California Senate Bill SB1392 Latest Draft

 BILL NUMBER: SB 1392AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 14, 2012 AMENDED IN SENATE MAY 25, 2012 AMENDED IN SENATE APRIL 9, 2012 INTRODUCED BY Senators Pavley and Rubio  (   Coauthor:   Senator   DeLen   )  (Coauthors: Assembly Members  Beall   Ammiano,   Beall,  and Huffman) FEBRUARY 24, 2012 An act to add Section 11011.22 to the Government Code, relating to developmental services. LEGISLATIVE COUNSEL'S DIGEST SB 1392, as amended, Pavley. Developmental services. Existing law establishes several developmental centers within the jurisdiction of the State Department of Developmental Services. This bill would permit the real property within the grounds of a developmental center, as specified, that is determined to no longer meet the needs of the state for directly serving persons with developmental disabilities to be made available for lease and be leased, to generate revenue for deposit into the Californians with Developmental Disabilities Fund, which the bill would create. The bill would require moneys in this fund to be made available, upon appropriation by the Legislature, to the department for purposes of serving persons with developmental disabilities. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature hereby finds and declares all of the following: (a) The Lanterman Developmental Disabilities Services Act states that the State of California accepts a responsibility for persons with developmental disabilities and an obligation to them that it must discharge. (b) Some persons with developmental disabilities live in one of four state-owned and state-operated developmental centers or participate in the community-based residential program. (c) As demonstrated by developmental centers that the state has previously closed, including the Stockton, Camarillo, and Agnews Developmental Centers, upon closure the residents still require ongoing supports and services, including residential services, as they transition to community-based housing, programs, and service. (d) The obligation by the State Department of Developmental Services to meet the housing and other needs of these persons under the Lanterman Developmental Disabilities Services Act necessitates thoughtful consideration, including, but not limited to, the use of a previously closed developmental center property in any manner possible for the benefit of the population served. SEC. 2. Section 11011.22 is added to the Government Code, to read: 11011.22. (a) Notwithstanding Section 11011, if the real property within the grounds of Agnews State Hospital, Camarillo State Hospital, Fairview State Hospital, Lanterman State Hospital, Porterville State Hospital, Sonoma State Hospital, or Stockton State Hospital is determined to no longer meet the needs of the state for directly serving persons with developmental disabilities, the real property, subject to any lease entered into pursuant to a statute enacted prior to  the effective date of this section   January 1, 2013,  may be made available for lease and be leased in order to generate revenue for deposit into the Californians with Developmental Disabilities Fund. (b) The Californians with Developmental Disabilities Fund is hereby created in the State Treasury. Moneys in the fund shall, upon appropriation by the Legislature, be made available to the State Department of Developmental Services for purposes of serving persons with developmental disabilities, subject to Section 4688.6 of the Welfare and Institutions Code.  (c) This section does not modify the requirement that, the department submit a closure plan to the Legislature for approval in accordance with Section 4474.1 of the Welfare and Institutions Code, prior to the closure of a developmental center.