Bill Text: CA SB683 | 2019-2020 | Regular Session | Amended

California Senate Bill 683 (Prior Session Legislation)

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

Bill Title: Developmental services: regional centers.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2019-08-30 - August 30 hearing: Held in committee and under submission. [SB683 Detail]

Download: California-2019-SB683-Amended.html

Amended IN Senate April 25, 2019

Amended IN Senate April 01, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 683

Introduced by Senator Grove

February 22, 2019

An act ~~to amend Section 6252 of the Government Code, and~~ to add Sections ~~4519.3, 4519.4, and 4639.76~~ 4519.3 and 4519.4 to the Welfare and Institutions Code, relating to developmental services.

LEGISLATIVE COUNSEL'S DIGEST

SB 683, as amended, Grove. Developmental services: regional centers.

~~(1)Existing~~

Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with private nonprofit corporations for the establishment of regional centers to provide services and supports to individuals with developmental disabilities and their families.

This bill would require the department and each regional center to create the means for the submission to the department and the regional center of allegations of improper regional center activity, as defined. The bill would require the department or the regional center, upon receiving an allegation of improper regional center activity to conduct an investigation of the matter. The bill would prohibit a regional center from retaliating in any way against a person or a family member of a person who, based on a reasonable belief that improper activity occurred, submits an allegation of improper regional center activity.
~~(2)Existing~~

Existing law requires the department and regional centers to annually collaborate to compile specified data relating to purchase of service authorization, utilization, and expenditure in a uniform manner. Existing law requires each regional center to post the data specific to that regional center on its internet website.

This bill would require regional centers, on or before January 1, 2021, to provide quantitative data that is available to the public in a machine readable format upon request. The bill would require the department, in collaboration with regional centers and other relevant stakeholders, to determine the appropriate machine readable format to be used by regional centers in implementing this provision.

The bill would require the department to determine an appropriate standardized internet website format and to provide those requirements to the regional centers on or before June 30, 2020. The bill would require regional center internet websites, on or before January 1, 2021, to conform that standardized format developed by the department.

(3)The California Public Records Act provides that public records of a state or local agency are open to inspection at all times during the office hours of the state or local agency and that every person has a right to inspect any public record, except as provided in the act. The act defines state agency to mean every state office, officer, department, division, bureau, board, and commission or other state body or agency, except as provided.
~~This bill would additionally include within the definition of state agency, a regional center that contracts with the State Department of Developmental Services.~~

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

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

SECTION 1.Section 6252 of the Government Code is amended to read:
6252.
~~As used in this chapter:~~
(a)“Local agency” includes a county; city, whether general law or chartered; city and county; school district; municipal corporation; district; political subdivision; or any board, commission or agency thereof; other local public agency; or entities that are legislative bodies of a local agency pursuant to subdivisions (c) and (d) of Section 54952.
(b)“Member of the public” means any person, except a member, agent, officer, or employee of a federal, state, or local agency acting within the scope of their membership, agency, office, or employment.
~~(c)“Person” includes any natural person, corporation, partnership, limited liability company, firm, or association.~~
~~(d)“Public agency” means any state or local agency.~~
(e)“Public records” includes any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. “Public records” in the custody of, or maintained by, the Governor’s office means any writing prepared on or after January 6, 1975.
(f)(1)“State agency” means every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.
~~(2)Notwithstanding paragraph (1) or any other law, “state agency” shall also mean the State Bar of California, as described in Section 6001 of the Business and Professions Code.~~
(3)“State agency” shall also include a regional center that contracts with the State Department of Developmental Services pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).
(g)“Writing” means any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by email or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored.

SEC. 2.SECTION 1.

Section 4519.3 is added to the Welfare and Institutions Code, to read:

4519.3.

(a) On or before January 1, 2021, a regional center shall provide any quantitative data that is available to the public in a machine-readable format upon request.

(b) The department, in collaboration with regional centers and other relevant stakeholders, shall determine the appropriate machine-readable format to be used by regional centers in implementing this section.

SEC. 3.SEC. 2.

Section 4519.4 is added to the Welfare and Institutions Code, to read:

4519.4.

(a) On or before January 1, 2021, the internet websites of all regional centers shall conform to the standardized format developed by the department pursuant to subdivision (b).

(b) (1) The department shall determine an appropriate standardized internet website format to be used by regional centers and provide those requirements to the regional centers on or before June 30, 2020.

(2) In determining the standardized internet website format to be used by regional centers pursuant to this subdivision, the department shall solicit stakeholder input and hold at least one public hearing to allow stakeholders and other interested parties to provide input in person.

(3) Upon completion, the department shall make the completed standardized internet website format requirements for regional centers available on the department’s internet website.

SEC. 4.Section 4639.76 is added to the Welfare and Institutions Code, to read:
4639.76.
(a)For purposes of this section, “improper regional center activity” means an activity by a regional center or an employee, officer, or board member of a regional center, in the conduct of regional center business, that is a violation of a state or federal law or regulation, a violation of contract provisions, fraud or fiscal malfeasance, misuse of government property, or that constitutes gross misconduct, incompetency, or inefficiency.
(b)The department and each regional center shall create the means for the submission of allegations of improper regional center activity both by delivery to a specified mailing address and by electronic submission through the department’s and the regional center’s internet website.
(c)The department and the regional center may request that a person submitting an allegation provide the person’s name and contact information and provide the names and contact information for any persons who could help to substantiate the claim. However, the department and the regional center shall not require any person submitting an allegation to provide the person’s name or contact information and shall clearly state on the department’s and the regional center’s internet website that this information is not required in order to submit an allegation.
(d)Upon receiving specific information that a regional center, or an employee, officer, or board member of a regional center, has engaged in an improper governmental activity, the department or the regional center shall conduct an investigation of the matter. The identity of the person submitting the allegation or of any person providing information in confidence to further an investigation, shall not be disclosed without the express permission of the person providing the information except that the department or regional center may make the disclosure to a law enforcement agency if it is conducting a criminal investigation.
(e)A regional center shall not retaliate in any way against a person or a family member of a person who, based on a reasonable belief that improper activity occurred, submits an allegation of improper regional center activity. For purposes of this subdivision, “retaliate” includes, but it not limited to, interfering with or discontinuing services, threatening to interfere with or discontinue services, harassing, threatening, or in any other way discriminating against a person or a family member of a person who submitted the allegation.