Bill Text: CA SB326 | 2015-2016 | Regular Session | Chaptered
Bill Title: Courts: penalties: emergency services funding.
Spectrum: Moderate Partisan Bill (Democrat 7-2)
Status: (Passed) 2015-10-11 - Chaptered by Secretary of State. Chapter 797, Statutes of 2015. [SB326 Detail]
Download: California-2015-SB326-Chaptered.html
BILL NUMBER: SB 326 CHAPTERED
BILL TEXT
CHAPTER 797
FILED WITH SECRETARY OF STATE OCTOBER 11, 2015
APPROVED BY GOVERNOR OCTOBER 11, 2015
PASSED THE SENATE SEPTEMBER 11, 2015
PASSED THE ASSEMBLY SEPTEMBER 10, 2015
AMENDED IN ASSEMBLY AUGUST 31, 2015
AMENDED IN SENATE JUNE 2, 2015
INTRODUCED BY Senator Beall
(Coauthors: Senators Galgiani, Nielsen, and Vidak)
(Coauthors: Assembly Members Chu, Cooley, Cooper, Rodriguez, and
Wood)
FEBRUARY 23, 2015
An act to amend Section 76000.10 of the Government Code, and to
add Section 10752 to the Welfare and Institutions Code, relating to
emergency services.
LEGISLATIVE COUNSEL'S DIGEST
SB 326, Beall. Courts: penalties: emergency services funding.
Under existing law, the Emergency Medical Air Transportation Act,
a penalty of $4 is imposed upon every conviction for a violation of
the Vehicle Code, or a local ordinance adopted pursuant to the
Vehicle Code, other than a parking offense. Existing law requires the
county or the court that imposed the fine to transfer the moneys
collected pursuant to this act to the Emergency Medical Air
Transportation Act Fund. Under existing law, the assessment of these
penalties will terminate on January 1, 2016, and any moneys
unexpended and unencumbered in the Emergency Medical Air
Transportation Act Fund on June 30, 2017, will transfer to the
General Fund. Existing law repeals the Emergency Medical Air
Transportation Act on January 1, 2018.
This bill would extend the dates of the Emergency Medical Air
Transportation Act, so that the assessment of the penalties will
terminate commencing January 1, 2018, and any moneys unexpended and
unencumbered in the Emergency Medical Air Transportation Act Fund on
June 30, 2019, will transfer to the General Fund. The bill would
extend the operation of the Emergency Medical Air Transportation Act
until January 1, 2020.
The bill would also make legislative findings and declarations as
to the harmful effects of relying on penalty assessments to fund core
state programs and the necessity to identify alternative funding
sources for emergency medical air transportation services. The bill
would require the State Department of Health Care Services and the
Department of Finance to develop, by March 1, 2017, a funding plan
that ensures adequate reimbursement to emergency medical air
transportation providers following the expiration of the Emergency
Medical Air Transportation Act on January 1, 2020.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Penalty assessments have been used to fund an increasing
number of programs that should properly be funded by broad-based
financing mechanisms.
(b) The ever-increasing reliance on penalty assessments to fund
core state programs is a regressive financing mechanism, and is
particularly harmful to individuals who can least afford these
assessments. High fines and assessments can perpetuate a cycle of
poverty and inequality, given that individuals with lower incomes are
more likely to miss payments and suffer the consequences.
(c) It is in the state's interest to ensure funding for emergency
medical air transportation is sufficient to maintain access to these
critical services for Medi-Cal beneficiaries and all individuals in
California.
(d) Therefore, it is the intent of the Legislature to identify
alternative funding sources for emergency medical air transportation
and cease reliance on penalty assessment revenue to fund these
services.
(e) Accordingly, it is the intent of the Legislature to cease the
collection of penalty assessments on January 1, 2018, pursuant to the
Emergency Medical Air Transportation Act.
SEC. 2. Section 76000.10 of the Government Code is amended to
read:
76000.10. (a) This section shall be known, and may be cited, as
the Emergency Medical Air Transportation Act.
(b) For purposes of this section:
(1) "Department" means the State Department of Health Care
Services.
(2) "Director" means the Director of Health Care Services.
(3) "Provider" means a provider of emergency medical air
transportation services.
(4) "Rotary wing" means a type of aircraft, commonly referred to
as a helicopter, that generates lift through the use of wings, known
as rotor blades, that revolve around a mast.
(5) "Fixed wing" means a type of aircraft, commonly referred to as
an airplane, that generates lift through the use of the forward
motion of the aircraft and wings that do not revolve around a mast
but are fixed in relation to the fuselage of the aircraft.
(6) "Air mileage rate" means the per-mileage reimbursement rate
paid for services rendered by rotary-wing and fixed-wing providers.
(c) (1) For purposes of implementing this section, a penalty of
four dollars ($4) shall be imposed upon every conviction for a
violation of the Vehicle Code or a local ordinance adopted pursuant
to the Vehicle Code, except parking offenses subject to Article 3
(commencing with Section 40200) of Chapter 1 of Division 17 of the
Vehicle Code.
(2) The penalty described in this subdivision shall be in addition
to the state penalty assessed pursuant to Section 1464 of the Penal
Code. However, this penalty shall not be included in the base fine
used to calculate the state penalty assessment pursuant to
subdivision (a) of Section 1464 of the Penal Code, the state
surcharge levied pursuant to Section 1465.7 of the Penal Code, and
the state court construction penalty pursuant to Section 70372 of
this code, and to calculate the other additional penalties levied
pursuant to this chapter.
(d) The county or the court that imposed the fine shall, in
accordance with the procedures set out in Section 68101, transfer
moneys collected pursuant to this section to the Treasurer for
deposit into the Emergency Medical Air Transportation Act Fund, which
is hereby established in the State Treasury. Notwithstanding Section
16305.7, the Emergency Medical Air Transportation Act Fund shall
include interest and dividends earned on money in the fund.
(e) (1) The Emergency Medical Air Transportation Act Fund shall be
administered by the State Department of Health Care Services. Moneys
in the Emergency Medical Air Transportation Act Fund shall be made
available, upon appropriation by the Legislature, to the department
to be used as follows:
(A) For payment of the administrative costs of the department in
administering this section.
(B) Twenty percent of the fund remaining after payment of
administrative costs pursuant to subparagraph (A) shall be used to
offset the state portion of the Medi-Cal reimbursement rate for
emergency medical air transportation services.
(C) Eighty percent of the fund remaining after payment of
administrative costs pursuant to subparagraph (A) shall be used to
augment emergency medical air transportation reimbursement payments
made through the Medi-Cal program, as set forth in paragraphs (2) and
(3).
(2) (A) The department shall seek to obtain federal matching funds
by using the moneys in the Emergency Medical Air Transportation Act
Fund for the purpose of augmenting Medi-Cal reimbursement paid to
emergency medical air transportation providers.
(B) The director shall do all of the following:
(i) By March 1, 2011, meet with medical air transportation
providers to determine the most appropriate methodology to distribute
the funds for medical air services.
(ii) Implement the methodology determined most appropriate in a
timely manner.
(iii) Develop the methodology in collaboration with the medical
air providers.
(iv) Submit any state plan amendments or waiver requests that may
be necessary to implement this section.
(v) Submit any state plan amendment or waiver request that may be
necessary to implement this section.
(vi) Seek federal approvals or waivers as may be necessary to
implement this section and to obtain federal financial participation
to the maximum extent possible for the payments under this section.
If federal approvals are not received, moneys in the fund may be
distributed pursuant to this section until federal approvals are
received.
(C) The director may give great weight to the needs of the
emergency medical air services providers, as discussed through the
development of the methodology.
(3) (A) Upon appropriation by the Legislature, the department
shall use moneys in the Emergency Medical Air Transportation Act Fund
and any federal matching funds to increase the Medi-Cal
reimbursement for emergency medical air transportation services in an
amount not to exceed normal and customary charges charged by the
providers.
(B) Notwithstanding any other law, and pursuant to this section,
the department shall increase the Medi-Cal reimbursement for
emergency medical air transportation services if both of the
following conditions are met:
(i) Moneys in the Emergency Medical Air Transportation Act Fund
will cover the cost of increased payments pursuant to subparagraph
(A).
(ii) The state does not incur any General Fund expense to pay for
the Medi-Cal emergency medical air transportation services increase.
(f) The assessment of penalties pursuant to this section shall
terminate on January 1, 2018. Penalties assessed before January 1,
2018, shall continue to be collected, administered, and distributed
pursuant to this section until exhausted or until June 30, 2019,
whichever occurs first. On June 30, 2019, moneys remaining unexpended
and unencumbered in the Emergency Medical Air Transportation Act
Fund shall be transferred to the General Fund, to be available, upon
appropriation by the Legislature, for the purposes of augmenting
Medi-Cal reimbursement for emergency medical air transportation and
related costs, generally.
(g) Notwithstanding the rulemaking provisions of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2,
the department may implement, interpret, or make specific this
section and any applicable federal waivers and state plan amendments
by means of all-county letters, plan letters, plan or provider
bulletins, or similar instructions without taking regulatory action.
(h) 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. 3. Section 10752 is added to the Welfare and Institutions
Code, to read:
10752. The department shall, by March 1, 2017, in coordination
with the Department of Finance, develop a funding plan that ensures
adequate reimbursement to emergency medical air transportation
providers following the termination of penalty assessments pursuant
to subdivision (f) of Section 76000.10 of the Government Code on
January 1, 2018.
