumstances, be paid a fee of $700 for employment preparation services provided to a consumer prior to placement in an integrated job.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 131102 of the end insert begin insert Public Utilities Code end insert begin insert is
amended to read: end insert

131102.  

(a)  begin delete Except as provided in subdivision (b), a end delete begin insert A end insert retail
transactions and use tax ordinance for a tax of either one-half of
1 percent or 1 percent applicable in the incorporated and
unincorporated territory of a county may be imposed by a county
transportation authority or the commission in the manner prescribed
in Section 131103 and Part 1.6 (commencing with Section 7251)
of Division 2 of the Revenue and Taxation Code, if two-thirds of
the electors voting on the measure vote to approve its imposition
at an election which shall be called for this purpose by the board
of supervisors within one year after the adoption of a county
transportation expenditure plan.

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(b) The rate of tax imposed pursuant to subdivision (a) together
with the rate of tax imposed pursuant to the Transactions and Use
Tax Law (Part 1.6 (commencing with Section 7251) of Division
2 of the Revenue and Taxation Code) by any entity, as authorized
by any other provision of law, shall not exceed 1 percent in any
county.

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(c)

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begin insert (b) end insert  The ordinance shall take effect at the close of the polls on
the day of election at which the proposition, as set forth in Section
131108, is adopted. The ordinance shall specify the period, as
determined by the adopted county transportation expenditure plan
during which the tax will be imposed. The tax may be terminated
earlier if the projects in the adopted plan are completed and any
bonds outstanding issued pursuant to this division are redeemed.

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SECTION 1.  

Section 4860 of the Welfare and Institutions Code
is amended to read:

4860.  

(a) (1) The hourly rate for supported employment
services provided to consumers receiving individualized services
shall be thirty dollars and eighty-two cents ($30.82).

(2) Job coach hours spent in travel to consumer worksites may
be reimbursable for individualized services only when the job
coach travels from the vendor’s headquarters to the consumer’s
worksite or from one consumer’s worksite to another, and only
when the travel is one way.

(b) The hourly rate for group services shall be thirty dollars and
eighty-two cents ($30.82), regardless of the number of consumers
served in the group. Consumers in a group shall be scheduled to
start and end work at the same time, unless an exception that takes
into consideration the consumer’s compensated work schedule is
approved in advance by the regional center. The department, in
consultation with stakeholders, shall adopt regulations to define
the appropriate grounds for granting these exceptions. When the
number of consumers in a supported employment placement group
drops to fewer than the minimum required in subdivision (r) of
Section 4851, the regional center may terminate funding for the
group services in that group, unless, within 90 days, the program
provider adds one or more regional centers, or Department of
Rehabilitation-funded supported employment consumers to the
group.

(c) Job coaching hours for group services shall be allocated on
a prorated basis between a regional center and the Department of
Rehabilitation when regional center and Department of
Rehabilitation consumers are served in the same group.

(d) When Section 4855 applies, fees shall be authorized for the
following:

(1) A three-hundred-sixty-dollar ($360) fee shall be paid to the
program provider upon intake of a consumer into a supported
employment program. No fee shall be paid if that consumer
completed a supported employment intake process with that same
supported employment program within the previous 12 months.

(2) A seven-hundred-dollar ($700) fee shall be paid to the
program provider for employment preparation services provided
to a consumer prior to placement in an integrated job. No fee shall
be paid if that consumer completed an employment preparation
process with the same supported employment program within the
previous 12 months.

(3) A seven-hundred-twenty-dollar ($720) fee shall be paid
upon placement of a consumer in an integrated job, except that no
fee shall be paid if that consumer is placed with another consumer
or consumers assigned to the same job coach during the same hours
of employment.

(4) A seven-hundred-twenty-dollar ($720) fee shall be paid after
a 90-day retention of a consumer in a job, except that no fee shall
be paid if that consumer has been placed with another consumer
or consumers, assigned to the same job coach during the same
hours of employment.

(e) Notwithstanding paragraph (4) of subdivision (a) of Section
4648, the regional center shall pay the supported employment
program rates established by this section, or rates established by
the Department of Rehabilitation, whichever are greater.

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