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March 25, 2010

State Legislation Committee - March 25, 2010

STATE LEGISLATION COMMITTEE

Thursday, March 25, 2010

2PM

City Hall, Room 288

MEMBERS:

Mayor’s Office (Chair) – Nancy Kirshner-Rodriguez

Supervisor Chiu – David Noyola

Supervisor Alioto-Pier – Bill Barnes

City Attorney’s Office – MaryJane Winslow

Treasurer’s Office – Pauline Marx

Assessor’s Office – Kevin Alin

Controller’s Office – Leo Levenson

AGENDA

I . ROLL CALL

II. APPROVAL OF MEETING MINUTES

Action Item: the Committee will vote to approve the minutes of the January 21, 2009 meeting of the State Legislation Committee.

III. CA STATE BUDGET UPDATE

IV. PROPOSED LEGISLATION

Discussion item: the Committee will review and discuss state legislation affecting the City and County of San Francisco

Juvenile Probation

William Siffermann

AB 2015 (Arambula) Child abuse: interdisciplinary and integrated services.

Existing law authorizes a county to establish a computerized data base system within the county to allow designated provider agencies, as defined, to share identifying information regarding families at risk for child abuse or neglect, for the purpose of forming multidisciplinary personnel teams, for the prevention, identification, management, or treatment of child abuse. This bill also would include the tracking of child abuse as one of the specified objectives of the multidisciplinary teams using the computerized database system.

Existing law provides for the establishment of integrated children’s services programs, coordinated children’s service systems that offer designated services to children and families. Under existing law, children’s multidisciplinary services teams, consisting of two or more persons trained and qualified to provide one or more of the designated services, are responsible in the program for identifying the educational, health, or social service needs of a child and his or her family, and for developing a plan to address those needs.

Under existing law, an integrated children's services program is permitted to establish a unified services record for a child and family, containing specified records of prior services that are released to the program and are relevant and necessary to formulate an integrated services plan, pursuant to valid written authorizations. This bill also would authorize records of prior services, as contained in the unified service record, to be released pursuant to electronic authorizations.

Recommended Action: Support

Mayor’s Office

Nancy Kirshner-Rodriguez

SB 1210 (Florez) Taxation: sweetened beverage tax

This bill would impose a tax upon every sweetened beverage manufacturer, concentrate manufacturer, or other person who makes the first sale in this state of a sweetened beverage or concentrate of a rate of $0.01 per teaspoon of sugar placed into the sweetened beverage or equivalent amount of concentrate. The revenues collected from this tax would be deposited in the Childhood Obesity Fund, which the bill would create, for appropriation by the Legislature. This bill would result in a change in state taxes for the purpose of increasing state revenues within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of 2/3 of the membership of each house of the Legislature.

Recommended Action: Support

SB 1212 (Leno) Cell phones: specific absorption rate disclosure

Existing law regulates the labeling requirements for various consumer products. This bill would require specific language relating to the specific absorption rate, as defined, to be included at the point of sale, on the exterior packaging, and in the instruction manuals of cellular telephone devices, as defined, that are sold in the State of California.

Recommended Action: Support

Public Health

Jim Soos

AB 1599 (Beall) Medi-Cal: alcohol and drug screening and brief intervention services

This bill would establish the Medi-Cal Alcohol and Drug Screening and Brief Intervention Services Program, which would be administered by the department, in consultation with the State Department of Alcohol and Drug Programs, for the purpose of increasing the state’s ability to make available alcohol and drug screening and brief intervention services to Medi-Cal beneficiaries who are pregnant women or women of childbearing age by authorizing a public entity, as defined, to provide or contract for these services for Medi-Cal beneficiaries who are pregnant women or women of childbearing age. The bill would require the department to administer the program in accordance with federal certified public expenditure requirements in certifying that a claimed expenditure for alcohol and drug screening and brief intervention services is eligible for federal financial participation. This bill would require the nonfederal share of expenditures submitted to the federal Centers for Medicare and Medicaid Services for purposes of claiming federal financial participation for services provided pursuant to the program to be comprised of only those funds that are paid by a public entity and certified in accordance with federal certified public expenditure requirements. The bill would require the department to promptly seek any necessary federal approvals for the implementation of the program.

Recommended Action: Support

AB 1701 (Chesbro) & SB 1029 (Yee) Hypodermic Needle & Syringe Access

Existing law regulates the sale, possession, and disposal of hypodermic needles and syringes. Under existing law, a prescription is required to purchase a hypodermic needle or syringe for human use, except to administer adrenaline or insulin. Existing law, until December 31, 2010, authorizes a city or county to authorize a licensed pharmacist to sell or furnish 10 or fewer hypodermic needles or syringes to a person for human use without a prescription if the pharmacy is registered with a local health department in the Disease Prevention Demonstration Project. Existing law prohibits the possession and sale of drug paraphernalia, but until December 31, 2010, allows a person, if authorized by a city or county, to possess 10 or fewer hypodermic needles or syringes if acquired through an authorized source. This bill would delete the December 31, 2010, end dates for these authorizations and would thereby reestablish these authorizations indefinitely. (AB 1701)

This bill would, instead, permit a physician or pharmacist, without a prescription or a permit, to furnish 30 or fewer hypodermic needles and syringes for human use to a person 18 years of age or older and would permit a person 18 years of age or older, without a prescription or license, to obtain 30 or fewer hypodermic needles and syringes solely for personal use from a physician or pharmacist. This bill would make conforming changes, including the elimination of the Disease Prevention Demonstration Project. (SB 1029)

Recommended Action: Support

AB 1694 (Beall) Alcohol mitigation fee

This bill establishes the Alcohol-Related Services Program and the Alcohol-Related Services Program Fund and would authorize the State Board of Equalization to assess and collect specified fees from every person who is engaged in business in this state and sells alcoholic beverages for resale, as prescribed. The bill would require the fees to be deposited into the fund and would continuously appropriate those moneys exclusively for the alcohol-related services programs established pursuant to this bill.

Recommended Action: Support

AB 2145 (Ammiano) Drug overdose treatment: liability

Existing law prohibits, except in the regular practice of his or her profession, any person from knowingly prescribing, administering, dispensing, or furnishing a controlled substance to or for any person who is not under his or her treatment for a pathology or condition other than an addiction to a controlled substance, except as specified. Existing law authorizes, until January 1, 2011, and only in specified counties, a licensed health care provider, who is already permitted pursuant to existing law to prescribe an opioid antagonist, as defined, if acting with reasonable care, to prescribe and subsequently dispense or distribute an opioid antagonist in conjunction with an opioid overdose prevention and treatment training program, as defined, without being subject to civil liability or criminal prosecution. Existing law requires a local health jurisdiction that operates or registers an opioid overdose prevention and treatment training program to collect prescribed data and report it to the Senate and Assembly Committees on Judiciary by January 1, 2010. This bill would delete that reporting requirement. The bill would expand the provisions to apply statewide and would also delete the repeal date, thereby extending these provisions indefinitely. The bill would also authorize a person who is not otherwise licensed to administer an opioid antidote in an emergency without fee if the person has received specified training information and believes in good faith that the other person is experiencing a drug overdose. The bill would prohibit that person, as a result of his or her acts or omissions, from being liable for any violation of any professional licensing statute, or subject to any criminal prosecution arising from or related to the unauthorized practice of medicine or the possession of an opioid antidote.

Recommended Action: Support

AB 2268 (Chesbro) Narcotic treatment regulation

This bill would authorize a physician and surgeon who is registered with the federal Attorney General to dispense narcotic drugs to individuals for maintenance treatment or detoxification treatment pursuant to a specified federal law to dispense narcotic drugs pursuant to this federal law.

Recommended Action: Support

SB 220 (Yee) Health care coverage: tobacco cessation services

This bill would require certain health care service plan contracts and health insurance policies that provide outpatient prescription drug benefits to also provide coverage for tobacco cessation services and would impose limits on copayments for those services.

Recommended Action: Support

SB 1431 (Simitian) County Health Initiative Matching Fund

This bill would allow persons who are unable enroll in the Healthy Families Program due to enrollment policies established by the board to receive this coverage and would also allow a county, a county agency, a local initiative, or a county organized health system that will provide an intergovernmental transfer to apply to the board for funding to provide health care coverage to eligible children whose family income is at or below 400% of the federal poverty level.

Recommended Action: Support

Human Services Agency

Noelle Simmons/ Sarah Crow/ Sybil Boutilier

SB 1359 (Price) Public social services: food stamps

This bill would eliminate the fingerimaging requirement for Food Stamps applicants and recipients; replace Food Stamps quarterly reporting requirements with semi-annual reporting; allow counties to stagger semi-annual reporting schedules for individual clients; and eliminate the asset test for Food Stamps.

Recommended Action: Support

AB 2018 (Skinner) Food stamps: intercounty transfer study

This bill would require the Department of Social Services to conduct a study of an inter-county transfer process for the Food Stamp program. The study would be specifically focused on determining whether there would be any cost savings associated with an ICT system.

Recommended Action: Support

AB 2435 (Lowenthal) Elder and dependent adult abuse

This bill would expand the required coursework or training for these professions to additionally cover elder and dependent abuse assessment and reporting.

Recommended Action: Support

AB 2131 (Bass) Budget Act of 2009: revisions

This bill would reverse the Governor’s veto of $80M in state General Funds for child welfare services

Recommended Action: Support

SB 654 (Leno) Independent Living Program

This bill would enable foster youth placed with non-related legal guardians established through the juvenile dependency court to access Independent Living Program services. Benefits are limited to those youth whose guardianship was ordered on or after the child’s 8th birthday.

Recommended Action: Support

SB 1084 (Liu) California Economic Security Task Force.

This bill would create a two-year, time-limited task force with diverse representation, including a representative of county human services agencies, to inventory programs designed to reduce poverty, make recommendations regarding steps to increase the economic security of Californians by 50 percent by 2020, and to develop a plan for an ongoing, sustainable commission on poverty.

Recommended Action: Support

Department of Emergency Management

Amiee Albertson Alden

SB 1205 (Corbett) The Bay Area Post-Recovery Authority Act

This bill would establish the Bay Area Post-Recovery Authority to create a long-term regional recovery plan, to be implemented following an earthquake in the Bay Area, by cooperating with various stakeholders in the bay area, including, but not limited to, the cities, counties, special districts, schools, emergency operators, hospitals, members of the public, private businesses, and nongovernmental organizations.

Recommended Action: Oppose unless amended

V. GENERAL PUBLIC COMMENT

Discussion item: members of the public may address the Committee on items of interest that are within the Committee’s subject matter jurisdiction.

VI. ADJOURNMENT

Disability Access

Room 421 of City Hall is located at 1 Dr. Carton B. Goodlett Place, and is wheelchair accessible. The closest accessible BART Station is Civic Center, three blocks from City Hall. Accessible Muni lines serving this location are: #47 Van Ness, and the #71 Haight/Noriega and the F Line to Market and Van Ness, as will as Muni Metro stations at Van Ness and Civic Center. For more information about Muni accessible services, call 923-6142. There is accessible parking at the Civic Center Plaza garage.

Know Your Rights Under the Sunshine Ordinance

Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils, and other agencies of the City and County exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people’s review. For information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact the Donna Hall at Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102, by phone at 415-554-7724, by fax at 415-554-7854, or email the Sunshine Ordinance Taskforce Administrator at sotf@sfgov.org. Citizens may obtain a free copy of the Sunshine Ordinance by contacting the Task Force, or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at www.sfgov.org/sunshine.htm.

Lobbyist Registration and Reporting Requirements

Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance (San Francisco Campaign and Governmental Conduct Code Sec. 2.100 –2.160) to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone 415-581-2300, fax 415-581-2317, Internet website: www.sfgov.org/ethics.

Cell Phones and Pagers

The ringing and use of cell phones, pagers, and similar sound-producing electronic devises are prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices.

Public Comment

Public Comment will be taken on each item.

Document Review

Documents that may have been provided to members of the State Legislation Committee in connection with the items on the agenda include proposed state legislation, consultant reports, correspondence and reports from City departments, and public correspondence. These may be inspected by contacting Nancy Kirshner-Rodriguez, Director of Government Affairs, Mayor’s Office at: (415) 554-4846.

Health Considerations

In order to assist the City’s efforts to accommodate persons with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical-based products. Please help the City accommodate these individuals.

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