BILL NUMBER: SB 443	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 24, 2011

INTRODUCED BY   Senator Strickland

                        FEBRUARY 16, 2011

    An act to amend Section 104150 of the Health and Safety
Code, relating to cancer screening.   An act relating to
a veterans' memorial. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 443, as amended, Strickland.  Breast and cervical
cancer screening.  Veterans' memorial.  
   Existing law provides that the Department of Transportation has
full possession and control of all state highways. Existing law
authorizes the department to enter into an agreement to accept funds,
materials, equipment, or services from any person for maintenance or
roadside enhancement.  
   This bill would authorize the Old Town Orcutt Revitalization
Association to plan, construct, and maintain a veterans' memorial in
a specified state-owned park and ride parking lot in Orcutt in
consultation with the department. The bill would require the
department to enter into any necessary or appropriate agreements with
the association relating to the memorial and would prohibit the use
of state funds for that memorial.  
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the City of Orcutt. 

   Existing law requires the State Department of Public Health to
provide breast cancer and cervical cancer screening services to
eligible low-income individuals under a federal grant made under the
federal Centers for Disease Control and Prevention breast and
cervical cancer early detection program.  
   This bill would make a technical, nonsubstantive change to this
provision. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    A veterans' memorial may be erected in
the state-owned park and ride parking lot at the Clarke Avenue West
exit from State Highway Route 135 in Orcutt. The Old Town Orcutt
Revitalization Association may plan, construct, and maintain that
veterans' memorial. The Department of Transportation shall consult
with the association in the planning, construction, and maintenance
of the memorial. The department shall enter into any agreements with
the association that are necessary or appropriate to the planning,
construction, and maintenance of that memorial. No state funds shall
be used to fund the costs associated with the memorial. 
   SEC. 2.    The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique need to erect a
veterans' memorial in Orcutt in a publicly accessable location. 

  SECTION 1.    Section 104150 of the Health and
Safety Code is amended to read:
   104150.  (a) A provider or entity that participates in the grant
made to the department by the federal Centers for Disease Control and
Prevention breast and cervical cancer early detection program
established under Title XV of the Public Health Service Act (42
U.S.C. Sec. 300k et seq.) in accordance with requirements of Section
1504 of that act (42 U.S.C. Sec. 300n) may only render screening
services under the grant to an individual if the provider or entity
determines that the individual's family income does not exceed 200
percent of the federal poverty level.
   (b) The department shall provide for breast cancer and cervical
cancer screening services under the grant at the level of funding
budgeted from state and other resources during the fiscal year in
which the Legislature has appropriated funds to the department for
this purpose. These screening services shall not be deemed to be an
entitlement.
   (c) To implement the federal breast and cervical cancer early
detection program specified in this section, the department may
contract, to the extent permitted by Section 19130 of the Government
Code, with public and private entities, or utilize existing health
care service provider enrollment and payment mechanisms, including
the Medi-Cal program's fiscal intermediary. However, the Medi-Cal
program's fiscal intermediary shall only be utilized if services
provided under the program are specifically identified and reimbursed
in a manner that does not claim federal financial reimbursement.
Contracts with, and the utilization of, the Medi-Cal program's fiscal
intermediary shall not be subject to Chapter 3 (commencing with
Section 12100) of Part 2 of Division 2 of the Public Contract Code.
Contracts to implement the federal breast and cervical cancer early
detection program entered into by the department with entities other
than the Medi-Cal program's fiscal intermediary shall not be subject
to Part 2 (commencing with Section 10100) of Division 2 of the Public
Contract Code.