Assembly Bill No. 248
CHAPTER 797

An act to amend Sections 14670.1 and 20405 of the Government Code, to amend Section 1267.11 of the Health and Safety Code, and to amend Sections 14110.6, 19008.5, 19502, 19503, 19504, and 19725 of, and to repeal Section 4509 of, the Welfare and Institutions Code, relating to individuals with disabilities.

[ Approved by Governor  October 13, 2023. Filed with Secretary of State  October 13, 2023. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 248, Mathis. Individuals with disabilities: The Dignity for All Act.
Existing law includes the terms “mentally retarded persons,” “mentally retarded children,” “retardation,” and “handicap.”
This bill, The Dignity for All Act, would make nonsubstantive changes to those provisions to eliminate this obsolete terminology. The bill would repeal obsolete provisions of law.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 This act shall be known, and may be cited, as The Dignity for All Act.

SEC. 2.

 Section 14670.1 of the Government Code is amended to read:

14670.1.
 Notwithstanding Section 14670, the Director of General Services, with the consent of the State Department of State Hospitals, may let to a nonprofit corporation, for the purpose of conducting an educational and work program for individuals with intellectual or developmental disabilities, and for a period not to exceed 50 years, real property not exceeding 10 acres located within the grounds of the Napa State Hospital.
The lease authorized by this section shall be nonassignable and shall be subject to periodic review every five years. This review shall be made by the Director of General Services, who shall do both of the following:
(a) Assure the state that the original purposes of the lease are being carried out.
(b) Determine what, if any, adjustment should be made in the terms of the lease.
The lease shall also provide for an initial capital outlay by the lessee of thirty thousand dollars ($30,000) prior to January 1, 1976. Such capital outlay may be, or may have been, contributed before or after the effective date of the act adding this section.

SEC. 3.

 Section 20405 of the Government Code is amended to read:

20405.
 (a) “State safety member” shall also include officers and employees of the Department of Corrections and Rehabilitation in the following classifications:
Classification
Code
Classification
0683
Assistant Dairy Operator
2156
Assistant Food Manager (Correctional Facility)
4302
Assistant General Manager, Operations
2080
Assistant Seamer (Correctional Facility)
5447
Assistant Warden, Psychiatric Services,
Correctional Facility
6868
Automobile Mechanic (Correctional Facility)
6394
Automotive Equipment Operator I (Correctional
Facility)
6392
Automotive Equipment Operator II (Correctional
Facility)
6893
Automotive Pool Manager I (Correctional Facility)
2224
Baker I (Correctional Facility)
2221
Baker II (Correctional Facility)
2086
Barber (Correctional Facility)
2084
Barbershop Manager (Correctional Facility)
6216
Building Maintenance Worker (Correctional
Facility)
2245
Butcher–Meat Cutter II (Correctional Facility)
6483
Carpenter I (Correctional Facility)
6474
Carpenter II (Correctional Facility)
6471
Carpenter III (Correctional Facility)
2015
Chief Assistant General Manager, Prison Industries
4110
Chief, Day Labor Programs (Correctional Facility)
9344
Chief Dentist, Correctional Facility
2578
Chief Deputy, Clinical Services, Correctional
Facility
6699
Chief Engineer I (Correctional Facility)
7547
Chief Medical Officer, Correctional Facility
6754
Chief of Plant Operation I (Correctional Facility)
6751
Chief of Plant Operation II (Correctional Facility)
6748
Chief of Plant Operation III (Correctional
Facility)
9267
Chief Physician and Surgeon, Correctional Facility
7612
Chief Psychiatrist, Correctional Facility
9859
Chief Psychologist, Correctional Facility
7146
Chief, Quality Assurance, Prison Industries
9279
Clinical Dietician, Correctional Facility
9293
Clinical Laboratory Technologist, Correctional
Facility
4132
Construction Supervisor (Correctional Facility)
4107
Construction Supervisor I (Correctional Facility)
4108
Construction Supervisor II (Correctional Facility)
4109
Construction Supervisor III (Correctional Facility)
2187
Cook I (Correctional Facility)
2186
Cook II (Correctional Facility)
7208
Correctional Business Manager I, Department of
Corrections
4744
Correctional Business Manager II, Department of
Corrections
4910
Correctional Health Services Administrator I,
Correctional Facility
4912
Correctional Health Services Administrator II,
Correctional Facility
6304
Correctional Plant Manager I, Department of
Corrections
6305
Correctional Plant Manager II, Department of
Corrections
6303
Correctional Plant Supervisor, Department of
Corrections
9296
Dental Assistant, Correctional Facility
9298
Dental Hygienist, Correctional Facility
9299
Dental Laboratory Technician, Correctional
Facility
9268
Dentist, Correctional Facility
7200
Dry Cleaning Plant Supervisor
6544
Electrician I (Correctional Facility)
6538
Electrician II (Correctional Facility)
6534
Electrician III (Correctional Facility)
6916
Electronics Technician (Correctional Facility)
6865
Equipment Maintenance Supervisor (Correctional
Facility)
2153
Food Administrator I (Correctional Facility)
2147
Food Administrator II (Correctional Facility)
2150
Food Manager (Correctional Facility)
2196
Food Service Worker I (Correctional Facility)
2195
Food Service Worker II (Correctional Facility)
6955
Fusion Welder (Correctional Facility)
6628
Glazier (Correctional Facility)
0743
Groundskeeper (Correctional Facility)
6826
Heavy Equipment Mechanic (Correctional
Facility)
6379
Heavy Truck Driver (Correctional Facility)
9307
Hospital Aid, Correctional Facility
7218
Industrial Supervisor, Prison Industries (Bindery)
0648
Industrial Supervisor, Prison Industries (Crop
Farm)
0682
Industrial Supervisor, Prison Industries (Dairy)
7204
Industrial Supervisor, Prison Industries (Dental
Laboratory)
7198
Industrial Supervisor, Prison Industries (Fabric
Products)
7211
Industrial Supervisor, Prison Industries (Knit
Goods Finishing)
7210
Industrial Supervisor, Prison Industries
(Knitting Mill)
2109
Industrial Supervisor, Prison Industries (Laundry)
7215
Industrial Supervisor, Prison Industries
(Maintenance and Repair)
7197
Industrial Supervisor, Prison Industries (Mattress
and Bedding)
7191
Industrial Supervisor, Prison Industries (Metal
Fabrication)
7216
Industrial Supervisor, Prison Industries (Printing)
7207
Industrial Supervisor, Prison Industries (Shoe
Manufacturing)
7206
Industrial Supervisor, Prison Industries (Shoes
and Boots, Lasting to Packing)
7321
Industrial Supervisor, Prison Industries
(Silkscreen)
7192
Industrial Supervisor, Prison Industries (Tool
and Die)
7179
Industrial Supervisor, Prison Industries
(Upholstery)
7178
Industrial Supervisor, Prison Industries (Wood
Products)
2006
Janitor (Correctional Facility)
2005
Janitor Supervisor I (Correctional Facility)
2004
Janitor Supervisor II (Correctional Facility)
2000
Janitor Supervisor III (Correctional Facility)
9265
Laboratory Assistant, Correctional Facility
2727
Language, Speech and Hearing Specialist
2114
Laundry Supervisor I (Correctional Facility)
2111
Laundry Supervisor II (Correctional Facility)
2117
Laundry Worker (Correctional Facility)
6867
Lead Automobile Mechanic (Correctional Facility)
0720
Lead Groundskeeper (Correctional Facility)
0718
Lead Groundskeeper I (Correctional Facility)
2952
Librarian (Correctional Facility)
6643
Locksmith I (Correctional Facility)
6801
Machinist (Correctional Facility)
6941
Maintenance Mechanic (Correctional Facility)
6617
Mason (Correctional Facility)
1508
Materials and Stores Supervisor I (Correctional
Facility)
1505
Materials and Stores Supervisor II (Correctional
Facility)
8217
Medical Technical Assistant, Correctional
Facility
9273
Nurse Anesthetist, Correctional
Facility
9353
Nurse Instructor, Correctional Facility
9278
Nurse Practitioner, Correctional Facility
9280
Occupational Therapist, Correctional Facility
7971
Optometrist, Correctional Facility
6528
Painter I (Correctional Facility)
6524
Painter II (Correctional Facility)
6521
Painter III (Correctional Facility)
7199
Pest Control Technician (Correctional
Facility)
9281
Physical Therapist I, Correctional Facility
9342
Physical Therapist II, Correctional Facility
9269
Physician and Surgeon, Correctional Facility
6550
Plumber I (Correctional Facility)
6594
Plumber II (Correctional Facility)
6545
Plumber III (Correctional Facility)
7972
Podiatrist (Correctional Facility)
1575
Prison Canteen Manager I
1576
Prison Canteen Manager II
7158
Prison Industries Administrator
7157
Prison Industries Manager (General)
7164
Prison Industries Manager (Metal Products)
7165
Prison Industries Manager (Textile Products)
7163
Prison Industries Manager (Wood Products)
0679
Prison Industries Superintendent I (Agriculture)
0617
Prison Industries Superintendent II (Agriculture)
7217
Prison Industries Superintendent II (Bindery)
7109
Prison Industries Superintendent I (Coffee
Roasting and Grinding)
7203
Prison Industries Superintendent I (Dental
Laboratory)
7202
Prison Industries Superintendent II (Dental
Laboratory)
7170
Prison Industries Superintendent II (Detergent)
7350
Prison Industries Superintendent I (Egg
Production)
7194
Prison Industries Superintendent I (Fabric
Products)
7195
Prison Industries Superintendent II (Fabric
Products)
7351
Prison Industries Superintendent I (Fiberglass
Products)
7352
Prison Industries Superintendent I (Furniture
Refurbishing)
7209
Prison Industries Superintendent II (Knitting Mill)
2108
Prison Industries Superintendent II (Laundry)
7154
Prison Industries Superintendent II (Maintenance
and Repair)
7196
Prison Industries Superintendent II (Mattress and
Bedding)
7189
Prison Industries Superintendent I (Metal
Products)
7190
Prison Industries Superintendent II (Metal
Products)
7214
Prison Industries Superintendent II (Printing)
7205
Prison Industries Superintendent II (Shoe
Manufacturing)
7320
Prison Industries Superintendent I (Silkscreen)
7319
Prison Industries Superintendent II (Silkscreen)
7175
Prison Industries Superintendent I (Wood
Products)
7172
Prison Industries Superintendent II (Wood
Products)
4760
Procurement and Services Officer I (Correctional
Facility)
4761
Procurement and Services Officer II (Correctional
Facility)
7162
Product Engineering Technician, Prison Industries
7156
Production Manager I, Prison Industries
1793
Property Controller I (Correctional Facility)
1794
Property Controller II (Correctional Facility)
9282
Psychiatric Social Worker, Correctional Facility
9283
Psychologist–Clinical, Correctional
Facility
9284
Psychology Associate, Correctional Facility
9354
Psychology Internship Director, Correctional
Facility
9285
Psychometrist, Correctional Facility
9274
Public Health Nurse I, Correctional Facility
9345
Public Health Nurse II, Correctional Facility
7145
Quality Assurance Manager, Prison Industries
3080
Quality Control Technician, Prison Industries
(Cleaning Products)
9315
Radiologic Technologist, Correctional Facility
9286
Recreation Therapist, Correctional Facility
6715
Refrigeration Engineer (Correctional Facility)
9275
Registered Nurse, Correctional Facility
2734
Resource Specialist, Special Education
9316
Respiratory Care Practitioner, Correctional
Facility
9854
School Psychologist
2077
Seamer (Correctional Facility)
9348
Senior Clinical Laboratory Technologist,
Correctional Facility
9266
Senior Laboratory Assistant, Correctional Facility
2945
Senior Librarian (Correctional Facility)
8215
Senior Medical Technical Assistant
9346
Senior Occupational Therapist, Correctional
Facility
9270
Senior Psychiatrist, Correctional Facility
(Specialist)
9271
Senior Psychiatrist, Correctional Facility
(Supervisor)
9289
Senior Psychologist, Correctional Facility
9287
Senior Psychologist, Correctional Facility
(Specialist)
9288
Senior Psychologist, Correctional Facility
(Supervisor)
9350
Senior Radiologic Technologist, Correctional
Facility (Specialist)
9351
Senior Radiologic Technologist, Correctional
Facility (Supervisor)
7562
Sheet Metal Worker (Correctional Facility)
6211
Skilled Laborer (Correctional Facility)
9911
Social Worker, Youth Authority
9272
Staff Psychiatrist, Correctional Facility
9290
Staff Psychologist-Clinical, Correctional Facility
6713
Stationary Engineer (Correctional Facility)
6718
Stationary Engineer Apprentice (Four-Year
Program) (Correctional Facility)
6557
Steamfitter Supervisor (Correctional Facility)
3082
Substitute Academic Teacher (Correctional
Facility)
9349
Supervising Clinical Laboratory Technologist,
Correctional Facility
2183
Supervising Cook I (Correctional Facility)
2182
Supervising Cook II (Correctional Facility)
0716
Supervising Groundskeeper II (Correctional
Facility)
2044
Supervising Housekeeper I (Correctional Facility)
2940
Supervising Librarian (Correctional Facility)
9276
Supervising Psychiatric Nurse, Correctional
Facility
9291
Supervising Psychiatric Social Worker I,
Correctional Facility
9292
Supervising Psychiatric Social Worker II,
Correctional Facility
9317
Supervising Registered Nurse I, Correctional
Facility
9318
Supervising Registered Nurse II, Correctional
Facility
9319
Supervising Registered Nurse III, Correctional
Facility
9910
Supervising Social Worker I, Youth Authority
9908
Supervising Social Worker II, Youth Authority
2305
Supervisor of Academic Instruction (Correctional
Facility)
6763
Supervisor of Building Trades (Correctional
Facility)
2384
Supervisor of Commercial Diver Training
2303
Supervisor of Correctional Education Programs
2370
Supervisor of Vocational Instruction
9277
Surgical Nurse I, Correctional Facility
9329
Surgical Nurse II, Correctional Facility
3073
Teacher (Adaptive Physical Education)
(Correctional Facility)
2286
Teacher (Cerebral Palsied Children)
(Correctional Facility)
2287
Teacher (Elementary-Multiple Subjects)
(Correctional Facility)
2288
Teacher (Emotionally/Learning Handicapped)
(Correctional Facility)
3075
Teacher (English Language Development)
(Correctional Facility)
2297
Teacher (Ethnic Studies) (Correctional Facility)
2289
Teacher (Family Life Education) (Correctional
Facility)
2373
Teacher (Hearing Impaired) (Correctional
Facility)
2284
Teacher (High School-Arts and Crafts)
(Correctional Facility)
2285
Teacher (High School-Business Education)
(Correctional Facility)
3074
Teacher (High School-English/Language Arts)
(Correctional Facility)
3076
Teacher (High School-Foreign Language)
(Correctional Facility)
2290
Teacher (High School-General Education)
(Correctional Facility)
2291
Teacher (High School-Home Economics)
(Correctional Facility)
3077
Teacher (High School-Mathematics) (Correctional
Facility)
2294
Teacher (High School-Music) (Correctional
Facility)
2295
Teacher (High School-Physical Education)
(Correctional Facility)
3078
Teacher (High School-Science) (Correctional
Facility)
3079
Teacher (High School-Social Science)
(Correctional Facility)
2298
Teacher (Librarian) (Correctional Facility)
2292
Teacher (Children with Intellectual or Developmental Disabilities)
(Correctional Facility)
2371
Teacher (Speech Development and Correction)
(Correctional Facility)
6400
Teaching Assistant (Correctional Facility)
7201
Tobacco Factory Superintendent
7560
Tractor Operator-Laborer (Correctional Facility)
6382
Truck Driver (Correctional Facility)
6772
Utility Shops Supervisor (Correctional Facility)
2387
Vocational Instructor (Airframe Mechanics)
(Correctional Facility)
2853
Vocational Instructor (Animal Husbandry)
(Correctional Facility)
2396
Vocational Instructor (Auto Body and Fender
Repair) (Correctional Facility)
2398
Vocational Instructor (Auto Mechanics)
(Correctional Facility)
2399
Vocational Instructor (Baking) (Correctional
Facility)
2400
Vocational Instructor (Bookbinding) (Correctional
Facility)
2854
Vocational Instructor (Building Maintenance)
(Correctional Facility)
2417
Vocational Instructor (Carpentry)
(Correctional Facility)
2419
Vocational Instructor (Commercial Diver
Training) (Correctional Facility)
2855
Vocational Instructor (Computer and Related
Technologies) (Correctional Facility)
2420
Vocational Instructor (Cosmetology) (Correctional
Facility)
2422
Vocational Instructor (Culinary Arts)
(Correctional Facility)
2869
Vocational Instructor (Dental Technology)
(Correctional Facility)
2856
Vocational Instructor (Diesel Mechanics)
(Correctional Facility)
2423
Vocational Instructor (Dog Grooming and
Handling) (Correctional Facility)
2425
Vocational Instructor (Drycleaning Works)
(Correctional Facility)
2857
Vocational Instructor (Drywall Installer/Taper)
(Correctional Facility)
2426
Vocational Instructor (Electrical Work)
(Correctional Facility)
2428
Vocational Instructor (Electronics) (Correctional
Facility)
2688
Vocational Instructor (Eyewear Manufacturing)
(Correctional Facility)
2429
Vocational Instructor (Fire Science) (Correctional
Facility)
2858
Vocational Instructor (Floor Cover Layer)
(Correctional Facility)
2431
Vocational Instructor (Furniture Refinishing and
Repair) (Correctional Facility)
2432
Vocational Instructor (Garment Making)
(Correctional Facility)
2433
Vocational Instructor (Heavy Equipment Repair)
(Correctional Facility)
2597
Vocational Instructor (Household Appliance
Repair) (Correctional Facility)
2598
Vocational Instructor (Industrial Arts)
(Correctional Facility)
2599
Vocational Instructor (Instrument Repair)
(Correctional Facility)
2600
Vocational Instructor (Janitorial Service)
(Correctional Facility)
2601
Vocational Instructor (Landscape Gardening)
(Correctional Facility)
2611
Vocational Instructor (Laundry Work)
(Correctional Facility)
2614
Vocational Instructor (Machine Shop
Practice) (Correctional Facility)
2615
Vocational Instructor (Masonry) (Correctional
Facility)
2619
Vocational Instructor (Meat Cutting)
(Correctional Facility)
2627
Vocational Instructor (Mechanical Drawing)
(Correctional Facility)
2628
Vocational Instructor (Merchandising)
(Correctional Facility)
2630
Vocational Instructor (Mill and Cabinet Work)
(Correctional Facility)
2674
Vocational Instructor (Office Machine Repair)
(Correctional Facility)
2849
Vocational Instructor (Office Services and Related
Technologies) (Correctional Facility)
2640
Vocational Instructor (Offset Printing)
(Correctional Facility)
2644
Vocational Instructor (Painting) (Correctional
Facility)
2645
Vocational Instructor (Plastering) (Correctional
Facility)
2661
Vocational Instructor (Plumbing) (Correctional
Facility)
2665
Vocational Instructor (Powerplant Mechanics)
(Correctional Facility)
2666
Vocational Instructor (Printing) (Correctional
Facility)
2667
Vocational Instructor (Radiologic Technology)
(Correctional Facility)
2668
Vocational Instructor (Refrigeration and
Air-conditioning Repair) (Correctional Facility)
2850
Vocational Instructor (Roofer) (Correctional
Facility)
2669
Vocational Instructor (Sewing Machine Repair)
(Correctional Facility)
2670
Vocational Instructor (Sheet Metal Work)
(Correctional Facility)
2671
Vocational Instructor (Shoemaking) (Correctional
Facility)
2672
Vocational Instructor (Silk Screening Process)
(Correctional Facility)
2851
Vocational Instructor (Small Engine Repair)
(Correctional Facility)
2673
Vocational Instructor (Storekeeping and
Warehousing) (Correctional Facility)
5415
Vocational Instructor (Telemarketing/Customer
Service) (Correctional Facility)
2675
Vocational Instructor (Upholstering) (Correctional
Facility)
2676
Vocational Instructor (Vocational Nursing)
(Correctional Facility)
2677
Vocational Instructor (Welding)
(Correctional Facility)
1504
Warehouse Manager I (Correctional Facility)
1502
Warehouse Manager II (Correctional Facility)
6221
Warehouse Worker (Correctional Facility)
6724
Water and Sewage Plant Supervisor
(Correctional Facility)
2311
Youth Authority Teacher
(b) In addition, “state safety member” shall also include officers and employees of the Department of Corrections and Rehabilitation in any classification of Vocational Instructor, Industrial Supervisor, Industrial Superintendent, Assistant Industrial Superintendent, or Production Manager II (Prison Industries) that is established on or after January 1, 1984, if the Department of Human Resources and the State Personnel Board approve the inclusion of the classification.
(c) “State safety member” shall also include officers and employees in parenthetical specialty classes when the core class has already been expressly included in the state safety membership category if the Department of Human Resources and the State Personnel Board approve the inclusion of the classifications. The inclusion shall not be effective until notice of the inclusion has been received by the board.
(d) Any of these officers or employees in employment on the operative date of an amendment to this section and who becomes a state safety member as a result of that amendment, may elect by a writing filed with the board prior to 90 days after notification by the board, to be restored to their previous status as a state industrial member. Upon the filing of the election the member shall cease to be a state safety member, and their rights and obligations shall be restored prospectively and retroactively to the operative date of that amendment.

SEC. 4.

 Section 1267.11 of the Health and Safety Code is amended to read:

1267.11.
 Each intermediate care facility/developmentally disabled-habilitative shall designate direct care staff persons to supervise the direct care services to clients for at least 56 hours per week. The hours of these supervisory staff persons shall be applied against the total number of direct care hours required in regulations developed by the department pursuant to Section 1267.7. These supervisory staff persons shall, at a minimum, meet one of the following criteria:
(a)  Possession of a valid vocational nurse or psychiatric technician license issued by the Board of Vocational Nurse and Psychiatric Technician Examiners.
(b)  Completion of at least 30 college or university units in education, social services, behavioral sciences, health sciences, or related fields, and six months experience providing direct services to developmentally disabled persons.
(c)  Eighteen months experience providing direct services to developmentally disabled persons while under the supervision of a person who meets the requirements of a professional as defined in regulations promulgated pursuant to Section 1267.7.

SEC. 5.

 Section 4509 of the Welfare and Institutions Code is repealed.

SEC. 6.

 Section 14110.6 of the Welfare and Institutions Code is amended to read:

14110.6.
 (a) The director shall adopt regulations, establishing payment rates for nursing facilities, intermediate care facilities/developmentally disabled, and intermediate care facilities/developmentally disabled-habilitative as defined in Section 1250 of the Health and Safety Code, which are sufficient to provide an increase of one dollar and ninety-six cents ($1.96) per patient day for patients receiving skilled nursing services, one dollar and fifty-eight cents ($1.58) per patient day, for patients receiving intermediate care services, two dollars and twenty-nine cents ($2.29) per patient day for intermediate care facilities/developmentally disabled patients, to be used for wage increases and benefits to all employees, except a licensed nursing home administrator or an administrator-in-training and two dollars and thirty-five cents ($2.35) per patient day for intermediate care facilities/developmentally disabled-habilitative patients in facilities with 4 to 6 beds, and one dollar and ninety-eight cents ($1.98) per patient day for intermediate care facilities/developmentally disabled-habilitative patients in facilities with 7 to 15 beds, to be used for wage increases and benefits to all direct care staff. However, if either (1) the entry level wages of the lowest paid nonadministrative employee of a nursing facility, intermediate care facility/developmentally disabled, or intermediate care facility/developmentally disabled-habilitative, exceeds six dollars ($6) per hour as of August 1, 1984; or (2) upon the election of a county board of supervisors, for any nursing facility, intermediate care facility/developmentally disabled, or intermediate care facility/developmentally disabled-habilitative, which is operated by a county, the funds received pursuant to regulations adopted pursuant to this section shall be used solely for labor costs directly related to providing patient care services in order to meet patients’ needs including the uses of funds provided for under subdivision (d) of Section 14110.7. Any increase in wages and benefits required by this section shall be in addition to any future mandatory increases required by federal or state law. The rate shall provide funding for the portion of additional costs necessary to implement the wage and benefit increase required by this section attributable to Medi-Cal patients. The portion of those additional costs shall be the same as the ratio of Medi-Cal patients to the total number of patients in the facility. These regulations shall be adopted, effective March 15, 1985, for skilled nursing facilities, intermediate care facilities, and intermediate care facilities/developmentally disabled, and by October 1, 1985, for intermediate care facilities/developmentally disabled-habilitative. Commencing October 1, 1990, these requirements shall become operative for nursing facilities.
(b) Each nursing facility or intermediate care facility/developmentally disabled, or, for the period prior to October 1, 1990, each skilled nursing facility or intermediate care facility, shall certify all of the following:
(1) All employees, except a licensed nursing home administrator or an administrator-in-training of a licensed nursing home, shall receive at least the prevailing federal or state minimum wage rate plus the average hourly wage increase established pursuant to Chapter 19 of the Statutes of 1978, and this section.
(2) All employees of the facility, except a licensed administrator or administrator-in-training, shall be paid not less than the sum of the employee’s actual rate of pay as of the effective date of the Medi-Cal rate increase provided for under Section 14110.7 plus the amount of the adjustment specified pursuant to this section, or not less than the applicable agreed to rate plus the amount of the adjustment, whichever is greater.
(3) Any wage increase required pursuant to Section 1268.5 of the Health and Safety Code, is in addition to any minimum wages provided in this section.
(4) For purposes of determining the amount of Medi-Cal funds to be distributed for employee wages and benefits, the total Medi-Cal patient days recorded by the facility in the month of December 1983 shall be multiplied by the amount per patient day specified in subdivision (a) plus the amount provided by Chapter 19 of the Statutes of 1978. The new wage levels shall be determined by dividing the Medi-Cal funds received by the nonovertime hours worked by covered employees in December 1983, plus any adjustments due to additional employees as specified in Section 14110.7 and adjustments to reflect employee benefit allowances.
(c) Each intermediate care facility/developmentally disabled-habilitative shall certify all of the following:
(1) All direct care staff, as defined in the department’s regulations developed pursuant to Section 1267.7 of the Health and Safety Code, shall receive at least the prevailing federal or state minimum wage plus the average hourly wage increase pursuant to this section.
(2) For purposes of determining the amount of Medi-Cal funds to be distributed for intermediate care facilities/developmentally disabled-habilitative for employee wages and benefits, the total Medi-Cal patient days in the month of December 1984, shall be multiplied by the amount per patient day specified in subdivision (a). The new wage level shall be determined by dividing the Medi-Cal funds received by the nonovertime hours by covered direct care employees in December 1984, and adjustments to reflect employee benefit allowances.
(d) The director shall order the inspection of relevant payroll and personnel records of facilities which are reimbursed for Medi-Cal patients under the rate of reimbursement established pursuant to subdivision (a) to ensure that the wage and benefit increases provided for have been implemented.
(e) The department shall, commencing August 1, 1999, increase the Medi-Cal reimbursement for level A and level B nursing facilities solely to provide funds for salaries, wages, and benefits increases for direct care staff. For the purposes of this subdivision, “direct care staff” means registered nurses, licensed vocational nurses, and nurse assistants, who provide direct patient care. The amount of funds to be provided to each level A and level B facility pursuant to this subdivision shall be calculated on a per-patient-day basis, and shall be added to the per diem rate paid to each facility. The amount of funds provided under this subdivision to each nursing facility peer group shall be published in a Medi-Cal provider bulletin. Level A and level B facilities shall compensate their registered nurses, licensed vocational nurses, and nurse assistants that portion of the rate increase provided under this subdivision in the form of salaries, wages, and benefits increases for their direct care staff. The total amount to be passed through by each facility shall be the per diem amount received by the facility pursuant to this subdivision times the facility’s number of Medi-Cal patient days.
(f) Subject to an appropriation for this purpose in the Budget Act of 2000, in addition to the increase specified in subdivision (e), the department shall, commencing August 1, 2000, increase the Medi-Cal reimbursement rate for nursing facilities, intermediate care facilities/developmentally disabled, intermediate care facilities/developmentally disabled-habilitative, and intermediate care facilities/developmentally disabled-nursing solely to provide funds for salaries, wages, and benefits increases for direct care staff and other staff, subject to all of the following:
(1) For purposes of this subdivision, “direct care staff in nursing facilities” means the following:
(A) Registered nurses and licensed vocational nurses, when employed in the performance of direct care to patients.
(B) Employees in the nurse assistant classification employed in the performance of direct care to patients at a freestanding or distinct-part nursing facility, including job titles such as nursing aide, aide, practical nurse, orderly, nurse assistant, and certified nurse assistant.
(C) Employees performing respiratory therapy services for Medi-Cal pediatric subacute patients, including job titles such as respiratory care practitioner, respiratory technician, respiratory therapist inhalation technician, and inhalation therapist.
(2) For purposes of this subdivision, “direct care staff in intermediate care facilities/developmentally disabled, intermediate care facilities/developmentally disabled-habilitative, and intermediate care facilities/developmentally disabled-nursing” means all of the following:
(A) A qualified intellectual disability professional employed in the performance of direct care to patients.
(B) Lead personnel employed in the performance of direct care to patients. Lead personnel described in this subparagraph shall not be considered to be supervisory.
(C) Employees in the nurse assistant classification employed in the performance of direct care to patients at a freestanding or distinct-part nursing facility, including job titles such as nurse assistants and aides.
(D) Other nonsupervisory staff providing direct patient care.
(E) Registered nurses and licensed vocational nurses, if employed in the performance of direct care to patients.
(3) For purposes of paragraphs (1) and (2), “direct care staff” shall not include registered nurses or other personnel performing supervisory functions or housekeeping or maintenance staff in any facility.
(4) For purposes of this subdivision, “other staff” means all of the following personnel:
(A) Linen and laundry staff.
(B) Plant operations and maintenance staff.
(C) Housekeeping staff.
(D) Dietary staff.
(5) (A) The amount of funds to be provided to each facility pursuant to this subdivision shall be added to the per diem rate paid to each facility on a per-patient-day basis.
(B) The per diem amount of funds provided to each facility type and peer group pursuant to this subdivision shall be published in a Medi-Cal provider bulletin. Nursing facilities that are part of an acute care hospital and subacute facilities shall be notified of their per diem amount provided pursuant to this subdivision in a separate letter to each facility.
(6) (A) Facilities receiving funds pursuant to this subdivision shall compensate staff that portion of the rate increase provided pursuant to this subdivision in the form of salaries, wages, and benefits increases. The total amount to be passed through pursuant to this subdivision by each facility shall be the per diem amount received by the facility pursuant to this subdivision multiplied by the facility’s number of Medi-Cal patient days.
(B) Each direct care and other staff employee classification shall receive a portion of the rate increase provided pursuant to this subdivision in the form of an increase in salary, wage, and benefits. The facility may allocate the amounts that each classification may receive, but the amount shall not be nominal or zero.
(C) Funds passed through pursuant to this subdivision for purposes of salary, wages, or benefits increases may not be used for any salary, wage, or benefit increase that were committed to by a facility prior to August 1, 2000, nor may these funds be used for any salaries, wages, or benefits that the facility would have paid in the absence of this subdivision.
(D) Funds passed through pursuant to this subdivision for purposes of salary, wages, or benefits increases may not be distributed to direct care and other staff in the form of bonuses. These funds may, however, be used to provide retroactive pay increases if those wage increases also increase the employee’s base salary rate.
(7) The base from which direct care and other staff salaries, wages, and benefits shall be increased shall be the aggregate per hour salaries, wages, and benefits for the period of August 1, 1999, to July 31, 2000, inclusive.
(8) The department may inspect relevant payroll and personnel records of facilities receiving funds pursuant to this subdivision in order to ensure that the salary, wage, and benefit increases provided for pursuant to this subdivision have been implemented.
(9) Each facility receiving funds from the department, or from a county organized health system described in paragraph (10) pursuant to this subdivision shall certify on the form provided by the department that these funds were expended for increased direct care and other staff salary, wages, and benefits increases in accordance with this subdivision. The facility shall return the form to the department by October 1, 2001. The facility shall submit a copy of the completed form to all collective bargaining agents with whom the facility has collective bargaining agreements for direct care and other staff at the facility.
(10) County organized health systems contracting with the department pursuant to Article 2.8 (commencing with Section 14087.5) and Article 7 (commencing with Section 14490) of Chapter 8 shall certify to the department, in a manner to be specified by the department, that the August 1, 2000, wage pass-through funds, received pursuant to this section in the form of capitated rate payments, were passed through to the facilities described in this subdivision.
(g) Any facility which is paid under the rate provided for in subdivision (a), (e), or (f) which the director finds has not made the wage and benefit increases provided for shall be liable for the amount of funds paid to the facility based upon the wage and benefit requirements provided for by this section but not distributed to employees for wages and benefits, plus a penalty equal to 10 percent of the funds not so distributed. The facility shall be subject to Section 14107.

SEC. 7.

 Section 19008.5 of the Welfare and Institutions Code is amended to read:

19008.5.
 (a) The department is authorized to solicit and accept gifts, contributions, and grants from any source, public or private, to establish, implement, and maintain an awards program.
(b)  (1) There is hereby established the Public Awards Fund, which is continuously appropriated, without regard to fiscal years, for the purpose of this section.
(2) The director may receive contributions pursuant to this section and deposit them in the Public Awards Fund for use pursuant to subdivision (c).
(3) Sections 11005 and 16302 of the Government Code shall not apply to funds under this section.
(c) In order to achieve the public policy of the State of California, as specified in Section 19000, the director may present awards to those employers, architects, clients, ex-clients, Californians with disabilities nominated or selected for the Hall of Fame, and other persons whose superior cooperation and contributions to the employment of persons with disabilities deserve special recognition.

SEC. 8.

 Section 19502 of the Welfare and Institutions Code is amended to read:

19502.
 Orientation centers shall provide for short periods of intensive personal and prevocational orientation for blind persons, and for specific vocational training. The program of orientation centers shall include such training as techniques of daily living, techniques of travel, physical conditioning, sensory training, instruction in braille, instruction in skills for persons with disabilities, typing, and business principles and methods, and shall provide for social and vocational diagnostic testing and individual counseling.

SEC. 9.

 Section 19503 of the Welfare and Institutions Code is amended to read:

19503.
 The Director of Rehabilitation shall appoint an administrator for each orientation center for the blind who shall administer and supervise the program at the center in accordance with this article and under the supervision of the Director of Rehabilitation. The administrator of each orientation center for the blind shall be either a sighted or visually impaired person and shall have all of the following minimum qualifications:
(a) Four years of full time, paid experience working in a program for the education or rehabilitation of adults who are legally blind, with emphasis on nonvisual living techniques, including, but not limited to, daily living, mobility, and communication skills. At least two years’ experience shall have been in a supervisory or administrative capacity.
(b) Proficiency in Braille as a second language.
(c) Education equivalent to graduation from college with a bachelor’s degree. Additional qualifying experience may be substituted on a year-for-year basis.

SEC. 10.

 Section 19504 of the Welfare and Institutions Code is amended to read:

19504.
 The staff of an orientation center shall be composed of persons trained to assist blind persons in achieving social and economic independence, and whose qualifications include successful experience in teaching blind persons. The staff shall include as large a proportion as is practicable of visually impaired persons who have achieved outstanding success in adjustment to their disability.

SEC. 11.

 Section 19725 of the Welfare and Institutions Code is amended to read:

19725.
 (a) For the purpose of providing self-employment opportunities for clients with severe disabilities of the Department of Rehabilitation who are determined by the department to be eligible for such a program, the authorized officials of any county, city, city and county, or other political subdivision of the state may enter into appropriate written agreements with the Department of Rehabilitation providing for the installation and operation of business facilities on property owned or occupied by the various political subdivisions. The Business Development Services Section of the Department of Rehabilitation shall supervise the operation of such facilities. The department shall promulgate rules and regulations relating to the establishment and operation of the business facilities.
(b) For the purpose of this section, business facilities shall not include vending stands or food service facilities authorized by the Business Enterprise for the Blind Program established by Article 5 (commencing with Section 19625) of Chapter 6 of Part 2 of Division 10 of the Welfare and Institutions Code, and nothing in this section shall be construed to affect in any way the Business Enterprises for the Blind Program.