BILL NUMBER: SB 268 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 6, 2014
AMENDED IN SENATE MARCH 18, 2013
INTRODUCED BY Senator Gaines
FEBRUARY 13, 2013
An act to amend Section 170.1 of the Code of Civil
Procedure, and to amend Sections 56100.1, 84101, 84103, 84108,
84203.3, 84215, 84216, 84218, 84300, 84602, 84605, 85500, 89511.5,
89513, and 90002 of, to repeal Sections 82036, 82036.5, 84200.5,
84200.6, 84200.7, 84200.8, 84200.9, 84202.3, 84202.5, 84202.7, 84203,
84203.5, 84204, 84204.5, 84205, 84206, 84209, 84211, 84216.5, 84220,
and 85309 of, to repeal Article 2.5 (commencing with Section 84250)
of Chapter 4 of Title 9 of, and to repeal and add Section 84200 of,
the Government Code, relating to the Political Reform Act of 1974.
An act to add Section 32132.7 to the Health and Safety
Code, relating to health care districts, and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 268, as amended, Gaines. Political Reform Act of 1974.
Health care districts: public contracts:
design-build.
The Local Health Care District Law provides for local health care
districts which govern certain health care facilities. Each health
care district has specific duties and powers respecting the creation,
administration, and maintenance of the districts, including to
purchase, receive, take, hold, lease, use, and enjoy property of
every kind and description of property within the district.
The Local Agency Public Construction Act establishes bidding
procedures for the award of construction contracts by local agencies.
The act authorizes counties, with the approval of the board of
supervisors, to use a design-build procedure for building contracts
in excess of $2,500,000.
This bill would authorize the Last Frontier Health Care District
to use this design-build process when contracting for the
construction of a building and improvements directly related to a
hospital or health facility building at the Modoc Medical Center.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the Last Frontier Health Care
District.
This bill would declare that it is to take effect immediately as
an urgency statute.
The Political Reform Act of 1974 requires candidates and
committees to file specified campaign finance reports, including
semiannual statements, preelection statements, supplemental
preelection statements, and late contribution reports, that include
prescribed campaign finance information. A knowing and willful
violation of these provisions is a crime.
This bill would repeal the requirements to file these reports and
would, instead, require that a candidate or committee who makes or
receives a contribution of $100 or more to report that contribution
to specified filing officers within 24 hours of receiving the
contribution. The bill would require a candidate or committee making
the contribution to report his, her, or its full name and address,
the full name and address of the recipient, the office sought by the
candidate or the ballot measure, as appropriate, and the date and
amount of the contribution. The bill would require the recipient of
the contribution to report his, her, or its full name and address,
the date and amount of the contribution, whether the contribution is
in the form of a loan, and the full name of the contributor, and his
or her street address, occupation, and employer or the name of the
business, if self-employed.
The bill would require a candidate or committee that makes an
expenditure of $100 or more to report the expenditure to specified
filing officers within 24 hours. The bill would require the candidate
or committee making the expenditure to report his, her, or its full
name and street address, the amount of the expenditure, the full name
and street address for the person to whom the expenditure was made,
and a brief description of the consideration for which the
expenditure was made. The bill would require the disclosure of
additional information if the expenditure is a contribution to a
candidate, elected officer, or committee or an independent
expenditure to support or oppose a candidate or measure.
The bill would require a candidate or committee who is required to
report a contribution or expenditure to the Secretary of State to
file that report online or by electronic transmission only.
The bill would also make conforming changes.
By increasing the duties of local government officials and
expanding the scope of an existing crime, this bill would impose a
state-mandated local program.
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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
The Political Reform Act of 1974, an initiative measure, provides
that the Legislature may amend the act to further the act's purposes
upon a 2/3 vote of each house and compliance with specified
procedural requirements.
This bill would declare that it furthers the purposes of the act.
Vote: 2/3. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares
both of the following:
(1) Utilizing a design-build contract requires a clear
understanding of the roles and responsibilities of each participant
in the process.
(2) Cost benefits for health care districts are achieved by
shifting the liability and risk for cost containment and project
completion to the design-build entity.
(b) It is the intent of the Legislature that the design-build
process be used by health care districts solely for buildings
associated with hospitals and health care and not for other
infrastructure, including, but not limited to, streets, highways,
public rail transit, roads, bridges, water resources facilities, and
related infrastructure.
SEC. 2. Section 32132.7 is added to the
Health and Safety Code , to read:
32132.7. (a) Notwithstanding Section 32132 or any other law, upon
approval by the board of directors of the Last Frontier Health Care
District, the design-build procedure described in Section 20133 of
the Public Contract Code may be used to assign contracts for the
construction of a building or improvements directly related to
construction of a hospital or health facility building at the Modoc
Medical Center.
(b) For purposes of this section, all references in Section 20133
of the Public Contract Code to "county" and "board of supervisors"
shall mean the Last Frontier Health Care District and its board of
directors.
(c) A hospital building project utilizing the design-build process
authorized by subdivision (a) shall be reviewed and inspected in
accordance with the standards and requirements of the Alfred E.
Alquist Hospital Facilities Seismic Safety Act of 1983 (Chapter 1
(commencing with Section 129675) of Part 7 of Division 107).
SEC. 3. The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances of the
Last Frontier Health Care District.
SEC. 4. 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 comply with health regulations and meet increasing
demand for health care services, it is necessary that this act take
effect immediately. All matter omitted in this version of the
bill appears in the bill as amended in the Senate, March 18, 2013.
(JR11)