BILL NUMBER: SB 662 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 28, 2011
AMENDED IN SENATE APRIL 14, 2011
INTRODUCED BY Senator DeSaulnier
( Principal coauthor: Senator
Wolk )
FEBRUARY 18, 2011
An act to add Section 13084 to the Government Code, relating to
public services.
LEGISLATIVE COUNSEL'S DIGEST
SB 662, as amended, DeSaulnier. Public services.
Existing law requires counties to administer various public safety
programs, including, among others, mental health services for
children, substance abuse recovery services, jail services, and fire
protection and support services.
This bill would , contingent upon a specified finding made by
the Director of Finance, authorize the Department of Finance
and any county to enter into a contract that would authorize the
county to integrate public services, as specified. The bill would
require the Legislative Analyst's Office to provide an analysis of
any contract entered into pursuant to these provisions, and would
require the Legislature to ratify the contract by a enactment of a
bill vote. This bill would also require the applicable county board
of supervisors to ratify the contract. The bill would provide that a
contract would last 10 years, and would require the county to report
to the Department of Finance and the Legislature on the progress
towards meeting the goals of the contract during the 5th year.
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. This act is titled and may be cited as
the 2011 Realignment.
SECTION 1. SEC. 2. Section 13084 is
added to the Government Code, to read:
13084. (a) The department may enter into a contract with a
county, whether general law or charter, that would authorize the
county to integrate public services as provided in this section. A
contract is not fully executed pursuant to this section until the
Legislature and the applicable county board of supervisors have
ratified the contract pursuant to subdivision (d).
(b) Any contract entered into pursuant to this section shall
include all of the following:
(1) A list of statutes and regulations that, in order to achieve
the goals of the contract, must be waived with respect to the county
that is a party to the contract and the public services subject to
the contract.
(2) A plan to integrate public services that shall be
cost neutral to both the state and the county. The range of
defined services to be integrated shall be at the discretion of the
applicable county.
(3) Benchmarks and expected outcomes that the county shall achieve
over the life of the contract.
(4) A list of any regional or intragovernmental agency agreements,
including, but not limited to, agreements between two or more
counties or joint powers agreements, that the county has made, or
intends to make, in order to achieve the goals of the contract.
(5) A plan submitted by the county that specifies the steps the
county intends to take to comply with any applicable federal law.
(c) (1) Any contract entered into pursuant to this section shall
be for a period of not more than 10 years. The
county shall, in the fifth year of the contract, submit to the
department and the Assembly Committee on Budget and the Senate
Committee of on Budget and Fiscal
Review a statement of the county's progress in achieving the goals of
the contract.
(2) In the ninth year of the contract, the department and the
county may negotiate a renewal of the contract that shall comply with
the requirements of this section.
(d) Within 30 days of entering into the contract, the department
shall submit the contract to the Legislature and the Legislative
Analyst's Office.
(1) Within 60 days of receipt of the proposed contract, the
Legislative Analyst's Office shall issue a report on the policy and
fiscal effects of the proposed contract.
(2) Prior to the contract becoming operative, the Legislature
shall enact a bill to ratify the contract. The contract shall not
take effect until the Legislature enacts a bill that implements the
provisions of the contract, including waiver of any statutes or
regulation specified in the contract pursuant to paragraph (1) of
subdivision (b).
(3) Prior to the contract becoming operative, the applicable
county board of supervisors shall ratify the contract.
(4) If the act to ratify the contract is not enacted within one
year of the initial date of agreement, the department may, after 60
days submit a new or revised contract to the Legislature and
Legislative Analyst's Office.
(e) For purposes of this section, the term "public services"
includes all of the following:
(1) Employing and training public safety officials, including law
enforcement personnel, attorneys assigned to criminal proceedings,
and court security staff.
(2) Managing local jails and providing housing, treatment, and
services for, and supervision of, juvenile and adult offenders.
(3) Providing fire protection and support services.
(4) Preventing child abuse, neglect, or exploitation; providing
services to children who are abused, neglected, or exploited, or who
are at risk of abuse, neglect, or exploitation, and the families of
those children; providing adoption services, providing transitional
housing and other services to emancipated youth and providing adult
protective services.
(5) Providing mental health services to children and adults to
reduce failure in school, harm to self or others, homelessness, and
preventable incarceration or institutionalization.
(6) Preventing, treating, and providing recovery services for
substance abuse.
(f) This section shall not become operative until the Director of
Finance makes a finding that full funding is available for the
implementation of a plan for realignment of public services proposed
by the Governor in 2011 and enacted by the Legislature.