BILL NUMBER: SB 1009	CHAPTERED  10/10/99

	CHAPTER   751
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 7, 1999
	PASSED THE SENATE   SEPTEMBER 8, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 7, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 3, 1999
	AMENDED IN ASSEMBLY   JUNE 8, 1999
	AMENDED IN SENATE   APRIL 7, 1999

INTRODUCED BY   Senators Ortiz and Perata

                        FEBRUARY 26, 1999

   An act to amend Section 104187 of, and to add Sections 104181.5,
104182.5, 104182.7, and 104187.5 to, the Health and Safety Code,
relating to cancer research.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1009, Ortiz.  Cancer research.
   Under existing law, the State Department of Health Services is
responsible for the administration and oversight of various health
care programs.
   Existing law establishes the Cancer Research Fund in the State
Treasury, provides that the moneys in the fund shall be expended for
purposes of cancer research, as defined, and provides that the State
Department of Health Services may contract with nonprofit
organizations, foundations, or public entities to administer the
Cancer Research Program.
   Existing law requires the program to be administered in accordance
with certain principles, including, but not limited to, the
requirement that the department work closely with, and seek the
advice of, the Cancer Research Council, consisting of 16 members.
   This bill would revise the procedures for administration of the
program and would limit the allocation of funds according to a
formula for the use of funds for various specified types of cancer
research.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 104181.5 is added to the Health and Safety
Code, to read:
   104181.5.  The department, in awarding grants under this program,
shall not encumber money allocated in any fiscal year other than the
fiscal year in which the appropriation was made beginning with
nonobligated 2000-01 fiscal year funds, subject to receiving
multiyear spending authority for those funds.
  SEC. 2.  Section 104182.5 is added to the Health and Safety Code,
to read:
   104182.5.  Not less than a majority of the appointed members of
the Cancer Research Council shall be present and voting for approval
and selection of research priorities under Section 104185 and
ultimate recommendations to the State Department of Health Services
regarding grantmaking decisions.
  SEC. 3.  Section 104182.7 is added to the Health and Safety Code,
to read:
   104182.7.  (a) The department shall grant a minimum of 65 percent
of any fiscal year appropriation that is awarded for research to
cancer research proposals directly researching gender-specific
cancers.
   (b) Any amount of funding for gender-specific cancer research for
any fiscal year, to the extent the amount is below the threshold
minimum allocation for any fiscal year established pursuant to
subdivision (a), shall be carried forward, upon approval of the
council for the following fiscal year or years for gender-specific
cancer research, to the extent allowed by the limitations on the
appropriated funds subject to that allocation.  Funding allocations
carried over from any fiscal year under this subdivision shall be in
addition to the funding allocation for gender-specific cancer
research for fiscal years to which the additional allocation is
transferred pursuant to this subdivision.
  SEC. 4.  Section 104187 of the Health and Safety Code is amended to
read:
   104187.  The State Department of Health Services shall do all of
the following:
   (a) Provide overall coordination of the program.
   (b) Provide staff assistance to the program and council.
   (c) Develop administrative procedures relative to the
solicitation, review, and awarding of grants to ensure an impartial,
high-quality peer review system.
   (d) Recruit and supervise research review panels.  The membership
of these panels shall vary depending on the subject matter of
proposals and review requirements, and shall draw on the most
qualified individuals.  The work of the review panels shall be
administered pursuant to policies and procedures established for the
implementation of the program.  In order to avoid conflicts of
interest and to ensure access to qualified reviewers, the department
may utilize reviewers not only from California but also from outside
the state.  When serving on review panels, institutions,
corporations, or individuals who have submitted grant applications
for funding by this program shall be governed by conflict-of-interest
provisions consistent with Section 52h.5 of Title 42 of the Code of
Federal Regulations governing scientific review of research grant
applications, and any applicable conflict-of-interest provisions in
state law.  Any appointed member of the Cancer Research Council shall
be ineligible to apply for or receive funding for cancer research
from the Cancer Research Program during his or her term of service on
the council, and for one cycle immediately following his or her term
of service on the council, if the council member helped plan that
subsequent cycle.
   (e) Provide for periodic program evaluation to ensure that
research funded is consistent with program goals.
   (f) Disseminate grant moneys within 60 days of notification of the
award and maintain a system of financial reporting and
accountability.  Grant moneys disseminated pursuant to this
subdivision shall be available for expenditure for a period of three
years beginning with funds appropriated in the 1998-99 fiscal year.
   (g) Provide for the systematic dissemination of research results
to the public and the health care community, including work to
produce public service advertising on screening and research results,
and provide for a mechanism to disseminate the most current research
findings in the areas of cause and prevention, cure, diagnosis, and
treatment of cancer, in order that these findings may be applied to
the planning, implementation, and evaluation of any cancer-related
programs of the department.
   (h) Develop policies and procedures to facilitate the translation
of research results into commercial, alternate technological, and
other applications wherever appropriate and consistent with state and
federal law.
   (i) Transmit, on or before December 31, 1998, and annually on or
before each December 31 thereafter, a report to the Legislature on
grants made, grants in progress, program accomplishments, and future
program directions.  Each report shall include, but not be limited
to, all of the following information:
   (1) The number and dollar amounts of research grants, including
the amount allocated to indirect costs.
   (2) The subject of research grants.
   (3) The relationship between federal and state funding for cancer
research.
   (4) The relationship between each project and the overall strategy
of the research program.
   (5) A summary of research findings, including discussion of
promising new areas.
   (6) The corporations, institutions, and campuses receiving grant
awards.
  SEC. 5.  Section 104187.5 is added to the Health and Safety Code,
to read:
   104187.5.  Peer review panels, in reviewing proposals for cancer
research, may recommend the awarding of a grant to a cancer research
proposal on the condition that a single adjustment or correction be
made before the receipt of funding under this article.