California 2009-2010 Regular Session Status: Passed Assembly

AB 435 — Regional centers: whistleblower protection: related-party transactions.

Last action — From Senate committee without further action.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to allocate funds to private nonprofit regional centers for the provision of community services and support for persons with developmental disabilities and their families. Existing law sets forth the duties of regional centers, including, but not limited to, development of individual program plans, the purchase of needed services and supports to implement the plan, and the monitoring of services. Existing law authorizes the department to adopt and enforce conflict-of-interest regulations to ensure that members of the governing board, program policy committees, and employees of regional centers make decisions that are in the best interest of consumers and the families of consumers. Existing law authorizes the department to enter into 5-year contracts with regional centers, subject to annual appropriation of funds by the Legislature. The contracts will specify that each regional center include annual performance objectives that will meet certain standards. If a regional center fails to meet the performance standards, the department will require corrective action. This bill would require, not later than July 1, 2011, that each contract with a regional center include steps the regional center will take to provide notice to staff and consumers that confidential reports of improper regional center activity, as defined, can be made directly to the department. This bill would also require all regional center contracts be amended by July 1, 2011, to include the new provisions. This bill would allow a regional center employee who files a complaint with the regional center pertaining to certain prohibited acts to file a copy of the complaint signed under penalty of perjury, with the department. Additionally, a person who retaliates against a regional center employee who has made a protected disclosure, as defined, shall be guilty of a misdemeanor punishable by a fine, imprisonment, or both, and shall, in a civil action, be liable for damages, as prescribed. By creating additional crimes, the bill would constitute a state-mandated local program. Existing law requires that specified information and records obtained in the course of intake, assessment, and the provision of services for persons with developmental disabilities and the provision of voluntary or involuntary services to persons with a mental illnesses remain confidential, with certain specified exceptions. This bill would allow the release of the above information to the department for purposes of conducting an investigation pursuant to the bill. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. From Senate committee without further action.

  2. From committee: Do pass, and re-refer to Com. on RLS. Re-referred. (Ayes 3. Noes 1.) (August 10).

  3. In committee: Set, second hearing. Hearing canceled at the request of author.

  4. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HUMAN S.

  5. In committee: Testimony taken. Hearing postponed by committee.

  6. In committee: Set, first hearing.

  7. Re-referred to Com. on HUMAN S.

  8. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  9. (Page 3409.)

  10. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c).

  11. Read second time and amended. Ordered returned to second reading.

  12. To second reading.

  13. From inactive file.

  14. To inactive file on motion of Senator Romero.

  15. Read second time. To third reading.

  16. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  17. Read second time, amended, and re-referred to Com. on APPR.

  18. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 9. Noes 2.) (July 7).

  19. Re-referred to Com. on E., U., & C.

  20. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  21. Referred to Com. on RLS.

  22. In Senate. Read first time. To Com. on RLS. for assignment.

  23. Read third time, passed, and to Senate. (Ayes 77. Noes 0. Page 1841.)

  24. Read second time. To third reading.

  25. From committee: Do pass. (Ayes 17. Noes 0.) (May 28).

  26. In committee: Set, first hearing. Referred to APPR. suspense file.

  27. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 15. Noes 0.) (April 27).

  28. Re-referred to Com. on U. & C.

  29. From committee chair, with author's amendments: Amend, and re-refer to Com. on U. & C. Read second time and amended.

  30. Referred to Com. on U. & C.

  31. From printer. May be heard in committee March 27.

  32. Read first time. To print.

Sponsors

  • Committee on Accountability and Administrative Review · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Committee on Accountability and Administrative Review

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass as amended, and re-refer to the Committee on Appropriations.

Passed 9 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 6200
Republican 1000
Total 9200
% of votes cast 82%18%0%0%
How each member voted (11)
Member Party Vote
Lowenthal — Yea
Corbett — Yea
Kehoe — Yea
Simitian — Yea
Benoit — Nay
Cox — Nay
Wright — Yea
Wiggins — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 435 DE LA TORRE Assembly Third Reading

Passed 89 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 83003
Democratic 3000
Republican 3000
Total 89003
% of votes cast 97%0%0%3%
How each member voted (92)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Coto — Yea
Davis — Yea
Duvall — Yea
Bill — Yea
Tom — Yea
Evans — Yea
Feuer — Yea
Charles — Yea
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Garrick — Yea
Gilmore — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hagman — Yea
Hall — Yea
Fletcher — Yea
Fong — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Harkey — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Jeffries — Yea
Knight — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Cook — Not Voting
Logue — Yea
Mendoza — Yea
Bass — Yea
Block — Not Voting
Monning — Yea
Nava — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Krekorian — Yea
Lieu — Yea
Ma — Yea
Miller — Yea
Nestande — Yea
Nielsen — Yea
Price — Yea
Skinner — Yea
Solorio — Yea
Emmerson — Yea
Eng — Yea
DeVore — Yea
Yamada — Not Voting
Furutani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 20000
Democratic 1000
Republican 1000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)
Member Party Vote
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Hall — Yea
Harkey — Yea
Krekorian — Yea
Ammiano — Yea
Duvall — Yea
Miller — Yea
Nielsen — Yea
Price — Yea
Solorio — Yea
Skinner — Yea
Torlakson — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on Appropriations.

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Democratic 1000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Carter — Yea
Tom — Yea
Berryhill — Yea
Fuller — Yea
Duvall — Yea
Furutani — Yea
Krekorian — Yea
Skinner — Yea
Smyth — Yea
Blakeslee — Yea
Buchanan — Yea
Huffman — Yea
Swanson — Yea
Torrico — Yea
Fuentes — Yea
Fong, Mike Democratic Yea

Official roll call →

Subjects

public-safety healthcare labor
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Frequently asked questions

What does AB 435 do?
Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to allocate funds to private nonprofit regional centers for the provision of community services and support for persons with developmental disabilities and their families. Existing law sets forth the duties of regional centers, including, but not limited to, development of individual program plans, the purchase of needed services and supports to implement the plan, and the monitoring of services. Existing law authorizes the department to adopt and enforce conflict-of-interest regulations to ensure that members of the governing board, program policy committees, and employees of regional centers make decisions that are in the best interest of consumers and the families of consumers. Existing law authorizes the department to enter into 5-year contracts with regional centers, subject to annual appropriation of funds by the Legislature. The contracts will specify that each regional center include annual performance objectives that will meet certain standards. If a regional center fails to meet the performance standards, the department will require corrective action. This bill would require, not later than July 1, 2011, that each contract with a regional center include steps the regional center will take to provide notice to staff and consumers that confidential reports of improper regional center activity, as defined, can be made directly to the department. This bill would also require all regional center contracts be amended by July 1, 2011, to include the new provisions. This bill would allow a regional center employee who files a complaint with the regional center pertaining to certain prohibited acts to file a copy of the complaint signed under penalty of perjury, with the department. Additionally, a person who retaliates against a regional center employee who has made a protected disclosure, as defined, shall be guilty of a misdemeanor punishable by a fine, imprisonment, or both, and shall, in a civil action, be liable for damages, as prescribed. By creating additional crimes, the bill would constitute a state-mandated local program. Existing law requires that specified information and records obtained in the course of intake, assessment, and the provision of services for persons with developmental disabilities and the provision of voluntary or involuntary services to persons with a mental illnesses remain confidential, with certain specified exceptions. This bill would allow the release of the above information to the department for purposes of conducting an investigation pursuant to the bill. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 435?
AB 435 is sponsored by Committee on Accountability and Administrative Review.
What is the current status of AB 435?
This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 435?
Track AB 435 free on One Click Politics — get push/email alerts when it moves.

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