BILL ANALYSIS �
AB 862
Page 1
GOVERNOR'S VETO
AB 862 (Silva and Jeffries)
As Amended August 30, 2011
2/3 vote
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|ASSEMBLY: |76-0 |(June 1, 2011) |SENATE: |33-0 |(August 31, |
| | | | | |2011) |
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|ASSEMBLY: |77-0 |(September 6, | | | |
| | |2011) | | | |
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Original Committee Reference: HUM. S.
SUMMARY : Adds specified items to the information each regional
center is required to post on the regional center's Internet Web
site.
The Senate amendments :
1)Clarify that the information to be posted on rates paid to
each vendor does not apply to vendors who are consumers or
family members.
2)Clarify that the requirement that information be posted on
funds provided to nonprofit housing organizations applies only
to regional center purchase of services or operations funds.
3)Delete the requirement that information to be posted about
vendors include the owner or owners, and clarifies that the
information includes business contact information.
4)Provide that posted vendor rate information need be updated
annually, rather than semiannually.
5)Clarify that conflict of interest disclosures required to be
posted are those required by the 2011-12 Budget trailer bill
AB 862
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pertaining to the Department of Developmental Services (DDS),
SB 74 (Budget and Fiscal Review Committee), Chapter 9,
Statutes of 2011, which are to be completed by each regional
center governing board member and each regional center
employee specified in regulations, including, at a minimum,
the executive director, every administrator, every program
director, every service coordinator, and every employee who
has decision-making or policymaking authority or authority to
obligate the regional center's resources.
6)Delete the requirement that legal settlements be posted.
EXISTING LAW :
1)Establishes the Lanterman Developmental Disabilities Services
Act (Lanterman Act), under which DDS contracts with 21 private
non-profit regional centers (RCs) to provide case management
services and arrange for, or purchase services that meet the
needs of individuals with developmental disabilities.
2)Requires, to promote transparency, each RC to include
specified information on its Internet Web site, as
expeditiously as possible.
AS PASSED BY THE ASSEMBLY , this bill added specified items
to the information regional centers are required to post on
their Internet Web sites.
FISCAL EFFECT : According to the Senate Appropriations
Committee, the amendments taken in that committee "would
significantly reduce the costs of this bill so that it would be
minor and absorbable."
COMMENTS : The Lanterman Act establishes a comprehensive
statutory scheme to provide services and supports to people with
developmental disabilities. Direct responsibility for
implementation of the Lanterman Act service system is allocated
between DDS and 21 RCs. RCs are private nonprofit entities
established pursuant to the Lanterman Act that contract with DDS
to carry out many of the state's responsibilities under the Act,
including intake and assessment, case management, and individual
AB 862
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program plan development and implementation.
Budget trailer bill : The Governor's Budget for 2011-12 proposed
increases in accountability and transparency in the RC system.
To promote transparency, SB 74 (Budget and Fiscal Review
Committee), Chapter 9, Statutes of 2011, the 2011-12 Budget
trailer bill pertaining to DDS, requires DDS to establish a
transparency portal on its Web site and requires that each RC
post specified information on its Internet Web site.
This bill adds to the list of items required to be posted on the
RCs' Internet Web sites pursuant to SB 74. The Senate
amendments clarify, limit or delete some of the disclosures in
order to reduce the fiscal impact of this bill.
GOVERNOR'S VETO MESSAGE :
"Among its provisions, the bill would require
conflict-of-interest statements to be posted on regional center
Web sites, pursuant to a regulation that the Department of
Developmental Services must develop and issue.
"The Department is still in the process of developing this
regulation, which will identify who must file such statements.
It would be appropriate to wait until the regulation is
complete, before enacting related requirements by statute."
Analysis Prepared by : Eric Gelber / HUM. S. / (916) 319-2089
FN: 0002938