BILL NUMBER: SB 69 AMENDED
AMENDED IN ASSEMBLY NOVEMBER 2, 2009
INTRODUCED BY Committee on Budget and Fiscal Review
( Principal coauthors:
Assembly Members Evans and Bass )
( Coauthors: Assembly Members
Beall, Bradford, Brownley,
Carter, Chesbro, Davis, De La Torre,
De Leon, Eng, Fong,
Fuentes, Galgiani, Hill, Huffman,
Jones, Krekorian, Lieu,
Bonnie Lowenthal, Monning, Nava,
John A. Perez, V. Manuel Perez, Portantino,
Salas, Saldana, Skinner,
Solorio, Swanson, Torres, Torrico,
and Yamada )
JANUARY 20, 2009
relating to the Budget Act of 2009
to add Section 12300.3 to the Welfare and Institutions Code, relating
to public social services, and declaring the urgency thereof, to
take effect immediately .
LEGISLATIVE COUNSEL'S DIGEST
SB 69, as amended, Committee on Budget and Fiscal Review.
Budget Act of 2009. In-home supportive services:
program changes: implementation.
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 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
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. 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.
Existing law, enacted in 2009, makes various statutory changes
with respect to the provision of in-home supportive services,
relating to matters, including, but not limited to, provider
enrollment procedures, criminal background checks, orientation, and
duties, as well as eligibility standards for recipients, unannounced
home visits, and program integrity and fraud prevention.
This bill would make the operation of the statutory changes
described above subject to a stakeholder process, to be conducted, as
specified, by the State Department of Social Services, prior to the
implementation of those changes. The bill would require
implementation of any of the statutory changes described in the bill
to occur either on the date specified in an applicable statute, or 60
days after the department notifies the Joint Legislative Budget
Committee that the changes may be implemented, whichever is later.
This bill would prohibit information notices relating to the
implementation of these statutory changes from being sent to
recipients or providers until the stakeholder process is completed.
This bill would declare that it is to take effect immediately as
an urgency statute.
This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2009.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12300.3 is added to the
Welfare and Institutions Code , to read:
12300.3. (a) (1) The department shall convene a stakeholder group
to review and propose guidelines for the appropriate and efficient
implementation of changes to statutory law with respect to the
administration of this chapter, as provided in the amendments to
Section 12305.81 of the Welfare and Institutions Code made by the
enactment of Assembly Bill 4 of the 2009-10 Fourth Extraordinary
Session (Chapter 4 of the 2009-10 Fourth Extraordinary Session), and
as provided in the amendments to Sections 12301.6 and 12305.71 of,
and the addition of Sections 12301.24, 12301.25, 12305.85, and
12305.86 to, the Welfare and Institutions Code made by the enactment
of Assembly Bill 19 of the 2009-10 Fourth Extraordinary Session
(Chapter 17 of the 2009-10 Fourth Extraordinary Session).
Notwithstanding any other provision of law, the statutory changes
identified in this subdivision are inoperative until the stakeholder
process has been completed. Those changes shall become operative and
shall be implemented in accordance with subdivision (c).
(2) The department, as it deems appropriate, may conduct a series
of stakeholder meetings pursuant to this subdivision, to address the
implementation of one or more of the sections identified in paragraph
(1). If the department conducts a series of stakeholder meetings
pursuant to this paragraph, the department shall provide the Joint
Legislative Budget Committee with separate notification of the
completion of each of those meetings.
(3) Notwithstanding paragraph (1), the stakeholder process shall
not address the implementation of any section that is identified in
paragraph (1) the implementation of which has been suspended or
prohibited pursuant to a court order.
(b) Stakeholders shall include, but shall not be limited to,
representatives of the County Welfare Directors Association,
legislative staff, and In-Home Supportive Services program recipients
(c) Subsequent to the stakeholder process, the department shall
notify the Joint Legislative Budget Committee that the changes
identified in subdivision (a) may be implemented. Statutory changes
described in subdivision (a) shall become operative and shall be
implemented commencing on either the date specified in the applicable
statute, or on the date 60 days after the department notifies the
committee that the changes may be implemented, whichever is later.
The notice shall inform the committee of the completion of the
stakeholder process and shall be provided at the same time as, or
following the release by the department of, a finalized all-county
letter or similar instructions, forms, notices of action, allocation
of funds appropriated for this purpose, and other necessary
(d) Information notices to program recipients or providers
relating to the implementation of the statutory changes described in
subdivision (a) shall be sent only after the stakeholder process
required by this section is completed.
(e) The laws and regulations relating to administration of this
article in effect immediately prior to the enactment of Assembly Bill
4 and Assembly Bill 19 of the 2009-10 Fourth Extraordinary Session
shall be in effect and shall be operative until the statutory changes
described in subdivision (a) are implemented in accordance with this
(f) The stakeholder process described in subdivision (a) and the
notice to the Joint Legislative Budget Committee described in
subdivision (c) shall be completed on or before February 1, 2010.
SEC. 2. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to timely ensure that in-home supportive services are
provided in an appropriate manner that is responsive to the needs of
all stakeholders, it is necessary for this act to take effect
SECTION 1. It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2009.