Amended in Senate June 6, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1420

Introduced by Committee on Accountability and Administrative Review (Frazier (Chair), Achadjian (Vice Chair), Buchanan, Ian Calderon, Cooley, Gorell, Hagman, Lowenthal, Medina, and Salas)

March 21, 2013

An act to amend Sections 1917.1, 2028.5, 5092, and 12104 of the Business and Professions Code, to amend begin insert and repeal end insert Section 14076 of the Corporations Code, to amend Section 1727 of the Fish and Game Code, to amend Sections 19849.11 begin delete and end delete begin insert , end insert 22959.6 begin insert , and 30061 end insert of begin delete , and to repeal Section 11535 of, end delete the Government Code, begin insert to amend Section 25174 of the Health and Safety Code, end insert to amend Sections 4801 and 11166 of the Penal Code, to amend Sections 4214 and 25722.8 of the Public Resources Code, begin insert to amend Section 8352.4 of the Revenue and Taxation Code, end insert to amend Section 9250.14 of the Vehicle Code, begin insert and end insert to amend Sections begin insert 4024, end insert 11462, 14132, and 14701 of the Welfare and Institutions Code, begin delete and to repeal Section 4 of Chapter 1299 of the Statutes of 1992, end delete relating to state government.

LEGISLATIVE COUNSEL’S DIGEST

AB 1420, as amended, Committee on Accountability and Administrative Review. State government: state agencies: reports.

Existing law requires various state agencies to submit certain reports, plans, evaluations, and other similar documents to the Legislature and other state agencies.

This bill would eliminate provisions that require certain state agencies to submit certain reports to the Legislature and other state agencies. The bill would also modify requirements of certain reports by requiring, among other things, that reports be placed on the Internet Web site of the reporting agency rather than to be submitted to the Legislature or other state agencies, or requiring certain state agencies to collaborate with other state agencies in preparing those reports. The bill would also modify cross-references.

begin insert

This bill would make various conforming changes.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Section 1917.1 of the Business and Professions
Code is amended to read:

1917.1.  

(a) The committee may grant a license as a registered
dental hygienist to an applicant who has not taken a clinical
examination before the committee, if the applicant submits all of
the following to the committee:

(1) A completed application form and all fees required by the
committee.

(2) Proof of a current license as a registered dental hygienist
issued by another state that is not revoked, suspended, or otherwise
restricted.

(3) Proof that the applicant has been in clinical practice as a
registered dental hygienist or has been a full-time faculty member
in an accredited dental hygiene education program for a minimum
of 750 hours per year for at least five years immediately preceding
the date of his or her application under this section. The clinical
practice requirement shall be deemed met if the applicant provides
proof of at least three years of clinical practice and commits to
completing the remaining two years of clinical practice by filing
with the committee a copy of a pending contract to practice dental
hygiene in any of the following facilities:

(A) A primary care clinic licensed under subdivision (a) of
Section 1204 of the Health and Safety Code.

(B) A primary care clinic exempt from licensure pursuant to
subdivision (c) of Section 1206 of the Health and Safety Code.

(C) A clinic owned or operated by a public hospital or health
system.

(D) A clinic owned and operated by a hospital that maintains
the primary contract with a county government to fill the county’s
role under Section 17000 of the Welfare and Institutions Code.

(4) Satisfactory performance on a California law and ethics
examination and any examination that may be required by the
committee.

(5) Proof that the applicant has not been subject to disciplinary
action by any state in which he or she, is or has been previously,
issued any professional or vocational license. If the applicant has
been subject to disciplinary action, the committee shall review that
action to determine if it warrants refusal to issue a license to the
applicant.

(6) Proof of graduation from a school of dental hygiene
accredited by the Commission on Dental Accreditation.

(7) Proof of satisfactory completion of the National Dental
Hygiene Board Examination and of a state clinical examination,
regional clinical licensure examination, or any other clinical dental
hygiene examination approved by the committee.

(8) Proof that the applicant has not failed the state clinical
examination, the examination given by the Western Regional
Examining Board, or any other clinical dental hygiene examination
approved by the committee for licensure to practice dental hygiene
under this chapter more than once or once within five years prior
to the date of his or her application for a license under this section.

(9) Documentation of completion of a minimum of 25 units of
continuing education earned in the two years preceding application,
including completion of any continuing education requirements
imposed by the committee on registered dental hygienists licensed
in this state at the time of application.

(10) Any other information as specified by the committee to
the extent that it is required of applicants for licensure by
examination under this article.

(b) The committee may periodically request verification of
compliance with the requirements of paragraph (3) of subdivision
(a), and may revoke the license upon a finding that the employment
requirement or any other requirement of paragraph (3) of
subdivision (a) has not been met.

(c) The committee shall provide in the application packet to
each out-of-state dental hygienist pursuant to this section the
following information:

(1) The location of dental manpower shortage areas in the state.

(2) Any not-for-profit clinics, public hospitals, and accredited
dental hygiene education programs seeking to contract with
licensees for dental hygiene service delivery or training purposes.

SEC. 2.  

Section 2028.5 of the Business and Professions Code
is amended to read:

2028.5.  

(a) The board may establish a pilot program to expand
the practice of telehealth in this state.

(b) To implement this pilot program, the board may convene a
working group of interested parties from the public and private
sectors, including, but not limited to, state health-related agencies,
health care providers, health plan administrators, information
technology groups, and groups representing health care consumers.

(c) The purpose of the pilot program shall be to develop
methods, using a telehealth model, to deliver throughout the state
health care to persons with chronic diseases as well as information
on the best practices for chronic disease management services and
techniques and other health care information as deemed
appropriate.

SEC. 3.  

Section 5092 of the Business and Professions Code is
amended to read:

5092.  

(a) To qualify for the certified public accountant license,
an applicant who is applying under this section shall meet the
education, examination, and experience requirements specified in
subdivisions (b), (c), and (d), or otherwise prescribed pursuant to
this article. The board may adopt regulations as necessary to
implement this section.

(b) An applicant for the certified public accountant license shall
present satisfactory evidence that the applicant has completed a
baccalaureate or higher degree conferred by a college or university,
meeting, at a minimum, the standards described in Section 5094,
the total educational program to include a minimum of 24 semester
units in accounting subjects and 24 semester units in
business-related subjects. This evidence shall be provided prior to
admission to the examination for the certified public accountant
license, except that an applicant who applied, qualified, and sat
for at least two subjects of the examination for the certified public
accountant license before May 15, 2002, may provide this evidence
at the time of application for licensure.

(c) An applicant for the certified public accountant license shall
pass an examination prescribed by the board pursuant to this article.

(d) The applicant shall show, to the satisfaction of the board,
that the applicant has had two years of qualifying experience. This
experience may include providing any type of service or advice
involving the use of accounting, attest, compilation, management
advisory, financial advisory, tax, or consulting skills. To be
qualifying under this section, experience shall have been performed
in accordance with applicable professional standards. Experience
in public accounting shall be completed under the supervision or
in the employ of a person licensed or otherwise having comparable
authority under the laws of any state or country to engage in the
practice of public accountancy. Experience in private or
governmental accounting or auditing shall be completed under the
supervision of an individual licensed by a state to engage in the
practice of public accountancy.

(e) This section shall become inoperative on January 1, 2014,
but shall become or remain operative if the educational
requirements in ethics study and accounting study established by
subdivision (b) of Section 5093 and Section 5094.6 are reduced
or eliminated.

SEC. 4.  

Section 12104 of the Business and Professions Code
is amended to read:

12104.  

(a) The department shall issue instructions and make
recommendations to the county sealers, and the instructions and
recommendations shall govern the procedure to be followed by
these officers in the discharge of their duties.

(b) Instructions and recommendations that are made to ensure
statewide weights and measures protection shall include a local
administration cost analysis utilizing data provided by the county
sealer. The cost analysis shall identify the joint programs or
activities for which funds necessary to maintain adequate county
administration and enforcement have not been provided. The
secretary shall develop, jointly with the county sealers, county
priorities for the enforcement programs and activities of the
secretary.

SEC. 5.  

Section 14076 of the Corporations Code, as amended
by Section 6 of Chapter 648 of the Statutes of 2012, is amended
to read:

14076.  

(a) It is the intent of the Legislature that the
corporations make maximal use of their statutory authority to
guarantee loans and surety bonds, including the authority to secure
loans with a minimum loan loss reserve of only 20 percent, so that
the financing needs of small business may be met as fully as
possible within the limits of corporations’ loan loss reserves. The
begin delete agency end delete begin insert office end insert shall report annually to the Legislature on the
financial status of the corporations and their portfolio of loans and
surety bonds guaranteed. begin delete The agency shall include this end delete begin insert This end insert
information begin insert shall be included end insert in the annual report submitted to the
Legislature begin delete by the director end delete pursuant to subdivision (b) of Section
14030.2.

(b) Any corporation that serves an area declared to be in a state
of emergency by the Governor or a disaster area by the President
of the United States, the Administrator of the United States Small
Business Administration, or the United States Secretary of
Agriculture shall increase the portfolio of loan guarantees where
the dollar amount of the loan is less than one hundred thousand
dollars ($100,000), so that at least 15 percent of the dollar value
of loans guaranteed by the corporation is for those loans. The
corporation shall comply with this requirement within one year of
the date the emergency or disaster is declared. Upon application
of a corporation, the director may waive or modify the rule for the
corporation if the corporation demonstrates that it made a good
faith effort to comply and failed to locate lending institutions in
the region that the corporation serves that are willing to make
guaranteed loans in that amount.

begin delete

(c) This section shall remain in effect only 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.

end delete begin insert

(c) This section shall become operative on January 1, 2018.

end insert

begin delete

SEC. 6.  

Section 14076 of the Corporations Code, as amended
by Section 7 of Chapter 648 of the Statutes of 2012, is amended
to read:

14076.  

(a) It is the intent of the Legislature that the
corporations make maximal use of their statutory authority to
guarantee loans and surety bonds, including the authority to secure
loans with a minimum loan loss reserve of only 25 percent, unless
the agency authorizes a higher leverage ratio for an individual
corporation pursuant to subdivision (b) of Section 14037, so that
the financing needs of small business may be met as fully as
possible within the limits of corporations’ loan loss reserves. The
agency shall report annually to the Legislature on the financial
status of the corporations and their portfolio of loans and surety
bonds guaranteed. The agency shall include this information in
the annual report submitted to the Legislature by the director
pursuant to subdivision (b) of Section 14030.2.

(b) Any corporation that serves an area declared to be in a state
of emergency by the Governor or a disaster area by the President
of the United States, the Administrator of the United States Small
Business Administration, or the United States Secretary of
Agriculture shall increase the portfolio of loan guarantees where
the dollar amount of the loan is less than one hundred thousand
dollars ($100,000), so that at least 15 percent of the dollar value
of loans guaranteed by the corporation is for those loans. The
corporation shall comply with this requirement within one year of
the date the emergency or disaster is declared. Upon application
of a corporation, the director may waive or modify the rule for the
corporation if the corporation demonstrates that it made a good
faith effort to comply and failed to locate lending institutions in
the region that the corporation serves that are willing to make
guaranteed loans in that amount.

(c) This section shall become operative on January 1, 2018.

end delete

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 14076 of the end insert begin insert Corporations Code end insert begin insert , as amended
by Section 7 of Chapter 648 of the Statutes of 2012, is repealed. end insert

begin delete

14076.  

(a) It is the intent of the Legislature that the
corporations make maximal use of their statutory authority to
guarantee loans and surety bonds, including the authority to secure
loans with a minimum loan loss reserve of only 25 percent, unless
the agency authorizes a higher leverage ratio for an individual
corporation pursuant to subdivision (b) of Section 14037, so that
the financing needs of small business may be met as fully as
possible within the limits of corporations’ loan loss reserves. The
agency shall report annually to the Legislature on the financial
status of the corporations and their portfolio of loans and surety
bonds guaranteed.

(b) Any corporation that serves an area declared to be in a state
of emergency by the Governor or a disaster area by the President
of the United States, the Administrator of the United States Small
Business Administration, or the United States Secretary of
Agriculture shall increase the portfolio of loan guarantees where
the dollar amount of the loan is less than one hundred thousand
dollars ($100,000), so that at least 15 percent of the dollar value
of loans guaranteed by the corporation is for those loans. The
corporation shall comply with this requirement within one year of
the date the emergency or disaster is declared. Upon application
of a corporation, the director may waive or modify the rule for the
corporation if the corporation demonstrates that it made a good
faith effort to comply and failed to locate lending institutions in
the region that the corporation serves that are willing to make
guaranteed loans in that amount.

(c) This section shall become operative on January 1, 2018.

end delete

SEC. 7.  

Section 1727 of the Fish and Game Code is amended
to read:

1727.  

(a) In order to provide for a diversity of available angling
experiences throughout the state, it is the intent of the Legislature
that the commission maintain the existing wild trout program, and
as part of the program, develop additional wild trout waters in the
more than 20,000 miles of trout streams and approximately 5,000
lakes containing trout in California.

(b) The department shall prepare a list of no less than 25 miles
of stream or stream segments and at least one lake that it deems
suitable for designation as wild trout waters. The department shall
submit this list to the commission for its consideration at the regular
October commission meeting.

(c) The commission may remove any stream or lake that it has
designated as a wild trout fishery from the program at any time.
If any of those waters are removed from the program, an equivalent
amount of stream mileage or an equivalent size lake shall be added
to the wild trout program.

begin insert

(d) The department shall prepare and complete management
plans for all wild trout waters not more than three years following
their initial designation by the commission and update the
management plan every five years following completion of the
initial management plan.

end insert

begin delete

SEC. 8.  

Section 11535 of the Government Code, as added by
Section 8 of Chapter 147 of the Statutes of 2012, is repealed.

end delete

begin delete SEC. 9. end delete
begin insert SEC. 8. end insert   

Section 19849.11 of the Government Code is amended
to read:

19849.11.  

The Department of Human Resources, subject to
any condition that it may establish, subject to existing statutes
governing health benefits and group term life insurance offered
through the Public Employees’ Retirement System, and subject to
all other applicable provisions of state law, may enter into contracts
for the purchase of employee benefits with respect to managerial
and confidential employees as defined by subdivisions (e) and (f)
of Section 3513, and employees excluded from the definition of
state employee in subdivision (c) of Section 3513, and officers or
employees of the executive branch of government who are not
members of the civil service, and supervisory employees as defined
in subdivision (g) of Section 3513. Benefits shall include, but not
be limited to, group life insurance, group disability insurance,
long-term disability insurance, group automobile liability and
physical damage insurance, and homeowners’ and renters’
insurance.

The department may self-insure the long-term disability
insurance program if it is cost effective to do so.

begin delete SEC. 10. end delete
begin insert SEC. 9. end insert   

Section 22959.6 of the Government Code is amended
to read:

22959.6.  

(a) The Department of Human Resources may
contract with one or more vision care plans for annuitants and
eligible family members, provided the carrier or carriers have
operated successfully in the area of vision care benefits for a
reasonable period, as determined by the Department of Human
Resources.

(b) The Department of Human Resources, as the program
administrator, has full administrative authority over this program
and associated funds and shall require the monthly premium to be
paid by the annuitant for the vision care plan. The premium to be
paid by the annuitant shall be deducted from his or her monthly
allowance. If there are insufficient funds in an annuitant’s
allowance to pay the premium, the plan provider shall directly bill
the annuitant. A vision care plan or plans provided under this
authority shall be funded by the annuitants’ premium. All premiums
received from annuitants shall be deposited in the Vision Care
Program for State Annuitants Fund, which is hereby created in the
State Treasury. Any income earned on the moneys in the Vision
Care Program for State Annuitants Fund shall be credited to the
fund. Notwithstanding Section 13340, moneys in the fund are
continuously appropriated for the purposes specified in subdivision
(d).

(c) An annuitant may enroll in a vision care plan provided by
a carrier that also provides a health benefit plan pursuant to Section
22850 if the employee or annuitant is also enrolled in the health
benefit plan provided by that carrier. However, this section may
not be construed to require an annuitant to enroll in a vision care
plan and a health benefit plan provided by the same carrier. An
annuitant enrolled in this program shall only enroll into a vision
plan or vision plans contracted for by the Department of Human
Resources.

(d) A contract for a vision care plan may not be entered into
unless the Department of Human Resources determines it is
reasonable to do so. Notwithstanding any other provision of law,
any premium moneys paid into this program by annuitants for the
purposes of the annuitant vision care plan that is contracted for
shall be used for the cost of providing vision care benefits to
eligible, enrolled annuitants and their eligible and enrolled
dependents, the payment of claims for those vision benefits, and
the cost of administration of the vision care plan or plans under
this vision care program, those costs being determined by the
Department of Human Resources.

(e) If the Director of Human Resources determines that it is not
economically feasible to continue this program anytime after its
commencement, the director may, upon written notice to enrollees
and to the contracting plan or plans, terminate this program within
a reasonable time. The notice of termination to the plan or plans
shall be determined by the Department of Human Resources. The
notice to enrollees of the termination of the program shall
commence no later than three months prior to the actual date of
termination of the program.

(f) Premium rates for this program shall be determined by the
Department of Human Resources in conjunction with the contracted
plan or plans and shall be considered separate and apart from active
employee premium rates.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 30061 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

30061.  

(a) There shall be established in each county treasury
a Supplemental Law Enforcement Services Account (SLESA), to
receive all amounts allocated to a county for purposes of
implementing this chapter.

(b) In any fiscal year for which a county receives moneys to be
expended for the implementation of this chapter, the county auditor
shall allocate the moneys in the county’s SLESA within 30 days
of the deposit of those moneys into the fund. The moneys shall be
allocated as follows:

(1) Five and fifteen-hundredths percent to the county sheriff for
county jail construction and operation. In the case of Madera,
Napa, and Santa Clara Counties, this allocation shall be made to
the county director or chief of corrections.

(2) Five and fifteen-hundredths percent to the district attorney
for criminal prosecution.

(3) Thirty-nine and seven-tenths percent to the county and the
cities within the county, and, in the case of San Mateo, Kern,
Siskiyou, and Contra Costa Counties, also to the Broadmoor Police
Protection District, the Bear Valley Community Services District,
the Stallion Springs Community Services District, the Lake
Shastina Community Services District, and the Kensington Police
Protection and Community Services District, in accordance with
the relative population of the cities within the county and the
unincorporated area of the county, and the Broadmoor Police
Protection District in the County of San Mateo, the Bear Valley
Community Services District and the Stallion Springs Community
Services District in Kern County, the Lake Shastina Community
Services District in Siskiyou County, and the Kensington Police
Protection and Community Services District in Contra Costa
County, as specified in the most recent January estimate by the
population research unit of the Department of Finance, and as
adjusted to provide, except as provided in subdivision (j), a grant
of at least one hundred thousand dollars ($100,000) to each law
enforcement jurisdiction. For a newly incorporated city whose
population estimate is not published by the Department of Finance,
but that was incorporated prior to July 1 of the fiscal year in which
an allocation from the SLESA is to be made, the city manager, or
an appointee of the legislative body, if a city manager is not
available, and the county administrative or executive officer shall
prepare a joint notification to the Department of Finance and the
county auditor with a population estimate reduction of the
unincorporated area of the county equal to the population of the
newly incorporated city by July 15, or within 15 days after the
Budget Act is enacted, of the fiscal year in which an allocation
from the SLESA is to be made. No person residing within the
Broadmoor Police Protection District, the Bear Valley Community
Services District, the Stallion Springs Community Services District,
the Lake Shastina Community Services District, or the Kensington
Police Protection and Community Services District shall also be
counted as residing within the unincorporated area of the County
of San Mateo, Kern, Siskiyou, or Contra Costa, or within any city
located within those counties. Except as provided in subdivision
(j), the county auditor shall allocate a grant of at least one hundred
thousand dollars ($100,000) to each law enforcement jurisdiction.
Moneys allocated to the county pursuant to this subdivision shall
be retained in the county SLESA, and moneys allocated to a city
pursuant to this subdivision shall be deposited in an SLESA
established in the city treasury.

(4) Fifty percent to the county or city and county to implement
a comprehensive multiagency juvenile justice plan as provided in
this paragraph. The juvenile justice plan shall be developed by the
local juvenile justice coordinating council in each county and city
and county with the membership described in Section 749.22 of
the Welfare and Institutions Code. If a plan has been previously
approved by the Corrections Standards Authority or, commencing
July 1, 2012, by the Board of State and Community Corrections,
the plan shall be reviewed and modified annually by the council.
The plan or modified plan shall be approved by the county board
of supervisors, and in the case of a city and county, the plan shall
also be approved by the mayor. The plan or modified plan shall
be submitted to the Board of State and Community Corrections
by May 1 of each year.

(A) Juvenile justice plans shall include, but not be limited to,
all of the following components:

(i) An assessment of existing law enforcement, probation,
education, mental health, health, social services, drug and alcohol,
and youth services resources that specifically target at-risk
juveniles, juvenile offenders, and their families.

(ii) An identification and prioritization of the neighborhoods,
schools, and other areas in the community that face a significant
public safety risk from juvenile crime, such as gang activity,
daylight burglary, late-night robbery, vandalism, truancy, controlled
substances sales, firearm-related violence, and juvenile substance
abuse and alcohol use.

(iii) A local juvenile justice action strategy that provides for a
continuum of responses to juvenile crime and delinquency and
demonstrates a collaborative and integrated approach for
implementing a system of swift, certain, and graduated responses
for at-risk youth and juvenile offenders.

(iv) Programs identified in clause (iii) that are proposed to be
funded pursuant to this subparagraph, including the projected
amount of funding for each program.

(B) Programs proposed to be funded shall satisfy all of the
following requirements:

(i) Be based on programs and approaches that have been
demonstrated to be effective in reducing delinquency and
addressing juvenile crime for any elements of response to juvenile
crime and delinquency, including prevention, intervention,
suppression, and incapacitation.

(ii) Collaborate and integrate services of all the resources set
forth in clause (i) of subparagraph (A), to the extent appropriate.

(iii) Employ information sharing systems to ensure that county
actions are fully coordinated, and designed to provide data for
measuring the success of juvenile justice programs and strategies.

(iv) Adopt goals related to the outcome measures that shall be
used to determine the effectiveness of the local juvenile justice
action strategy.

(C) The plan shall also identify the specific objectives of the
programs proposed for funding and specified outcome measures
to determine the effectiveness of the programs and contain an
accounting for all program participants, including those who do
not complete the programs. Outcome measures of the programs
proposed to be funded shall include, but not be limited to, all of
the following:

(i) The rate of juvenile arrests per 100,000 population.

(ii) The rate of successful completion of probation.

(iii) The rate of successful completion of restitution and
court-ordered community service responsibilities.

(iv) Arrest, incarceration, and probation violation rates of
program participants.

(v) Quantification of the annual per capita costs of the program.

(D) The Board of State and Community Corrections shall review
plans or modified plans submitted pursuant to this paragraph within
30 days upon receipt of submitted or resubmitted plans or modified
plans. The board shall approve only those plans or modified plans
that fulfill the requirements of this paragraph, and shall advise a
submitting county or city and county immediately upon the
approval of its plan or modified plan. The board shall offer, and
provide, if requested, technical assistance to any county or city
and county that submits a plan or modified plan not in compliance
with the requirements of this paragraph. The SLESA shall only
allocate funding pursuant to this paragraph upon notification from
the board that a plan or modified plan has been approved.

begin delete

(E) To assess the effectiveness of programs funded pursuant to
this paragraph using the program outcome criteria specified in
subparagraph (C), the following periodic reports shall be submitted:

(i) Each county or city and county shall report, beginning
October 15, 2002, and annually each October 15 thereafter, to the
county board of supervisors and the Board of State and Community
Corrections, in a format specified by the board, on the programs
funded pursuant to this chapter and program outcomes as specified
in subparagraph (C).

(ii) The Board of State and Community Corrections shall
compile the local reports and, by March 15, 2003, and annually
thereafter, make a report to the Governor and the Legislature on
program expenditures within each county and city and county from
the appropriation for the purposes of this paragraph, on the
outcomes as specified in subparagraph (C) of the programs funded
pursuant to this paragraph and the statewide effectiveness of the
comprehensive multiagency juvenile justice plans.

end delete

(c) Subject to subdivision (d), for each fiscal year in which the
county, each city, the Broadmoor Police Protection District, the
Bear Valley Community Services District, the Stallion Springs
Community Services District, the Lake Shastina Community
Services District, and the Kensington Police Protection and
Community Services District receive moneys pursuant to paragraph
(3) of subdivision (b), the county, each city, and each district
specified in this subdivision shall appropriate those moneys in
accordance with the following procedures:

(1) In the case of the county, the county board of supervisors
shall appropriate existing and anticipated moneys exclusively to
provide frontline law enforcement services, other than those
services specified in paragraphs (1) and (2) of subdivision (b), in
the unincorporated areas of the county, in response to written
requests submitted to the board by the county sheriff and the district
attorney. Any request submitted pursuant to this paragraph shall
specify the frontline law enforcement needs of the requesting
entity, and those personnel, equipment, and programs that are
necessary to meet those needs.

(2) In the case of a city, the city council shall appropriate
existing and anticipated moneys exclusively to fund frontline
municipal police services, in accordance with written requests
submitted by the chief of police of that city or the chief
administrator of the law enforcement agency that provides police
services for that city.

(3) In the case of the Broadmoor Police Protection District
within the County of San Mateo, the Bear Valley Community
Services District or the Stallion Springs Community Services
District within Kern County, the Lake Shastina Community
Services District within Siskiyou County, or the Kensington Police
Protection and Community Services District within Contra Costa
County, the legislative body of that special district shall appropriate
existing and anticipated moneys exclusively to fund frontline
municipal police services, in accordance with written requests
submitted by the chief administrator of the law enforcement agency
that provides police services for that special district.

(d) For each fiscal year in which the county, a city, or the
Broadmoor Police Protection District within the County of San
Mateo, the Bear Valley Community Services District or the Stallion
Springs Community Services District within Kern County, the
Lake Shastina Community Services District within Siskiyou
County, or the Kensington Police Protection and Community
Services District within Contra Costa County receives any moneys
pursuant to this chapter, in no event shall the governing body of
any of those recipient agencies subsequently alter any previous,
valid appropriation by that body, for that same fiscal year, of
moneys allocated to the county or city pursuant to paragraph (3)
of subdivision (b).

(e) For the 2011-12 fiscal year, the Controller shall allocate
23.54 percent of the amount deposited in the Local Law
Enforcement Services Account in the Local Revenue Fund 2011
for the purposes of paragraphs (1), (2), and (3) of subdivision (b),
and shall allocate 23.54 percent for purposes of paragraph (4) of
subdivision (b).

(f) Commencing with the 2012-13 fiscal year, the Controller
shall allocate 21.86 percent of the amount deposited in the
Enhancing Law Enforcement Activities Subaccount in the Local
Revenue Fund 2011 for the purposes of paragraphs (1) to (3),
inclusive, of subdivision (b), and shall allocate 21.86 percent for
purposes of paragraph (4) of subdivision (b).

(g) The Controller shall allocate funds to local jurisdictions for
public safety in accordance with this section as annually calculated
by the Director of Finance.

(h) Funds received pursuant to subdivision (b) shall be expended
or encumbered in accordance with this chapter no later than June
30 of the following fiscal year. A local agency that has not met
the requirement of this subdivision shall remit unspent SLESA
moneys received after April 1, 2009, to the Controller for deposit
in the Local Safety and Protection Account, after April 1, 2012,
to the Local Law Enforcement Services Account, and after July
1, 2012, to the County Enhancing Law Enforcement Activities
Subaccount.

(i) In the 2010-11 fiscal year, if the fourth quarter revenue
derived from fees imposed by subdivision (a) of Section 10752.2
of the Revenue and Taxation Code that are deposited in the General
Fund and transferred to the Local Safety and Protection Account,
and continuously appropriated to the Controller for allocation
pursuant to this section, are insufficient to provide a minimum
grant of one hundred thousand dollars ($100,000) to each law
enforcement jurisdiction, the county auditor shall allocate the
revenue proportionately, based on the allocation schedule in
paragraph (3) of subdivision (b). The county auditor shall
proportionately allocate, based on the allocation schedule in
paragraph (3) of subdivision (b), all revenues received after the
distribution of the fourth quarter allocation attributable to these
fees for which payment was due prior to July 1, 2011, until all
minimum allocations are fulfilled, at which point all remaining
revenue shall be distributed proportionately among the other
jurisdictions.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 25174 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

25174.  

(a) There is in the General Fund the Hazardous Waste
Control Account, which shall be administered by the director. In
addition to any other money that may be deposited in the
Hazardous Waste Control Account, pursuant to statute, all of the
following amounts shall be deposited in the account:

(1) The fees collected pursuant to Sections 25174.1, 25205.2,
25205.5, 25205.15, and 25205.16.

(2) The fees collected pursuant to Section 25187.2, to the extent
that those fees are for the oversight of corrective action taken under
this chapter.

(3) Any interest earned upon the money deposited in the
Hazardous Waste Control Account.

(4) Any money received from the federal government pursuant
to the federal act.

(5) Any reimbursements for funds expended from the Hazardous
Waste Control Account for services provided by the department
pursuant to this chapter, including, but not limited to, the
reimbursements required pursuant to Sections 25201.9 and 25205.7.

(b) The funds deposited in the Hazardous Waste Control
Account may be appropriated by the Legislature, for expenditure
as follows:

(1) To the department for the administration and implementation
of this chapter.

(2) To the department for allocation to the State Board of
Equalization to pay refunds of fees collected pursuant to Sections
43051 and 43053 of the Revenue and Taxation Code and for the
administration and collection of the fees imposed pursuant to
Article 9.1 (commencing with Section 25205.1) that are deposited
into the Hazardous Waste Control Account.

(3) To the department for the costs of performance or review
of analyses of past, present, or potential environmental public
health effects related to toxic substances, including extremely
hazardous waste, as defined in Section 25115, and hazardous waste,
as defined in Section 25117.

(4) begin delete   end delete begin delete (A) end delete  To the department for allocation to the office of the
Attorney General for the support of the Toxic Substance
Enforcement Program in the office of the Attorney General, in
carrying out the purposes of this chapter.

begin delete

(B) On or before October 1 of each year, the Attorney General
shall report to the Legislature on the expenditure of any funds
allocated to the office of the Attorney General for the preceding
fiscal year pursuant to this paragraph and paragraph (14) of
subdivision (b) of Section 25173.6. The report shall include all of
the following:

(i) A description of cases resolved by the office of the Attorney
General through settlement or court order, including the monetary
benefit to the department and the state.

(ii) A description of injunctions or other court orders benefiting
the people of the state.

(iii) A description of any cases in which the Attorney General’s
Toxic Substance Enforcement Program is representing the
department or the state against claims by defendants or responsible
parties.

(iv) A description of other pending litigation handled by the
Attorney General’s Toxic Substance Enforcement Program.

(C) Nothing in subparagraph (C) shall require the Attorney
General to report on any confidential or investigatory matter.

end delete

(5) To the department for administration and implementation
of Chapter 6.11 (commencing with Section 25404).

(c) (1) Expenditures from the Hazardous Waste Control
Account for support of state agencies other than the department
shall, upon appropriation by the Legislature to the department, be
subject to an interagency agreement or similar mechanism between
the department and the state agency receiving the support.

(2) The department shall, at the time of the release of the annual
Governor’s Budget, describe the budgetary amounts proposed to
be allocated to the State Board of Equalization, as specified in
paragraph (2) of subdivision (b) and in paragraph (3) of subdivision
(b) of Section 25173.6, for the upcoming fiscal year.

(3) It is the intent of the Legislature that moneys appropriated
in the annual Budget Act each year for the purpose of reimbursing
the State Board of Equalization, a private party, or other public
agency, for the administration and collection of the fees imposed
pursuant to Article 9.1 (commencing with Section 25205.1) and
deposited in the Hazardous Waste Control Account, shall not
exceed the costs incurred by the State Board of Equalization, the
private party, or other public agency, for the administration and
collection of those fees.

(d) With respect to expenditures for the purposes of paragraphs
(1) and (3) of subdivision (b) and paragraphs (1) and (2) of
subdivision (b) of Section 25173.6, the department shall, at the
time of the release of the annual Governor’s Budget, also make
available the budgetary amounts and allocations of staff resources
of the department proposed for the following activities:

(1) The department shall identify, by permit type, the projected
allocations of budgets and staff resources for hazardous waste
facilities permits, including standardized permits, closure plans,
and postclosure permits.

(2) The department shall identify, with regard to surveillance
and enforcement activities, the projected allocations of budgets
and staff resources for the following types of regulated facilities
and activities:

(A) Hazardous waste facilities operating under a permit or grant
of interim status issued by the department, and generator activities
conducted at those facilities. This information shall be reported
by permit type.

(B) Transporters.

(C) Response to complaints.

(3) The department shall identify the projected allocations of
budgets and staff resources for both of the following activities:

(A) The registration of hazardous waste transporters.

(B) The operation and maintenance of the hazardous waste
manifest system.

(4) The department shall identify, with regard to site mitigation
and corrective action, the projected allocations of budgets and staff
resources for the oversight and implementation of the following
activities:

(A) Investigations and removal and remedial actions at military
bases.

(B) Voluntary investigations and removal and remedial actions.

(C) State match and operation and maintenance costs, by site,
at joint state and federally funded National Priority List Sites.

(D) Investigation, removal and remedial actions, and operation
and maintenance at the Stringfellow Hazardous Waste Site.

(E) Investigation, removal and remedial actions, and operation
and maintenance at the Casmalia Hazardous Waste Site.

(F) Investigations and removal and remedial actions at
nonmilitary, responsible party lead National Priority List Sites.

(G) Preremedial activities under the federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. Sec. 9601 et seq.).

(H) Investigations, removal and remedial actions, and operation
and maintenance at state-only orphan sites.

(I) Investigations and removal and remedial actions at
nonmilitary, non-National Priority List responsible party lead sites.

(J) Investigations, removal and remedial actions, and operation
and maintenance at Expedited Remedial Action Program sites
pursuant to former Chapter 6.85 (commencing with Section 25396).

(K) Corrective actions at hazardous waste facilities.

(5) The department shall identify, with regard to the regulation
of hazardous waste, the projected allocation of budgets and staff
resources for the following activities:

(A) Determinations pertaining to the classification of hazardous
wastes.

(B) Determinations for variances made pursuant to Section
25143.

(C) Other determinations and responses to public inquiries made
by the department regarding the regulation of hazardous waste and
hazardous substances.

(6) The department shall identify projected allocations of
budgets and staff resources needed to do all of the following:

(A) Identify, remove, store, and dispose of, suspected hazardous
substances or hazardous materials associated with the investigation
of clandestine drug laboratories.

(B) Respond to emergencies pursuant to Section 25354.

(C) Create, support, maintain, and implement the railroad
accident prevention and immediate deployment plan developed
pursuant to Section 7718 of the Public Utilities Code.

(7) The department shall identify projected allocations of
budgets and staff resources for the administration and
implementation of the unified hazardous waste and hazardous
materials regulatory program established pursuant to Chapter 6.11
(commencing with Section 25404).

(8) The department shall identify the total cumulative
expenditures of the Regulatory Structure Update and Site
Mitigation Update projects since their inception, and shall identify
the total projected allocations of budgets and staff resources that
are needed to continue these projects.

(9) The department shall identify the total projected allocations
of budgets and staff resources that are necessary for all other
activities proposed to be conducted by the department.

(e) Notwithstanding this chapter, or Part 22 (commencing with
Section 43001) of Division 2 of the Revenue and Taxation Code,
for any fees, surcharges, fines, penalties, and funds that are required
to be deposited into the Hazardous Waste Control Account or the
Toxic Substances Control Account, the department, with the
approval of the Secretary for Environmental Protection, may take
any of the following actions:

(1) Assume responsibility for, or enter into a contract with a
private party or with another public agency, other than the State
Board of Equalization, for the collection of any fees, surcharges,
fines, penalties and funds described in subdivision (a) or otherwise
described in this chapter or Chapter 6.8 (commencing with Section
25300), for deposit into the Hazardous Waste Control Account or
the Toxic Substances Control Account.

(2) Administer, or by mutual agreement, contract with a private
party or another public agency, for the making of those
determinations and the performance of functions that would
otherwise be the responsibility of the State Board of Equalization
pursuant to this chapter, Chapter 6.8 (commencing with Section
25300), or Part 22 (commencing with Section 43001) of Division
2 of the Revenue and Taxation Code, if those activities and
functions for which the State Board of Equalization would
otherwise be responsible become the responsibility of the
department or, by mutual agreement, the contractor selected by
the department.

(f) If, pursuant to subdivision (e), the department, or a private
party or another public agency, pursuant to a contract with the
department, performs the determinations and functions that would
otherwise be the responsibility of the State Board of Equalization,
the department shall be responsible for ensuring that persons who
are subject to the fees specified in subdivision (e) have equivalent
rights to public notice and comment, and procedural and
substantive rights of appeal, as afforded by the procedures of the
State Board of Equalization pursuant to Part 22 (commencing with
Section 43001) of Division 2 of the Revenue and Taxation Code.
Final responsibility for the administrative adjustment of fee rates
and the administrative appeal of any fees or penalty assessments
made pursuant to this section may only be assigned by the
department to a public agency.

(g) If, pursuant to subdivision (e), the department, or a private
party or another public agency, pursuant to a contract with the
department, performs the determinations and functions that would
otherwise be the responsibility of the State Board of Equalization,
the department shall have equivalent authority to make collections
and enforce judgments as provided to the State Board of
Equalization pursuant to Part 22 (commencing with Section 43001)
of Division 2 of the Revenue and Taxation Code. Unpaid amounts,
including penalties and interest, shall be a perfected and
enforceable state tax lien in accordance with Section 43413 of the
Revenue and Taxation Code.

(h) The department, with the concurrence of the Secretary for
Environmental Protection, shall determine which administrative
functions should be retained by the State Board of Equalization,
administered by the department, or assigned to another public
agency or private party pursuant to subdivisions (e), (f), and (g).

(i) The department may adopt regulations to implement
subdivisions (e) to (h), inclusive.

(j) The Director of Finance, upon request of the director, may
make a loan from the General Fund to the Hazardous Waste
Control Account to meet cash needs. The loan shall be subject to
the repayment provisions of Section 16351 of the Government
Code and the interest provisions of Section 16314 of the
Government Code.

(k) The department shall establish, within the Hazardous Waste
Control Account, a reserve of at least one million dollars
($1,000,000) each year to ensure that all programs funded by the
Hazardous Waste Control Account will not be adversely affected
by any revenue shortfalls.

begin delete SEC. 11. end delete
begin insert SEC. 12. end insert   

Section 4801 of the Penal Code is amended to read:

4801.  

(a) The Board of Parole Hearings may report to the
Governor, from time to time, the names of any and all persons
imprisoned in any state prison who, in its judgment, ought to have
a commutation of sentence or be pardoned and set at liberty on
account of good conduct, or unusual term of sentence, or any other
cause, including evidence of intimate partner battering and its
effects. For purposes of this section, “intimate partner battering
and its effects” may include evidence of the nature and effects of
physical, emotional, or mental abuse upon the beliefs, perceptions,
or behavior of victims of domestic violence if it appears the
criminal behavior was the result of that victimization.

(b) (1) The Board of Parole Hearings, in reviewing a prisoner’s
suitability for parole pursuant to Section 3041.5, shall give great
weight to any information or evidence that, at the time of the
commission of the crime, the prisoner had experienced intimate
partner battering, but was convicted of an offense that occurred
prior to August 29, 1996. The board shall state on the record the
information or evidence that it considered pursuant to this
subdivision, and the reasons for the parole decision.

(2) The fact that a prisoner has presented evidence of intimate
partner battering cannot be used to support a finding that the
prisoner lacks insight into his or her crime and its causes.

begin delete SEC. 12. end delete
begin insert SEC. 13. end insert   

Section 11166 of the Penal Code is amended to read:

11166.  

(a) Except as provided in subdivision (d), and in
Section 11166.05, a mandated reporter shall make a report to an
agency specified in Section 11165.9 whenever the mandated
reporter, in his or her professional capacity or within the scope of
his or her employment, has knowledge of or observes a child whom
the mandated reporter knows or reasonably suspects has been the
victim of child abuse or neglect. The mandated reporter shall make
an initial report by telephone to the agency immediately or as soon
as is practicably possible, and shall prepare and send, fax, or
electronically transmit a written followup report within 36 hours
of receiving the information concerning the incident. The mandated
reporter may include with the report any nonprivileged
documentary evidence the mandated reporter possesses relating
to the incident.

(1) For purposes of this article, “reasonable suspicion” means
that it is objectively reasonable for a person to entertain a suspicion,
based upon facts that could cause a reasonable person in a like
position, drawing, when appropriate, on his or her training and
experience, to suspect child abuse or neglect. “Reasonable
suspicion” does not require certainty that child abuse or neglect
has occurred nor does it require a specific medical indication of
child abuse or neglect. Any “reasonable suspicion” is sufficient.
For purposes of this article, the pregnancy of a minor does not, in
and of itself, constitute a basis for a reasonable suspicion of sexual
abuse.

(2) The agency shall be notified and a report shall be prepared
and sent, faxed, or electronically transmitted even if the child has
expired, regardless of whether or not the possible abuse was a
factor contributing to the death, and even if suspected child abuse
was discovered during an autopsy.

(3) Any report made by a mandated reporter pursuant to this
section shall be known as a mandated report.

(b) If, after reasonable efforts, a mandated reporter is unable to
submit an initial report by telephone, he or she shall immediately,
or as soon as is practicably possible, by fax or electronic
transmission, make a one-time automated written report on the
form prescribed by the Department of Justice, and shall also be
available to respond to a telephone followup call by the agency
with which he or she filed the report. A mandated reporter who
files a one-time automated written report because he or she was
unable to submit an initial report by telephone is not required to
submit a written followup report.

(1) The one-time automated written report form prescribed by
the Department of Justice shall be clearly identifiable so that it is
not mistaken for a standard written followup report. In addition,
the automated one-time report shall contain a section that allows
the mandated reporter to state the reason the initial telephone call
was not able to be completed. The reason for the submission of
the one-time automated written report in lieu of the procedure
prescribed in subdivision (a) shall be captured in the Child Welfare
Services/Case Management System (CWS/CMS). The department
shall work with stakeholders to modify reporting forms and the
CWS/CMS as is necessary to accommodate the changes enacted
by these provisions.

(2) This subdivision shall not become operative until the
CWS/CMS is updated to capture the information prescribed in this
subdivision.

(3) This subdivision shall become inoperative three years after
this subdivision becomes operative or on January 1, 2009,
whichever occurs first.

(4) Nothing in this section shall supersede the requirement that
a mandated reporter first attempt to make a report by telephone,
or that agencies specified in Section 11165.9 accept reports from
mandated reporters and other persons, as required.

(c) Any mandated reporter who fails to report an incident of
known or reasonably suspected child abuse or neglect as required
by this section is guilty of a misdemeanor punishable by up to six
months confinement in a county jail or by a fine of one thousand
dollars ($1,000) or by both that imprisonment and fine. If a
mandated reporter intentionally conceals his or her failure to report
an incident known by the mandated reporter to be abuse or severe
neglect under this section, the failure to report is a continuing
offense until an agency specified in Section 11165.9 discovers the
offense.

(d) (1) A clergy member who acquires knowledge or a
reasonable suspicion of child abuse or neglect during a penitential
communication is not subject to subdivision (a). For the purposes
of this subdivision, “penitential communication” means a
communication, intended to be in confidence, including, but not
limited to, a sacramental confession, made to a clergy member
who, in the course of the discipline or practice of his or her church,
denomination, or organization, is authorized or accustomed to hear
those communications, and under the discipline, tenets, customs,
or practices of his or her church, denomination, or organization,
has a duty to keep those communications secret.

(2) Nothing in this subdivision shall be construed to modify or
limit a clergy member’s duty to report known or suspected child
abuse or neglect when the clergy member is acting in some other
capacity that would otherwise make the clergy member a mandated
reporter.

(3) (A) On or before January 1, 2004, a clergy member or any
custodian of records for the clergy member may report to an agency
specified in Section 11165.9 that the clergy member or any
custodian of records for the clergy member, prior to January 1,
1997, in his or her professional capacity or within the scope of his
or her employment, other than during a penitential communication,
acquired knowledge or had a reasonable suspicion that a child had
been the victim of sexual abuse that the clergy member or any
custodian of records for the clergy member did not previously
report the abuse to an agency specified in Section 11165.9. The
provisions of Section 11172 shall apply to all reports made pursuant
to this paragraph.

(B) This paragraph shall apply even if the victim of the known
or suspected abuse has reached the age of majority by the time the
required report is made.

(C) The local law enforcement agency shall have jurisdiction
to investigate any report of child abuse made pursuant to this
paragraph even if the report is made after the victim has reached
the age of majority.

(e) (1) Any commercial film, photographic print, or image
processor who has knowledge of or observes, within the scope of
his or her professional capacity or employment, any film,
photograph, videotape, negative, slide, or any representation of
information, data, or an image, including, but not limited to, any
film, filmstrip, photograph, negative, slide, photocopy, videotape,
video laser disc, computer hardware, computer software, computer
floppy disk, data storage medium, CD-ROM, computer-generated
equipment, or computer-generated image depicting a child under
16 years of age engaged in an act of sexual conduct, shall
immediately, or as soon as practically possible, telephonically
report the instance of suspected abuse to the law enforcement
agency located in the county in which the images are seen. Within
36 hours of receiving the information concerning the incident, the
reporter shall prepare and send, fax, or electronically transmit a
written followup report of the incident with a copy of the image
or material attached.

(2) Any commercial computer technician who has knowledge
of or observes, within the scope of his or her professional capacity
or employment, any representation of information, data, or an
image, including, but not limited, to any computer hardware,
computer software, computer file, computer floppy disk, data
storage medium, CD-ROM, computer-generated equipment, or
computer-generated image that is retrievable in perceivable form
and that is intentionally saved, transmitted, or organized on an
electronic medium, depicting a child under 16 years of age engaged
in an act of sexual conduct, shall immediately, or as soon as
practicably possible, telephonically report the instance of suspected
abuse to the law enforcement agency located in the county in which
the images or material are seen. As soon as practicably possible
after receiving the information concerning the incident, the reporter
shall prepare and send, fax, or electronically transmit a written
followup report of the incident with a brief description of the
images or materials.

(3) For purposes of this article, “commercial computer
technician” includes an employee designated by an employer to
receive reports pursuant to an established reporting process
authorized by subparagraph (B) of paragraph (41) of subdivision
(a) of Section 11165.7.

(4) As used in this subdivision, “electronic medium” includes,
but is not limited to, a recording, CD-ROM, magnetic disk memory,
magnetic tape memory, CD, DVD, thumbdrive, or any other
computer hardware or media.

(5) As used in this subdivision, “sexual conduct” means any of
the following:

(A) Sexual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between persons of the same or
opposite sex or between humans and animals.

(B) Penetration of the vagina or rectum by any object.

(C) Masturbation for the purpose of sexual stimulation of the
viewer.

(D) Sadomasochistic abuse for the purpose of sexual stimulation
of the viewer.

(E) Exhibition of the genitals, pubic, or rectal areas of any
person for the purpose of sexual stimulation of the viewer.

(f) Any mandated reporter who knows or reasonably suspects
that the home or institution in which a child resides is unsuitable
for the child because of abuse or neglect of the child shall bring
the condition to the attention of the agency to which, and at the
same time as, he or she makes a report of the abuse or neglect
pursuant to subdivision (a).

(g) Any other person who has knowledge of or observes a child
whom he or she knows or reasonably suspects has been a victim
of child abuse or neglect may report the known or suspected
instance of child abuse or neglect to an agency specified in Section
11165.9. For purposes of this section, “any other person” includes
a mandated reporter who acts in his or her private capacity and
not in his or her professional capacity or within the scope of his
or her employment.

(h) When two or more persons, who are required to report,
jointly have knowledge of a known or suspected instance of child
abuse or neglect, and when there is agreement among them, the
telephone report may be made by a member of the team selected
by mutual agreement and a single report may be made and signed
by the selected member of the reporting team. Any member who
has knowledge that the member designated to report has failed to
do so shall thereafter make the report.

(i) (1) The reporting duties under this section are individual,
and no supervisor or administrator may impede or inhibit the
reporting duties, and a person making a report shall not be subject
to any sanction for making the report. However, internal procedures
to facilitate reporting and apprise supervisors and administrators
of reports may be established provided that the internal procedures
are not inconsistent with this article.

(2) The internal procedures shall not require any employee
required to make reports pursuant to this article to disclose his or
her identity to the employer.

(3) Reporting the information regarding a case of possible child
abuse or neglect to an employer, supervisor, school principal,
school counselor, coworker, or other person shall not be a substitute
for making a mandated report to an agency specified in Section
11165.9.

(j) A county probation or welfare department shall immediately,
or as soon as practicably possible, report by telephone, fax, or
electronic transmission to the law enforcement agency having
jurisdiction over the case, to the agency given the responsibility
for investigation of cases under Section 300 of the Welfare and
Institutions Code, and to the district attorney’s office every known
or suspected instance of child abuse or neglect, as defined in
Section 11165.6, except acts or omissions pursuant to subdivision
(b) of Section 11165.2, or reports made pursuant to Section
11165.13 based on risk to a child that relates solely to the inability
of the parent to provide the child with regular care due to the
parent’s substance abuse, which shall be reported only to the county
welfare or probation department. A county probation or welfare
department also shall send, fax, or electronically transmit a written
report thereof within 36 hours of receiving the information
concerning the incident to any agency to which it makes a
telephone report under this subdivision.

(k) A law enforcement agency shall immediately, or as soon as
practicably possible, report by telephone, fax, or electronic
transmission to the agency given responsibility for investigation
of cases under Section 300 of the Welfare and Institutions Code
and to the district attorney’s office every known or suspected
instance of child abuse or neglect reported to it, except acts or
omissions pursuant to subdivision (b) of Section 11165.2, which
shall be reported only to the county welfare or probation
department. A law enforcement agency shall report to the county
welfare or probation department every known or suspected instance
of child abuse or neglect reported to it which is alleged to have
occurred as a result of the action of a person responsible for the
child’s welfare, or as the result of the failure of a person responsible
for the child’s welfare to adequately protect the minor from abuse
when the person responsible for the child’s welfare knew or
reasonably should have known that the minor was in danger of
abuse. A law enforcement agency also shall send, fax, or
electronically transmit a written report thereof within 36 hours of
receiving the information concerning the incident to any agency
to which it makes a telephone report under this subdivision.

begin delete SEC. 13. end delete
begin insert SEC. 14. end insert   

Section 4214 of the Public Resources Code is
amended to read:

4214.  

(a) Fire prevention fees collected pursuant to this chapter
shall be expended, upon appropriation by the Legislature, as
follows:

(1) The State Board of Equalization shall retain moneys
necessary for the payment of refunds pursuant to Section 4228 and
reimbursement of the State Board of Equalization for expenses
incurred in the collection of the fee.

(2) The moneys collected, other than that retained by the State
Board of Equalization pursuant to paragraph (1), shall be deposited
into the State Responsibility Area Fire Prevention Fund, which is
hereby created in the State Treasury, and shall be available to the
board and the department to expend for fire prevention activities
specified in subdivision (d) that benefit the owners of structures
within a state responsibility area who are required to pay the fire
prevention fee. The amount expended to benefit the owners of
structures within a state responsibility area shall be commensurate
with the amount collected from the owners within that state
responsibility area. All moneys in excess of the costs of
administration of the board and the department shall be expended
only for fire prevention activities in counties with state
responsibility areas.

(b) (1) The fund may also be used to cover the costs of
administering this chapter.

(2) The fund shall cover all startup costs incurred over a period
not to exceed two years.

(c) It is the intent of the Legislature that the moneys in this fund
be fully appropriated to the board and the department each year
in order to effectuate the purposes of this chapter.

(d) Moneys in the fund shall be used only for the following fire
prevention activities, which shall benefit owners of structures
within the state responsibility areas who are required to pay the
annual fire prevention fee pursuant to this chapter:

(1) Local assistance grants pursuant to subdivision (e).

(2) Grants to Fire Safe Councils, the California Conservation
Corps, or certified local conservation corps for fire prevention
projects and activities in the state responsibility areas.

(3) Grants to a qualified nonprofit organization with a
demonstrated ability to satisfactorily plan, implement, and complete
a fire prevention project applicable to the state responsibility areas.
The department may establish other qualifying criteria.

(4) Inspections by the department for compliance with defensible
space requirements around structures in state responsibility areas
as required by Section 4291.

(5) Public education to reduce fire risk in the state responsibility
areas.

(6) Fire severity and fire hazard mapping by the department in
the state responsibility areas.

(7) Other fire prevention projects in the state responsibility
areas, authorized by the board.

(e) (1) The board shall establish a local assistance grant program
for fire prevention activities designed to benefit structures within
state responsibility areas, including public education, that are
provided by counties and other local agencies, including special
districts, with state responsibility areas within their jurisdictions.

(2) In order to ensure an equitable distribution of funds, the
amount of each grant shall be based on the number of structures
in state responsibility areas for which the applicant is legally
responsible and the amount of moneys made available in the annual
Budget Act for this local assistance grant program.

(f) By January 1, 2013, and annually thereafter, the board shall
submit to the Legislature a written report on the status and uses of
the fund pursuant to this chapter. The board shall work
collaboratively with the Department of Forestry and Fire Protection
in preparing the written report pursuant to this subdivision. The
written report shall also include an evaluation of the benefits
received by counties based on the number of structures in state
responsibility areas within their jurisdictions, the effectiveness of
the board’s grant programs, the number of defensible space
inspections in the reporting period, the degree of compliance with
defensible space requirements, measures to increase compliance,
if any, and any recommendations to the Legislature.

(g) (1) The requirement for submitting a report imposed under
subdivision (f) is inoperative on January 1, 2017, pursuant to
Section 10231.5 of the Government Code.

(2) A report to be submitted pursuant to subdivision (f) shall be
submitted in compliance with Section 9795 of the Government
Code.

(h) It is essential that this article be implemented without delay.
To permit timely implementation, the department may contract
for services related to the establishment of the fire prevention fee
collection process. For this purpose only, and for a period not to
exceed 24 months, the provisions of the Public Contract Code or
any other provision of law related to public contracting shall not
apply.

begin delete SEC. 14. end delete
begin insert SEC. 15. end insert   

Section 25722.8 of the Public Resources Code is
amended to read:

25722.8.  

(a) On or before July 1, 2009, the Secretary of State
and Consumer Services, in consultation with the Department of
General Services and other appropriate state agencies that maintain
or purchase vehicles for the state fleet, including the campuses of
the California State University, shall develop and implement, and
submit to the Legislature and the Governor, a plan to improve the
overall state fleet’s use of alternative fuels, synthetic lubricants,
and fuel-efficient vehicles by reducing or displacing the
consumption of petroleum products by the state fleet when
compared to the 2003 consumption level based on the following
schedule:

(1) By January 1, 2012, a 10-percent reduction or displacement.

(2) By January 1, 2020, a 20-percent reduction or displacement.

(b)  Beginning April 1, 2010, and annually thereafter, the
Department of General Services shall prepare a progress report on
meeting the goals specified in subdivision (a). The Department of
General Services shall post the progress report on its Internet Web
site.

(c) (1) The Department of General Services shall encourage,
to the extent feasible, the operation of state alternatively fueled
vehicles on the alternative fuel for which the vehicle is designed
and the development of commercial infrastructure for alternative
fuel pumps and charging stations at or near state vehicle fueling
or parking sites.

(2) The Department of General Services shall work with other
public agencies to incentivize and promote, to the extent feasible,
state employee operation of alternatively fueled vehicles through
preferential or reduced-cost parking, access to charging, or other
means.

(3) For purposes of this subdivision, “alternatively fueled
vehicles” means light-, medium-, and heavy-duty vehicles that
reduce petroleum usage and related emissions by using advanced
technologies and fuels, including, but not limited to, hybrid, plug-in
hybrid, battery electric, natural gas, or fuel cell vehicles and
including those vehicles described in Section 5205.5 of the Vehicle
Code.

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 8352.4 of the end insert begin insert Revenue and Taxation Code end insert begin insert is
amended to read: end insert

8352.4.  

(a) Subject to Sections 8352 and 8352.1, and except
as otherwise provided in subdivision (b), there shall be transferred
from the money deposited to the credit of the Motor Vehicle Fuel
Account to the Harbors and Watercraft Revolving Fund, for
expenditure in accordance with Division 1 (commencing with
Section 30) of the Harbors and Navigation Code, the sum of six
million six hundred thousand dollars ($6,600,000) per annum,
representing the amount of money in the Motor Vehicle Fuel
Account attributable to taxes imposed on distributions of motor
vehicle fuel used or usable in propelling vessels. The actual amount
shall be calculated using the annual reports of registered boats
prepared by the Department of Motor Vehicles for the United
States Coast Guard and the formula and method of the December
1972 report prepared for this purpose and submitted to the
Legislature on December 26, 1972, by the Director of
Transportation. If the amount transferred during each fiscal year
is in excess of the calculated amount, the excess shall be
retransferred from the Harbors and Watercraft Revolving Fund to
the Motor Vehicle Fuel Account. If the amount transferred is less
than the amount calculated, the difference shall be transferred from
the Motor Vehicle Fuel Account to the Harbors and Watercraft
Revolving Fund. No adjustment shall be made if the computed
difference is less than fifty thousand dollars ($50,000), and the
amount shall be adjusted to reflect any temporary or permanent
increase or decrease that may be made in the rate under the Motor
Vehicle Fuel Tax Law. Payments pursuant to this section shall be
made prior to payments pursuant to Section 8352.2.

(b) Commencing July 1, 2012, the revenues attributable to the
taxes imposed pursuant to subdivision (b) of Section 7360 and
Section 7361.1 and otherwise to be deposited in the Harbors and
Watercraft Revolving Fund pursuant to subdivision (a) shall instead
be transferred to the General Fund. The revenues attributable to
the taxes imposed pursuant to subdivision (b) of Section 7360 and
Section 7361.1 that were deposited in the Harbors and Watercraft
Revolving Fund in the 2010-11 and 2011-12 fiscal years shall be
transferred to the General Fund.

begin delete

(c) When deemed necessary by the Department of Transportation
and the Department of Boating and Waterways, the Department
of Transportation, after consultation with the Department of
Boating and Waterways, shall prepare, or cause to be prepared, an
updated report setting forth the current estimate of the amount of
money credited to the Motor Vehicle Fuel Account attributable to
taxes imposed on distributions of motor vehicle fuel used or usable
in propelling vessels. The Department of Transportation shall
submit the report to the Legislature upon its completion.

end delete

begin delete SEC. 15. end delete
begin insert SEC. 17. end insert   

Section 9250.14 of the Vehicle Code is amended to
read:

9250.14.  

(a) (1) In addition to any other fees specified in this
code and the Revenue and Taxation Code, upon the adoption of a
resolution by any county board of supervisors, a fee of one dollar
($1) shall be paid at the time of registration or renewal of
registration of every vehicle, except vehicles described in
subdivision (a) of Section 5014.1, registered to an address within
that county except those expressly exempted from payment of
registration fees. The fees, after deduction of the administrative
costs incurred by the department in carrying out this section, shall
be paid quarterly to the Controller.

(2) (A) If the County of Los Angeles, the County of San Diego,
or the County of San Bernardino has adopted a resolution to impose
a one-dollar ($1) fee pursuant to paragraph (1), the county may
increase the fee specified in paragraph (1) to two dollars ($2) in
the same manner as the imposition of the initial fee pursuant to
paragraph (1). The two dollars ($2) shall be paid at the time of
registration or renewal of registration of a vehicle, and quarterly
to the Controller, as provided in paragraph (1).

(B) A resolution to increase the fee from one dollar ($1) to two
dollars ($2) pursuant to subparagraph (A) shall be submitted to
the department at least six months prior to the operative date of
the fee increase.

(3) In addition to the service fee imposed pursuant to paragraph
(1), and upon the implementation of the permanent trailer
identification plate program, and as part of the Commercial Vehicle
Registration Act of 2001 (Chapter 861 of the Statutes of 2000),
all commercial motor vehicles subject to Section 9400.1 registered
to an owner with an address in the county that established a service
authority under this section, shall pay an additional service fee of
two dollars ($2).

(4) (A) If a county imposes a service fee of two dollars ($2) by
adopting a resolution pursuant to subparagraph (A) of paragraph
(2), the fee specified in paragraph (3) shall be increased to four
dollars ($4).The four dollars ($4) shall be paid at the time of
registration or renewal of registration of a vehicle, and quarterly
to the Controller as provided in paragraph (1).

(B) A resolution to increase the additional service fee from two
dollars ($2) to four dollars ($4) pursuant to subparagraph (A) shall
be submitted to the department at least six months prior to the
operative date of the fee increase.

(b) Notwithstanding Section 13340 of the Government Code,
the moneys paid to the Controller are continuously appropriated,
without regard to fiscal years, for the administrative costs of the
Controller, and for disbursement by the Controller to each county
that has adopted a resolution pursuant to subdivision (a), based
upon the number of vehicles registered, or whose registration is
renewed, to an address within that county.

(c) Except as otherwise provided in this subdivision, moneys
allocated to a county pursuant to subdivision (b) shall be expended
exclusively to fund programs that enhance the capacity of local
police and prosecutors to deter, investigate, and prosecute vehicle
theft crimes. In any county with a population of 250,000 or less,
the moneys shall be expended exclusively for those vehicle theft
crime programs and for the prosecution of crimes involving driving
while under the influence of alcohol or drugs, or both, in violation
of Section 23152 or 23153, or vehicular manslaughter in violation
of Section 191.5 of the Penal Code or subdivision (c) of Section
192 of the Penal Code, or any combination of those crimes.

(d) The moneys collected pursuant to this section shall not be
expended to offset a reduction in any other source of funds or for
any other purpose not authorized under this section.

(e) Any funds received by a county prior to January 1, 2000,
pursuant to this section, that are not expended to deter, investigate,
or prosecute crimes pursuant to subdivision (c) shall be returned
to the Controller, for deposit in the Motor Vehicle Account in the
State Transportation Fund. Those funds received by a county shall
be expended in accordance with this section.

(f) Each county that adopts a resolution under subdivision (a)
shall submit, on or before the 13th day following the end of each
quarter, a quarterly expenditure and activity report to the designated
statewide Vehicle Theft Investigation and Apprehension
Coordinator in the Department of the California Highway Patrol.

(g) A county that imposes a fee under subdivision (a) shall issue
a fiscal yearend report to the Controller on or before August 31 of
each year. The report shall include a detailed accounting of the
funds received and expended in the immediately preceding fiscal
year, including, at a minimum, all of the following:

(1) The amount of funds received and expended by the county
under subdivision (b) for the immediately preceding fiscal year.

(2) The total expenditures by the county under subdivision (c)
for the immediately preceding fiscal year.

(3) Details of expenditures made by the county under
subdivision (c), including salaries and expenses, purchase of
equipment and supplies, and any other expenditures made listed
by type with an explanatory comment.

(4) A summary of vehicle theft abatement activities and other
vehicle theft programs funded by the fees collected under this
section.

(5) The total number of stolen vehicles recovered and the value
of those vehicles during the immediately preceding fiscal year.

(6) The total number of vehicles stolen during the immediately
preceding fiscal year as compared to the fiscal year prior to the
immediately preceding fiscal year.

(7) Any additional, unexpended fee revenues received under
subdivision (b) for the county for the immediately preceding fiscal
year.

(h) Each county that fails to submit the report required pursuant
to subdivision (g) by November 30 of each year shall have the fee
suspended by the Controller for one year, commencing on July 1
following the Controller’s determination that a county has failed
to submit the report.

(i) (1) On or before January 1, 2013, and on or before January
1 of each year, the Controller shall provide to the Department of
the California Highway Patrol copies of the yearend reports
submitted by the counties under subdivision (g), and, in
consultation with the Department of the California Highway Patrol,
shall review the fiscal yearend reports submitted by each county
pursuant to subdivision (g) to determine if fee revenues are being
utilized in a manner consistent with this section. If the Controller
determines that the use of the fee revenues is not consistent with
this section, the Controller shall consult with the participating
counties’ designated regional coordinators. If the Controller
determines that use of the fee revenues is still not consistent with
this section, the authority to collect the fee by that county shall be
suspended for one year.

(2) If the Controller determines that a county has not submitted
a fiscal yearend report as required in subdivision (g), the
authorization to collect the service fee shall be suspended for one
year pursuant to subdivision (h).

(3) If the Controller determines that a fee shall be suspended
for a county, the Controller shall inform the Department of Motor
Vehicles on or before January 1 of each year that the authority to
collect a fee for that county is suspended.

(j) For the purposes of this section, a county-designated regional
coordinator is that agency designated by the participating county’s
board of supervisors as the agency in control of its countywide
vehicle theft apprehension program.

(k) This section shall remain in effect only until January 1, 2018,
and as of that date is repealed, unless a later enacted statute that
is enacted on or before January 1, 2018, deletes or extends that
date.

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Section 4024 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4024.  

The State Department of State Hospitals proposed
allocations for level-of-care staffing in state hospitals that serve
persons with mental disabilities shall be submitted to the
Department of Finance for review and approval in July and again
on a quarterly basis. Each quarterly report shall include an analysis
of client characteristics of admissions and discharges in addition
to information on any changes in characteristics of current
residents.

The State Department of State Hospitals shall submit by January
1 and May 1 to the Department of Finance for its approval: (a) all
assumptions underlying estimates of state hospital mentally
disabled population; and (b) a comparison of the actual and
estimated population levels for the year to date. If the actual
population differs from the estimated population by 50 or more,
the department shall include in its reports an analysis of the causes
of the change and the fiscal impact. The Department of Finance
shall approve or modify the assumptions underlying all population
estimates within 15 working days of their submission. If the
Department of Finance does not approve or modify the assumptions
by that date, the assumptions, as presented by the submitting
department, shall be deemed to be accepted by the Department of
Finance as of that date. begin delete The estimates of populations and the
comparison of actual versus estimated population levels shall be
made available to the Joint Legislative Budget Committee
immediately following approval by the Department of Finance. end delete

begin delete

The Department of Finance shall also make available to the Joint
Legislative Budget Committee a listing of all of the approved
assumptions and the impact of each assumption, as well as all
supporting data provided by the State Department of State
Hospitals or developed independently by the Department of
Finance. However, the departmental estimates, assumptions, and
other supporting data as have been prepared shall be forwarded to
the Joint Legislative Budget Committee not later than January 15
or May 15 by the State Department of State Hospitals in the event
this information has not been released earlier.

end delete

begin delete SEC. 16. end delete
begin insert SEC. 19. end insert   

Section 11462 of the Welfare and Institutions Code
is amended to read:

11462.  

(a) (1) Effective July 1, 1990, foster care providers
licensed as group homes, as defined in departmental regulations,
including public child care institutions, as defined in Section
11402.5, shall have rates established by classifying each group
home program and applying the standardized schedule of rates.
The department shall collect information from group providers
beginning January 1, 1990, in order to classify each group home
program.

(2) Notwithstanding paragraph (1), foster care providers licensed
as group homes shall have rates established only if the group home
is organized and operated on a nonprofit basis as required under
subdivision (h) of Section 11400. The department shall terminate
the rate effective January 1, 1993, of any group home not organized
and operated on a nonprofit basis as required under subdivision
(h) of Section 11400.

(3) (A) The department shall determine, consistent with the
requirements of this chapter and other relevant requirements under
law, the rate classification level (RCL) for each group home
program on a biennial basis. Submission of the biennial rate
application shall be made according to a schedule determined by
the department.

(B) The department shall adopt regulations to implement this
paragraph. The adoption, amendment, repeal, or readoption of a
regulation authorized by this paragraph is deemed to be necessary
for the immediate preservation of the public peace, health and
safety, or general welfare, for purposes of Sections 11346.1 and
11349.6 of the Government Code, and the department is hereby
exempted from the requirement to describe specific facts showing
the need for immediate action.

(b) A group home program shall be initially classified, for
purposes of emergency regulations, according to the level of care
and services to be provided using a point system developed by the
department and described in the report, “The Classification of
Group Home Programs under the Standardized Schedule of Rates
System,” prepared by the State Department of Social Services,
August 30, 1989.

(c) The rate for each RCL has been determined by the
department with data from the AFDC-FC Group Home Rate
Classification Pilot Study. The rates effective July 1, 1990, were
developed using 1985 calendar year costs and reflect adjustments
to the costs for each fiscal year, starting with the 1986-87 fiscal
year, by the amount of the California Necessities Index computed
pursuant to the methodology described in Section 11453. The data
obtained by the department using 1985 calendar year costs shall
be updated and revised by January 1, 1993.

(d) As used in this section, “standardized schedule of rates”
means a listing of the 14 rate classification levels, and the single
rate established for each RCL.

(e) Except as specified in paragraph (1), the department shall
determine the RCL for each group home program on a prospective
basis, according to the level of care and services that the group
home operator projects will be provided during the period of time
for which the rate is being established.

(1) (A) (i) For new and existing providers requesting the
establishment of an RCL, and for existing group home programs
requesting an RCL increase, the department shall determine the
RCL no later than 13 months after the effective date of the
provisional rate. The determination of the RCL shall be based on
a program audit of documentation and other information that
verifies the level of care and supervision provided by the group
home program during a period of the two full calendar months or
60 consecutive days, whichever is longer, preceding the date of
the program audit, unless the group home program requests a lower
RCL. The program audit shall not cover the first six months of
operation under the provisional rate.

(ii) For audit purposes, if the group home program serves a
mixture of AFDC-FC eligible and ineligible children, the weighted
hours for child care and social work services provided and the
capacity of the group home shall be adjusted by the ratio of
AFDC-FC eligible children to all children in placement.

(iii) Pending the department’s issuance of the program audit
report that determines the RCL for the group home program, the
group home program shall be eligible to receive a provisional rate
that shall be based on the level of care and service that the group
home program proposes it will provide. The group home program
shall be eligible to receive only the RCL determined by the
department during the pendency of any appeal of the department’s
RCL determination.

(B) A group home program may apply for an increase in its
RCL no earlier than two years from the date the department has
determined the group home program’s rate, unless the host county,
the primary placing county, or a regional consortium of counties
submits to the department in writing that the program is needed
in that county, that the provider is capable of effectively and
efficiently operating the proposed program, and that the provider
is willing and able to accept AFDC-FC children for placement
who are determined by the placing agency to need the level of care
and services that will be provided by the program.

(C) To ensure efficient administration of the department’s audit
responsibilities, and to avoid the fraudulent creation of records,
group home programs shall make records that are relevant to the
RCL determination available to the department in a timely manner.
Except as provided in this section, the department may refuse to
consider, for purposes of determining the rate, any documents that
are relevant to the determination of the RCL that are not made
available by the group home provider by the date the group home
provider requests a hearing on the department’s RCL
determination. The department may refuse to consider, for purposes
of determining the rate, the following records, unless the group
home provider makes the records available to the department
during the fieldwork portion of the department’s program audit:

(i) Records of each employee’s full name, home address,
occupation, and social security number.

(ii) Time records showing when the employee begins and ends
each work period, meal periods, split shift intervals, and total daily
hours worked.

(iii) Total wages paid each payroll period.

(iv) Records required to be maintained by licensed group home
providers under Title 22 of the California Code of Regulations
that are relevant to the RCL determination.

(D) To minimize financial abuse in the startup of group home
programs, when the department’s RCL determination is more than
three levels lower than the RCL level proposed by the group home
provider, and the group home provider does not appeal the
department’s RCL determination, the department shall terminate
the rate of a group home program 45 days after issuance of its
program audit report. When the group home provider requests a
hearing on the department’s RCL determination, and the RCL
determined by the director under subparagraph (E) is more than
three levels lower than the RCL level proposed by the group home
provider, the department shall terminate the rate of a group home
program within 30 days of issuance of the director’s decision.
Notwithstanding the reapplication provisions in subparagraph (B),
the department shall deny any request for a new or increased RCL
from a group home provider whose RCL is terminated pursuant
to this subparagraph, for a period of no greater than two years from
the effective date of the RCL termination.

(E) A group home provider may request a hearing of the
department’s RCL determination under subparagraph (A) no later
than 30 days after the date the department issues its RCL
determination. The department’s RCL determination shall be final
if the group home provider does not request a hearing within the
prescribed time. Within 60 days of receipt of the request for
hearing, the department shall conduct a hearing on the RCL
determination. The standard of proof shall be the preponderance
of the evidence and the burden of proof shall be on the department.
The hearing officer shall issue the proposed decision within 45
days of the close of the evidentiary record. The director shall adopt,
reject, or modify the proposed decision, or refer the matter back
to the hearing officer for additional evidence or findings within
100 days of issuance of the proposed decision. If the director takes
no action on the proposed decision within the prescribed time, the
proposed decision shall take effect by operation of law.

(2) Group home programs that fail to maintain at least the level
of care and services associated with the RCL upon which their rate
was established shall inform the department. The department shall
develop regulations specifying procedures to be applied when a
group home fails to maintain the level of services projected,
including, but not limited to, rate reduction and recovery of
overpayments.

(3) The department shall not reduce the rate, establish an
overpayment, or take other actions pursuant to paragraph (2) for
any period that a group home program maintains the level of care
and services associated with the RCL for children actually residing
in the facility. Determinations of levels of care and services shall
be made in the same way as modifications of overpayments are
made pursuant to paragraph (2) of subdivision (b) of Section
11466.2.

(4) A group home program that substantially changes its staffing
pattern from that reported in the group home program statement
shall provide notification of this change to all counties that have
placed children currently in care. This notification shall be provided
whether or not the RCL for the program may change as a result of
the change in staffing pattern.

(f) (1) The standardized schedule of rates for the 2002-03,
2003-04, 2004-05, 2005-06, 2006-07, and 2007-08 fiscal years
is:

 

Rate	Point Ranges	FY 2002-03, 2003-04,
Classification		2004-05, 2005-06, 2006-07, and 2007-08
Level		Standard Rate
1	Under 60	$1,454
2	60-89	1,835
3	90-119	2,210
4	120-149	2,589
5	150-179	2,966
6	180-209	3,344
7	210-239	3,723
8	240-269	4,102
9	270-299	4,479
10	300-329	4,858
11	330-359	5,234
12	360-389	5,613
13	390-419	5,994
14	420 & Up	6,371

 

(2) (A) For group home programs that receive AFDC-FC
payments for services performed during the 2002-03, 2003-04,
2004-05, 2005-06, 2006-07, 2007-08, 2008-09, and 2009-10
fiscal years, the adjusted RCL point ranges below shall be used
for establishing the biennial rates for existing programs, pursuant
to paragraph (3) of subdivision (a) and in performing program
audits and in determining any resulting rate reduction, overpayment
assessment, or other actions pursuant to paragraph (2) of
subdivision (e):

 

Rate	Adjusted Point Ranges
Classification	for the 2002-03, 2003-04,
Level	2004-05, 2005-06, 2006-07, 2007-08, 2008-09, and 2009-10 Fiscal Years
1	Under 54
2	54- 81
3	82-110
4	111-138
5	139-167
6	168-195
7	196-224
8	225-253
9	254-281
10	282-310
11	311-338
12	339-367
13	368-395
14	396 & Up

 

(B) Notwithstanding subparagraph (A), foster care providers
operating group homes during the 2002-03, 2003-04, 2004-05,
2005-06, 2006-07, 2007-08, 2008-09, and 2009-10 fiscal years
shall remain responsible for ensuring the health and safety of the
children placed in their programs in accordance with existing
applicable provisions of the Health and Safety Code and
community care licensing regulations, as contained in Title 22 of
the Code of California Regulations.

(C) Subparagraph (A) shall not apply to program audits of group
home programs with provisional rates established pursuant to
paragraph (1) of subdivision (e). For those program audits, the
RCL point ranges in paragraph (1) shall be used.

(D) Rates applicable for the 2009-10 fiscal year pursuant to the
act that adds this subparagraph shall be effective October 1, 2009.

(3) (A) For group home programs that receive AFDC-FC
payments for services performed during the 2009-10 fiscal year
the adjusted RCL point ranges below shall be used for establishing
the biennial rates for existing programs, pursuant to paragraph (3)
of subdivision (a) and in performing program audits and in
determining any resulting rate reduction, overpayment assessment,
or other actions pursuant to paragraph (2) of subdivision (e):

 

Rate	Adjusted Point Ranges
Classification	for the 2009-10
Level	Fiscal Years
1	Under 39
2	39-64
3	65-90
4	91-115
5	116-141
6	142-167
7	168-192
8	193-218
9	219-244
10	245-270
11	271-295
12	296-321
13	322-347
14	348 & Up

 

(B) Notwithstanding subparagraph (A), foster care providers
operating group homes during the 2009-10 fiscal year shall remain
responsible for ensuring the health and safety of the children placed
in their programs in accordance with existing applicable provisions
of the Health and Safety Code and community care licensing
regulations as contained in Title 22 of the California Code of
Regulations.

(C) Subparagraph (A) shall not apply to program audits of group
home programs with provisional rates established pursuant to
paragraph (1) of subdivision (e). For those program audits, the
RCL point ranges in paragraph (1) shall be used.

(g) (1) (A) For the 1999-2000 fiscal year, the standardized
rate for each RCL shall be adjusted by an amount equal to the
California Necessities Index computed pursuant to the methodology
described in Section 11453. The resultant amounts shall constitute
the new standardized schedule of rates, subject to further
adjustment pursuant to subparagraph (B).

(B) In addition to the adjustment in subparagraph (A),
commencing January 1, 2000, the standardized rate for each RCL
shall be increased by 2.36 percent, rounded to the nearest dollar.
The resultant amounts shall constitute the new standardized
schedule of rates.

(2) Beginning with the 2000-01 fiscal year, the standardized
schedule of rates shall be adjusted annually by an amount equal
to the CNI computed pursuant to Section 11453, subject to the
availability of funds. The resultant amounts shall constitute the
new standardized schedule of rates.

(3) Effective January 1, 2001, the amount included in the
standard rate for each Rate Classification Level (RCL) for the
salaries, wages, and benefits for staff providing child care and
supervision or performing social work activities, or both, shall be
increased by 10 percent. This additional funding shall be used by
group home programs solely to supplement staffing, salaries,
wages, and benefit levels of staff specified in this paragraph. The
standard rate for each RCL shall be recomputed using this adjusted
amount and the resultant rates shall constitute the new standardized
schedule of rates. The department may require a group home
receiving this additional funding to certify that the funding was
utilized in accordance with the provisions of this section.

(4) Effective January 1, 2008, the amount included in the
standard rate for each RCL for the wages for staff providing child
care and supervision or performing social work activities, or both,
shall be increased by 5 percent, and the amount included for the
payroll taxes and other employer-paid benefits for these staff shall
be increased from 20.325 percent to 24 percent. The standard rate
for each RCL shall be recomputed using these adjusted amounts,
and the resulting rates shall constitute the new standardized
schedule of rates.

(5) The new standardized schedule of rates as provided for in
paragraph (4) shall be reduced by 10 percent, effective October 1,
2009, and the resulting rates shall constitute the new standardized
schedule of rates.

(6) The rates of licensed group home providers, whose rates are
not established under the standardized schedule of rates, shall be
reduced by 10 percent, effective October 1, 2009.

(h) The standardized schedule of rates pursuant to subdivisions
(f) and (g) shall be implemented as follows:

(1) Any group home program that received an AFDC-FC rate
in the prior fiscal year at or above the standard rate for the RCL
in the current fiscal year shall continue to receive that rate.

(2) Any group home program that received an AFDC-FC rate
in the prior fiscal year below the standard rate for the RCL in the
current fiscal year shall receive the RCL rate for the current year.

(i) (1) The department shall not establish a rate for a new
program of a new or existing provider, or for an existing program
at a new location of an existing provider, unless the provider
submits a letter of recommendation from the host county, the
primary placing county, or a regional consortium of counties that
includes all of the following:

(A) That the program is needed by that county.

(B) That the provider is capable of effectively and efficiently
operating the program.

(C) That the provider is willing and able to accept AFDC-FC
children for placement who are determined by the placing agency
to need the level of care and services that will be provided by the
program.

(D) That, if the letter of recommendation is not being issued by
the host county, the primary placing county has notified the host
county of its intention to issue the letter and the host county was
given the opportunity of 30 days to respond to this notification
and to discuss options with the primary placing county.

(2) The department shall encourage the establishment of
consortia of county placing agencies on a regional basis for the
purpose of making decisions and recommendations about the need
for, and use of, group home programs and other foster care
providers within the regions.

(3) The department shall annually conduct a county-by-county
survey to determine the unmet placement needs of children placed
pursuant to Section 300 and Section 601 or 602, and shall publish
its findings by November 1 of each year.

(j) The department shall develop regulations specifying
ratesetting procedures for program expansions, reductions, or
modifications, including increases or decreases in licensed capacity,
or increases or decreases in level of care or services.

(k) For the purpose of this subdivision, “program change” means
any alteration to an existing group home program planned by a
provider that will increase the RCL or AFDC-FC rate. An increase
in the licensed capacity or other alteration to an existing group
home program that does not increase the RCL or AFDC-FC rate
shall not constitute a program change.

(l) General unrestricted or undesignated private charitable
donations and contributions made to charitable or nonprofit
organizations shall not be deducted from the cost of providing
services pursuant to this section. The donations and contributions
shall not be considered in any determination of maximum
expenditures made by the department.

begin delete SEC. 17. end delete
begin insert SEC. 20. end insert   

Section 14132 of the Welfare and Institutions Code
is amended to read:

14132.  

The schedule of benefits under this chapter is as follows:

(a) Outpatient services are covered as follows:

Physician, hospital or clinic outpatient, surgical center,
respiratory care, optometric, chiropractic, psychology, podiatric,
occupational therapy, physical therapy, speech therapy, audiology,
acupuncture to the extent federal matching funds are provided for
acupuncture, and services of persons rendering treatment by prayer
or healing by spiritual means in the practice of any church or
religious denomination insofar as these can be encompassed by
federal participation under an approved plan, subject to utilization
controls.

(b) (1) Inpatient hospital services, including, but not limited
to, physician and podiatric services, physical therapy and
occupational therapy, are covered subject to utilization controls.

(2) For Medi-Cal fee-for-service beneficiaries, emergency
services and care that are necessary for the treatment of an
emergency medical condition and medical care directly related to
the emergency medical condition. This paragraph shall not be
construed to change the obligation of Medi-Cal managed care
plans to provide emergency services and care. For the purposes of
this paragraph, “emergency services and care” and “emergency
medical condition” shall have the same meanings as those terms
are defined in Section 1317.1 of the Health and Safety Code.

(c) Nursing facility services, subacute care services, and services
provided by any category of intermediate care facility for the
developmentally disabled, including podiatry, physician, nurse
practitioner services, and prescribed drugs, as described in
subdivision (d), are covered subject to utilization controls.
Respiratory care, physical therapy, occupational therapy, speech
therapy, and audiology services for patients in nursing facilities
and any category of intermediate care facility for the
developmentally disabled are covered subject to utilization controls.

(d) (1) Purchase of prescribed drugs is covered subject to the
Medi-Cal List of Contract Drugs and utilization controls.

(2) Purchase of drugs used to treat erectile dysfunction or any
off-label uses of those drugs are covered only to the extent that
federal financial participation is available.

(3) (A) To the extent required by federal law, the purchase of
outpatient prescribed drugs, for which the prescription is executed
by a prescriber in written, nonelectronic form on or after April 1,
2008, is covered only when executed on a tamper resistant
prescription form. The implementation of this paragraph shall
conform to the guidance issued by the federal Centers of Medicare
and Medicaid Services but shall not conflict with state statutes on
the characteristics of tamper resistant prescriptions for controlled
substances, including Section 11162.1 of the Health and Safety
Code. The department shall provide providers and beneficiaries
with as much flexibility in implementing these rules as allowed
by the federal government. The department shall notify and consult
with appropriate stakeholders in implementing, interpreting, or
making specific this paragraph.

(B) Notwithstanding Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code,
the department may take the actions specified in subparagraph (A)
by means of a provider bulletin or notice, policy letter, or other
similar instructions without taking regulatory action.

(4) (A) (i) For the purposes of this paragraph, nonlegend has
the same meaning as defined in subdivision (a) of Section
14105.45.

(ii) Nonlegend acetaminophen-containing products, with the
exception of children’s acetaminophen-containing products,
selected by the department are not covered benefits.

(iii) Nonlegend cough and cold products selected by the
department are not covered benefits. This clause shall be
implemented on the first day of the first calendar month following
90 days after the effective date of the act that added this clause,
or on the first day of the first calendar month following 60 days
after the date the department secures all necessary federal approvals
to implement this section, whichever is later.

(iv) Beneficiaries under the Early and Periodic Screening,
Diagnosis, and Treatment Program shall be exempt from clauses
(ii) and (iii).

(B) Notwithstanding Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code,
the department may take the actions specified in subparagraph (A)
by means of a provider bulletin or notice, policy letter, or other
similar instruction without taking regulatory action.

(e) Outpatient dialysis services and home hemodialysis services,
including physician services, medical supplies, drugs and
equipment required for dialysis, are covered, subject to utilization
controls.

(f) Anesthesiologist services when provided as part of an
outpatient medical procedure, nurse anesthetist services when
rendered in an inpatient or outpatient setting under conditions set
forth by the director, outpatient laboratory services, and X-ray
services are covered, subject to utilization controls. This
subdivision shall not be construed to require prior authorization
for anesthesiologist services provided as part of an outpatient
medical procedure or for portable X-ray services in a nursing
facility or any category of intermediate care facility for the
developmentally disabled.

(g) Blood and blood derivatives are covered.

(h) (1) (A) Emergency and essential diagnostic and restorative
dental services, except for orthodontic, fixed bridgework, and
partial dentures that are not necessary for balance of a complete
artificial denture, are covered, subject to utilization controls. The
utilization controls shall allow emergency and essential diagnostic
and restorative dental services and prostheses that are necessary
to prevent a significant disability or to replace previously furnished
prostheses which are lost or destroyed due to circumstances beyond
the beneficiary’s control.

(B) Notwithstanding subparagraph (A), the director may by
regulation provide for certain fixed artificial dentures necessary
for obtaining employment or for medical conditions that preclude
the use of removable dental prostheses, and for orthodontic services
in cleft palate deformities administered by the department’s
California Children Services Program.

(2) For persons 21 years of age or older, the services specified
in paragraph (1) shall be provided subject to the following
conditions:

(A) Periodontal treatment is not a benefit.

(B) Endodontic therapy is not a benefit except for vital
pulpotomy.

(C) Laboratory processed crowns are not a benefit.

(D) Removable prosthetics shall be a benefit only for patients
as a requirement for employment.

(E) The director may, by regulation, provide for the provision
of fixed artificial dentures that are necessary for medical conditions
that preclude the use of removable dental prostheses.

(F) Notwithstanding the conditions specified in subparagraphs
(A) to (E), inclusive, the department may approve services for
persons with special medical disorders subject to utilization review.

(3) Paragraph (2) shall become inoperative July 1, 1995.

(i) Medical transportation is covered, subject to utilization
controls.

(j) Home health care services are covered, subject to utilization
controls.

(k) Prosthetic and orthotic devices and eyeglasses are covered,
subject to utilization controls. Utilization controls shall allow
replacement of prosthetic and orthotic devices and eyeglasses
necessary because of loss or destruction due to circumstances
beyond the beneficiary’s control. Frame styles for eyeglasses
replaced pursuant to this subdivision shall not change more than
once every two years, unless the department so directs.

Orthopedic and conventional shoes are covered when provided
by a prosthetic and orthotic supplier on the prescription of a
physician and when at least one of the shoes will be attached to a
prosthesis or brace, subject to utilization controls. Modification
of stock conventional or orthopedic shoes when medically
indicated, is covered subject to utilization controls. When there is
a clearly established medical need that cannot be satisfied by the
modification of stock conventional or orthopedic shoes,
custom-made orthopedic shoes are covered, subject to utilization
controls.

Therapeutic shoes and inserts are covered when provided to
beneficiaries with a diagnosis of diabetes, subject to utilization
controls, to the extent that federal financial participation is
available.

(l) Hearing aids are covered, subject to utilization controls.
Utilization controls shall allow replacement of hearing aids
necessary because of loss or destruction due to circumstances
beyond the beneficiary’s control.

(m) Durable medical equipment and medical supplies are
covered, subject to utilization controls. The utilization controls
shall allow the replacement of durable medical equipment and
medical supplies when necessary because of loss or destruction
due to circumstances beyond the beneficiary’s control. The
utilization controls shall allow authorization of durable medical
equipment needed to assist a disabled beneficiary in caring for a
child for whom the disabled beneficiary is a parent, stepparent,
foster parent, or legal guardian, subject to the availability of federal
financial participation. The department shall adopt emergency
regulations to define and establish criteria for assistive durable
medical equipment in accordance with the rulemaking provisions
of the Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code).

(n) Family planning services are covered, subject to utilization
controls.

(o) Inpatient intensive rehabilitation hospital services, including
respiratory rehabilitation services, in a general acute care hospital
are covered, subject to utilization controls, when either of the
following criteria are met:

(1) A patient with a permanent disability or severe impairment
requires an inpatient intensive rehabilitation hospital program as
described in Section 14064 to develop function beyond the limited
amount that would occur in the normal course of recovery.

(2) A patient with a chronic or progressive disease requires an
inpatient intensive rehabilitation hospital program as described in
Section 14064 to maintain the patient’s present functional level as
long as possible.

(p) (1) Adult day health care is covered in accordance with
Chapter 8.7 (commencing with Section 14520).

(2) Commencing 30 days after the effective date of the act that
added this paragraph, and notwithstanding the number of days
previously approved through a treatment authorization request,
adult day health care is covered for a maximum of three days per
week.

(3) As provided in accordance with paragraph (4), adult day
health care is covered for a maximum of five days per week.

(4) As of the date that the director makes the declaration
described in subdivision (g) of Section 14525.1, paragraph (2)
shall become inoperative and paragraph (3) shall become operative.

(q) (1) Application of fluoride, or other appropriate fluoride
treatment as defined by the department, other prophylaxis treatment
for children 17 years of age and under, are covered.

(2) All dental hygiene services provided by a registered dental
hygienist in alternative practice pursuant to Article 9 (commencing
with Section 1900) of Chapter 4 of Division 2 of the Business and
Professions Code and Section 1753.7 of the Business and
Professions Code may be covered as long as they are within the
scope of Denti-Cal benefits and they are necessary services
provided by a registered dental hygienist in alternative practice.

(r) (1) Paramedic services performed by a city, county, or
special district, or pursuant to a contract with a city, county, or
special district, and pursuant to a program established under the
Emergency Medical Services System and the Prehospital
Emergency Medical Care Personnel Act (Division 2.5
(commencing with Section 1797) of the Health and Safety Code)
by a paramedic certified pursuant to that act, and consisting of
defibrillation and those services specified in that act.

(2) All providers enrolled under this subdivision shall satisfy
all applicable statutory and regulatory requirements for becoming
a Medi-Cal provider.

(3) This subdivision shall be implemented only to the extent
funding is available under Section 14106.6.

(s) In-home medical care services are covered when medically
appropriate and subject to utilization controls, for beneficiaries
who would otherwise require care for an extended period of time
in an acute care hospital at a cost higher than in-home medical
care services. The director shall have the authority under this
section to contract with organizations qualified to provide in-home
medical care services to those persons. These services may be
provided to patients placed in shared or congregate living
arrangements, if a home setting is not medically appropriate or
available to the beneficiary. As used in this section, “in-home
medical care service” includes utility bills directly attributable to
continuous, 24-hour operation of life-sustaining medical equipment,
to the extent that federal financial participation is available.

As used in this subdivision, in-home medical care services,
include, but are not limited to, the following:

(1) Level of care and cost of care evaluations.

(2) Expenses, directly attributable to home care activities, for
materials.

(3) Physician fees for home visits.

(4) Expenses directly attributable to home care activities for
shelter and modification to shelter.

(5) Expenses directly attributable to additional costs of special
diets, including tube feeding.

(6) Medically related personal services.

(7) Home nursing education.

(8) Emergency maintenance repair.

(9) Home health agency personnel benefits which permit
coverage of care during periods when regular personnel are on
vacation or using sick leave.

(10) All services needed to maintain antiseptic conditions at
stoma or shunt sites on the body.

(11) Emergency and nonemergency medical transportation.

(12) Medical supplies.

(13) Medical equipment, including, but not limited to, scales,
gurneys, and equipment racks suitable for paralyzed patients.

(14) Utility use directly attributable to the requirements of home
care activities which are in addition to normal utility use.

(15) Special drugs and medications.

(16) Home health agency supervision of visiting staff which is
medically necessary, but not included in the home health agency
rate.

(17) Therapy services.

(18) Household appliances and household utensil costs directly
attributable to home care activities.

(19) Modification of medical equipment for home use.

(20) Training and orientation for use of life-support systems,
including, but not limited to, support of respiratory functions.

(21) Respiratory care practitioner services, as defined in Sections
3702 and 3703 of the Business and Professions Code, subject to
prescription by a physician and surgeon.

Beneficiaries receiving in-home medical care services are entitled
to the full range of services within the Medi-Cal scope of benefits
as defined by this section, subject to medical necessity and
applicable utilization control. Services provided pursuant to this
subdivision, which are not otherwise included in the Medi-Cal
schedule of benefits, shall be available only to the extent that
federal financial participation for these services is available in
accordance with a home- and community-based services waiver.

(t) Home- and community-based services approved by the
United States Department of Health and Human Services may be
covered to the extent that federal financial participation is available
for those services under waivers granted in accordance with Section
1396n of Title 42 of the United States Code. The director may
seek waivers for any or all home- and community-based services
approvable under Section 1396n of Title 42 of the United States
Code. Coverage for those services shall be limited by the terms,
conditions, and duration of the federal waivers.

(u) Comprehensive perinatal services, as provided through an
agreement with a health care provider designated in Section
14134.5 and meeting the standards developed by the department
pursuant to Section 14134.5, subject to utilization controls.

The department shall seek any federal waivers necessary to
implement the provisions of this subdivision. The provisions for
which appropriate federal waivers cannot be obtained shall not be
implemented. Provisions for which waivers are obtained or for
which waivers are not required shall be implemented
notwithstanding any inability to obtain federal waivers for the
other provisions. No provision of this subdivision shall be
implemented unless matching funds from Subchapter XIX
(commencing with Section 1396) of Chapter 7 of Title 42 of the
United States Code are available.

(v) Early and periodic screening, diagnosis, and treatment for
any individual under 21 years of age is covered, consistent with
the requirements of Subchapter XIX (commencing with Section
1396) of Chapter 7 of Title 42 of the United States Code.

(w) Hospice service that is Medicare-certified hospice service
is covered, subject to utilization controls. Coverage shall be
available only to the extent that additional net program costs are
not incurred.

(x) When a claim for treatment provided to a beneficiary
includes both services that are authorized and reimbursable under
this chapter, and services that are not reimbursable under this
chapter, that portion of the claim for the treatment and services
authorized and reimbursable under this chapter shall be payable.

(y) Home- and community-based services approved by the
United States Department of Health and Human Services for
beneficiaries with a diagnosis of AIDS or ARC who require
intermediate care or a higher level of care.

Services provided pursuant to a waiver obtained from the
Secretary of the United States Department of Health and Human
Services pursuant to this subdivision, and which are not otherwise
included in the Medi-Cal schedule of benefits, shall be available
only to the extent that federal financial participation for these
services is available in accordance with the waiver, and subject to
the terms, conditions, and duration of the waiver. These services
shall be provided to individual beneficiaries in accordance with
the client’s needs as identified in the plan of care, and subject to
medical necessity and applicable utilization control.

The director may under this section contract with organizations
qualified to provide, directly or by subcontract, services provided
for in this subdivision to eligible beneficiaries. Contracts or
agreements entered into pursuant to this division shall not be
subject to the Public Contract Code.

(z) Respiratory care when provided in organized health care
systems, as defined in Section 3701 of the Business and Professions
Code, and as an in-home medical service as provided in subdivision
(s).

(aa) (1) There is hereby established in the department, a
program to provide comprehensive clinical family planning
services to any person who has a family income at or below 200
percent of the federal poverty level, as revised annually, and who
is eligible to receive these services pursuant to the waiver identified
in paragraph (2). This program shall be known as the Family
Planning, Access, Care, and Treatment (Family PACT) Program.

(2) The department shall seek a waiver in accordance with
Section 1315 of Title 42 of the United States Code, or a state plan
amendment adopted in accordance with Section
1396a(a)(10)(A)(ii)(XXI) of Title 42 of the United States Code,
which was added to Section 1396a of Title 42 of the United States
Code by Section 2303(a)(1) of the federal Patient Protection and
Affordable Care Act (PPACA) (Public Law 111-148), for a
program to provide comprehensive clinical family planning
services as described in paragraph (8). Under the waiver, the
program shall be operated only in accordance with the waiver and
the statutes and regulations in paragraph (4) and subject to the
terms, conditions, and duration of the waiver. Under the state plan
amendment, which shall replace the waiver and shall be known as
the Family PACT successor state plan amendment, the program
shall be operated only in accordance with this subdivision and the
statutes and regulations in paragraph (4). The state shall use the
standards and processes imposed by the state on January 1, 2007,
including the application of an eligibility discount factor to the
extent required by the federal Centers for Medicare and Medicaid
Services, for purposes of determining eligibility as permitted under
Section 1396a(ii)(2) of Title 42 of the United States Code. To the
extent that federal financial participation is available, the program
shall continue to conduct education, outreach, enrollment, service
delivery, and evaluation services as specified under the waiver.
The services shall be provided under the program only if the waiver
and, when applicable, the successor state plan amendment are
approved by the federal Centers for Medicare and Medicaid
Services and only to the extent that federal financial participation
is available for the services. Nothing in this section shall prohibit
the department from seeking the Family PACT successor state
plan amendment during the operation of the waiver.

(3) Solely for the purposes of the waiver or Family PACT
successor state plan amendment and notwithstanding any other
provision of law, the collection and use of an individual’s social
security number shall be necessary only to the extent required by
federal law.

(4) Sections 14105.3 to 14105.39, inclusive, 14107.11, 24005,
and 24013, and any regulations adopted under these provisions
shall apply to the program provided for under this subdivision.
Any other provision of law under the Medi-Cal program or the
State-Only Family Planning Program shall not apply to the program
provided for under this subdivision.

(5) Notwithstanding Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code,
the department may implement, without taking regulatory action,
the provisions of the waiver after its approval by the federal Health
Care Financing Administration and the provisions of this section
by means of an all-county letter or similar instruction to providers.
Thereafter, the department shall adopt regulations to implement
this section and the approved waiver in accordance with the
requirements of Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.

(6) If the Department of Finance determines that the program
operated under the authority of the waiver described in paragraph
(2) or the Family PACT successor state plan amendment is no
longer cost effective, this subdivision shall become inoperative on
the first day of the first month following the issuance of a 30-day
notification of that determination in writing by the Department of
Finance to the chairperson in each house that considers
appropriations, the chairpersons of the committees, and the
appropriate subcommittees in each house that considers the State
Budget, and the Chairperson of the Joint Legislative Budget
Committee.

(7) If this subdivision ceases to be operative, all persons who
have received or are eligible to receive comprehensive clinical
family planning services pursuant to the waiver described in
paragraph (2) shall receive family planning services under the
Medi-Cal program pursuant to subdivision (n) if they are otherwise
eligible for Medi-Cal with no share of cost, or shall receive
comprehensive clinical family planning services under the program
established in Division 24 (commencing with Section 24000) either
if they are eligible for Medi-Cal with a share of cost or if they are
otherwise eligible under Section 24003.

(8) For purposes of this subdivision, “comprehensive clinical
family planning services” means the process of establishing
objectives for the number and spacing of children, and selecting
the means by which those objectives may be achieved. These
means include a broad range of acceptable and effective methods
and services to limit or enhance fertility, including contraceptive
methods, federal Food and Drug Administration-approved
contraceptive drugs, devices, and supplies, natural family planning,
abstinence methods, and basic, limited fertility management.
Comprehensive clinical family planning services include, but are
not limited to, preconception counseling, maternal and fetal health
counseling, general reproductive health care, including diagnosis
and treatment of infections and conditions, including cancer, that
threaten reproductive capability, medical family planning treatment
and procedures, including supplies and followup, and
informational, counseling, and educational services.
Comprehensive clinical family planning services shall not include
abortion, pregnancy testing solely for the purposes of referral for
abortion or services ancillary to abortions, or pregnancy care that
is not incident to the diagnosis of pregnancy. Comprehensive
clinical family planning services shall be subject to utilization
control and include all of the following:

(A) Family planning-related services and male and female
sterilization. Family planning services for men and women shall
include emergency services and services for complications directly
related to the contraceptive method, federal Food and Drug
Administration-approved contraceptive drugs, devices, and
supplies, and followup, consultation, and referral services, as
indicated, which may require treatment authorization requests.

(B) All United States Department of Agriculture, federal Food
and Drug Administration-approved contraceptive drugs, devices,
and supplies that are in keeping with current standards of practice
and from which the individual may choose.

(C) Culturally and linguistically appropriate health education
and counseling services, including informed consent, that include
all of the following:

(i) Psychosocial and medical aspects of contraception.

(ii) Sexuality.

(iii) Fertility.

(iv) Pregnancy.

(v) Parenthood.

(vi) Infertility.

(vii) Reproductive health care.

(viii) Preconception and nutrition counseling.

(ix) Prevention and treatment of sexually transmitted infection.

(x) Use of contraceptive methods, federal Food and Drug
Administration-approved contraceptive drugs, devices, and
supplies.

(xi) Possible contraceptive consequences and followup.

(xii) Interpersonal communication and negotiation of
relationships to assist individuals and couples in effective
contraceptive method use and planning families.

(D) A comprehensive health history, updated at the next periodic
visit (between 11 and 24 months after initial examination) that
includes a complete obstetrical history, gynecological history,
contraceptive history, personal medical history, health risk factors,
and family health history, including genetic or hereditary
conditions.

(E) A complete physical examination on initial and subsequent
periodic visits.

(F) Services, drugs, devices, and supplies deemed by the federal
Centers for Medicare and Medicaid Services to be appropriate for
inclusion in the program.

(9) In order to maximize the availability of federal financial
participation under this subdivision, the director shall have the
discretion to implement the Family PACT successor state plan
amendment retroactively to July 1, 2010.

(ab) (1) Purchase of prescribed enteral nutrition products is
covered, subject to the Medi-Cal list of enteral nutrition products
and utilization controls.

(2) Purchase of enteral nutrition products is limited to those
products to be administered through a feeding tube, including, but
not limited to, a gastric, nasogastric, or jejunostomy tube.
Beneficiaries under the Early and Periodic Screening, Diagnosis,
and Treatment Program shall be exempt from this paragraph.

(3) Notwithstanding paragraph (2), the department may deem
an enteral nutrition product, not administered through a feeding
tube, including, but not limited to, a gastric, nasogastric, or
jejunostomy tube, a benefit for patients with diagnoses, including,
but not limited to, malabsorption and inborn errors of metabolism,
if the product has been shown to be neither investigational nor
experimental when used as part of a therapeutic regimen to prevent
serious disability or death.

(4) Notwithstanding Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code,
the department may implement the amendments to this subdivision
made by the act that added this paragraph by means of all-county
letters, provider bulletins, or similar instructions, without taking
regulatory action.

(5) The amendments made to this subdivision by the act that
added this paragraph shall be implemented on June 1, 2011, or on
the first day of the first calendar month following 60 days after
the date the department secures all necessary federal approvals to
implement this section, whichever is later.

(ac) Diabetic testing supplies are covered when provided by a
pharmacy, subject to utilization controls.

begin delete SEC. 18. end delete
begin insert SEC. 21. end insert   

Section 14701 of the Welfare and Institutions Code
is amended to read:

14701.  

(a) The State Department of Health Care Services, in
collaboration with the State Department of Mental Health and the
California Health and Human Services Agency, shall create a state
administrative and programmatic transition plan, either as one
comprehensive transition plan or separately, to guide the transfer
of the Medi-Cal specialty mental health managed care and the
EPSDT Program to the State Department of Health Care Services
effective July 1, 2012.

(b) (1) Commencing no later than July 15, 2011, the State
Department of Health Care Services, together with the State
Department of Mental Health, shall convene a series of stakeholder
meetings and forums to receive input from clients, family members,
providers, counties, and representatives of the Legislature
concerning the transition and transfer of Medi-Cal specialty mental
health managed care and the EPSDT Program. This consultation
shall inform the creation of a state administrative transition plan
and a programmatic transition plan that shall include, but is not
limited to, the following components:

(A) The plan shall ensure that it is developed in a way that
continues access and quality of service during and immediately
after the transition, preventing any disruption of services to clients
and family members, providers and counties, and others affected
by this transition.

(B) A detailed description of the state administrative functions
currently performed by the State Department of Mental Health
regarding Medi-Cal specialty mental health managed care and the
EPSDT Program.

(C) Explanations of the operational steps, timelines, and key
milestones for determining when and how each function or program
will be transferred. These explanations shall also be developed for
the transition of positions and staff serving Medi-Cal specialty
mental health managed care and the EPSDT Program, and how
these will relate to, and align with, positions at the State
Department of Health Care Services. The State Department of
Health Care Services and the California Health and Human
Services Agency shall consult with the Department of Personnel
Administration in developing this aspect of the transition plan.

(D) A list of any planned or proposed changes or efficiencies
in how the functions will be performed, including the anticipated
fiscal and programmatic impacts of the changes.

(E) A detailed organization chart that reflects the planned
staffing at the State Department of Health Care Services in light
of the requirements of subparagraphs (A) to (C), inclusive, and
includes focused, high-level leadership for behavioral health issues.

(F) A description of how stakeholders were included in the
various phases of the planning process to formulate the transition
plans and a description of how their feedback will be taken into
consideration after transition activities are underway.

(2) The State Department of Health Care Services, together with
the State Department of Mental Health and the California Health
and Human Services Agency, shall convene and consult with
stakeholders at least twice following production of a draft of the
transition plans and before submission of transition plans to the
Legislature. Continued consultation with stakeholders shall occur
in accordance with the requirement in subparagraph (F) of
paragraph (1).

begin delete

SEC. 19.  

Section 4 of Chapter 1299 of the Statutes of 1992,
as amended by Section 3 of Chapter 791 of the Statutes of 1997,
is repealed.

end delete