Bill Text: CA AB1311 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: State government reports.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 284, Statutes of 2009. [AB1311 Detail]

Download: California-2009-AB1311-Amended.html

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BILL NUMBER: AB 1311	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 20, 2009
	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Members Duvall and Tran

                        FEBRUARY 27, 2009

   An act to amend Sections  12935, 14669, and 14670.12
  8164, 12935, 14669, 14670.12, and 14982  of, and
to repeal Section 8878.97 of, the Government Code, relating to state
government.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1311, as amended, Duvall. State government reports. 
   (1) Existing law requires the Department of General Services to
submit an annual report to the Joint Legislative Budget Committee and
each Member of the Legislature that is required to list specified
information and include detailed information on all items in the
report.  
   This bill would instead require the department to summarize the
information required to be included in the report and would delete
the requirement regarding detailed information.  
   (1) 
    (2)  Existing law requires the State Architect to, by
January 10 of each year, provide the Joint Legislative Budget
Committee and the chairpersons of the fiscal committees in each house
of the Legislature a listing of expenditures for activities relating
to local government buildings, as specified.
   This bill would repeal this requirement. 
   (2) 
    (3)  Existing law gives the Fair Employment and Housing
Commission specified powers and duties, including issuing
publications and results of inquiries and research that, in its
judgment, will tend to promote good will and minimize or eliminate
unlawful discrimination, as specified.
   This bill would repeal this provision. 
   (3) 
    (4)  Existing law requires the Director of General
Services to, by March 1 of each year, prepare and submit to the
Legislature, as specified, a report listing all leases entered into
in the prior calendar year with an option to purchase with another
public or private entity that involve office space.
   This bill would repeal that requirement. 
   (4) 
    (5) Existing law authorizes the Director of General
Services to lease any real property owned by the state not exceeding
5 acres for a period not to exceed 25 years to governmental entities
to further the state's mission to provide emergency services.
Existing law requires the director to report annually to the
Legislature concerning this authority.
   This bill would repeal this reporting requirement. 
    (6) Existing law authorizes the Department of General Services to
enter into exclusive or nonexclusive contracts on a bid or
negotiated basis with manufacturers and suppliers of single source or
multisource drugs. The department is required to submit an annual
report on activities that have been, or will be, undertaken pursuant
to those provisions.  
   This bill would repeal the requirement for that annual report.

   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.    Section 8164 of the  
Government Code   is amended to read: 
   8164.  Commencing January 1, 1979, the department shall report to
the Joint Legislative Budget Committee and each Member of the
Legislature annually. The report shall  list by 
 summa   rize all of the following: 
    (a)     Leases by  the state to others
for residential or commercial purposes in the Capitol area 
;sales or   . 
    (b)     Sales or  building
construction initiated or completed by the state in the metropolitan
area expenditures under authority of Section 8169.1, by type 
;transactions and   . 
    (c)    Transactions and  operations of
joint powers agencies under authority of Section 8169.4, since the
last report  and shall set forth the department's 
 . 
    (d)     The department's  appraisal of
the degree to which  such   these 
projects conform to the Capitol Area Plan.  The report shall
include detailed information on all such items. 
   SECTION 1.   SEC. 2.   Section 8878.97
of the Government Code is repealed.
   SEC. 2.   SEC. 3.   Section 12935 of the
Government Code is amended to read:
   12935.  The commission shall have the following functions, powers,
and duties:
   (a) To adopt, promulgate, amend, and rescind suitable rules,
regulations, and standards (1) to interpret, implement, and apply all
provisions of this part, (2) to regulate the conduct of hearings
held pursuant to Sections 12967 and 12981, and (3) to carry out all
other functions and duties of the commission pursuant to this part.
   (b) To conduct hearings pursuant to Sections 12967 and 12981.
   (c) To conduct mediations at the request of the department at any
time after a complaint is filed pursuant to Section 12960, 12961, or
12980. The department may withdraw a request for mediation at any
time to pursue an investigation.
   (d) To establish and maintain a principal office within the state
and to meet and function at any place within the state.
   (e) To appoint an executive secretary, and any attorneys and other
employees as it may deem necessary, fix their compensation within
the limitations provided by law, and prescribe their duties.
   (f) To hold hearings, subpoena witnesses, compel their attendance,
administer oaths, examine any person under oath and, in connection
therewith, to require the production of any books or papers relating
to any matter under investigation or in question before the
commission.
   (g) To create or provide financial or technical assistance to any
advisory agencies and conciliation councils, local or otherwise, as
in its judgment will aid in effectuating the purposes of this part,
and to empower them to study the problems of discrimination in all or
specific fields of human relationships or in particular instances of
employment discrimination on the bases enumerated in this part or in
specific instances of housing discrimination because of race,
religious creed, color, national origin, ancestry, familial status,
disability, marital status, sex, or sexual orientation and to foster,
through community effort or otherwise, good will, cooperation, and
conciliation among the groups and elements of the population of the
state and to make recommendations to the commission for the
development of policies and procedures in general. These advisory
agencies and conciliation councils shall be composed of
representative citizens, serving without pay.
   (h) With respect to findings and orders made pursuant to this
part, to establish a system of published opinions that shall serve as
precedent in interpreting and applying the provisions of this part.
Commission findings, orders, and opinions in an adjudicative
proceeding are subject to Section 11425.60.
   (i) Notwithstanding Sections 11370.3 and 11502, to appoint
administrative law judges, as it may deem necessary, to conduct
hearings and mediations. Each administrative law judge shall possess
the qualifications established by the State Personnel Board for the
particular class of position involved. The hearing officers of the
commission shall become administrative law judges on the effective
date of this subdivision.
   SEC. 3.   SEC. 4.   Section 14669 of the
Government Code is amended to read:
   14669.  (a) The director may hire, lease, lease-purchase, or lease
with the option to purchase any real or personal property for the
use of any state agency, including the Department of General
Services, if he or she deems the hiring or leasing is in the best
interests of the state.
   (b) The director shall not enter into a lease-purchase agreement
that involves office space, unless specifically authorized to do so
by the Legislature. The director shall solicit written bids for any
lease-purchase that involves office space in a newspaper of general
circulation in the county in which the project is located. All bids
received shall be publicly opened and the lease awarded to the lowest
responsible bidder. If the director deems the acceptance of the
lowest responsible bid is not in the best interest of the state, he
or she may reject all bids.
   SEC. 4.   SEC. 5.   Section 14670.12 of
the Government Code is amended to read:
   14670.12.  Notwithstanding Section 14670, and with the consent of
the state agency concerned, the director may let any real property
owned by the state not exceeding five acres for a period not to
exceed 25 years, to governmental entities to further the state's
mission for providing emergency services, if he or she deems it to be
in the best interest of the state.
   SEC. 6.    Section 14982 of the   Government
Code   is amended to read: 
   14982.  (a) It is the intent of the Legislature that the
Department of General Services, University of California, and the
Public Employees' Retirement System regularly meet and share
information regarding each agency's procurement of prescription drugs
in an effort to identify and implement opportunities for cost
savings in connection with this procurement. It is the intent of the
Legislature that the University of California and the Public
Employees' Retirement System cooperate with the department in order
to reduce each agency's costs for prescription drugs.
   (b) The department shall do all of the following:
   (1) Share information on a regular basis with the University of
California and the Public Employees' Retirement System regarding each
agency's procurement of prescription drugs, including, but not
limited to, prices paid for the same or similar drugs and information
regarding drug effectiveness.
   (2) Identify opportunities for the department, the University of
California, and the Public Employees' Retirement System to
consolidate drug procurement or engage in other joint activities that
will result in cost savings in the procurement of prescription
drugs.
   (3) Participate in at least one independent association that
develops information on the relative effectiveness of prescription
drugs.
   (4) Develop strategies, in consultation with the affected
agencies, for the state to achieve savings through greater use of
generic drugs.
   (5) No later than January 1, 2006, and annually thereafter,
develop a workplan that includes, but is not limited to, a
description of the department's annual activities to reduce the state'
s costs for prescription drugs and an estimate of cost savings.

   (6) No later than January 10, 2006, and annually thereafter,
report to the Chairperson of the Joint Legislative Budget Committee
and the chairs of the fiscal committees of the Legislature and the
appropriate policy committees of the Legislature on activities that
have been, or will be, undertaken pursuant to this chapter. The
report shall include, but not be limited to, all of the following:
 
   (A) The number and a description of contracts entered into with
manufacturers and suppliers of drugs pursuant to Section 14977.1,
including any discounts, rebates, or refunds obtained. 

   (B) The number and a description of entities that elect to
participate in the coordinated purchasing program pursuant to Section
14977.5.  
   (C) A description of any joint activities of the department, the
University of California, and the Public Employees' Retirement System
in the last 12 months in connection with procurement of prescription
drugs.  
   (D) Other options and strategies that have been, or will be,
implemented pursuant to this chapter.  
   (E) Estimated costs and savings attributable to activities that
have been, or will be, undertaken pursuant to this chapter. 

   (F) The workplan that the department is required to develop
pursuant to paragraph (5). 
   (c) Nothing in this section shall be construed to require sharing
of information that is prohibited by any other provision of law or
contractual agreement, or the disclosure of information that may
adversely affect potential drug procurement by any state agency.