Bill Text: CA AB211 | 2017-2018 | Regular Session | Amended

California Assembly Bill 211 (Prior Session Legislation)

Bill Title: Department of Motor Vehicles: Modernizing Government Technology Act of 2018.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2018-08-24 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS. [AB211 Detail]

Download: California-2017-AB211-Amended.html

Amended IN Senate August 24, 2018

Amended IN Senate August 23, 2017

Amended IN Senate August 21, 2017

Amended IN Senate July 19, 2017

Amended IN Senate June 14, 2017

Amended IN Assembly March 14, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 211

Introduced by Assembly Member Waldron

January 23, 2017

An act to ~~amend Sections 1225 and 1275.3 of the Health and Safety Code, relating to health and care facilities, and declaring the urgency thereof, to take effect immediately.~~ add Section 1686 to the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL'S DIGEST

AB 211, as amended, Waldron. ~~Health and care facilities.~~ Department of Motor Vehicles: Modernizing Government Technology Act of 2018.

Existing law authorizes the Department of Motor Vehicles to establish contracts for electronic programs that allow qualified private industry partners to join the department in providing services that include processing and payment programs for vehicle registration and titling transactions, and services related to reporting vehicle sales and producing temporary license plates, as specified. Existing law generally requires state agencies, as defined, as required by the Director of Technology, to cooperate with the Department of Technology in the development of an annual information technology strategic plan that guides the acquisition, management, and use of information technology.
This bill would enact the Modernizing Government Technology Act of 2018, which would require the department to, on or before January 1, 2020, in consultation with the Department of Technology, establish modernization goals that will achieve specified objectives. The bill would require those goals to include, but not be limited to, goals for the modernization of the department’s information technology system and for usage of technologies that will improve the efficiency of the department. The bill would require the department, upon establishing those goals, to create an implementation and cost assessment plan for achieving them, and, on or before January 1, 2020, post that plan on the department’s Internet Web site and provide the plan to the Legislature.
Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, the licensure and regulation of primary care clinics and specialty clinics. A violation of these provisions is a crime.
Existing law, until the department adopts regulations relating to the provision of services by a chronic dialysis clinic, a surgical clinic, or a rehabilitation clinic, requires those clinics to comply with prescribed federal certification standards in effect immediately preceding January 1, 2013. These provisions become inoperative and would be repealed on January 1, 2018.
This bill would instead make those provisions inoperative and repealed on January 1, 2019. By extending the duration of a crime, the bill would impose a state-mandated local program. The bill would also delete obsolete provisions and make conforming changes.
Existing law requires the State Department of Public Health and the State Department of Developmental Services to jointly develop and implement licensing regulations appropriate for an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing. Existing law, until the departments adopt those regulations, requires that the facilities comply with applicable federal certification standards for intermediate care facilities for individuals with intellectual disabilities in effect immediately preceding January 1, 2013. These provisions would become inoperative and would be repealed on January 1, 2018.
This bill would instead make those provisions inoperative and repealed on January 1, 2020. By extending the duration of a crime, this bill would impose a state-mandated local crime. The bill would also make conforming changes.
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.~~
~~This bill would declare that it is to take effect immediately as an urgency statute.~~

Vote: ~~TWO_THIRDS~~MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: ~~YES~~NO

The people of the State of California do enact as follows:

SECTION 1.

Section 1686 is added to the Vehicle Code, to read:

1686.
(a) This section shall be known, and may be cited, as the Modernizing Government Technology Act of 2018.
(b) The Legislature finds and declares the following:
(1) Technology is constantly advancing and changing the ways in which the working world operates.
(2) In most organizations, it is necessary to have the latest technologies to achieve the level of productivity required to meet the demands of a modern, fast-paced working environment.
(3) California’s state government has fallen behind on the incorporation of technology into its daily operations and cannot take advantage of the many benefits that derive from modernization of the workplace.
(c) The objectives of this section are as follows:
(1) To create a flexible, family friendly workplace.
(2) To establish efficient and streamlined processes.
(3) To achieve cost savings.
(4) To reduce carbon emissions.
(5) To enhance the transparency of public information.
(6) To increase cybersecurity.
(7) To encourage the use of cloud computing and other innovative platforms and technologies.
(d) Not later than January 1, 2020, the department shall, in consultation with the Department of Technology, establish modernization goals that will achieve one or more of the objectives set forth in subdivision (c), including, but not limited to, goals for the following:
(1) Modernization of the department’s information technology system.
(2) Usage of technologies that will improve the efficiency of the department.
(e) Upon establishment of modernization goals pursuant to subdivision (d), the department shall create an implementation and cost assessment plan for achieving those goals. On or before January 1, 2020, the department shall provide the implementation and cost assessment plan to the Legislature and post that implementation and cost assessment plan on the department’s Internet Web site.

SECTION 1.Section 1225 of the Health and Safety Code, as amended by Section 1 of Chapter 722 of the Statutes of 2013, is amended to read:
1225.
(a)The department shall adopt, and may from time to time amend or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, reasonable rules and regulations as may be necessary or proper to carry out the purposes and intent of this chapter and to enable the department to exercise the powers and perform the duties conferred upon it by this chapter, not inconsistent with any of the provisions of any statute of this state.
~~(b)The rules and regulations for primary care clinics shall be separate and distinct from the rules and regulations for specialty clinics.~~
(c)All regulations relating to licensed clinics in effect on December 31, 1977, that were adopted by the department, shall remain in full force and effect until altered, amended, or repealed by the director.
(d)Until the department adopts regulations relating to the provision of services by a chronic dialysis clinic, a surgical clinic, or a rehabilitation clinic, the following clinics licensed or seeking licensure shall comply with the following federal certification standards in effect immediately preceding January 1, 2013:
(1)A chronic dialysis clinic shall comply with federal certification standards for an end stage renal disease clinic, as specified in Sections 494.1 to 494.180, inclusive, of Title 42 of the Code of Federal Regulations.
(2)A surgical clinic, as defined in subdivision (b) of Section 1204, shall comply with federal certification standards for an ambulatory surgical clinic, as specified in Sections 416.1 to 416.52, inclusive, of Title 42 of the Code of Federal Regulations.
(3)A rehabilitation clinic shall comply with federal certification standards for a comprehensive outpatient rehabilitation facility, as specified in Sections 485.50 to 485.74, inclusive, of Title 42 of the Code of Federal Regulations.
(e)This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
SEC. 2.Section 1225 of the Health and Safety Code, as added by Section 2 of Chapter 722 of the Statutes of 2013, is amended to read:
1225.
(a)The department shall adopt, and may from time to time amend or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, such reasonable rules and regulations as may be necessary or proper to carry out the purposes and intent of this chapter and to enable the department to exercise the powers and perform the duties conferred upon it by this chapter, not inconsistent with any of the provisions of any statute of this state. The rules and regulations for primary care clinics shall be separate and distinct from the rules and regulations for specialty clinics.
(b)All regulations relating to licensed clinics in effect on December 31, 1977, which were adopted by the department, shall remain in full force and effect until altered, amended, or repealed by the director.
~~(c)This section shall become operative on January 1, 2019.~~
SEC. 3.Section 1275.3 of the Health and Safety Code, as amended by Section 81 of Chapter 71 of the Statutes of 2014, is amended to read:
1275.3.
(a)The State Department of Public Health and the State Department of Developmental Services shall jointly develop and implement licensing regulations appropriate for an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing.
(b)The regulations adopted pursuant to subdivision (a) shall ensure that residents of an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing receive appropriate medical and nursing services, and developmental program services in a normalized, least restrictive physical and programmatic environment appropriate to individual resident need.
~~In addition, the regulations shall do all of the following:~~
(1)Include provisions for the completion of a clinical and developmental assessment of placement needs, including medical and other needs, and the degree to which they are being met, of clients placed in an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing and for the monitoring of these needs at regular intervals.
~~(2)Provide for maximum utilization of generic community resources by clients residing in a facility.~~
~~(3)Require the State Department of Developmental Services to review and approve an applicant’s facility program plan as a prerequisite to the licensing and certification process.~~
(4)Require that the physician providing the certification that placement in the intermediate care facility/developmentally disabled-nursing or intermediate care facility/developmentally disabled-continuous nursing is needed, consult with the physician who is the physician of record at the time the person’s proposed placement is being considered by the interdisciplinary team.
(c)Until the departments adopt regulations pursuant to this section relating to services by an intermediate care facility/developmentally disabled-nursing, the licensed intermediate care facilities/developmentally disabled-nursing shall comply with federal certification standards for intermediate care facilities for individuals with intellectual disabilities, as specified in Sections 483.400 to 483.480, inclusive, of Title 42 of the Code of Federal Regulations, in effect immediately preceding January 1, 2013.
(d)This section shall not supersede the authority of the State Fire Marshal pursuant to Sections 13113, 13113.5, 13143, and 13143.6 to the extent that these sections are applicable to community care facilities.
(e)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SEC. 4.Section 1275.3 of the Health and Safety Code, as amended by Section 82 of Chapter 71 of the Statutes of 2014, is amended to read:
1275.3.
(a)The State Department of Public Health and the State Department of Developmental Services shall jointly develop and implement licensing regulations appropriate for an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing.
(b)The regulations adopted pursuant to subdivision (a) shall ensure that residents of an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing receive appropriate medical and nursing services, and developmental program services in a normalized, least restrictive physical and programmatic environment appropriate to individual resident need.
~~In addition, the regulations shall do all of the following:~~
(1)Include provisions for the completion of a clinical and developmental assessment of placement needs, including medical and other needs, and the degree to which they are being met, of clients placed in an intermediate care facility/developmentally disabled-nursing and an intermediate care facility/developmentally disabled-continuous nursing and for the monitoring of these needs at regular intervals.
~~(2)Provide for maximum utilization of generic community resources by clients residing in a facility.~~
~~(3)Require the State Department of Developmental Services to review and approve an applicant’s program plan as part of the licensing and certification process.~~
(4)Require that the physician providing the certification that placement in the intermediate care facility/developmentally disabled-nursing or intermediate care facility/developmentally disabled-continuous nursing is needed, consult with the physician who is the physician of record at the time the person’s proposed placement is being considered by the interdisciplinary team.
~~(c)Regulations developed pursuant to this section shall include licensing fee schedules appropriate to facilities which will encourage their development.~~
(d)This section shall not supersede the authority of the State Fire Marshal pursuant to Sections 13113, 13113.5, 13143, and 13143.6 to the extent that these sections are applicable to community care facilities.
~~(e)This section shall become operative on January 1, 2020.~~
SEC. 5.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SEC. 6.
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 California Constitution and shall go into immediate effect. The facts constituting the necessity are:
~~To ensure continuity of care in specialty clinics and continued compliance with federal certification standards, it is necessary for this measure to take effect immediately.~~