CAPA Legislative Information 2010

As of 9/3/2010

  AB 179 (Portantino D)  Wages: temporary workers.
  Introduced: 2/2/2009
  Last Amend: 6/16/2010
  Status: 6/23/2010-In committee: Set, first hearing. Testimony taken. Further hearing to be set.
  Location: 6/16/2010-S. L. & I.R.
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary: Existing law provides that for employees of temporary services employers, as defined, wages shall be paid weekly, or daily if an employee is assigned to a client, as defined, on a day-to-day basis or to a client engaged in a trade dispute. Existing law imposes civil and criminal penalties on an employer who violates certain wage payment requirements. This bill would permit employees of temporary services employers who provide specified health care services to be paid semimonthly. This bill contains other related provisions.
  Digest:  Existing law provides that for employees of temporary services employers, as defined, wages shall be paid weekly, or daily if an employee is assigned to a client, as defined, on a day-to-day basis or to a client engaged in a trade dispute. Existing law imposes civil and criminal penalties on an employer who violates certain wage payment requirements.
This bill would permit employees of temporary services employers who provide specified health care services to be paid semimonthly.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
  Vote Events:
06/01/2009 ASM. FLOOR (Y:79 N:0 A:1) (P)
05/28/2009 ASM. APPR. (Y:17 N:0 A:0) (P)
04/21/2009 ASM. PUB. S. (Y:7 N:0 A:0) (P)
      Position         
      Watch         
  AB 194 (Torrico D)  Retirement: local employees.
  Introduced: 2/2/2009
  Last Amend: 8/27/2010
  Status: 8/31/2010-From committee: With recommendation: That Senate amendments be concurred in. (Ayes 6. Noes 0.) (August 31). Urgency clause adopted. Senate amendments concurred in. To enrollment.
  Location: 8/31/2010-A. ENROLLMENT
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary: The Public Employees' Retirement Law (PERL) creates the Public Employees' Retirement System (PERS), which provides a defined benefit to its members based on age at retirement, service credit, and final compensation, as defined. The State Teachers' Retirement Law (STRL) and the retirement laws for county employees and city employees also provide for a defined benefit based on age at retirement, service credit, and final compensation. Existing law requires the California Citizens Compensation Commission to establish the annual salary and the medical, dental, insurance, and other similar benefits of state officers. This bill would specify that, notwithstanding any other law, for the purposes of determining a retirement benefit paid to a person who first becomes a member of a public retirement system on or after January 1, 2011, the maximum salary or payrate upon which retirement benefits shall be based shall not exceed 125% of the salary recommended by the California Citizens Compensation Commission to be paid to the Governor of the State of California, effective December 7, 2009. The bill would require that this amount be adjusted annually based on changes in the All Urban California Consumer Price Index. This bill contains other related provisions.
  Digest:  The Public Employees' Retirement Law (PERL) creates the Public Employees' Retirement System (PERS), which provides a defined benefit to its members based on age at retirement, service credit, and final compensation, as defined. The State Teachers' Retirement Law (STRL) and the retirement laws for county employees and city employees also provide for a defined benefit based on age at retirement, service credit, and final compensation. Existing law requires the California Citizens Compensation Commission to establish the annual salary and the medical, dental, insurance, and other similar benefits of state officers.
This bill would specify that, notwithstanding any other law, for the purposes of determining a retirement benefit paid to a person who first becomes a member of a public retirement system on or after January 1, 2011, the maximum salary or payrate upon which retirement benefits shall be based shall not exceed 125% of the salary recommended by the California Citizens Compensation Commission to be paid to the Governor of the State of California, effective December 7, 2009. The bill would require that this amount be adjusted annually based on changes in the All Urban California Consumer Price Index.
This bill would declare that it is to take effect immediately as an urgency statute.

Vote: majority 2/3 . Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
  Vote Events:
08/31/2010 ASM. P.E.,R. & S.S. (Y:6 N:0 A:0) (P)
08/31/2010 ASM. FLOOR (Y:76 N:0 A:3) (P)
08/30/2010 SEN. FLOOR (Y:27 N:10 A:3) (P)
08/30/2010 SEN. APPR. (Y:7 N:3 A:1) (P)
05/04/2009 ASM. FLOOR (Y:51 N:0 A:29) (P)
      Position         
      Watch         
  AB 342 (John A. Perez D)  Medi-Cal: demonstration project waivers.
  Introduced: 2/18/2009
  Last Amend: 8/2/2010
  Status: 8/23/2010-To inactive file on motion of Senator Steinberg.
  Location: 8/23/2010-S. INACTIVE FILE
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary: Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income persons receive health care benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions. This bill would, to the extent that federal financial participation is available, and pursuant to a demonstration project or waiver of federal law, require the department to establish pilot projects in up to 4 counties, as specified, to develop effective health care models to provide services to persons who are dually eligible under both the Medi-Cal and Medicare programs. This bill would require the department to, no later than April 1, 2011, identify health care models that may be included in a pilot project , to develop a timeline and process for selecting, financing, monitoring, and evaluating the pilot projects , and to provide this timeline and process to certain committees of the Legislature . This bill contains other related provisions and other existing laws.
  Digest:  Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income persons receive health care benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions.
Existing federal law provides for the federal Medicare Program, which is a public health insurance program for persons 65 years of age and older and specified persons with disabilities who are under 65 years of age.
This bill would, to the extent that federal financial participation is available, and pursuant to a demonstration project or waiver of federal law, require the department to establish pilot projects in up to 4 counties, as specified, to develop effective health care models to provide services to persons who are dually eligible under both the Medi-Cal and Medicare programs. This bill would require the department to, no later than January 1, 2012, April 1, 2011, identify health care models that may be included in a pilot project and , to develop a timeline and process for selecting, financing, monitoring, and evaluating the pilot projects , and to provide this timeline and process to certain committees of the Legislature .
Existing law requires the department to seek a demonstration project or federal waiver of Medicaid law to implement specified objectives, which may include better care coordination for seniors and persons with disabilities and children with special health care needs.
This bill would, in furtherance of the waiver or demonstration project and to the extent that federal financial participation is available, permit the department to develop a pilot project that would require seniors and persons with disabilities who do not have other health coverage to be assigned as mandatory enrollees into new and existing managed care health plans or county alternative models of care, as specified. This bill would provide that enrollment of seniors and persons with disabilities shall be accomplished using a phased-in process and shall not commence until necessary federal approvals have been acquired, or until February 1, 2011, whichever is later. The bill would impose various requirements upon managed care health plans and county alternative models of care participating in the demonstration program.
This bill would, commencing January 1, 2011, require all Medi-Cal managed care health plans and other managed care arrangements, as specified, to submit data, including encounter data and financial data, for the development of rates, monitoring performance, and ensuring quality. beginning January 1, 2012, require managed care health plans and county alternative models of care to comply with quality submission standards developed by the department as prescribed.
This bill would require the department, in conjunction with the implementation of the pilot project, to work with counties to develop a method to be used in determining the appropriate contribution to cover the nonfederal share of inpatient hospital expenses for seniors and persons with disabilities in the Medi-Cal program.
Existing law, the Robert W. Crown California Children's Services Act, requires the department and each county to administer the California Children Services (CCS) program for treatment services for persons under 21 years of age diagnosed with severe chronic disease or severe physical limitations, as specified.
This bill also would, in furtherance of the waiver or demonstration project, require the Director of Health Care Services to establish, by January 1, 2012, models of organized health care delivery systems, as specified, for children eligible for services under the CCS program. This bill would provide that, to the extent permitted by federal law, the department may require eligible individuals to enroll in these models. This bill would also permit the Managed Risk Medical Insurance Board to elect, with the consent of the director, to permit children enrolled in the Healthy Families Program who are eligible for CCS services to enroll in these organized health care delivery models.
Existing law provides for the Health Care Coverage Initiative, which is a federal waiver demonstration project established to expand health care coverage to low-income uninsured individuals who are not currently eligible for the Medi-Cal program, the Healthy Families Program, or the Access for Infants and Mothers program.
Existing law provides for the repeal of this the department's authority under the Health Care Coverage Initiative upon the execution of a declaration by the Director of Health Care Services specifying that the demonstration project has been terminated.
This bill would, alternatively, authorize the director to execute a declaration continuing the demonstration project to the extent authorized by a successor federal waiver or demonstration project.
This bill would, in this regard, only to the extent that federal financial participation is available and only to the extent that federal financial participation is not jeopardized , require the department to, on or after September 1, 2010, but no later than January 1, 2011, or 180 days after federal approval is obtained, seek of a successor demonstration project or federal waiver of Medicaid law to establish authorize local Coverage Expansion and Enrollment Demonstration (CEED) projects, as specified, to provide scheduled health care benefits for uninsured adults 19 to 64, inclusive, years of age with incomes up to 200% of the federal poverty level who are not otherwise eligible for Medi-Cal or Medicare. This bill would require CEED projects to be designed and implemented with the systems and program elements necessary to facilitate the transition of those eligible individuals to the Medi-Cal program, or alternatively, to coverage through the state health insurance exchange, by 2014, pursuant to the provisions of federal and state law, and the terms and conditions of specified successor federal waivers or demonstrations projects.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
  Vote Events:
08/12/2010 SEN. APPR. (Y:10 N:0 A:1) (P)
08/02/2010 SEN. APPR. (Y:10 N:0 A:1) (P)
06/30/2010 SEN. HEALTH (Y:7 N:1 A:1) (P)
05/28/2009 ASM. FLOOR (Y:78 N:0 A:2) (P)
05/06/2009 ASM. APPR. (Y:11 N:0 A:5) (P)
04/21/2009 ASM. HEALTH (Y:18 N:0 A:1) (P)
      Position         
      Watch         
  AB 682 (Lowenthal, Bonnie D)  In-Home Supportive Services program: fraud.
  Introduced: 2/26/2009
  Last Amend: 9/3/2009
  Status: 8/18/2010-Failed Deadline pursuant to Rule 61(b)(14). (Last location was APPR. on 9/3/2009)
  Location: 8/18/2010-S. DEAD
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary: 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. This bill would, instead, require that the criminal background checks be conducted at the provider's expense, unless the nonprofit consortium or public authority agrees to pay for the criminal background check in which case the department shall seek federal financial participation, to the extent possible, to cover costs associated with conducting the criminal background check. This bill contains other related provisions and other existing laws.
  Digest:  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.
Under existing law, the State Department of Social Services is vested with state administrative authority over the IHSS program. 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.
Existing law provides for the Medi-Cal program, administered by the State Department of Health Care Services, under which health care services are provided to qualified low-income persons, including the aged, blind, and disabled. These services include personal care option services, which are provided as part of the IHSS program to those Medi-Cal recipients eligible for IHSS benefits.

Existing law prohibits a person from providing or receiving payment under the IHSS program if he or she has been convicted of certain crimes for specified periods. Existing law imposes specified responsibilities on the State Department of Social Services, State Department of Health Care Services, and counties with regard to identifying and investigating fraud within the IHSS program.

This bill would require the State Department of Social Services, commencing January 1, 2010, to dedicate up to 2 personnel positions for purposes of evaluating the implementation of the above-described provisions relating to IHSS program fraud, as defined.

This bill would also require the department, in consultation with the State Department of Health Care Services, counties, the district attorney in the county with the largest caseload, and stakeholders, to produce and deliver a report to the Legislature by December 31, 2010, that contains prescribed information relating to fraud in the IHSS program, with respect to convictions occurring between January 1, 2005, and January 1, 2010.

The requirements of the bill would remain in effect only until January 1, 2011.

This bill would provide that the above provisions shall become operative only if funds are made available for its implementation from the Governor's proposed funding increase for in-home supportive services quality assurance in the 2009-10 budget for the State Department of Social Services, if the proposed funding increase is adopted. It would require the Director of Social Services to execute a declaration stating whether or not this condition has been satisfied.

Existing law, upon request of a recipient of in-home supportive services, or a recipient of personal care services under the Medi-Cal program, authorizes the procurement of a criminal background check on certain provider applicants, pursuant to specified provisions.

Existing legislation that will become effective on October 23, 2009, requires counties, public authorities, and nonprofit consortiums to complete criminal background checks of specified persons who seek to become supportive services providers. That legislation requires that the criminal background checks be conducted at the provider's expense.

This bill would, instead, require that the criminal background checks be conducted at the provider's expense, unless the nonprofit consortium or public authority agrees to pay for the criminal background check in which case the department shall seek federal financial participation, to the extent possible, to cover costs associated with conducting the criminal background check.

This bill would also incorporate changes to Section 12301.6 of the Welfare and Institutions Code proposed by AB 19 of the 2009-10 4th Extraordinary Session, to take effect if this bill and that bill are enacted and become effective on or before January 1, 2010, and this bill is enacted last.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
  Vote Events:
07/13/2009 SEN. APPR. (Y:12 N:0 A:1) (P)
06/23/2009 SEN. HUMAN S. (Y:4 N:1 A:0) (P)
06/03/2009 ASM. FLOOR (Y:49 N:28 A:3) (P)
05/28/2009 ASM. APPR. (Y:12 N:5 A:0) (P)
04/14/2009 ASM. HUM. S. (Y:4 N:2 A:1) (P)
  Attachments:
AB 682 support letter July 2009
      Position         
      Pending         
  AB 827 (De La Torre D)  Local public employees.
  Introduced: 2/26/2009
  Last Amend: 8/27/2010
  Status: 8/31/2010-From committee: With recommendation: That Senate amendments be concurred in. (Ayes 6. Noes 1.) (August 31). Urgency clause adopted. Senate amendments concurred in. To enrollment.
  Location: 8/31/2010-A. ENROLLMENT
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary: The Meyers-Milias-Brown Act contains various provisions that govern collective bargaining of local represented employees. The Ralph M. Brown Act requires that all meetings of a legislative body of a local agency be open and public and all persons be permitted to attend unless a closed session is authorized. Existing law requires all contracts of employment between an employee and a local agency employer to include a provision which provides that regardless of the term of the contract, if the contract is terminated, the maximum cash settlement that an employee may receive shall be an amount equal to the monthly salary of the employee multiplied by the number of months left on the unexpired term of the contract, with a maximum of 18 months. This bill would, on and after January 1, 2011, additionally prohibit an employment contract for a local excluded employee, as defined, from including any clause that provides for an automatic renewal, an automatic compensation increase, as specified, or an automatic compensation increase in excess of a cost-of-living adjustment. The bill would also require the local agency, as defined, to complete a performance review of any excluded employee, as defined, before an increase in compensation in excess of a cost-of-living adjustment may be implemented for that individual. The bill would also specify that those records, procedures, and actions shall conform to the requirements of law, including, but not limited to, the Public Records Act and the Ralph M. Brown Act . By expanding the duties of local officials, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.
  Digest:  The Meyers-Milias-Brown Act contains various provisions that govern collective bargaining of local represented employees. The Ralph M. Brown Act requires that all meetings of a legislative body of a local agency be open and public and all persons be permitted to attend unless a closed session is authorized. Existing law requires all contracts of employment between an employee and a local agency employer to include a provision which provides that regardless of the term of the contract, if the contract is terminated, the maximum cash settlement that an employee may receive shall be an amount equal to the monthly salary of the employee multiplied by the number of months left on the unexpired term of the contract, with a maximum of 18 months.
This bill would, notwithstanding that provision, on and after January 1, 2011, additionally prohibit an employment contract for a local excluded employee, as defined, from including any clause that provides for an automatic renewal, an automatic compensation increase, a severance payment greater than 12 months' salary, as specified, or an automatic raise compensation increase in excess of a cost-of-living adjustment. The bill would also require the local agency, as defined, to complete a performance review of any unrepresented individual who is or will be employed by, and report directly to, the legislative body of the local agency, excluded employee, as defined, before a raise an increase in compensation in excess of a cost-of-living adjustment may be implemented for that individual. The bill would also require the vote to increase that person's salary in excess of a cost-of-living adjustment to be made in open session also specify that those records, procedures, and actions shall conform to the requirements of law, including, but not limited to, the Public Records Act and the Ralph M. Brown Act . By expanding the duties of local officials, this bill would impose a state-mandated local program.
The bill would express a legislative finding and declaration that, to ensure the statewide integrity of local government, the procedures for the appointment and compensation of excluded employees are an issue of statewide concern and that, therefore, all counties and cities, including charter counties, charter cities, and charter cities and counties, would be subject to the provisions of the bill.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
This bill would declare that it is to take effect immediately as an urgency statute.

Vote: majority 2/3 . Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
  Vote Events:
08/31/2010 ASM. L. GOV. (Y:6 N:1 A:2) (P)
08/31/2010 ASM. FLOOR (Y:69 N:3 A:7) (P)
08/30/2010 SEN. L.GOV. (Y:4 N:0 A:1) (P)
08/30/2010 SEN. FLOOR (Y:37 N:0 A:3) (P)
08/30/2010 SEN. APPR. (Y:11 N:0 A:0) (P)
07/01/2009 SEN. L.GOV. (Y:3 N:2 A:0) (P)
05/28/2009 ASM. FLOOR (Y:48 N:32 A:0) (P)
05/13/2009 ASM. L. GOV. (Y:5 N:2 A:0) (P)
      Position         
      Watch         
  AB 1609 (Blumenfield D)  2010-11 Budget.
  Introduced: 1/8/2010
  Last Amend: 8/10/2010
  Status: 8/31/2010-Read third time. Urgency clause refused adoption. Motion to reconsider made by Assembly Member Charles Calderon.
  Location: 8/31/2010-A. THIRD READING
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Calendar: 9/7/2010  #16  ASSEMBLY UNFINISHED BUSINESS RECONSIDERATION
  Summary: This bill would make appropriations for support of state government for the 2010-11 fiscal year. This bill contains other related provisions.
  Digest:  This bill would make appropriations for support of state government for the 2010-11 fiscal year.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.
  Vote Events:
08/31/2010 ASM. FLOOR (Y:50 N:28 A:1) (F)
      Position         
               
  AB 1633 (Garrick R)  Budget Act of 2010.
  Introduced: 1/11/2010
  Last Amend: 8/30/2010
  Status: 9/1/2010-Read third time. Urgency clause refused adoption. (Ayes 12. Noes 24.)
  Location: 8/30/2010-S. THIRD READING
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary:  This bill would make appropriations for support of state government for the 2010-11 fiscal year. This bill contains other related provisions.
  Digest:  This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2010.
This bill would make appropriations for support of state government for the 2010-11 fiscal year.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: majority 2/3 . Appropriation: no yes . Fiscal committee: no yes . State-mandated local program: no.
  Vote Events:
09/01/2010 SEN. FLOOR (Y:12 N:24 A:4) (F)
04/22/2010 ASM. FLOOR (Y:45 N:7 A:28) (P)
04/15/2010 ASM. BUDGET (Y:14 N:0 A:13) (P)
      Position         
      Oppose         
  AB 1763 (Lieu D)  In-home supportive services.
  Introduced: 2/9/2010
  Last Amend: 8/18/2010
  Status: 8/31/2010-To inactive file on motion of Senator Liu.
  Location: 8/31/2010-S. INACTIVE FILE
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary: 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. This bill would revise the above provisions, including deleting the individual's right to formally challenge the information in the criminal record report, and to waive specified fees associated with obtain a copy of the report. This bill would specify that an individual's criminal offender record information search response shall not be made available to any other individual, and requiring a public authority or nonprofit consortium to provide thee information in such a manner as to protect the confidentiality and privacy of the individual that is the subject of the information. The bill would require the public authority or nonprofit consortium to retain a copy of each individual's criminal offender record search response, and record the dates that copies of the response were provided to the individual and the department. To the extent that these procedures would impose additional duties on counties administering the IHSS program, this bill would create a state-mandated local program. This bill contains other related provisions and other existing laws.
  Digest:  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.
The IHSS program is administered at the statewide level by the State Department of Social Services. Existing law requires the department to convene periodic meetings in which supportive services recipients, providers, advocates, IHSS provider representatives, organizations representing recipients, counties, public authorities, nonprofit consortia, and other interested stakeholders may receive information and have the opportunity to provide input to the department regarding the quality assurance, program integrity, and program consistency efforts, as specified.

This bill would require the department, in consultation and coordination with county welfare departments, to establish guidelines to provide counties with instructions to consistently and accurately comply with the requirements of the IHSS program.

Existing law requires that criminal background checks be conducted for prospective and existing IHSS providers. Under existing law, if an applicant or provider is rejected as a result of information in a criminal background report, the applicant or provider shall receive a copy of the report to review the information for accuracy and completeness. Existing law requires the applicant or provider to be advised of his or her right to submit a formal challenge, as specified, if the applicant or provider finds information in the report to be inaccurate or incomplete.
This bill, if specified conditions are met, would authorize a public authority or nonprofit consortium to provide an individual with a copy of his or her state-level criminal offender record information search response provided to the entity by the Department of Justice, if the individual is denied placement on the registry, or if the individual's application for providing supportive services to an IHSS recipient has been denied.

This bill would revise the above provisions, including deleting the individual's right to formally challenge the information in the criminal record report, and to waive specified fees associated with obtain a copy of the report. This bill would specify that an individual's criminal offender record information search response shall not be made available to any other individual, and requiring a public authority or nonprofit consortium to provide thee information in such a manner as to protect the confidentiality and privacy of the individual that is the subject of the information. The bill would require the public authority or nonprofit consortium to retain a copy of each individual's criminal offender record search response, and record the dates that copies of the response were provided to the individual and the department. To the extent that these procedures would impose additional duties on counties administering the IHSS program, this bill would create a state-mandated local program.

This bill, with respect to a person who seeks to become an IHSS provider and who is not listed on a registry, would permit 2 or more adjacent or contiguous counties, or public authorities or nonprofit consortia within those counties, to agree to designate one county, public authority, or nonprofit consortium to send fingerprints to the Department of Justice for a criminal background check, to receive responses from the Department of Justice, and to maintain common lists of persons eligible for employment, as prescribed.

This bill, if specified conditions are met, would require a county, nonprofit consortium, or public authority authorized to secure a criminal background check clearance to accept a clearance for an individual, as prescribed, from another county, nonprofit consortium, or public authority with criminal background check authority. By imposing new duties on counties, this bill would create a state-mandated local program.

This bill, if specified conditions are met, would also require a county, nonprofit consortium, or public authorityto obtain subsequent arrest notifications issued by the Department of Justice for a provider whose criminal record clearance was originally processed by another county, nonprofit consortium, or public authority with criminal background check authority.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
  Vote Events:
08/12/2010 SEN. APPR. (Y:7 N:4 A:0) (P)
08/02/2010 SEN. APPR. (Y:10 N:0 A:1) (P)
06/29/2010 SEN. PUB. S. (Y:5 N:1 A:1) (P)
06/22/2010 SEN. HUMAN S. (Y:4 N:0 A:1) (P)
06/03/2010 ASM. FLOOR (Y:54 N:22 A:4) (P)
05/28/2010 ASM. APPR. (Y:12 N:5 A:0) (P)
04/13/2010 ASM. HUM. S. (Y:4 N:0 A:2) (P)
  Attachments:
AB 1763 - Support in Concept letter - Assembly Human Services
AB 1763 - CWDA Support in Concept letter - Assembly Human Services
UDW Background Sheet - AB 1763
AB 1763 - CAPA letter - Senate Human Services
      Position         
      Support if amended         
  AB 1801 (Yamada D)  In-home supportive services: quality assurance and fraud prevention.
  Introduced: 2/10/2010
  Status: 4/23/2010-Failed Deadline pursuant to Rule 61(b)(5). (Last location was HUM. S. on 2/25/2010)
  Location: 4/23/2010-A. DEAD
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary: Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes. Existing law requires the State Department of Social Services, in collaboration with the State Department of Health Care Services, the California State Association of Counties, the County Welfare Directors Association, and stakeholders representing consumers and providers, to convene a workgroup to develop and issue a report evaluating the implementation of quality assurance and fraud prevention and detection activities enacted from 2004 to the present. Existing law requires the department to provide this report on or before December 31, 2010. This bill would, in addition, require the department to continue to provide this report after December 31, 2010, on an annual basis. This bill contains other related provisions.
  Digest:  Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes. Existing law requires the State Department of Social Services, in collaboration with the State Department of Health Care Services, the California State Association of Counties, the County Welfare Directors Association, and stakeholders representing consumers and providers, to convene a workgroup to develop and issue a report evaluating the implementation of quality assurance and fraud prevention and detection activities enacted from 2004 to the present. Existing law requires the department to provide this report on or before December 31, 2010.
This bill would, in addition, require the department to continue to provide this report after December 31, 2010, on an annual basis.
This bill would also require the department, in consultation with the above-mentioned entities, to identify stable ongoing funding sources for IHSS services, solicit recommendations for improving the delivery of long-term care services, as described, and solicit recommendations regarding the role the IHSS program would have in accomplishing those improvements. It would require the department to report these findings and recommendations gathered as a result of these efforts to the Legislature on or before May 1, 2011.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
  Attachments:
AB 1801 support letter (CAPA) - Assembly Human Services
      Position         
      Support         
  AB 1866 (Strickland, Audra R)  Public assistance: home visits.
  Introduced: 2/12/2010
  Status: 4/23/2010-Failed Deadline pursuant to Rule 61(b)(5). (Last location was HUM. S. on 3/23/2010)
  Location: 4/23/2010-A. DEAD
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary: Existing law provides for the CalWORKs program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals. This bill would require a welfare fraud investigator in the county of residence of an applicant for aid, within 10 days of the applicant's preliminary approval, to arrange for an authorized investigator to conduct a home call, consisting of a brief interview with the applicant and walk-through of the applicant's residence. This bill contains other related provisions and other existing laws.
  Digest:  Existing law provides for the CalWORKs program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals.
This bill would require a welfare fraud investigator in the county of residence of an applicant for aid, within 10 days of the applicant's preliminary approval, to arrange for an authorized investigator to conduct a home call, consisting of a brief interview with the applicant and walk-through of the applicant's residence.
The bill would require the investigator to report his or her findings to the appropriate county officials prior to final approval of aid for the applicant.
By increasing the duties of county agencies, this bill would impose a state-mandated local program.
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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
  Vote Events:
03/23/2010 ASM. HUM. S. (Y:2 N:3 A:1) (F)
      Position         
      Watch         
  AB 1924 (Strickland, Audra R)  In-Home Supportive Services: fraud.
  Introduced: 2/16/2010
  Status: 5/7/2010-Failed Deadline pursuant to Rule 61(b)(6). (Last location was HUM. S. on 3/4/2010)
  Location: 5/12/2010-A. DEAD
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary: Existing law provides for the In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons receive services enabling them to remain in their home. The IHSS program is administered by counties under the general supervision and guidance of the State Department of Social Services. Existing law contains provisions relating to the duties of the State Department of Social Services, the State Department of Health Care Services, and the counties relating to IHSS fraud. This bill would delete the limitation on a county's authority to investigate suspected fraud in connection with the provision or receipt of supportive services to overpayments of $500 or less. This bill contains other existing laws.
  Digest:  Existing law provides for the In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons receive services enabling them to remain in their home. The IHSS program is administered by counties under the general supervision and guidance of the State Department of Social Services. Existing law contains provisions relating to the duties of the State Department of Social Services, the State Department of Health Care Services, and the counties relating to IHSS fraud.
Under existing law, a county may investigate suspected fraud in connection with the provision or receipt of in-home supportive services with respect to an overpayment of $500 or less.
This bill would delete the limitation on a county's authority to investigate suspected fraud in connection with the provision or receipt of supportive services to overpayments of $500 or less.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
      Position         
      Oppose         
  AB 1955 (De La Torre D)  Local government: compensation.
  Introduced: 2/17/2010
  Last Amend: 8/30/2010
  Status: 8/31/2010-Withdrawn from committee. Ordered to third reading. Read third time. Urgency clause refused adoption. (Ayes 15. Noes 19.) Motion to reconsider made by Senator Florez. Reconsideration granted. (Ayes 37. Noes 0.)
  Location: 8/31/2010-S. THIRD READING
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary:  Existing law charges the Controller with various duties, including, among others, superintending the fiscal concerns of the state. This bill would require the Controller to determine, based on a review of public records or reported salary information, whether a city is an excess compensation city, as defined. The bill would authorize a city to request a hearing, as specified, to contest the Controller's determination. The bill would require the Controller, if the city does not request a hearing or if the Attorney General concurs with the Controller's determination after a hearing, to notify the city and the redevelopment agency in the city of the city's status as an excess compensation city, as prescribed. This bill contains other related provisions and other existing laws.
  Digest:  (1) Existing law charges the Controller with various duties, including, among others, superintending the fiscal concerns of the state.
Existing law authorizes a city council to enact an ordinance providing each member of the city council a salary based on the population of the city, and to provide for other forms of compensation, as specified.
This bill would require the Controller to determine, based on a review of public records or reported salary information, whether a city is an excess compensation city, as defined. The bill would authorize a city to request a hearing, as specified, to contest the Controller's determination. The bill would require the Controller, if the city does not request a hearing or if the Attorney General concurs with the Controller's determination after a hearing, to notify the Franchise Tax Board city and the redevelopment agency in the city of the city's status as an excess compensation city, as prescribed.
(2) The Community Redevelopment Law authorizes the establishment of redevelopment agencies in communities to address the effects of blight, as defined, in blighted areas in those communities known as project areas, and authorizes the agency to issue bonds.
This bill would prohibit the agency, once the agency has received written notice from the Controller that the city is an excess compensation city, from adopting a redevelopment plan for a new project area or amending an existing redevelopment plan for existing project areas; from issuing new bonds, notes, interim certificates, debentures, or other obligations, as specified; and from encumbering any funds or expending any moneys derived from any source except as specified.
(3) The Personal Income Tax Law imposes taxes based upon taxable income.

This bill would, for taxable years beginning on or after January 1, 2011, increase the tax rate applicable to 50% on that portion of the gross income of a city council member of an excess compensation city, as defined, that is in excess of the allowable amount.

(4)

(3) Existing law, the Ralph M. Brown Act, requires that all meetings of a legislative body of a local agency be open and public and all persons be permitted to attend unless a closed session is authorized. The act authorizes a legislative body to hold a closed session with the local agency's designated representatives regarding various issues, including compensation, regarding its represented and unrepresented employees, but the legislative body is prohibited from taking final action on the proposed compensation of one or more unrepresented employees.
Existing law also requires that all contracts of employment with a local agency, as defined, for certain positions be ratified in an open session of the governing body and be reflected in the governing body's minutes.
This bill would require that any individual contract of employment or amendment to a contract of employment with an employee who is or will be employed by, and report directly to, the legislative body of the local agency be ratified in an open session of the legislative body after prescribed information regarding the contract or amendment to the contract is made available in a conspicuous location on the local agency's Internet Web site, if it maintains one, and in a location that is freely accessible to the public, no later than 5 days prior to the meeting to ratify the contract or amend the contract. By expanding the duties of local officials, these provisions would impose a state-mandated local program.
This bill would also specify that final action on the proposed compensation of one or more unrepresented employees who are to be employed by, and report directly to, the legislative body of the local agency only be taken in open session, consistent with the prescribed disclosure requirements. By expanding the duties of local officials, these provisions would impose a state-mandated local program.
(5)

(4) The bill would express a legislative finding and declaration that, to ensure the statewide integrity of local government, disclosure of compensation paid to officers and designated employees is an issue of statewide concern and not a municipal affair and that, therefore, all cities, including charter cities, would be subject to the provisions of the bill.
(6)

(5) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
(7)

(6) This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
  Vote Events:
08/31/2010 SEN. FLOOR (Y:37 N:0 A:3) (P)
08/27/2010 SEN. APPR. (Y:7 N:4 A:0) (P)
08/27/2010 SEN. APPR. (Y:4 N:7 A:0) (F)
08/12/2010 SEN. L.GOV. (Y:3 N:1 A:1) (P)
08/12/2010 SEN. L.GOV. (Y:3 N:0 A:2) (P)
06/30/2010 SEN. L.GOV. (Y:1 N:3 A:1) (F)
04/29/2010 ASM. FLOOR (Y:72 N:0 A:8) (P)
04/21/2010 ASM. L. GOV. (Y:8 N:0 A:1) (P)
      Position         
      Watch         
  AB 1970 (Fong D)  In-home supportive services providers: emergency shelter services.
  Introduced: 2/17/2010
  Last Amend: 4/5/2010
  Status: 6/4/2010-Failed Deadline pursuant to Rule 61(b)(11). (Last location was APPR. SUSPENSE FILE on 4/28/2010)
  Location: 6/4/2010-A. DEAD
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary: Existing federal law provides for the declaration of a federal state of emergency, upon the request made by the Governor of an affected state, for the purpose of receiving federal emergency assistance. This bill would authorize a county department of social services to make IHSS provider registries available during a federally declared state of emergency. The bill would require a person designated by the county as representative of the county department of social services to, upon the request of an emergency shelter operator, assess the operator's emergency shelter, as define d, to determine the assistance needs of seniors and persons with disabilities at the shelter site. The bill would authorize the county department of social services to direct the public authority, or other entity responsible for providing in-home supportive services in the county, to contact in-home supportive services providers who are willing and available to provide assistance to seniors and persons with disabilities at the emergency shelter . This bill contains other related provisions and other existing laws.
  Digest:  Existing law, the California Emergency Services Act, establishes emergency services functions of the state, as specified. Existing federal law also provides for the declaration of a federal state of emergency, upon the request made by the Governor of an affected state, for the purpose of receiving federal emergency assistance.
Existing law provides for the In-Home Supportive Services (IHSS) program, under which, either through employment by the recipient, by or through contract by the county, by the creation of a public authority, or pursuant to a contract with a nonprofit consortium, qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes.
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. The duties of a public authority or nonprofit consortium that provides services under the IHSS Program include the provision of assistance to recipients in finding in-home supportive services personnel through the establishment of a provider registry.
This bill would require the State Department of Social Services authorize a county department of social services to make IHSS provider registries available during a state or federally declared state of emergency, upon the request of an emergency shelter operator, for the assistance of seniors and persons with disabilities at the shelter site. The bill would specify county and public authority responsibilities in administering the bill emergency. The bill would require a person designated by the county as representative of the county department of social services to, upon the request of an emergency shelter operator, assess the operator's emergency shelter, as define d, to determine the assistance needs of seniors and persons with disabilities at the shelter site. The bill would authorize the county department of social services to direct the public authority, or other entity responsible for providing in-home supportive services in the county, to contact in-home supportive services providers who are willing and available to provide assistance to seniors and persons with disabilities at the emergency shelter .
By imposing new duties or local officials, this bill would create a state-mandated local program.
The bill would provide that an in-home supportive services provider who provides assistance to seniors and persons with disabilities at an emergency shelter shall not be liable for harm caused by an act or omission of the provider if the provider was acting within the scope of his or her responsibilities as an in-home supportive services provider at the time of the act or omission and the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed by the provider.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
  Vote Events:
04/13/2010 ASM. HUM. S. (Y:4 N:1 A:1) (P)
  Attachments:
AB 1970 support letter - Assembly Human Services
AB 1970 - Author's Fact Sheet
      Position         
      Pending         
  AB 2064 (Huber D)  State and local government: salary disclosure.
  Introduced: 2/18/2010
  Last Amend: 8/31/2010
  Status: 8/31/2010-Read second time, amended, and re-referred to Com. On RLS. Joint Rules 61(b)(15) and 62(a) suspended. (Ayes 21. Noes 13.) Re-referred to Com. On G.O.
  Location: 8/31/2010-S. G.O.
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary: Under existing law, local governments are authorized to provide for the compensation of local elected and appointed officials, as specified. This bill would require each general law or charter city, county, city and county, special district, school district, and joint powers agency to post on its official Internet Web site, if it maintains one, and annually update, annual salary information pertaining to specified persons, including, among others, each elected or appointed official of that entity, thus imposing a state-mandated local program. The bill would provide that this provision not become operative if a specified condition occurs. This bill contains other related provisions and other existing laws.
  Digest:  Under existing law, local governments are authorized to provide for the compensation of local elected and appointed officials, as specified.
The California Constitution authorizes the California Citizens Compensation Committee to establish the salaries for state officers, including constitutional officers and members of the Legislature.
This bill would require each general law or charter city, county, city and county, special district, school district, and joint powers agency to post on its official Internet Web site, if it maintains one, and annually update, annual salary information pertaining to specified persons, including, among others, each elected or appointed official of that entity, thus imposing a state-mandated local program. The bill would provide that this provision not become operative if a specified condition occurs.
This bill would require each house of the Legislature to post on its official Internet Web site, and annually update, the annual salary for Assembly Members, Senators, and employees of the Legislature.

This bill would require each constitutional officer to post on his or her official Internet Web site, and update on an annual basis, the annual salary for that constitutional officer, any appointed or exempt deputies, and any appointed or exempt employees of that constitutional officer.
This bill would declare the intent of the Legislature to display and regularly update, on its official Internet Web site, the annual salary of its members, officers, and employees, as specified.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: majority 2/3 . Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
  Vote Events:
08/12/2010 SEN. APPR. (Y:7 N:4 A:0) (P)
08/02/2010 SEN. APPR. (Y:10 N:0 A:1) (P)
06/29/2010 SEN. T. & H. (Y:6 N:2 A:1) (P)
06/01/2010 ASM. FLOOR (Y:60 N:16 A:4) (P)
05/28/2010 ASM. APPR. (Y:12 N:5 A:0) (P)
05/05/2010 ASM. H. & C.D. (Y:8 N:1 A:0) (P)
      Position         
      Watch         
  AB 2073 (Lowenthal, Bonnie D)  Medi-Cal: adult day health care services.
  Introduced: 2/18/2010
  Status: 6/4/2010-Failed Deadline pursuant to Rule 61(b)(11). (Last location was APPR. on 3/24/2010)
  Location: 6/4/2010-A. DEAD
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary: Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which basic health care services are provided to qualified low-income persons. This bill would, instead, upon the date the director executes the aforementioned declaration, establish adult day health care services as a Medi-Cal benefit for Medi-Cal beneficiaries who meet certain criteria, including, requiring beneficiaries to have two or more functional impairments involving the above-described activities and require assistance, as defined, in performing those activities. This bill contains other existing laws.
  Digest:  Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which basic health care services are provided to qualified low-income persons.
The Adult Day Health Medi-Cal Law establishes adult day health care services as a Medi-Cal benefit for Medi-Cal beneficiaries who meet certain adult day health care eligibility criteria. Existing law provides that certain criteria shall only apply on the date the Director of Health Care Services executes a declaration, as specified. These criteria include requirements that beneficiaries have two or more functional impairments involving activities that include bathing, dressing, and self-feeding and, depending upon the type of beneficiary, the beneficiary either requires substantial human assistance or assistance, as defined, in performing those activities.
This bill would, instead, upon the date the director executes the aforementioned declaration, establish adult day health care services as a Medi-Cal benefit for Medi-Cal beneficiaries who meet certain criteria, including, requiring beneficiaries to have two or more functional impairments involving the above-described activities and require assistance, as defined, in performing those activities.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
  Vote Events:
03/23/2010 ASM. HEALTH (Y:19 N:0 A:0) (P)
      Position         
      Watch         
  AB 2114 (Beall D)  Aging: Elder Economic Security Standard Index.
  Introduced: 2/18/2010
  Last Amend: 6/30/2010
  Status: 8/12/2010-In committee: Held under submission.
  Location: 8/12/2010-S. APPR.
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary: Existing law, the Mello-Granlund Older Californians Act, creates the California Department of Aging, with prescribed duties, including the development of the state plan on aging. This bill would require, if specified conditions are met, the department to report data from the Elder Economic Security Standard Index (Elder Index), as defined, for each service area included in the state plan. This bill contains other related provisions and other existing laws.
  Digest:  Existing law, the Mello-Granlund Older Californians Act, creates the California Department of Aging, with prescribed duties, including the development of the state plan on aging.
This bill would require, if specified conditions are met, the department to report data from the Elder Economic Security Standard Index (Elder Index), as defined, for each service area included in the state plan.
Existing law establishes area agencies on aging with specified duties, including creation of a plan for the agencies, planning and service area agencies that considers available data and population trends, assesses the need for services, identifies sources of funding for services, and develops and implements a plan for the delivery of services based on the need.
This bill would also require, if specified conditions are met, that the plan utilize the Elder Index, Index to specify the cost of meeting basic needs for elders in each planning and service area, and identify which elders the number or percentage of elders who are living at or below the Elder Index.
Existing law, the federal Older Americans Act, provides for various programs, including the Senior Community Service Employment Program (SCSEP), an employment and training program for employed, low-income seniors. This program is locally administered by area agencies on aging.
This bill would require, if specified conditions are met, that the area agencies on aging use the Elder Index to track state-administered SCSEP participants progress toward economic sustainability.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
  Vote Events:
08/02/2010 SEN. APPR. (Y:10 N:0 A:1) (P)
06/22/2010 SEN. HUMAN S. (Y:4 N:0 A:1) (P)
05/03/2010 ASM. FLOOR (Y:51 N:20 A:9) (P)
04/21/2010 ASM. APPR. (Y:12 N:5 A:0) (P)
04/06/2010 ASM. AGING & L.T.C. (Y:4 N:1 A:1) (P)
  Attachments:
AB 2114 - CAPA support letter: Senate HumanServices
      Position         
      Support         
  AB 2187 (Arambula I)  Employment: payment of wages.
  Introduced: 2/18/2010
  Last Amend: 8/11/2010
  Status: 8/25/2010-Assembly Rule 77 suspended. (Ayes 49. Noes 27.) Senate amendments concurred in. To enrollment. (Ayes 47. Noes 27.)
  Location: 8/25/2010-A. ENROLLMENT
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary: Existing law makes it a misdemeanor for a person or employer who, having the ability to pay, willfully refuses to pay wages due to a current employee, an employee who has resigned, or an employee who has been discharged. Under existing law, an aggrieved employee has the right to restitution for unpaid wages. Existing law also imposes civil penalties against a person or employer who wrongfully fails to pay wages. This bill would create a separate prohibition against a person or an employer who, having the ability to pay, willfully fails to pay all wages due to an employee who has been discharged or who has quit within 90 days of the date of the wages becoming due, unless exempted, and would impose additional criminal penalties for that conduct. The bill would also require a person or employer who violates these provisions to pay restitution in an amount equal to the amount of unpaid wages to the aggrieved employee upon conviction. This bill contains other related provisions and other existing laws.
  Digest:  Existing law makes it a misdemeanor for a person or employer who, having the ability to pay, willfully refuses to pay wages due to a current employee, an employee who has resigned, or an employee who has been discharged. Under existing law, an aggrieved employee has the right to restitution for unpaid wages. Existing law also imposes civil penalties against a person or employer who wrongfully fails to pay wages.
This bill would create a separate prohibition against a person or an employer who, having the ability to pay, willfully fails to pay all wages due to an employee who has been discharged or who has quit within 90 days of the date of the wages becoming due, unless exempted, and would impose additional criminal penalties for that conduct. The bill would also require a person or employer who violates these provisions to pay restitution in an amount equal to the amount of unpaid wages to the aggrieved employee upon conviction.
Because this bill would create a new crime, it would impose a state-mandated local program.
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 Events:
08/25/2010 ASM. FLOOR (Y:47 N:27 A:5) (P)
08/24/2010 SEN. FLOOR (Y:21 N:14 A:5) (P)
06/23/2010 SEN. L. & I.R. (Y:4 N:1 A:1) (P)
05/06/2010 ASM. FLOOR (Y:42 N:28 A:10) (P)
04/21/2010 ASM. APPR. (Y:12 N:5 A:0) (P)
04/07/2010 ASM. L. & E. (Y:4 N:2 A:1) (P)
      Position         
      Watch         
  AB 2274 (Beall D)  In-Home Supportive Services program.
  Introduced: 2/18/2010
  Status: 8/30/2010-In Assembly. To enrollment.
  Location: 8/30/2010-A. ENROLLMENT
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary: 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 allows a recipient who receives services through either a contract or a managed care provider, subject to program requirements, to select any qualified person, as defined, to provide care. This bill would also allow a person who receives services as part of an entity authorized by a specified waiver under the federal Social Security Act to select any qualified person to provide care.
  Digest:  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 allows a recipient who receives services through either a contract or a managed care provider, subject to program requirements, to select any qualified person, as defined, to provide care.
This bill would also allow a person who receives services as part of an entity authorized by a specified waiver under the federal Social Security Act to select any qualified person to provide care.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
  Vote Events:
08/30/2010 SEN. FLOOR (Y:24 N:13 A:3) (P)
08/11/2010 SEN. FLOOR (Y:33 N:0 A:6) (P)
08/11/2010 SEN. FLOOR (Y:22 N:12 A:5) (P)
06/22/2010 SEN. HUMAN S. (Y:3 N:2 A:0) (P)
05/06/2010 ASM. FLOOR (Y:48 N:26 A:6) (P)
04/28/2010 ASM. APPR. (Y:10 N:5 A:2) (P)
04/13/2010 ASM. HUM. S. (Y:4 N:1 A:1) (P)
  Attachments:
CAPA support letter - AB 2274 - Assembly Human Services
AB 2274 support letter - CAPA - Senate Human Services
      Position         
      Support         
  AB 2374 (Nestande R)  In-Home Supportive Services: pilot project.
  Introduced: 2/19/2010
  Last Amend: 4/5/2010
  Status: 8/18/2010-Failed Deadline pursuant to Rule 61(b)(14). (Last location was APPR. on 6/23/2010)
  Location: 8/18/2010-S. DEAD
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary: Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes. 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. This bill would, instead, require the pilot project to commence January 1, 2011, and would authorize the pilot project to be established in not more than 5 consenting counties . This bill contains other existing laws.
  Digest:  Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes. 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.
Existing law requires, commencing January 1, 2009, the establishment of a pilot project in 5 consenting counties under which the project provides severely impaired IHSS recipients, as described, with the choice to receive in-home supportive services either through a public authority or a contracting voluntary nonprofit or proprietary agency, as specified.
This bill would, instead, require the pilot project to commence January 1, 2011, and would expand participation in the pilot project to all IHSS recipients rather than limiting participation to only those that are severely impaired authorize the pilot project to be established in not more than 5 consenting counties .
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
  Vote Events:
07/15/2010 SEN. APPR. (Y:8 N:0 A:3) (P)
06/22/2010 SEN. HUMAN S. (Y:4 N:0 A:1) (P)
06/01/2010 ASM. FLOOR (Y:74 N:1 A:5) (P)
05/28/2010 ASM. APPR. (Y:17 N:0 A:0) (P)
04/13/2010 ASM. HUM. S. (Y:5 N:0 A:1) (P)
      Position         
      Watch         
  AB 2619 (Block D)  Elder and dependent adult abuse: restitution: earnings withholding orders.
  Introduced: 2/19/2010
  Last Amend: 4/28/2010
  Status: 7/9/2010-Chaptered by Secretary of State - Chapter 64, Statutes of 2010.
  Location: 7/9/2010-A. CHAPTERED
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary: Existing law provides for the award of attorney's fees and costs, and damages to a plaintiff when it is proven by a preponderance of the evidence that the defendant is liable for financial abuse of an elder or dependent adult. Existing law authorizes the remedy of attachment against a defendant's property to secure the amount of the claimed indebtedness to the plaintiff in connection with cases involving financial abuse of an elder or dependent adult. This bill would require the court to issue an earnings withholding order for elder or dependent adult financial abuse, as defined, for a defendant who has been found liable for financial abuse of an elder or dependent adult, as specified. This bill contains other related provisions and other existing laws.
  Digest:  Existing law provides for the award of attorney's fees and costs, and damages to a plaintiff when it is proven by a preponderance of the evidence that the defendant is liable for financial abuse of an elder or dependent adult. Existing law authorizes the remedy of attachment against a defendant's property to secure the amount of the claimed indebtedness to the plaintiff in connection with cases involving financial abuse of an elder or dependent adult.
This bill would require the court to issue an earnings withholding order for elder or dependent adult financial abuse, as defined, for a defendant who has been found liable for financial abuse of an elder or dependent adult, as specified.
Existing law provides that, except for earnings assignment orders for support, the provisions governing earnings withholding orders provide the exclusive procedure by which a judgment creditor can execute against the wages of a judgment debtor. Existing law provides that if an employer is served with 2 or more earnings withholding orders, the employer is required to comply with the order issued pursuant to the judgment first entered.
This bill would require that earnings withholding orders for elder or dependent adult financial abuse be given priority over any other earnings withholding orders, as provided. The bill would also require, however, that earnings withholding orders for support or for taxes be given priority over earnings withholding orders for elder or dependent adult financial abuse. The bill would require that the application for issuance of an earnings withholding order and the earnings withholding order include how much of the judgment arises from that claim.
  Vote Events:
06/24/2010 SEN. FLOOR (Y:31 N:0 A:9) (P)
06/15/2010 SEN. JUD. (Y:5 N:0 A:0) (P)
05/10/2010 ASM. FLOOR (Y:71 N:0 A:9) (P)
05/04/2010 ASM. JUD. (Y:10 N:0 A:0) (P)
      Position         
      Support         
  AB 2702 (Chesbro D)  Developmental services: planning teams.
  Introduced: 2/19/2010
  Last Amend: 8/5/2010
  Status: 8/12/2010-In committee: Held under submission.
  Location: 8/12/2010-S. APPR.
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary: Existing law, the California Early Intervention Services Act, provides a statewide system of coordinated, comprehensive, family-centered, multidisciplinary, and interagency programs that are responsible for providing appropriate early intervention services and support to all eligible infants and toddlers, as defined, and their families and requires an eligible infant or toddler receiving services under the act to have an individualized family service plan (IFSP). This bill would, instead, require a regional center to ensure, at the time of the development, scheduled review, or modification of an IFSP or IPP, that all decisions pertaining to the purchase and provision of services to that consumer are made pursuant to the relevant statutes . This bill contains other existing laws.
  Digest:  Existing law, the California Early Intervention Services Act, provides a statewide system of coordinated, comprehensive, family-centered, multidisciplinary, and interagency programs that are responsible for providing appropriate early intervention services and support to all eligible infants and toddlers, as defined, and their families and requires an eligible infant or toddler receiving services under the act to have an individualized family service plan (IFSP).
Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services is responsible for providing various services and supports to individuals with developmental disabilities, and for ensuring the appropriateness and quality of those services and supports. Under existing law, the department contracts with regional centers to provide services and supports to persons with developmental disabilities. The services and supports to be provided to a regional center consumer are contained in an individual program plan (IPP), developed in accordance with prescribed requirements.
Under existing law, development and monitoring of IFSPs and IPPs is done by planning teams, as defined, that include specified participants. Existing law requires the final decision regarding a consumer's IPP or IFSP to be made pursuant to the relevant statute.
This bill would, instead, require a regional center to ensure, at the time of the development, scheduled review, or modification of an IFSP or IPP, that the plan is all decisions pertaining to the purchase and provision of services to that consumer are made pursuant to the relevant statute statutes .
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
  Vote Events:
08/02/2010 SEN. APPR. (Y:10 N:0 A:1) (P)
06/22/2010 SEN. HUMAN S. (Y:4 N:1 A:0) (P)
05/13/2010 ASM. FLOOR (Y:65 N:7 A:8) (P)
05/05/2010 ASM. APPR. (Y:12 N:0 A:5) (P)
04/13/2010 ASM. HUM. S. (Y:5 N:1 A:0) (P)
  Attachments:
AB 2702 - CAPA support letter - Assembly Human Services
AB 2702 request for support - The Arc
AB 2702 - CAPA support letter - Senate Human Services
      Position         
      Support         
  ACR 151 (Ma D)  In-home supportive services.
  Introduced: 4/7/2010
  Last Amend: 6/14/2010
  Status: 8/24/2010-In Assembly. To enrollment.
  Location: 8/24/2010-A. ENROLLMENT
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary: This measure would declare the intent of the Legislature to ensure the preservation of home care and personal care services to seniors and people with disabilities through the In-Home Supportive Services program.
  Digest:  This measure would declare the intent of the Legislature to ensure the preservation of home care and personal care services to seniors and people with disabilities through the In-Home Supportive Services program.
  Vote Events:
08/24/2010 SEN. FLOOR (Y:25 N:9 A:6) (P)
05/11/2010 ASM. HUM. S. (Y:4 N:2 A:0) (P)
  Attachments:
ACR 151 Fact Sheet by UDW
ACR 151 CAPA co-sponsor letter - Assembly Human Services Committee
      Position         
      Co-Sponsor         
  ACR 162 (Beall D)  Disability History Week.
  Introduced: 4/19/2010
  Last Amend: 6/29/2010
  Status: 8/9/2010-Chaptered by Secretary of State - Chapter No. 75, Statutes of 2010
  Location: 8/9/2010-A. CHAPTERED
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary: This measure would designate the 2nd week of October 2010, and annually thereafter, as Disability History Week, and would encourage public and private institutions of higher education, state and local agencies, nonprofit and community-based organizations, and private businesses and corporations to observe Disability History Week by dedicating appropriate classroom instructional time or by coordinating all-inclusive activities to be conducted during that week to afford opportunities for students and the general public to learn more about the disability community and to celebrate and honor its role in contemporary American society.
  Digest:  This measure would designate the 2nd week of October 2010, and annually thereafter, as Disability History Week, and would encourage public and private institutions of higher education, state and local agencies, nonprofit and community-based organizations, and private businesses and corporations to observe Disability History Week by dedicating appropriate classroom instructional time or by coordinating all-inclusive activities to be conducted during that week to afford opportunities for students and the general public to learn more about the disability community and to celebrate and honor its role in contemporary American society.
  Vote Events:
08/02/2010 ASM. FLOOR (Y:75 N:0 A:5) (P)
07/01/2010 SEN. FLOOR (Y:34 N:0 A:6) (P)
  Attachments:
ACR 162 press release by CFILC
ACR 162 CAPA Support letter - Assembly Human Services Committee
      Position         
      Support         
  ACR 177 (Yamada D)  20th Anniversary of the Americans with Disabilities Act.
  Introduced: 6/24/2010
  Status: 8/30/2010-In Assembly. To enrollment.
  Location: 8/30/2010-A. ENROLLMENT
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary: This measure would recognize July 26, 2010, as the 20th anniversary of the Americans with Disabilities Act and recommit the Legislature to efforts to reach full compliance with that act.
  Digest:  This measure would recognize July 26, 2010, as the 20th anniversary of the Americans with Disabilities Act and recommit the Legislature to efforts to reach full compliance with that act.
Fiscal committee: no.
  Vote Events:
08/30/2010 SEN. FLOOR (Y:27 N:4 A:9) (P)
08/05/2010 ASM. RLS. (Y:7 N:0 A:4) (P)
  Attachments:
ACR 177 CAPA co-sponsor ltr - Assembly Rules
Assembly Member Yamada celebrates ADA anniversary
CAPA Assembly floor alert - ACR 177
      Position         
      Co-Sponsor         
  SB 110 (Liu D)  People with disabilities: victims of crime.
  Introduced: 1/28/2009
  Last Amend: 8/2/2010
  Status: 8/19/2010-Senate concurs in Assembly amendments. (Ayes 35. Noes 0. Page 4644.) To enrollment.
  Location: 8/19/2010-S. ENROLLMENT
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary: Existing law addresses aspects of the jurisdiction of state agencies and law enforcement in regard to long-term care facilities and elder and dependent adult abuse, as specified. This bill would further specify the jurisdiction of various state agencies and of law enforcement in regard to investigating those facilities and that conduct. This bill contains other related provisions and other existing laws.
  Digest:  Existing law addresses aspects of the jurisdiction of state agencies and law enforcement in regard to long-term care facilities and elder and dependent adult abuse, as specified.
This bill would further specify the jurisdiction of various state agencies and of law enforcement in regard to investigating those facilities and that conduct.
Existing law regulates the investigation and prosecution of crimes against a dependent adult, which is defined to include a person who is between 18 and 64 years of age, inclusive, and who has a physical or mental limitation which restricts his or her ability, or substantially restricts his or her ability, to carry out normal activities or to protect his or her rights, including, but not limited to, a person who has a physical or developmental disability or whose physical or mental abilities have diminished, or significantly diminished, because of age. Under existing law, the term also includes any person between 18 and 64 years of age, inclusive, who is admitted as an inpatient to certain 24-hour health facilities.
Existing law authorizes any county to establish an interagency elder death review team to assist local agencies in identifying and reviewing suspicious elder deaths and facilitating communications among persons who perform autopsies and persons involved in the investigation or reporting of elder abuse or neglect. Existing law establishes procedures for the sharing or disclosure of information by elder death review teams.
This bill would rename these teams "elder and dependent adult death review teams" and would expand the authority of these teams to cover dependent adult death, abuse, and neglect, as specified.
Existing law provides for the training of peace officers.
This bill would require the Commission on Peace Officer Standards and Training and the Bureau of Medi-Cal Fraud and Elder Abuse to consult with each other and with other subject matter experts when producing new or updated training materials relating to elder and dependent adult abuse, as specified.
Existing law provides for the creation of an advisory committee responsible for developing a course of training for district attorneys in the investigation and prosecution of sexual assault cases, child sexual exploitation cases, and child sexual abuse cases. Existing law requires that the courses shall include training in the unique emotional trauma experienced by victims of these crimes. Existing law requires that the committee shall consist of 11 members of which 6 shall be public members appointed by the Commission on the Status of Women, as specified.
This bill would require that one of the appointees of the Commission on the Status of Women be an expert on crimes against persons with disabilities or other representative of the disability community, appointed as specified.
Existing law provides that each county shall establish an emergency response adult protective services program that shall provide in-person response, 24 hours per day, 7 days per week, to reports of abuse of an elder or dependent adult, as specified.
This bill would make technical changes to those provisions.
  Vote Events:
08/19/2010 SEN. FLOOR (Y:35 N:0 A:4) (P)
08/12/2010 ASM. FLOOR (Y:78 N:0 A:2) (P)
08/04/2010 ASM. APPR. (Y:17 N:0 A:0) (P)
06/29/2010 ASM. HUM. S. (Y:6 N:0 A:0) (P)
06/15/2010 ASM. PUB. S. (Y:7 N:0 A:0) (P)
01/28/2010 SEN. FLOOR (Y:31 N:1 A:8) (P)
01/21/2010 SEN. APPR. (Y:6 N:2 A:3) (P)
05/18/2009 SEN. APPR. (Y:13 N:0 A:0) (P)
04/28/2009 SEN. PUB. S. (Y:6 N:0 A:1) (P)
      Position         
      Support         
  SB 141 (Maldonado R)  In-home supportive services: provider timesheets.
  Introduced: 2/11/2009
  Last Amend: 7/6/2009
  Status: 8/13/2010-Failed Deadline pursuant to Rule 61(b)(14). (Last location was APPR. on 7/6/2009)
  Location: 8/13/2010-A. DEAD
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary: 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. 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 certification , to be signed by the provider and recipient , verifying that the information provided in the timesheet is true and correct. The bill would authorize, in addition to other criminal penalties, the imposition of a specified civil penalty against a person who is convicted of fraud, as defined, resulting from intentional deception or misrepresentation in the provision of timesheet information under the IHSS program . This bill contains other existing laws.
  Digest:  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 certification , to be signed by the provider and recipient , verifying that the information provided in the timesheet is true and correct. A person who willfully and knowingly provides false information under the bill would be subject to a specified civil penalty The bill would authorize, in addition to other criminal penalties, the imposition of a specified civil penalty against a person who is convicted of fraud, as defined, resulting from intentional deception or misrepresentation in the provision of timesheet information under the IHSS program .
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
  Vote Events:
06/30/2009 ASM. HUM. S. (Y:7 N:0 A:0) (P)
05/28/2009 SEN. FLOOR (Y:29 N:1 A:10) (P)
04/28/2009 SEN. HUMAN S. (Y:5 N:0 A:0) (P)
      Position         
               
  SB 142 (Maldonado R)  In-home supportive services: provider timesheets.
  Introduced: 2/11/2009
  Last Amend: 7/6/2009
  Status: 8/13/2010-Failed Deadline pursuant to Rule 61(b)(14). (Last location was APPR. on 7/6/2009)
  Location: 8/13/2010-A. DEAD
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary: 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. This bill would require the department, on or before December 31, 2011, to develop procedures to ensure that an IHSS provider receives a list specifying the approved duties to be performed for each recipient under the provider's care and a complete list of supportive service tasks available under the IHSS program . This bill contains other existing laws.
  Digest:  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 department, on or before December 31, 2011, to develop procedures to ensure that a an IHSS provider receives a list specifying the approved duties to be performed for each recipient under the provider's care and a complete list of supportive service tasks available under the IHSS program .
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
  Vote Events:
06/30/2009 ASM. HUM. S. (Y:6 N:0 A:1) (P)
06/01/2009 SEN. FLOOR (Y:32 N:1 A:7) (P)
04/28/2009 SEN. HUMAN S. (Y:5 N:0 A:0) (P)
      Position         
               
  SB 208 (Steinberg D)  Medi-Cal: demonstration project waivers.
  Introduced: 2/23/2009
  Last Amend: 8/2/2010
  Status: 8/24/2010-Placed on inactive file on request of Assembly Member John A. Perez.
  Location: 8/24/2010-A. INACTIVE FILE
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary: Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income persons receive health care benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions. This bill would, to the extent that federal financial participation is available, and pursuant to a demonstration project or waiver of federal law, require the department to establish pilot projects in up to 4 counties, as specified, to develop effective health care models to provide services to persons who are dually eligible under both the Medi-Cal and Medicare programs. This bill would require the department to, no later than April 1, 2011, identify health care models that may be included in a pilot project , to develop a timeline and process for selecting, financing, monitoring, and evaluating the pilot projects , and to provide this timeline and process to certain committees of the Legislature . This bill contains other related provisions and other existing laws.
  Digest:  Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income persons receive health care benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions.
Existing federal law provides for the federal Medicare Program, which is a public health insurance program for persons 65 years of age and older and specified persons with disabilities who are under 65 years of age.
This bill would, to the extent that federal financial participation is available, and pursuant to a demonstration project or waiver of federal law, require the department to establish pilot projects in up to 4 counties, as specified, to develop effective health care models to provide services to persons who are dually eligible under both the Medi-Cal and Medicare programs. This bill would require the department to, no later than January 1, 2012, April 1, 2011, identify health care models that may be included in a pilot project and , to develop a timeline and process for selecting, financing, monitoring, and evaluating the pilot projects , and to provide this timeline and process to certain committees of the Legislature .
Existing law requires the department to seek a demonstration project or federal waiver of Medicaid law to implement specified objectives, which may include better care coordination for seniors and persons with disabilities and children with special health care needs.
This bill would, in furtherance of the waiver or demonstration project and to the extent that federal financial participation is available, permit the department to develop a pilot project that would require seniors and persons with disabilities who do not have other health coverage to be assigned as mandatory enrollees into new and existing managed care health plans or county alternative models of care, as specified. This bill would provide that enrollment of seniors and persons with disabilities shall be accomplished using a phased-in process and shall not commence until necessary federal approvals have been acquired, or until February 1, 2011, whichever is later. The bill would impose various requirements upon managed care health plans and county alternative models of care participating in the demonstration program.
This bill would, commencing January 1, 2011, require all Medi-Cal managed care health plans and other managed care arrangements, as specified, to submit data, including encounter data and financial data, for the development of rates, monitoring performance, and ensuring quality. beginning January 1, 2012, require managed care health plans and county alternative models of care to comply with quality submission standards developed by the department as prescribed.
This bill would require the department, in conjunction with the implementation of the pilot project, to work with counties to develop a method to be used in determining the appropriate contribution to cover the nonfederal share of inpatient hospital expenses for seniors and persons with disabilities in the Medi-Cal program.
Existing law, the Robert W. Crown California Children's Services Act, requires the department and each county to administer the California Children Services (CCS) program for treatment services for persons under 21 years of age diagnosed with severe chronic disease or severe physical limitations, as specified.
This bill also would, in furtherance of the waiver or demonstration project, require the Director of Health Care Services to establish, by January 1, 2012, models of organized health care delivery systems, as specified, for children eligible for services under the CCS program. This bill would provide that, to the extent permitted by federal law, the department may require eligible individuals to enroll in these models. This bill would also permit the Managed Risk Medical Insurance Board to elect, with the consent of the director, to permit children enrolled in the Healthy Families Program who are eligible for CCS services to enroll in these organized health care delivery models.
Existing law provides for the Health Care Coverage Initiative, which is a federal waiver demonstration project established to expand health care coverage to low-income uninsured individuals who are not currently eligible for the Medi-Cal program, the Healthy Families Program, or the Access for Infants and Mothers program.
Existing law provides for the repeal of this the department's authority under the Health Care Coverage Initiative upon the execution of a declaration by the Director of Health Care Services specifying that the demonstration project has been terminated.
This bill would, alternatively, authorize the director to execute a declaration continuing the demonstration project to the extent authorized by a successor federal waiver or demonstration project.
This bill would, in this regard, only to the extent that federal financial participation is available and only to the extent that federal financial participation is not jeopardized , require the department to, on or after September 1, 2010, but no later than January 1, 2011, or 180 days after federal approval is obtained, seek of a successor demonstration project or federal waiver of Medicaid law to establish authorize local Coverage Expansion and Enrollment Demonstration (CEED) projects, as specified, to provide scheduled health care benefits for uninsured adults 19 to 64, inclusive, years of age with incomes up to 200% of the federal poverty level who are not otherwise eligible for Medi-Cal or Medicare. This bill would require CEED projects to be designed and implemented with the systems and program elements necessary to facilitate the transition of those eligible individuals to the Medi-Cal program, or alternatively, to coverage through the state health insurance exchange, by 2014, pursuant to the provisions of federal and state law, and the terms and conditions of specified successor federal waivers or demonstrations projects.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
  Vote Events:
08/12/2010 ASM. APPR. (Y:12 N:0 A:5) (P)
06/29/2010 ASM. HEALTH (Y:13 N:0 A:6) (P)
05/14/2009 SEN. FLOOR (Y:38 N:0 A:2) (P)
04/22/2009 SEN. HEALTH (Y:11 N:0 A:0) (P)
      Position         
      Watch         
  SB 501 (Correa D)  Local government: compensation disclosure.
  Introduced: 2/26/2009
  Last Amend: 8/20/2010
  Status: 8/31/2010-In Senate. To unfinished business.
  Location: 8/31/2010-S. UNFINISHED BUSINESS
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary: Existing law provides for the compensation of local government officers and employees, as specified. This bill would require filers , as defined, to annually file a compensation disclosure form, as specified. This bill would require the Secretary of State to develop the form, which would provide for the disclosure of, among other things, salaries and stipends , automobile and equipment allowances, and incentive and bonus payments . This bill would also require a county, city, city and county, school district, special district, or joint powers agency that maintains an Internet Web site to post the information contained on the filed form on that Internet Web site, as specified. The bill would authorize a district attorney or any interested person to commence an action by mandamus to enforce the provisions of the bill, as specified. The duties imposed on local departmental agencies by the bill would create a state-mandated local program. This bill contains other related provisions and other existing laws.
  Digest:  Existing law provides for the compensation of local government officers and employees, as specified.
This bill would require officers and designated employees filers , as defined, to annually file a compensation disclosure form, as specified. This bill would require the Secretary of State to develop the form, which would provide for the disclosure of, among other things, salaries and stipends and reimbursements received by the officer or designated employee, and the employer's cost of providing benefits , automobile and equipment allowances, and incentive and bonus payments . This bill would also require a county, city, city and county, school district, special district, or joint powers agency that maintains an Internet Web site to post the information contained on the filed form on that Internet Web site, as specified. The bill would authorize a district attorney or any interested person to commence an action by mandamus to enforce the provisions of the bill, as specified. The duties imposed on local departmental agencies by the bill would create a state-mandated local program.
The bill would express a legislative finding and declaration that, to ensure the statewide integrity of local government, disclosure of compensation paid to officers and designated employees filers is an issue of statewide concern and not a municipal affair and that, therefore, all cities, including charter cities, would be subject to the provisions of the bill.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
  Vote Events:
08/31/2010 ASM. FLOOR (Y:75 N:0 A:4) (P)
08/18/2010 ASM. L. GOV. (Y:6 N:0 A:3) (P)
07/01/2009 ASM. APPR. (Y:15 N:0 A:2) (P)
06/17/2009 ASM. L. GOV. (Y:7 N:0 A:0) (P)
05/18/2009 SEN. FLOOR (Y:36 N:0 A:4) (P)
04/28/2009 SEN. T. & H. (Y:10 N:0 A:1) (P)
      Position         
      Watch         
  SB 886 (Florez D)  In-home supportive services providers: electronic timekeeping.
  Introduced: 1/19/2010
  Last Amend: 6/23/2010
  Status: 8/13/2010-Set, second hearing. Held in committee and under submission.
  Location: 8/12/2010-A. APPR.
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary: Existing law provides for the In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes. 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. Counties are responsible for administering the program. This bill would authorize a county human services department responsible for administering specified in-home services, at its option, to use electronic timekeeping, as defined, for purposes of verifying hours completed for in-home recipients, as defined. The bill would authorize a provider of the specified services to retain the option of using paper timesheets, as specified. This bill contains other related provisions and other existing laws.
  Digest:  Existing law provides for the In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes. 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. Counties are responsible for administering the program.
Existing law provides for the Medi-Cal program, administered by the State Department of Health Care Services, under which health care services are provided to qualified low-income persons, including specified in-home services. Under existing law, IHSS recipients who are eligible for the Medi-Cal program, are provided with personal care option services, as defined, in lieu of receiving these services under the IHSS program.
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 authorize a county human services department responsible for administering specified in-home services, at its option, to use electronic timekeeping, as defined, for purposes of verifying hours completed and ensuring quality home care for in-home recipients, as defined. The bill would authorize a provider of the specified services to retain the option of using paper timesheets, as specified.
This bill would authorize the State Department of Social Services to implement and administer the bill through all-county letters or similar instructions from the director, as specified. This bill would require electronic timekeeping procedures under the bill to comply with information and data requirements of the existing Case Management Information and Payroll System (CMIPS) or its successor system, when it is implemented. The bill would provide that, if any part of the bill conflicts with federal requirements prescribing conditions for the allocation of federal funds to the state, the conflicting part shall not be implemented, solely to the extent of the conflict.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
  Vote Events:
06/15/2010 ASM. HUM. S. (Y:4 N:1 A:1) (P)
04/22/2010 SEN. FLOOR (Y:28 N:1 A:11) (P)
03/23/2010 SEN. HUMAN S. (Y:4 N:0 A:1) (P)
  Attachments:
SB 886 - CAPA request for amendments
      Position         
      Amend         
  SB 891 (Liu D)  In-Home Supportive Services program: needs assessment.
  Introduced: 1/25/2010
  Last Amend: 5/18/2010
  Status: 6/4/2010-Failed Deadline pursuant to Rule 61(b)(11). (Last location was APPR. SUSPENSE FILE on 5/27/2010)
  Location: 6/4/2010-S. DEAD
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary: Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes . This bill would require the department and the State Department of Health Care Services to jointly convene a stakeholder review process, as specified, to obtain information and comments regarding imposition of a tax on payments received by in-home care providers , or entities that arrange for the provision of that care, and the potential for increased federal financial participation as a result of these tax revenues, and alternatives to the state's methodology for deriving a functional index score for IHSS consumers. This bill contains other related provisions and other existing laws.
  Digest:  Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons receive services enabling them to remain in their home. Existing law requires the State Department of Social Services to develop a uniform assessment tool to ensure that IHSS services are delivered in all counties in a uniform manner own homes .
Under existing law, personal care services provided to a qualified individual who is eligible for Medi-Cal benefits are a Medi-Cal covered benefit, under the Personal Care Services Program (PCSP).
Under existing law, the department is responsible for procuring and implementing a new Case Management Information and Payroll System (CMIPS) for the IHSS/PCSP program, including specified minimum requirements, to provide case management, payroll, and management information for the program.
Existing law requires the State Department of Social Services to develop a uniform assessment tool to ensure that IHSS services are delivered in all counties in a uniform manner. Existing law requires counties to use the needs assessment tool to evaluate a recipient's functioning in various activities, as prescribed, and to quantify the recipient's functioning using a five-point 5-point scale to rank each function. Under existing law, a recipient is assigned a functional index score, which is a weighted average based on the recipient's individual rankings, that is used in the assessment of IHSS services.
This bill would require the department and the State Department of Health Care Services to jointly convene a stakeholder review process, as specified, to obtain information and comments regarding imposition of a tax on payments received by IHSS in-home care providers , or entities that arrange for the provision of that care, and the potential for increased federal financial participation as a result of these tax revenues, and alternatives to the state's methodology for deriving a functional index score for IHSS consumers.
This bill would require the department and the State Department of Health Care Services to jointly report stakeholder recommendations to the Legislature no later than August 1, 2011, and to submit an implementation plan based on the stakeholder recommendations no later than November 1, 2011. This bill would require the department, in consultation with the State Department of Health Care Services, to obtain funding from private or public sources to finance the stakeholder review process and implementation plan. This bill would specify that no General Fund moneys shall be used for this purpose.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
  Vote Events:
05/24/2010 SEN. APPR. (Y:10 N:0 A:1) (P)
04/13/2010 SEN. HUMAN S. (Y:3 N:1 A:1) (P)
  Attachments:
SB 891 - author's fact sheet
      Position         
      Support in concept         
  SB 998 (Liu D)  Long-term care: assessment and planning.
  Introduced: 2/9/2010
  Last Amend: 4/20/2010
  Status: 6/4/2010-Failed Deadline pursuant to Rule 61(b)(11). (Last location was APPR. SUSPENSE FILE on 5/27/2010)
  Location: 6/4/2010-S. DEAD
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary: Existing law provides for the licensure of various health facilities, including general acute care hospitals, skilled nursing facilities, and intermediate care facilities, and congregate living health facilities by the State Department of Public Health. Certain of these facilities are included under the category of long-term health care facilities, as defined. A violation of these provisions is a crime. Existing law requires each hospital to have in effect a written discharge planning policy and process that requires appropriate arrangements for posthospital care and a process that requires that each patient be informed, orally or in writing, of the continuing care requirements following discharge from the hospital, as specified and additionally requires specific information to be provided to a patient anticipated to be in need of posthospital care. This bill would require a hospital that is required to provide , as part of its discharge policy, information to patients anticipated to need posthospital care , to provide the information both orally and in writing to the patient and, if necessary, to his or her representative, at the earliest possible opportunity prior to discharge. By changing the definition of an existing crime, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.
  Digest:  Existing law provides for the licensure of various health facilities, including general acute care hospitals, skilled nursing facilities, and intermediate care facilities, and congregate living health facilities by the State Department of Public Health. Certain of these facilities are included under the category of long-term health care facilities, as defined. A violation of these provisions is a crime. Existing law requires each hospital to have in effect a written discharge planning policy and process that requires appropriate arrangements for posthospital care and a process that requires that each patient be informed, orally or in writing, of the continuing care requirements following discharge from the hospital, as specified and additionally requires specific information to be provided to a patient anticipated to be in need of posthospital care.
This bill would require the a hospital that is required to provide the , as part of its discharge policy, information given to a patients anticipated to need posthospital care , to provide the information both orally and in writing to the patient and, if necessary, to his or her representative, at the earliest possible opportunity prior to discharge. By changing the definition of an existing crime, this bill would impose a state-mandated local program.
Existing law establishes the California Partnership for Long-Term Care Program and requires the State Department of Health Care Services to adopt regulations to administer the program.
This bill would require the State Department of Health Care Services to initiate a process to develop or identify, by no later than July 1, 2012, a tool for the uniform long-term care services assessment of individuals in order to assist eligible consumers in finding long-term care services of their choice, as specified. The department would be required to submit a report on the use of these assessments to the Legislature.
This bill would, among other things, if the director makes a specified certification, require a county to establish a long-term care case management program for specified persons. The bill would require the program to provide prescribed services, including assessment of care needed for persons in long-term health care facilities, as defined, to enable them to reside in the community and the services necessary to provide that case, and would require the county or its designees to assign care managers to each long-term health care facility within the county. After these facilities are notified of the appropriate case manager, each facility would be required to inform the case manager when a new patient or resident is admitted and may need specified assistance. By changing the definition of an existing crime, this bill would impose a state-mandated local program.
The bill also would require a long-term health care facility to display at least one poster, in an area accessible to residents, advertising the telephone number of the facility's designated case manager, thus changing the definition of an existing crime and imposing a state-mandated local program.
The bill would also require these persons, upon a discharge from a long-term health care facility, to be provided with prescribed services by the county, and would express intent pertaining to the funding of these services. Because the bill would impose various duties on each county, the bill would create a state-mandated local program.
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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
  Vote Events:
05/03/2010 SEN. APPR. (Y:10 N:0 A:1) (P)
04/14/2010 SEN. HEALTH (Y:6 N:3 A:0) (P)
  Attachments:
SB 998 - author's fact sheet
Senate Health Committee analysis - SB 998
SB 998 annotated: Major Provisions (prepared by author's staff)
SB 998 CFILC support letter
      Position         
      Support in concept         
  SB 1062 (Strickland R)  Public safety omnibus bill.
  Introduced: 2/16/2010
  Last Amend: 5/25/2010
  Status: 8/12/2010-In Senate. To enrollment.
  Location: 8/12/2010-S. ENROLLMENT
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary:  Existing law provides the circumstances in which a local or state government agency may procure the financial records of an individual in the course of a criminal or civil investigation and specifies certain instances where the dissemination of financial records may be required by an order by a judge. Under existing law, a court may order the production of relevant records in the possession of a real estate recordholder upon the ex parte application by a peace officer stating the records are relevant to an ongoing felony fraud investigation. This bill would state that the provisions of existing law regarding the procurement of financial records by the government do not prohibit the production of real estate documents upon the ex parte application of a peace officer during the course of the felony fraud investigation. This bill contains other related provisions and other existing laws.
  Digest:  (1) Existing law provides the circumstances in which a local or state government agency may procure the financial records of an individual in the course of a criminal or civil investigation and specifies certain instances where the dissemination of financial records may be required by an order by a judge. Under existing law, a court may order the production of relevant records in the possession of a real estate recordholder upon the ex parte application by a peace officer stating the records are relevant to an ongoing felony fraud investigation.
This bill would state that the provisions of existing law regarding the procurement of financial records by the government do not prohibit the production of real estate documents upon the ex parte application of a peace officer during the course of the felony fraud investigation.
(2) Existing law, the Trial Court Facilities Act of 2002, provides for the transfer of the responsibility of a county to provide necessary and suitable court facilities by authorizing the transfer of the responsibility from a county to the Judicial Council. The act, in order to facilitate the transfer of facilities, establishes the Transitional State Court Facilities Construction Fund in the State Treasury to finance the bonded indebtedness associated with certain court facilities transferred to the Judicial Council pursuant to the act.
This bill would repeal the provision establishing the Transitional State Court Facilities Construction Fund and would delete provisions of existing law providing for a reduction in court construction penalties for the amounts collected for transmission to that fund.
This bill would expand these lists of drug offenses.
(3) Existing law requires every person required to register as a sex offender to be subject to assessment by the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO). Existing law requires probation departments to do a SARATSO assessment on every eligible person for whom it prepares a probation report.
This bill would require probation departments to perform an assessment on eligible persons whether or not it prepares a probation report on that person, and would require that the assessment be done prior to the person's sentencing. By requiring additional SARATSO assessments by probation departments, this bill would impose a state-mandated local program.
(4) Existing law requires persons placed on probation to be under the supervision of a county probation officer. Existing law requires the probation department to compile a Facts of Offense Sheet, which includes the probationer's criminal history and the results of his or her SARATSO assessment, for every person who has been referred to the department who has been convicted of an offense that requires registration under the Sex Offender Registration Act. Existing law requires that the Facts of Offense Sheet be included in the probation officer's report and requires the probation officer to send a copy of the Facts of Offense Sheet to the Department of Justice Sex Offender Tracking Program. Existing law requires that the Facts of Offense Sheet be made part of the registered sex offender's file maintained by the Department of Justice Sex Offender Tracking Program.
This bill would delete the requirement that the probation officer send a copy of the Facts of Offense Sheet to the Department of Justice Sex Offender Tracking Program and instead require the probation officer to send the Facts of Offense Sheet to the Department of Justice High Risk Sex Offender Program.
(5) Under existing law, the pimping of, or the pandering of, a minor is a felony. Existing law imposes a higher triad of sentences if the minor is under 16 years of age than if the minor is over 16 years of age but does not specify the possible sentences if the minor is exactly 16 years of age.
This bill would clarify that if the minor victim is exactly 16 years of age or older, the lower triad of sentences applies.
(6) Existing law makes it a crime to possess a firearm if the person knows he or she is prohibited from doing so by the provisions of specified protective orders.
This bill would apply these provisions to a protective order sought by an officer of a postsecondary educational institution where a student has suffered a credible threat of violence.
(7) Two existing provisions of law both enact the California Community Corrections Performance Incentives Act. One of these provisions includes a victim representative on a local advisory panel created by the act.
This bill would repeal the version of the act that does not include the victim representative in its provisions.
(8) Existing law authorizes each county to establish a Community Corrections Performance Incentives Fund (CCPIF) and authorizes the state to annually allocate money into the State Corrections Performance Incentives Fund to be used for purposes relating to improving local probation supervision practices and capacities. Existing law requires the Director of Finance, in consultation with the Department of Corrections and Rehabilitation, the Joint Legislative Budget Committee, the Chief Probation Officers of California, and the Administrative Office of the Courts, to calculate the amount of money to be appropriated from the state fund into the CCPIF. Under existing law, the calculation is based on costs avoided by the Department of Corrections and Rehabilitation because of a reduction in the percentage of adult probationers sent to prison for probation failure. Under existing law, this calculation includes a statewide probation failure rate, calculated as the total number of adult felony probationers statewide sent to prison in the previous year as a percentage of the statewide adult felony population as of June 30 of the year that the calculation is being performed, and the probation failure rate for each county, calculated as the number of adult probationers sent to prison from each county in the previous year as a percentage of the county's adult felony probation population as of June 30 of the year that the calculation is being performed.
This bill would require that the statewide and county probation failure rates be calculated as the number of adult felony probationers sent to prison statewide, and by each county, in the previous year as a percentage of the statewide or county's average adult felony probation population for that year.
(9) Under existing law, the service of a subpoena by mail or messenger is effected if and when the recipient acknowledges receipt of the subpoena. Under existing law, acknowledgment may be made by telephone, mail, or in person.
This bill would include e-mail or an online form provided by the sender of the subpoena as an acceptable means of acknowledging the receipt of a subpoena for purposes of affecting service, and would require the sender of the subpoena to retain any acknowledgment received by these methods until the court date for which the subpoena was issued, or a later date if specified by the court.
(10) Existing law, subject to the availability of funds, establishes the Sexual Habitual Offender Program in the Department of Justice and requires that it evaluate the number of arrests and convictions of sex offenses and the length of sentences for repeat offenders. Existing law defines a "sexual habitual offender" for purposes of the act as a person who has been convicted of 2 or more violent offenses against a person involving force or violence which include at least one sex offense, or as a person who has committed a crime which requires registration under the Sex Offender Registration Act and who has additional felony or misdemeanor arrests on his or her criminal record, as specified.
This bill would recast the Sexual Habitual Offender Program as the High Risk Sex Offender Program. This bill would delete the requirement that the program evaluate the number of arrests and convictions of sex offenses and the length of sentences for repeat offenders and would instead require the program to receive Facts of Offenses Sheets and use the scores of sex offenders reported on the sheets for identifying, assessing, monitoring, and containing sex offenders at high risk of reoffending. This bill would delete the definition of a "sexual habitual offender" for purposes of the program and replace it with "high risk sex offender" and would define a high risk sex offender as any person who is required to register under the Sex Offender Registration Act and who has been assessed with a score equivalent to "high risk" on the SARATSO, or who has been identified as being at a high risk of reoffending by the Department of Justice based on the person's SARATSO score when considered in combination with unspecified empirically based risk factors.
(11) Existing law requires the Department of Justice to establish and maintain a comprehensive file of existing information maintained by law enforcement agencies, the Department of Corrections and Rehabilitation, the Department of Motor Vehicles, and the Department of Justice. Existing law allows the Department of Justice to request existing information from these agencies regarding sexual habitual offenders and requires these agencies, when requested, to provide copies of the information.
This bill would expand the requirement that the Department of Justice maintain files of existing information maintained by the above agencies to include the State Department of Mental Health and probation departments. This bill would require the State Department of Mental Health and probation departments, in addition to the agencies already subject to the requirement, to provide existing information to the Department of Justice upon request regarding high risk sex offenders. By requiring probation departments to submit existing information upon the request of the Department of Justice, this bill would impose a state-mandated local program.
(12) Under existing law, the Department of Justice is required to provide a summary profile of a sexual habitual offender to each law enforcement agency when an individual registers in, or moves to, the area in which the law enforcement agency is located.
This bill would delete this requirement and instead require the Department of Justice to provide a bulletin to law enforcement agencies on each high risk sex offender via the California Sex Offender Registry and the California Law Enforcement Web (CLEW).
(13) This bill would make various technical corrections.
(14) The bill would provide that any section of any act, other than SB 1330, enacted by the Legislature during the 2010 calendar year that takes effect on or before January 1, 2011, and that affects a provision of this act would prevail over this act.
(15) By imposing additional duties of local probation departments, this bill would impose a state-mandated local program.
(16) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
  Vote Events:
08/12/2010 ASM. FLOOR (Y:78 N:0 A:2) (P)
08/04/2010 ASM. APPR. (Y:17 N:0 A:0) (P)
06/29/2010 ASM. PUB. S. (Y:7 N:0 A:0) (P)
06/02/2010 SEN. FLOOR (Y:35 N:0 A:4) (P)
05/27/2010 SEN. APPR. (Y:10 N:0 A:1) (P)
05/24/2010 SEN. APPR. (Y:10 N:0 A:1) (P)
04/20/2010 SEN. PUB. S. (Y:7 N:0 A:0) (P)
      Position         
      Oppose         
  SB 1256 (Hancock D)  Ed Roberts Day.
  Introduced: 2/19/2010
  Last Amend: 6/23/2010
  Status: 7/19/2010-Chaptered by Secretary of State - Chapter 115, Statutes of 2010.
  Location: 7/20/2010-S. CHAPTERED
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary: Existing law requires the Governor to proclaim certain days each year for specified reasons. Existing law also designates particular days each year as having special significance in public schools and educational institutions and encourages those entities to conduct suitable commemorative exercises on those dates. This bill would repeal and recast these provisions. This bill contains other related provisions.
  Digest:  Existing law requires the Governor to proclaim certain days each year for specified reasons. Existing law also designates particular days each year as having special significance in public schools and educational institutions and encourages those entities to conduct suitable commemorative exercises on those dates.
This bill would repeal and recast these provisions.
This bill would require the Governor to proclaim January 23 of each year as Ed Roberts Day, would designate that date as having special significance in public schools and educational institutions, and would encourage those entities to conduct suitable commemorative exercises on that date.
  Vote Events:
07/01/2010 SEN. FLOOR (Y:34 N:0 A:6) (P)
06/28/2010 ASM. FLOOR (Y:73 N:0 A:7) (P)
06/16/2010 ASM. ED. (Y:8 N:0 A:1) (P)
05/03/2010 SEN. FLOOR (Y:34 N:0 A:5) (P)
03/24/2010 SEN. ED. (Y:8 N:0 A:1) (P)
  Attachments:
SB 1256 - CAPA support letter: Assembly Education Committee
      Position         
      Support         
  SB 1330 (Committee on Judiciary)  Maintenance of the codes.
  Introduced: 2/19/2010
  Last Amend: 8/9/2010
  Status: 8/19/2010-Senate concurs in Assembly amendments. (Ayes 34. Noes 0. Page 4660.) To enrollment.
  Location: 8/19/2010-S. ENROLLMENT
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary: Existing law directs the Legislative Counsel to advise the Legislature from time to time as to legislation necessary to maintain the codes. This bill would make nonsubstantive changes in various provisions of law to effectuate the recommendations made by the Legislative Counsel to the Legislature.
  Digest:  Existing law directs the Legislative Counsel to advise the Legislature from time to time as to legislation necessary to maintain the codes.
This bill would make nonsubstantive changes in various provisions of law to effectuate the recommendations made by the Legislative Counsel to the Legislature.
  Vote Events:
08/19/2010 SEN. FLOOR (Y:34 N:0 A:5) (P)
08/16/2010 ASM. FLOOR (Y:75 N:0 A:5) (P)
06/15/2010 ASM. JUD. (Y:10 N:0 A:0) (P)
04/15/2010 SEN. FLOOR (Y:36 N:0 A:4) (P)
03/23/2010 SEN. JUD. (Y:5 N:0 A:0) (P)
      Position         
      Watch         
  SB 1390 (Corbett D)  Prescription drug labels.
  Introduced: 2/19/2010
  Last Amend: 6/15/2010
  Status: 8/13/2010-Failed Deadline pursuant to Rule 61(b)(14). (Last location was B. & P. on 6/29/2010)
  Location: 8/13/2010-A. DEAD
 
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House
  Summary: Existing law, the Pharmacy Law, provides for the licensure and regulation of the practice of pharmacy by the California State Board of Pharmacy. Existing law requires the board to promulgate regulations that require, on or before January 1, 2011, a standardized, patient-centered, prescription drug label on all prescription medication dispensed to patients in California. A knowing violation of the Pharmacy Law is a crime. This bill would repeal that provision and would instead, on and after January 1, 2012, require prescription drug labels on all prescription drugs dispensed to patients in California to conform to a specified standardized, patient-centered format including that certain elements of the label be printed in a specified typeface and that, when applicable, directions for use utilize certain phrases and be translated into non-English languages, as specified. The bill would exempt from these requirements certain prescription drugs dispensed to patients in a health facility, as defined. This bill contains other related provisions and other existing laws.
  Digest:  Existing law, the Pharmacy Law, provides for the licensure and regulation of the practice of pharmacy by the California State Board of Pharmacy. Existing law requires the board to promulgate regulations that require, on or before January 1, 2011, a standardized, patient-centered, prescription drug label on all prescription medication dispensed to patients in California. A knowing violation of the Pharmacy Law is a crime.
This bill would authorize the board to exempt from these regulatory requirements certain prescriptions dispensed to patients in a health facility, as defined. repeal that provision and would instead, on and after January 1, 2012, require prescription drug labels on all prescription drugs dispensed to patients in California to conform to a specified standardized, patient-centered format including that certain elements of the label be printed in a specified typeface and that, when applicable, directions for use utilize certain phrases and be translated into non-English languages, as specified. The bill would exempt from these requirements certain prescription drugs dispensed to patients in a health facility, as defined.
The bill would require the board, by January 1, 2012, to develop, collect, and publish on its Internet Web site (1) translations of the directions for use into certain languages and (2) examples of labels meeting the standardized, patient-centered format requirements.

The bill would require a pharmacy, by January 1, 2012, during its hours of operation, to provide interpreter services, as specified, to non-English-speaking patients at no charge to help the patient understand the information on his or her prescription drug label. The bill would also, by January 1, 2013, require a pharmacy to provide these non-English patients with any other written information relevant to the prescription drug in the patient's language. The bill would require these pharmacies to develop written policies and procedures by certain specified dates in order to carry out these requirements.

Because a knowing violation of these requirements would be a crime, the bill would impose a state-mandated local program.

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: no yes .
  Vote Events:
06/29/2010 ASM. B.,P. & C.P. (Y:2 N:7 A:2) (F)
06/22/2010 ASM. HEALTH (Y:10 N:6 A:3) (P)
05/24/2010 SEN. FLOOR (Y:32 N:0 A:7) (P)
04/19/2010 SEN. B.,P. & E.D. (Y:7 N:0 A:2) (P)
04/14/2010 SEN. HEALTH (Y:9 N:0 A:0) (P)
      Position         
      Watch         
  SJR 35 (Corbett D)  
  Introduced: 6/30/2010
  Status: 8/31/2010-In Senate. To enrollment.
  Location: 8/31/2010-S. ENROLLMENT
 
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  Summary: This measure would commemorate the 20th anniversary of the federal Americans with Disabilities Act of 1990, encourage all Californians to recognize and celebrate the important historical significance of the act, and reaffirm the Legislature's commitment to, and urge Congress to reaffirm its commitment to, the civil and constitutional rights of Americans with disabilities.
  Digest:  This measure would commemorate the 20th anniversary of the federal Americans with Disabilities Act of 1990, encourage all Californians to recognize and celebrate the important historical significance of the act, and reaffirm the Legislature's commitment to, and urge Congress to reaffirm its commitment to, the civil and constitutional rights of Americans with disabilities.
  Vote Events:
08/30/2010 ASM. FLOOR (Y:78 N:0 A:1) (P)
08/26/2010 ASM. RLS. (Y:9 N:0 A:2) (P)
08/09/2010 SEN. FLOOR (Y:33 N:0 A:6) (P)
  Attachments:
SJR 35 - Senate floor alert
SJR 35 - Assembly Rules letter
      Position         
      Co-Sponsor         

Total Measures: 37

Total Tracking Forms: 37



9/3/2010 2:13:09 AM