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California State Auditor Report Number: 2016-701

Recommendations for the Legislature From Audits Issued During 2015 and 2016



Appendix

Legislation Chaptered or Vetoed During the 2015–16 Regular Legislative Session

The table below briefly describes bills that were chaptered or vetoed during the second year of the 2015–16 Regular Legislative Session and relate to the subject of a report by the California State Auditor (State Auditor), were based in part on recommendations in a State Auditor’s report, or the analysis of the bill relied in part on a State Auditor’s report.


Table
Legislation Chaptered or Vetoed in the 2016 Regular Session
Bill Number
(Chaptered or Vetoed)
Report
(Abbreviated Title)
Summary of Legislation
Education

SB 884
Ch. 835, Stats 2016

2015-112 Student Mental Health Services (January 2016)

Requires the audit guide developed by the State Controller and other specified entities for purposes of audits for local educational agencies (LEA) to include audit procedures to review whether specified funding for educationally related mental health services was used for its intended purpose in the 2016–17 fiscal year, and requires these audit procedures to be included in future fiscal years if recommended by the State Controller. Requires the State Department of Education (Education) to submit a report relating to the provision of mental health services to pupils through an individualized education program to the appropriate legislative fiscal and policy committees by June 30, 2017.

SB 1113
VETOED

2015‑112 Student Mental Health Services (January 2016)

Would have specifically authorized a county, or a qualified provider operating as part of the county mental health plan network, and an LEA to enter into a partnership that includes, among other things, an agreement to provide mental health services to specified pupils. The bill would also have created the County and Local Educational Agency Partnership Fund in the State Treasury, which would have been available, upon appropriation by the Legislature, to Education for the purpose of funding these partnerships, and would have required Education to fund these partnerships through a competitive grant program.

Governmental Organization

AB 2623
Ch. 389, Stats 2016

2015‑611 High Risk Update: Information Security (August 2015)

Requires each state agency and certain designated state entities to annually report to the Department of Technology, beginning on or before January 1, 2018, a summary of its actual and projected information security costs.

Health and Human Services

AB 1911
Ch. 637, Stats 2016

2015‑115 Dually Involved Youth (February 2016)

Requires the Judicial Council to convene a committee comprised of stakeholders involved in serving the needs of dependents or wards of the juvenile court and requires the committee, by January 1, 2018, to develop and report to the Legislature its recommendations to facilitate and enhance comprehensive data and outcome tracking for the state’s youth involved in both the child welfare system and the juvenile justice system. Requires the California Department of Social Services (Social Services), on or before January 1, 2019, to implement a function within the applicable case management system that will enable county child welfare agencies and county probation departments to identify youth involved in both the child welfare system and the juvenile justice system who are within their counties, and to issue instruction to all counties on the manner in which to completely and consistently track the involvement of these youth in both the child welfare system and the juvenile justice system.

AB 2207
Ch. 613, Stats 2016

2013‑125 California Department of Health Care Services: Medi‑Cal Dental Program (December 2014)

In part, requires the Department of Health Care Services (Health Care Services) to undertake specified activities to improve the Medi‑Cal Dental Program, such as expediting provider enrollment and monitoring dental service access and utilization, and requires a Medi‑Cal managed care health plan to provide dental health screenings for eligible beneficiaries and refer them to appropriate Medi‑Cal dental providers; these provisions would be implemented only to the extent that Health Care Services obtains necessary federal approvals and federal matching funds. Requires Health Care Services, no sooner than July 1, 2019, to annually publish specified utilization data for both the dental fee‑for‑service and dental managed care programs from the preceding calendar year and to make this information available on its Internet website.

AB 2813
Ch. 646, Stats 2016

2014‑118 Dually Involved Youth (February 2016)

Prohibits a probation officer, when deciding whether to detain a minor who is currently a dependent of the juvenile court or the subject of a petition to declare him or her a dependent of the juvenile court, and who has been removed from the custody of his or her parent or guardian by the juvenile court, from considering specified information, including, among others, the minor’s status as a dependent of the juvenile court or as the subject of a petition to declare him or her a dependent of the juvenile court. Requires a probation officer to immediately release that minor to the custody of the child welfare services department or his or her current foster parent or other caregiver, unless one of the specified conditions is met.

SB 253
VETOED

2015‑131 California’s Foster Care System: Psychotropic Medications (August 2016)

Would have, commencing January 1, 2018: 1) required an order authorizing the administration of psychotropic medications to a dependent child or a delinquent child in foster care be granted only upon the court’s determination that it is in the best interest of the child and that specified requirements have been met; 2) prohibited the court, in certain circumstances, from authorizing the administration of psychotropic medications to a child under those provisions unless a preauthorization review is obtained from a child psychiatrist or behavioral pediatrician; 3) required the child’s social worker to submit a report to the court prior to any review hearing that includes information from the child, the child’s caregiver, the public health nurse, and the court‑appointed special advocate; 4) required court authorization to be sought as soon as practical, but in no case more than two court days after emergency administration of the psychotropic medication; and, 5) required the Judicial Council to adopt rules of court and develop appropriate forms to implement these provisions by January 1, 2018.

SB 1098
Ch. 630, Stats 2016

2013‑125 California Department of Health Care Services: Medi‑Cal Dental Program (December 2014)

Requires Health Care Services to report to the Legislature, by October 1, 2017, on progress towards the goal of raising the Denti‑Cal utilization rate among eligible child beneficiaries to 60 percent or greater and identify a date by which the department projects this utilization goal will be met. Authorizes the department to include in the report recommendations for legislative consideration that would assist the department to meet the goal by the specified date. This statute will sunset on January 1, 2021.

SB 1174
Ch. 840, Stats 2016

2015‑131 California’s Foster Care System: Psychotropic Medications (August 2016)

Requires Health Care Services and Social Services, until January 1, 2027, pursuant to a specified data‑sharing agreement, to provide the Medical Board of California (board) with information regarding Medi‑Cal physicians and their prescribing patterns of psychotropic medications and related services for specified children and minors placed in foster care using data provided by Health Care Services and Social Services. Requires: 1) data concerning psychotropic medications and related services be drawn from existing data sources maintained by the departments and shared pursuant to a data‑sharing agreement; 2) the board, Health Care Services and Social Services consult and revise the methodology, if determined to be necessary every five years; 3) the board to contract for consulting services from, if available, a psychiatrist who has expertise and specializes in pediatric care for the purpose of reviewing the data provided to the board; 4) the board, commencing July 1, 2017, to report annually to the Legislature, Health Care Services and Social Services the results of the analysis of the data; 5) the board to review the data in order to determine if any potential violations of law or excessive prescribing of psychotropic medications inconsistent with the standard of care exist, and conduct an investigation and take disciplinary action, if warranted; 6) the board, on or before January 1, 2022, to conduct an internal review of those activities and to revise procedures relating to those activities, if determined to be necessary; and, 7) Health Care Services to disseminate treatment guidelines on an annual basis.

SB 1291
Ch. 844, Stats 2016

2015‑131 California’s Foster Care System: Psychotropic Medications (August 2016)

Requires annual mental health plan reviews to be conducted by an external quality review organization and, commencing July 1, 2018, would require those reviews to include specific data for Medi‑Cal eligible minor and nonminor dependents in foster care, including the number of Medi‑Cal eligible minor and nonminor dependents in foster care served each year. Requires Health Care Services to share data with county boards of supervisors, including data that will assist in the development of mental health service plans and performance outcome system data and metrics.

Higher Education

AB 969
VETOED

2015‑032 Campus Crime Reporting (July 2015)

Would have required, until January 1, 2022, in order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing board of each independent postsecondary institution to report, on or before October 1, 2018, and on an annual basis thereafter, specified data relating to cases of alleged sexual assault, domestic violence, dating violence, and stalking. The bill would have also required that report to be posted on the respective institution’s Internet website in a manner easily accessible to students.

AB 1653
VETOED

2015‑032 Campus Crime Reporting (July 2015)

Would have required the Trustees of the California State University (trustees) and Board of Governors at the California Community Colleges (board) and the governing body of each independent institution of higher education, and encouraged each University of California (UC) campus, to each generate a report once every biennium of the legislative session that included specified information related to the respective institution’s campus climate, post the report on the respective institution’s website and submit the report to the Governor, the Attorney General, and the appropriate policy committees of the Legislature. This bill would also have required the board, the trustees and the governing body of each independent institution of higher education, and would have encouraged the UC regents, to create, review every two years thereafter, and, as necessary, update protocols, policies, and procedures regarding compliance with the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act and the Violence Against Women Reauthorization Act of 2013.

AB 1654
Ch. 623, Stats 2016

2015‑032 Campus Crime Reporting (July 2015)

Requires the State Auditor to include in its mandated audit regarding compliance with campus crime reporting requirements by postsecondary institutions an evaluation of the institutions’ compliance with state law governing crime reporting and the development and implementation of student safety policies and procedures.

AB 1778
VETOED

2013‑124 California Universities: Sexual Harassment and Sexual Violence (June 2014)

Would have, commencing January 1, 2018, required the governing boards of each community college district, the Trustees of the California State University, the UC Regents, and the governing boards of independent postsecondary institutions, in order to receive state funds for student financial assistance, to conduct annual training of their respective employees on the employee’s obligations in responding to and reporting incidents of sexual assault, domestic violence, dating violence, and stalking involving students.

Local Government

AB 1676
Ch. 856, Stats 2016

2015‑132 County Pay Practices (May 2016)

Specifies that prior salary cannot, by itself, justify any disparity in compensation between men and women under the bona fide factor exception, which includes factors such as education, training, or experience.

AB 1794
Ch. 401, Stats 2016

2015‑102 Central Basin Municipal Water District (December 2015)

Requires the board of directors of the Central Basin Municipal Water District to be composed of eight directors, until the directors elected at the November 8, 2022, election take office. At that time, the board will be composed of seven directors, three of which shall be appointed by the water purveyors of the district and the remaining four shall be elected by the voters for each division established by law. This statute requires that each of the four elected directors shall be a resident of the division from which he or she is elected.

SB 953
Ch. 426, Stats 2016

2015‑102 Central Basin Municipal Water District (December 2015)

Requires that no ordinance, motion, or resolution relating to the ethics, compensation, or benefits of the members of the Central Basin Municipal Water District board of directors be passed or become effective without the affirmative votes of 2/3 of the members of the board, and makes legislatives findings and declarations as to the necessity of a special statute for the district.

Public Safety

AB 1999
Ch. 638, Stats 2016

2015‑504 Follow‑Up—California Department of Justice: Armed Prohibited Persons System (July 2015)

Requires the Department of Justice (Justice) to complete an initial review of a match, as defined, in the daily queue of the Armed Prohibited Persons System within seven days of the match being placed in the queue and to periodically reassess whether Justice can complete those reviews more efficiently.

AB 2298
Ch. 752, Stats 2016

2015‑130 CalGang Criminal Intelligence System (August 2016)

Requires: 1) a shared gang database to comply with federal requirements regarding record retention for information in the database; 2) local law enforcement, commencing January 15, 2018, and every January 15 thereafter to submit specified data pertaining to the database to Justice; and, 3) Justice, commencing February 15, 2018, and every February 15 thereafter, to post that information on its website. Establishes a procedure for a person designated in a shared gang database who has contested that designation with the local law enforcement agency and whose challenge has been denied to appeal to the Superior Court.

AB 2499
Ch. 884, Stats 2016

2014‑109 Sexual Assault Evidence Kits (October 2014)

Requires Justice, on or before July 1, 2018, and in consultation with law enforcement agencies and crime victims groups, to establish a process by which victims of sexual assault may inquire about the location and information regarding their sexual assault evidence kits.

Utilities and Commerce

AB 1651
Ch. 815, Stats 2016

2016‑104 California Public Utilities Commission: Contracting Practices (September 2016)

Requires the California Public Utilities Commission (CPUC) to make available on its website free of charge a copy of each contract that it enters into and specified information about the contract and contracting parties, and requires this information to be published no less frequently than once a year. This statute also requires the commission to make available on its Internet website audits conducted by the Department of General Services of the commission’s contracting practices.

AB 2168
Ch. 805, Stats 2016

2013‑109 California Public Utilities Commission: Balancing Accounts (March 2014)

Deletes the requirement that reports of the inspections and audits and other pertinent information be furnished to the State Board of Equalization for use in the assessment of the public utilities and instead requires the CPUC to post reports of the inspections and audits and other pertinent information on its Internet website. This statute also: 1) renames the reserve accounts “balancing accounts”; 2) requires CPUC to develop a risk-based approach for reviewing those balancing accounts periodically to ensure that the transactions recorded in the balancing accounts are for allowable purposes and are supported by appropriate documentation; 3) requires CPUC to maintain an inventory of the balancing accounts; 4) requires CPUC to require public utilities to include all related costs and revenues in their balancing accounts; and, 5) requires CPUC to adopt balancing account review procedures that prioritize the review of balancing accounts with specified attributes.

SB 215
Ch. 807, Stats 2016

2016-104 California Public Utilities Commission: Contracting Practices (September 2016)

In part: 1) requires CPUC to adopt procedures for the disqualification of Commissioners due to bias or prejudice; 2) requires a Commissioner or Administrative Law Judge (ALJ) to be disqualified from rate-setting or adjudicatory proceedings for bias or prejudice based on specified criteria; 3) prohibits CPUC procedures from authorizing a Commissioner or ALJ to rule on a motion to disqualify oneself from presiding over a proceeding; 4) recasts and revises laws relating to ex parte communications with regard to CPUC proceedings including requiring CPUC to explicitly ban “one-way” ex parte communications from a decision-maker to an interested person; and, 5) authorizes the Attorney General to bring an enforcement action in Superior Court against a decision maker or employee of the CPUC for knowingly and willfully violating or failing to comply with the ex parte communication requirements.


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