BILL NUMBER: SB 141	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 5, 2009
	AMENDED IN SENATE  APRIL 2, 2009

INTRODUCED BY   Senator Maldonado
    (   Coauthor:   Senator   Benoit
  ) 
    (   Coauthor:  Assembly Member  
Tom Berryhill   ) 

                        FEBRUARY 11, 2009

   An act to add Section 12301.25 to the Welfare and Institutions
Code, relating to public social services.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 141, as amended, Maldonado. In-home supportive services:
provider timesheets.
   Existing law provides for the county-administered In-Home
Supportive Services (IHSS) program, under which qualified aged,
blind, and disabled persons are provided with services in order to
permit them to remain in their own homes and avoid
institutionalization. Existing law permits services to be provided
under the IHSS program either through the employment of individual
providers, a contract between the county and an entity for the
provision of services, the creation by the county of a public
authority, or a contract between the county and a nonprofit
consortium.
   Under existing law, the State Department of Social Services is
required, in consultation and coordination with county welfare
departments, to establish and implement statewide hourly task
guidelines and instructions to provide counties with a standard tool
for consistently and accurately assessing service needs and
authorizing service hours to meet those needs.
   This bill would require the standardized provider timesheet used
to track the work performed by providers of services under this
chapter to contain a legal  verification  
certification  to be signed by the provider and recipient
verifying  under penalty of perjury  that the
information provided in the timesheet is true and correct. 
By changing the definition of the crime of perjury, this bill would
impose a state-mandated local program   A person who
willfully and knowingly provides false information under the bill
would be subject   to a specified civil penalty  .

   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


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

  SECTION 1.  Section 12301.25 is added to the Welfare and
Institutions Code, to read:
   12301.25.   (a)    Notwithstanding any other
provision of law, the standardized provider timesheet used to track
the work performed by providers of services under this article shall
contain a legal  verification   certification
 to be signed by the provider and recipient, verifying 
under penalty of perjury  that the information provided in
the timesheet is true and correct. 
   (b) A person who willfully and knowingly provides false
information under this section shall be subject to a civil penalty of
at least five hundred dollars ($500), but not to exceed one thousand
dollars ($1,000), for each violation. An action for a civil penalty
under this section may be brought by any public prosecutor in the
name of the people of the State of California, and the penalty shall
be enforceable as a civil judgment.  
  SEC. 2.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.