Bill Text: CA SB525 | 2009-2010 | Regular Session | Amended

California Senate Bill 525 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Correctional facilities: wireless communication devices.

Spectrum: Bipartisan Bill

Status: (Vetoed) 2010-09-29 - In Senate. To unfinished business. (Veto) [SB525 Detail]

Download: California-2009-SB525-Amended.html

BILL NUMBER: SB 525	AMENDED
	BILL TEXT

	AMENDED IN SENATE  DECEMBER 16, 2009

INTRODUCED BY   Senator Padilla

                        FEBRUARY 27, 2009

    An act to amend Sections 1343 and 1344 of the Health and
Safety Code, relating to health care service plans.   An
act to add Section 4576 to the Penal Code, relating to correctional
facilities. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 525, as amended, Padilla.  Department of Managed Health
Care: rulemaking.   Correctional facilities: wireless
communication devices.  
   Existing law establishes various offenses relating to the
unauthorized provision of specified items to persons confined in
local and state correctional facilities.  
   This bill would provide, subject to exceptions, that any person
who possesses with the intent to deliver, or delivers, to an inmate
or ward in the custody of the Department of Corrections and
Rehabilitation any cellular telephone or other wireless communication
device or any component thereof, including, but not limited to, a
subscriber identity module (SIM card) or memory storage device, is
guilty of a misdemeanor, punishable by a fine not exceeding $5,000
for each device. The bill would also provide that if a person
visiting an inmate or ward in the custody of the department is found
to be in possession of a cellular telephone or other wireless
communication device or any component thereof, including, but not
limited to, a SIM card or memory storage device, when searched or
subjected to a metal detector, as specified, that cellular telephone
or wireless communication device or component shall be subject to
confiscation. The bill would require posted notices regarding those
search and confiscation provisions, as specified.  
   By creating a new crime, 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.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   Existing law, the Knox-Keene Health Care Service Plan Act of 1975,
provides for the licensure and regulation of health care service
plans by the Director of the Department of Managed Health Care.
Existing law authorizes the director, by the adoption of rules or the
issuance of orders, to exempt from the act any class of persons or
plan contracts if the director finds the action to be in the public
interest and not detrimental to the protection of subscribers,
enrollees, or persons regulated under the act, as specified. Existing
law also authorizes the director to waive any requirement of any
rule or form in situations where that requirement is not necessary in
the public interest or for the protection of the public,
subscribers, enrollees, or persons or plans subject to the act.
 
   This bill would subject the making of those exemptions and waivers
to the administrative rulemaking provisions of the Administrative
Procedure Act. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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

   SECTION 1.    Section 4576 is added to the  
Penal Code   , to read:  
   4576.  (a) Except as otherwise authorized by law, or when
authorized by the person in charge of the prison or other institution
under the jurisdiction of the Department of Corrections and
Rehabilitation or by an officer of the institution empowered to give
that authorization, and except as provided in subdivision (b), any
person who possesses with the intent to deliver, or delivers, to an
inmate or ward in the custody of the department any cellular
telephone or other wireless communication device or any component
thereof, including, but not limited to, a subscriber identity module
(SIM card) or memory storage device, is guilty of a misdemeanor,
punishable by a fine not to exceed five thousand dollars ($5,000),
for each device.
   (b) If a person visiting an inmate or ward in the custody of the
department, upon being searched or subjected to a metal detector, is
found to be in possession of a cellular telephone or other wireless
communication device or any component thereof, including, but not
limited to, a SIM card or memory storage device, that device or
component shall be subject to confiscation. Notice of this provision
shall be posted in all areas where visitors are searched prior to
visitation with an inmate or ward in the custody of the department.

   SEC. 2.    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.  
  SECTION 1.    Section 1343 of the Health and
Safety Code is amended to read:
   1343.  (a) This chapter shall apply to health care service plans
and specialized health care service plan contracts as defined in
subdivisions (f) and (o) of Section 1345.
   (b) The director may by the adoption of rules or the issuance of
orders deemed necessary and appropriate in accordance with Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code, either unconditionally or upon specified
terms and conditions or for specified periods, exempt from this
chapter any class of persons or plan contracts if the director finds
the action to be in the public interest and not detrimental to the
protection of subscribers, enrollees, or persons regulated under this
chapter, and that the regulation of the persons or plan contracts is
not essential to the purposes of this chapter.
   (c) The director, upon request of the Director of Health Care
Services, shall exempt from this chapter any county-operated pilot
program contracting with the State Department of Health Care Services
pursuant to Article 7 (commencing with Section 14490) of Chapter 8
of Part 3 of Division 9 of the Welfare and Institutions Code. The
director may exempt noncounty-operated pilot programs upon request of
the Director of Health Care Services. Those exemptions may be
subject to conditions the Director of Health Care Services deems
appropriate.
   (d) Upon the request of the Director of Mental Health, the
director may exempt from this chapter any mental health plan
contractor or any capitated rate contract under Part 2.5 (commencing
with Section 5775) of Division 5 of the Welfare and Institutions
Code. Those exemptions may be subject to conditions the Director of
Mental Health deems appropriate.
   (e) This chapter shall not apply to:
   (1) A person organized and operating pursuant to a certificate
issued by the Insurance Commissioner unless the entity is directly
providing the health care service through those entity-owned or
contracting health facilities and providers, in which case this
chapter shall apply to the insurer's plan and to the insurer.
   (2) A plan directly operated by a bona fide public or private
institution of higher learning which directly provides health care
services only to its students, faculty, staff, administration, and
their respective dependents.
   (3) A person who does all of the following:
   (A) Promises to provide care for life or for more than one year in
return for a transfer of consideration from, or on behalf of, a
person 60 years of age or older.
   (B) Has obtained a written license pursuant to Chapter 2
(commencing with Section 1250) or Chapter 3.2 (commencing with
Section 1569).
   (C) Has obtained a certificate of authority from the State
Department of Social Services.
   (4) The Major Risk Medical Insurance Board when engaging in
activities under Chapter 8 (commencing with Section 10700) of Part 2
of Division 2 of the Insurance Code, Part 6.3 (commencing with
Section 12695) of Division 2 of the Insurance Code, and Part 6.5
(commencing with Section 12700) of Division 2 of the Insurance Code.
   (5) The California Small Group Reinsurance Fund. 

  SEC. 2.    Section 1344 of the Health and Safety
Code is amended to read:
   1344.  (a) The director may from time to time adopt, amend, and
rescind any rules, forms, and orders as are necessary to carry out
the provisions of this chapter, including rules governing
applications and reports, and defining any terms, whether or not used
in this chapter, insofar as the definitions are not inconsistent
with the provisions of this chapter. For the purpose of rules and
forms, the director may classify persons and matters within the
director's jurisdiction, and may prescribe different requirements for
different classes. The director may, in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, waive any requirement of any rule or form in
situations where in the director's discretion the requirement is not
necessary in the public interest or for the protection of the public,
subscribers, enrollees, or persons or plans subject to this chapter.
The director may adopt rules consistent with federal regulations and
statutes to regulate health care coverage supplementing Medicare.
   (b) The director may honor requests from interested parties for
interpretive opinions.
   (c) No provision of this chapter imposing any liability applies to
any act done or omitted in good faith in conformity with any rule,
form, order, or written interpretive opinion of the director or of
the Attorney General, notwithstanding that the rule, form, order, or
written interpretive opinion may later be amended or rescinded or be
determined by judicial or other authority to be invalid for any
reason.