BILL NUMBER: AB 1829 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 11, 2008
AMENDED IN SENATE JULY 1, 2008
AMENDED IN ASSEMBLY APRIL 7, 2008
AMENDED IN ASSEMBLY MARCH 10, 2008
INTRODUCED BY Assembly Member Ma
JANUARY 22, 2008
An act to amend Section 10333 of the Public Contract
Code, relating to public contracts. An act to amend
Section 123493 of the Health and Safety Code, and to repeal Section 7
of Chapter 878 of the Statutes of 2006, relating to perinatal
services, making an appropriation therefor, and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1829, as amended, Ma. Public contracts: purchasing
authority delegation: audits. Nurse-Family Partnership
program.
Existing law provides for a voluntary nurse home visiting grant
program, administered and implemented by the State Department of
Public Health, for purposes of making grants to eligible
participating counties for the provision of voluntary registered
nurse home visiting services for expectant first-time, low-income
mothers, their children, and their families.
Existing law provides that the department shall only distribute
these grants if the Director of Finance determines, in writing, that
there are sufficient funds from private donations available in the
California Families and Children Account, which is continuously
appropriated to the department, for expenditure for the purposes of
the program. Existing law provides that if, as of January 1, 2009,
the Director of Finance determines there are insufficient funds on
deposit in the account to implement the program, the account shall
cease to exist.
This bill would extend to January 1, 2011, the date on which the
Director of Finance would have to determine whether insufficient
funds exist in the account. To the extent that this would extend the
existence of a continuously appropriated fund, this bill would make
an appropriation.
This bill would declare that it is to take effect immediately as
an urgency statute.
Existing law requires the Department of General Services to
establish a program for delegating its authority to acquire goods to
a state agency that designates an officer responsible for the agency'
s purchasing program, establishes written policies and procedures,
establishes policies for training personnel, and reports data as
required. Existing law requires the Department of General Services to
audit each state agency at least once in each 3-year period.
This bill would instead require the Department of General Services
to audit each state agency at least once in each 10-year period and
to establish the audit program's priorities based on a risk-based
planning process conducted by professional audit staff that
prioritizes audit selection according to described standards. This
bill would additionally require the department, on or before January
1, 2011, to report to the appropriate legislative committees on the
results of risk-based auditing.
Vote: majority 2/3 . Appropriation:
no yes . Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 123493 of the Health
and Safety Code is amended to read:
123493. (a) The department may accept voluntary contributions, in
cash or in-kind, to pay for the costs in the implementation of the
program under Section 123492. These private donations shall be
deposited into the California Families and Children Account, which is
hereby created in the State Treasury, in which, notwithstanding
Section 13340 of the Government Code, is hereby continuously
appropriated to the department for purposes of implementing Section
123492. No state funds shall be used in implementing Section 123492.
(b) The department shall only distribute grants established under
Section 123492 if the Director of Finance determines, in writing,
that there are sufficient funds from private donations available in
the account for expenditure for the purposes of the program.
(c) The department's administration costs shall not exceed 5
percent of the moneys in the account created under subdivision (a).
Any costs to the department incurred prior to the account receiving
funds shall be reimbursed to the department from funds in the
account.
(d) The department shall not apply for grants or solicit private
funds.
(e) If, as of January 1, 2009 2011 ,
the Director of Finance determines pursuant to subdivision (a) that
there are insufficient funds on deposit in the account to implement
the voluntary nurse home visiting grant program, the account shall
cease to exist.
SEC. 2. Section 7 of Chapter 878 o f
the Statutes of 2006 is repealed.
Sec. 7. If there are not sufficient funds on
deposit in the California Families and Children Account, established
pursuant to subdivision (a) of Section 123493 of the Health and
Safety Code by January 1, 2009, the account shall cease to exist.
SEC. 3. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to prevent the closure of a program that has proven
successful in supporting new mothers and children, bringing down the
incidence of drug and alcohol addiction, and lowering rates of
domestic violence it is necessary this act take affect immediately.
SECTION 1. Section 10333 of the Public Contract
Code is amended to read:
10333. (a) The department shall delegate purchasing authority, as
specified in Section 10332, to any state agency that does all of the
following:
(1) Designates an agency officer as responsible and directly
accountable for the agency's purchasing program.
(2) Establishes written policies and procedures, including
procedures for ensuring and documenting competitive purchasing,
complying with purchasing standards established pursuant to Section
10307, inspecting acquired products for compliance with
specifications, reporting contractor failures to deliver products as
specified in contracts, ensuring that agency contracting personnel
are free from conflict of interest, and complying with other
provisions of law as the department may require.
(3) Establishes procedures for complying with the provisions of
the Small Business Procurement and Contract Act. The procedures shall
include procedures for meeting the goals for the extent of
participation of small businesses in state contracting as established
by the department pursuant to subdivision (a) of Section 14838 of
the Government Code.
(4) Establishes policies for training personnel in purchasing law
and procedures, controlling and reviewing purchasing practices,
auditing purchasing activities, and delegating purchasing authority
within the agency.
(5) Reports the data to the office that the department may
require.
(b) The department shall conduct an audit of each state agency to
which purchasing authority has been delegated at least once in each
10-year period. The audit program's priorities shall be established
based on a risk-based planning process conducted by professional
audit staff that prioritizes audit selection according to the
standards described in Section 13071 of the Government Code, taking
into account cost limits of delegated purchasing authority, volume of
transactions, dollar amount of transactions, changes in transaction
procedures, increases in transactions, findings from prior audits and
compliance reviews of purchasing, and exposure to risk. The
authority to acquire goods may be withdrawn by the department at any
time that the department finds that the state agency to which
authority has been delegated is not in compliance with the
requirements of this section.
(c) On or before January 1, 2011, the department shall report to
the appropriate legislative committees on the results of risk-based
auditing.