BILL NUMBER: AB 2565 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Salas
(Coauthors: Assembly Members Bigelow, Brown, Dahle, Eggman, Gray,
Grove, Lackey, Linder, Mayes, and Olsen)
(Coauthors: Senators Beall, Berryhill, Cannella, Fuller, Gaines,
Galgiani, Hertzberg, Runner, and Vidak)
FEBRUARY 19, 2016
An act to amend Section 19806 of the Welfare and Institutions
Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 2565, as introduced, Salas. Independent Living Centers: state
funding.
Under existing law, the Department of Rehabilitation is required
to provide various services to individuals with physical or mental
disabilities who are found to be eligible therefor, including
independent living services. Existing law provides for the operation
of independent living centers, which are private, nonprofit
organizations that provide specified services to individuals with
disabilities, in order to assist those individuals in their attempts
to live fuller and freer lives outside institutions. The department
has the responsibility and authority for the encouragement of the
planning, developing, and funding of independent living centers.
Under existing law, each independent living center, except those
centers which have been both established and maintained using
specified federal funding as a base funding, is required to receive,
to the extent funds are appropriated by the Legislature, at least
$235,000 in base grant funds allocated by the department.
This bill would delete the above provisions excluding the centers
that were previously established and maintained with federal funding,
thereby making those centers eligible for the prescribed state
funding.
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 19806 of the Welfare and Institutions Code is
amended to read:
19806. (a) An independent living center shall not be required to
provide any matching funds through private contributions as a
condition of receiving state funds except to acquire state incentive
funds.
(b) Each independent living center, except those centers
which have been both established and maintained using federal funding
under Title VII(c) of the federal Rehabilitation Act of 1973 as
amended as their primary base grant, as determined by the department,
center shall receive
receive, to the extent funds are appropriated by the
Legislature, at least two hundred thirty-five thousand dollars
($235,000) in base grant funds allocated by the department.
The department shall allocate to those centers with Title VII(c) base
grant funds of less than two hundred thirty-five thousand dollars
($235,000) an amount that, when combined with the Title VII(c) grant,
equals two hundred thirty-five thousand dollars ($235,000).
(c) State funds described in subdivision (b) may be replaced by
reimbursements under the Supplemental Security Disability Insurance
and the Supplemental Security Income programs provided for under
Titles II and XVII of the Federal Social Security Act, Subchapter II
(commencing with Section 401) and Subchapter XVII (commencing with
Section 1381) of Chapter 7 of Title 42 of the United States Code to
the extent appropriated by the Legislature and allocated by the
department to independent living centers under this chapter.
Beginning with the 1998-99 fiscal year, and each year thereafter, to
the extent these funds from the Social Security Act are not
appropriated by the Legislature as were appropriated in the 1997-98
fiscal year, an amount equal to the combined state and federal fund
allocation to independent living centers in the Budget Act of 1997
shall be appropriated to, and allocated by, the department to
independent living centers under this chapter.
(d) (1) Available state incentive funds shall be allocated at the
beginning of each fiscal year based upon the average amount of
private contributions received by the independent living center in
the second and third preceding fiscal years.
(2) The maximum amount of incentive funds that may be allocated to
any independent living center in any single fiscal year shall be
computed as follows:
(A) "Pool One" is defined as 60 percent of all state incentive
funds. "Pool Two" is defined as 40 percent of all state incentive
funds. Each independent living center shall be entitled to an equal
portion of Pool One, not to exceed the amounts raised pursuant to
paragraph (1).
(B) Incentive funds from Pool One not used after the initial
allocation pursuant to subparagraph (A) shall be added to Pool Two
for allocation among all centers that had unmatched private
contributions after distribution of Pool One funds. Pool Two funds
shall be awarded in direct proportion to each center's percentage of
the total remaining unmatched private contributions raised by those
independent living centers.
(3) For the purpose of determining eligibility for state incentive
funds, any independent living center that uses a fiscal year other
than the state fiscal year may elect to use a different fiscal year
so long as the closing date of the fiscal year so elected does not
precede the closing date of the equivalent state fiscal year by more
than 11 months.
(4) The amount of private contributions claimed by an independent
living center for each fiscal year shall be verified by the
department by utilizing appropriate financial records including, but
not limited to, independent audits. Audits may be performed by the
department up to three years from the close of the fiscal year during
which state incentive funds were received by the independent living
center being audited.
(5) State incentive funds that are not distributed to independent
living centers shall not be allocated or retained by the department
for distribution as state incentive funds in later fiscal years.
(e) For purposes of this section:
(1) "Private funds" does not include any funds originating from
any entity of the federal, state, city, or county government or any
political subdivision thereof. Notwithstanding the provisions of this
section, fees from any source for services provided may be included
as private contributions by an independent living center for purposes
of determining its allocation of incentive funds.
(2) "State incentive funds" means state funds appropriated by the
Legislature for purposes of this chapter, except those funds
allocated by the department pursuant to subdivisions (b) and (g) of
this section.
(f) Any funds allocated under this chapter to any independent
living center, other than as part of the initial allocation for each
fiscal year, shall be made by contract amendment. Any contract
amendment shall require the provision of services in addition to
those required by the contract being amended. All those services
required by contract amendment shall not be performed prior to the
date the contract amendment is approved by the state.
(g) To the extent funds are appropriated by the Legislature for
the purpose of providing assistive technology services described in
subdivision (d) of Section 19801, two hundred ten thousand dollars
($210,000) of those funds shall be allocated to the nonprofit
contractor selected by the Department of Rehabilitation to coordinate
delivery of assistive technology services and the remainder shall be
allocated equally among independent living centers. The nonprofit
contractor shall provide statewide assistive technology information
and referral and serve as a resource to the independent living
centers' assistive technology service programs.
(h) To the extent funds are appropriated by the Legislature, after
allocation of base grant and incentive funds and assistive
technology funds, remaining funds shall be allocated by the
department among independent living centers on the basis of the ratio
of the total of the general population in an independent living
center's geographic service areas as compared to the total of the
general population in all independent living centers geographic
services area statewide. The department shall adopt regulations for
the distribution of population funds by June 30, 1999.