BILL NUMBER: AB 1311 CHAPTERED
BILL TEXT
CHAPTER 284
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE AUGUST 27, 2009
PASSED THE ASSEMBLY AUGUST 31, 2009
AMENDED IN SENATE JULY 8, 2009
AMENDED IN SENATE JULY 2, 2009
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 8164, 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, 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.
(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.
(3) 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) 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.
(5) 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.
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 summarize all of the
following:
(a) Leases by the state to others for residential or commercial
purposes in the Capitol area.
(b) Sales or building construction initiated or completed by the
state in the metropolitan area expenditures under authority of
Section 8169.1, by type.
(c) Transactions and operations of joint powers agencies under
authority of Section 8169.4, since the last report.
(d) The department's appraisal of the degree to which projects
conform to the Capitol Area Plan.
SEC. 2. Section 8878.97 of the Government Code is repealed.
SEC. 3. 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. 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. 5. 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.
(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.