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Warning! This is a not the current version of this legislative bill.
Italicized text includes proposed additions to law or the previous version of the bill.
Struck text includes proposed deletions to law or the previous version of the bill.

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AMENDED IN SENATE APRIL 17, 2012
AMENDED IN SENATE APRIL 9, 2012

INTRODUCED BY Senator Rubio

FEBRUARY 24, 2012

An act to amend Section 8546 of the Government
6145 of the Business and Professions Code, to amend Section
94949 of the Education Code, to amend Sections 6254.14, 8543, 8543.1,
8543.2, 8
543.4, 8544, 8544.2, 8544.3, 8544.5, 8544.6,
8545, 8545.1, 8546, 8546.4, 8546.8, 8546.10, 8547.2, 8548.4, and
54954.5 of the Government Code, to amend Section 130506 of the Health
and Safety Code, to amend Section 1872.83 of the Insurance Code, to
amend Section 5024 of the Penal Code, to amend Section 71560 of the
Public Resources Code, to amend Section 421 of the Public Utilities
Code, and to amend Section 80270 of the Water
Code, relating to
the State Auditor.



LEGISLATIVE COUNSEL'S DIGEST


SB 1395, as amended, Rubio. State Auditor: reporting.
Auditor.
Existing law creates in state government the Bureau of State
Audits under the direction of the Milton Marks "Little Hoover"
Commission on California State Government Organization and Economy.
Existing law provides that the bureau is independent of the executive
branch and legislative control.

This bill would rename the Bureau of State Audits as the State
Auditor's Office. The bill would make nonsubstantive, conforming
changes.

Existing law requires the State Auditor to establish, and annually
report on, an equal employment opportunity program, as specified.

This bill would instead require the State Auditor to report in
every even-numbered year.

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 6145 of the Business
and Professions Code
is amended to read:
6145. (a) The board shall engage the services of an independent
national or regional public accounting firm with at least five years
of experience in governmental auditing for an audit of its financial
statement for each fiscal year. The financial statement shall be
promptly certified under oath by the Treasurer of the State Bar, and
a copy of the audit and financial statement shall be submitted within
120 days of the close of the fiscal year to the board, to the Chief
Justice of the Supreme Court, and to the Assembly and Senate
Committees on Judiciary.
The audit shall examine the receipts and expenditures of the State
Bar and the State Bar sections to ensure that the receipts of the
sections are being applied, and their expenditures are being made, in
compliance with subdivision (a) of Section 6031.5, and that the
receipts of the sections are applied only to the work of the
sections.
The audit also shall examine the receipts and expenditures of the
State Bar to ensure that the funds collected on behalf of the
Conference of Delegates of California Bar Associations as the
independent successor entity to the former Conference of Delegates of
the State Bar are conveyed to that entity, that the State Bar has
been paid or reimbursed for the full cost of any administrative and
support services provided to the successor entity, including the
collection of fees or donations on its behalf, and that no mandatory
dues are being used to fund the activities of the successor entity.
In selecting the accounting firm, the board shall consider the
value of continuity, along with the risk that continued long-term
engagements of an accounting firm may affect the independence of that
firm.
(b) The board shall contract with the Bureau of State
Audits
State Auditor's Office to conduct a
performance audit of the State Bar's operations from July 1, 2000, to
December 31, 2000, inclusive. A copy of the performance audit shall
be submitted by May 1, 2001, to the board, to the Chief Justice of
the Supreme Court, and to the Assembly and Senate Committees on
Judiciary.
Every two years thereafter, the board shall contract with the
Bureau of State Audits State Auditor's Office
to conduct a performance audit of the State Bar's operations
for the respective fiscal year, commencing with January 1, 2002, to
December 31, 2002, inclusive. A copy of the performance audit shall
be submitted within 120 days of the close of the fiscal year for
which the audit was performed to the board, to the Chief Justice of
the Supreme Court, and to the Assembly and Senate Committees on
Judiciary.
For the purposes of this subdivision, the Bureau of State
Audits
State Auditor's Office may contract with
a third party to conduct the performance audit. This subdivision is
not intended to reduce the number of audits the Bureau of
State Audits
State Auditor's Office may
otherwise be able to conduct.
SEC. 2. Section 94949 of the Education
Code
is amended to read:
94949. (a) On or before October 1, 2013, the Legislative Analyst'
s Office shall report to the Legislature and the Governor on the
appropriateness of the exemptions provided in this chapter, with
particular attention to the exemptions provided by Article 4
(commencing with Section 94874) that are based on accreditation. The
report shall examine and make recommendations regarding the degree to
which regional and national accrediting agencies provide oversight
of institutions and protection of student interests, whether that
oversight results in the same level of protection of students as
provided by this chapter, and whether the exemptions provided in
Article 4 (commencing with Section 94874) that are based on
accreditation should be continued, adjusted, or removed.
(b) (1) On or before August 1, 2013, the bureau shall contract
with the Bureau of State Audits State Auditor'
s Office
to conduct a performance audit to evaluate the
effectiveness and efficiency of the bureau's operations, consistent
with the requirements of this chapter, and the Bureau of
State Audits
State Auditor's Office shall report
the results of that audit to the Legislature and the Governor.
(2) The performance audit required by paragraph (1) shall include,
but shall not be limited to, an evaluation of all of the following:
(A) The Student Tuition Recovery Fund, including the adequacy of
its balance; the quality, timeliness, and consistency of claims
processing; and the degree to which it has been, or will be, able to
reimburse tuition for students.
(B) The bureau's enforcement program, including the means by which
the bureau makes students and school employees aware of their
ability to file complaints; the average time for investigating
complaints; the standards for referring complaints to investigation;
the average time to complete investigations; the adequacy of the
bureau's inspections; the bureau's record of imposing discipline; the
bureau's record of initiating investigations based upon publicly
available information; the bureau's record of coordinating with law
enforcement and public prosecutors; and whether the bureau has the
enforcement resources necessary to protect consumers and ensure a
fair and prompt resolution of complaints and investigations for both
students and institutions.
(C) The bureau's efforts with respect to, and extent of
institution compliance with, the public and student disclosure
requirements of this chapter.
(D) Whether the bureau's staffing level and expertise are
sufficient to fulfill its statutory responsibilities.
(c) Bureau staff and management shall cooperate with the
Legislative Analyst's Office and the Bureau of State Audits
State Auditor's Office and shall provide those
agencies with access to data, case files, employees, and information
as those agencies may, in their discretion, require for the purposes
of this section.
SEC. 3. Section 6254.14 of the
Government Code
is amended to read:
6254.14. (a) (1) Except as provided in Sections 6254 and 6254.7,
nothing in this chapter shall be construed to require disclosure of
records of the Department of Corrections and Rehabilitation that
relate to health care services contract negotiations, and that reveal
the deliberative processes, discussions, communications, or any
other portion of the negotiations, including, but not limited to,
records related to those negotiations such as meeting minutes,
research, work product, theories, or strategy of the department, or
its staff, or members of the California Medical Assistance
Commission, or its staff, who act in consultation with, or on behalf
of, the department.
(2) Except for the portion of a contract that contains the rates
of payment, contracts for health services entered into by the
Department of Corrections and Rehabilitation or the California
Medical Assistance Commission on or after July 1, 1993, shall be open
to inspection one year after they are fully executed. In the event
that a contract for health services that is entered into prior to
July 1, 1993, is amended on or after July 1, 1993, the amendment,
except for any portion containing rates of payment, shall be open to
inspection one year after it is fully executed.
(3) Three years after a contract or amendment is open to
inspection under this subdivision, the portion of the contract or
amendment containing the rates of payment shall be open to
inspection.
(4) Notwithstanding any other provision of law, including, but not
limited to, Section 1060 of the Evidence Code, the entire contract
or amendment shall be open to inspection by the Joint Legislative
Audit Committee, the Bureau of State Audits
State Auditor's Office
, and the Legislative Analyst's Office.
The Joint Legislative Audit Committee, the Bureau of State
Audits
State Auditor's Office , and the
Legislative Analyst's Office shall maintain the confidentiality of
the contracts and amendments until the contract or amendment is fully
open to inspection by the public.
(5) It is the intent of the Legislature that confidentiality of
health care provider contracts, and of the contracting process as
provided in this subdivision, is intended to protect the competitive
nature of the negotiation process, and shall not affect public access
to other information relating to the delivery of health care
services.
(b) The inspection authority and confidentiality requirements
established in subdivisions (q), (v), and (y) of Section 6254 for the
Legislative Audit Committee shall also apply to the Bureau
of State Audits
State Auditor's Office and the
Legislative Analyst's Office.
SEC. 4. Section 8543 of the Government
Code
is amended to read:
8543. (a) There is hereby created in state
government the Bureau of State Audits State
Auditor's Office
under the direction of the Milton Marks
"Little Hoover" Commission on California State Government
Organization and Economy. In order to be free of organizational
impairments to independence, the bureau
office
shall be independent of the executive branch and
legislative control.
(b) Notwithstanding any other law, any reference to the "Bureau of
State Audits" or "bureau" shall be deemed to refer to the "State
Auditor's Office."

SEC. 5. Section 8543.1 of the
Government Code
is amended to read:
8543.1. The duties of the Bureau of State Audits
State Auditor's Office are to examine and report
annually upon the financial statements prepared by the executive
branch of the state and to perform other related assignments,
including performance audits, that are mandated by statute. For the
purposes of this chapter "bureau" "office
" means the "Bureau of State Audits,"
"State Auditor's Office, " unless the
context clearly requires otherwise.
SEC. 6. Section 8543.2 of the
Government Code
is amended to read:
8543.2. (a) The head of the bureau office
is the State Auditor, who shall be appointed by the Governor
from a list of three qualified individuals nominated by the Joint
Legislative Audit Committee by a vote of at least a majority of the
committee membership from each house of the Legislature. The term of
any individual appointed as the State Auditor shall be four years.
Any vacancy in the office shall be filled in the same manner provided
by this subdivision for a full term.
(b) As the head of the bureau office
, the State Auditor may establish constituent parts of the
bureau
office to carry out the powers and duties
of the bureau office unless otherwise
specified by law.
(c) The bureau office has a Chief
Deputy State Auditor.
SEC. 7. Section 8543.4 of the
Government Code
is amended to read:
8543.4. In administering the fiscal policies of the
Bureau of State Audits
State Auditor's Office ,
for each fiscal year, the bureau office
shall provide the Department of Finance with the bureau's
office's proposed budget and the Department of
Finance shall include that proposed budget in the Governor's Budget
without modification.
SEC. 8. Section 8544 of the Government
Code
is amended to read:
8544. (a) Consistent with subdivision (i) of Section 8546, the
State Auditor may employ and fix the compensation, in accordance with
Article VII of the California Constitution, of those professional
assistants and technical, clerical, deputy state auditors, and other
officers and employees as he or she deems necessary for the effective
conduct of the work under his or her charge.
(b) In establishing and adjusting classes of positions, and
establishing and adjusting salary ranges for each class of position,
to provide for the continued ability to attract and maintain
qualified individuals within the Bureau of State Audits
State Auditor's Office , consideration shall be
given to the fact that the level of education, experience, knowledge,
and ability required of the employees in the bureau
office is generally higher than that of state
service generally, due to the unique duties and responsibilities
imposed on the bureau office and the
relatively small number of employees.
(c) When fixing compensation for employees, the State Auditor
shall consider prevailing rates for comparable service in other
public employment and private business.
SEC. 9. Section 8544.2 of the
Government Code
is amended to read:
8544.2. Persons employed by the bureau
office
pursuant to Section 8544.1 shall be allowed to enroll in
the Public Employees' Medical and Hospital Care Act contained in
Part 5 (commencing with Section 22751) of Division 5 of Title 2.
SEC. 10. Section 8544.3 of the
Government Code
is amended to read:
8544.3. All persons employed by the bureau
office pursuant to Section 8544.1 who were members of the
Public Employees' Retirement System as of November 3, 1992, shall
retain their existing classification within the system and shall be
considered state miscellaneous members as defined in Section 20014.
SEC. 11. Section 8544.5 of the
Government Code
is amended to read:
8544.5. (a) There is hereby established in the State Treasury the
State Audit Fund. Notwithstanding Section 13340, the State Audit
Fund is continuously appropriated for the expenses of the State
Auditor. There shall be appropriated annually in the Budget Act to
the State Audit Fund, from the General Fund and the Central Service
Cost Recovery Fund, the amount necessary to reimburse the State Audit
Fund for the cost of audits and any other duties to be performed
that are not directly reimbursed under subdivision (c), including for
the cost of any other duties imposed on the bureau by statute. "Cost
of audits or any other duties" means all direct and indirect costs
of conducting the audits or other duties, and any other expenses
incurred by the State Auditor in fulfilling his or her statutory
responsibilities.
(b) With regard to the funds appropriated pursuant to subdivision
(a), upon certification by the State Auditor of estimated costs on a
monthly basis, the Controller shall transfer the amount thus
certified from the General Fund or the Central Service Cost Recovery
Fund, as applicable, to the State Audit Fund. The Controller shall
thereafter issue warrants drawn against the State Audit Fund upon
receipt of claims certified by the State Auditor.
(c) To ensure appropriate reimbursement from federal and special
funds for the costs of the duties performed pursuant to Section
8546.3, the State Auditor may directly bill state agencies for the
costs incurred, subject to the approval of the Director of Finance.
(d) To ensure adequate oversight of the operations of the
bureau
office , the Milton Marks "Little Hoover"
Commission on California State Government Organization and Economy
shall annually obtain the services of an independent public
accountant to audit the State Audit Fund and the operation of the
bureau office to assure
ensure compliance with state law, including
Section 8546. The results of this audit shall be submitted to the
commission and shall be a public record.
(e) To ensure that audits of the Milton Marks "Little Hoover"
Commission on California State Government Organization and Economy
are conducted in conformity with government auditing standards, any
audit of the commission that is required or permitted by law shall be
conducted by the independent public accountant selected pursuant to
subdivision (d).
SEC. 12. Section 8544.6 of the
Government Code
is amended to read:
8544.6. All unreimbursed expenditures of the bureau
office are defined as "administrative costs"
defined in Section 11270.
SEC. 13. Section 8545 of the Government
Code
is amended to read:
8545. The State Auditor shall not destroy any papers or memoranda
used to support a completed audit sooner than three years after the
audit report is released to the public. All books, papers, records,
and correspondence of the bureau office
pertaining to its work are public records subject to Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 and shall be
filed at any of the regularly maintained offices of the State
Auditor, except that none of the following items or papers of which
these items are a part shall be released to the public by the State
Auditor, his or her employees, or members of the commission:
(a) Personal papers and correspondence of any person providing
assistance to the State Auditor when that person has requested in
writing that his or her papers and correspondence be kept private and
confidential. Those papers and correspondence shall become public
records if the written request is withdrawn or upon the order of the
State Auditor.
(b) Papers, correspondence, memoranda, or any substantive
information pertaining to any audit not completed.
(c) Papers, correspondence, or memoranda pertaining to any audit
that has been completed, which papers, correspondence, or memoranda
are not used in support of any report resulting from the audit.
(d) Any survey of public employees that the State Auditor
determines should be kept confidential because the employees have
expressed fear of retaliation by their employer if they respond to
the survey.
SEC. 14. Section 8545.1 of the
Government Code
is amended to read:
8545.1. (a) The State Auditor, and any employee or former
employee of the bureau office , shall
not divulge or make known to any person not employed by the
bureau
office in any manner not expressly
permitted by law any particulars of any record, document, or
information the disclosure of which is restricted by law from release
to the public. This prohibition includes, but is not limited to, the
restrictions on the release of records, documents, or information
set forth in Section 8545.
(b) Subdivision (a) also applies to either of the following:
(1) Any person or business entity that is contracting with or has
contracted with the bureau office and
to the employees and former employees of that person or business
entity.
(2) The officers and employees of and any person or business
entity that is contracting with or has contracted with any state or
local governmental agency or publicly created entity that has
assisted the bureau office in the
course of any audit or investigation or that has received a draft
copy of any report or other draft document from the bureau
office for comment or review.
(c) Any officer, employee, or person who discloses the particulars
of any record, document, or other information in violation of this
section is guilty of a misdemeanor.
SEC. 15. Section 8546 of the Government
Code
is amended to read:
8546. It is the intent of the Legislature that the
Bureau of State Audits
State Auditor's Office
have the independence necessary to conduct all of its audits in
conformity with "Government Auditing Standards" published by the
Comptroller General of the United States and the standards published
by the American Institute of Certified Public Accountants, free from
influence of existing state control agencies that could be the
subject of audits conducted by the bureau
office
. Therefore, all of the following exclusions apply to
the office:
(a) Notwithstanding Section 19790, the State Auditor shall
establish an equal employment opportunity program that shall meet the
criteria and objectives established by the State Personnel Board.
The State Auditor shall report annually to the State Personnel Board
and the commission regarding the program.
(b) Notwithstanding Section 12470, the State Auditor shall be
responsible for maintaining its payroll system. In lieu of audits of
the uniform payroll system performed by the Controller or any other
department, the office shall contract pursuant to subdivision (e) of
Section 8544.5 for an annual audit of its payroll and financial
operations by an independent public accountant.
(c) Notwithstanding Section 13292, the State Auditor is delegated
the authority to establish and administer the fiscal and
administrative policies of the bureau office
in conformity with the State Administrative Manual without
oversight by the Department of Finance, the Department of Information
Technology, or any other state agency.
(d) Notwithstanding Section 11032, the State Auditor may approve
actual and necessary traveling expenses for travel outside the state
for officers and employees of the bureau
office
.
(e) Notwithstanding Section 11033, the State Auditor or officers
and employees of the bureau office may
be absent from the state on business of the state upon approval of
the State Auditor or Chief Deputy State Auditor.
(f) Sections 11040, 11042, and 11043 shall not apply to the
Bureau of State Audits State Auditor's Office
. The State Auditor may employ legal counsel under those terms
that he or she deems necessary to conduct the legal business of, or
render legal counsel to, the State Auditor.
(g) The provisions and definitions of Article 2 (commencing with
Section 11342.510) of Chapter 3.5 of Division 3 shall not be
construed to include the Bureau of State Audits
State Auditor's Office . The State Auditor may adopt
regulations necessary for the operation of the bureau pursuant to the
provisions of the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Division 3), but these regulations
shall not be subject to the review or approval of the Office of
Administrative Law.
(h) The State Auditor shall be exempt from all contract
requirements of the Public Contract Code that require oversight,
review, or approval by the Department of General Services or any
other state agency. The State Auditor may contract on behalf of the
State of California for goods and services that he or she deems
necessary for the furtherance of the purposes of the bureau
office .
(i) (1) Subject to Article VII of the California Constitution, the
State Auditor is delegated the authority to establish and administer
the personnel policies and practices of the Bureau of State
Audits
State Auditor's Office in conformity
with Part 2.6 (commencing with Section 19815) of Division 5 of Title
2 without oversight or approval by the Department of Personnel
Administration.
(2) At the election of the State Auditor, officers and employees
of the bureau office may participate in
benefits programs administered by the Department of Personnel
Administration subject to the same conditions for participation that
apply to civil service employees in other state agencies. For the
purposes of benefits programs administration only, the State Auditor
is subject to the determinations of the department. The
Bureau of State Audits
State Auditor's Office
shall reimburse the Department of Personnel Administration for the
normal administrative costs incurred by the Department of Personnel
Administration and for any extraordinary costs resulting from the
inclusion of the bureau office
employees in these state benefit programs.
SEC. 16. Section 8546.4 of the
Government Code
is amended to read:
8546.4. (a) The State Auditor shall annually issue an auditor's
report based upon the general purpose financial statements included
in the Controller's annual report that is submitted to the Governor
pursuant to Section 12460. The report shall be in accordance with the
"Government Auditing Standards" published by the Comptroller General
of the United States and the standards published by the American
Institute of Certified Public Accountants.
(b) The State Auditor, in the performance of this annual audit and
any other audit or investigation undertaken by the bureau
office , may examine all the financial records,
accounts, and documents of any state agency as defined by Section
11000.
(c) The State Auditor shall rely, to the maximum extent possible,
upon the audits performed by the Controller, the Department of
Finance, internal auditors of state agencies, and independent
contractors. The Director of Finance shall be responsible for
coordinating and providing technical assistance to the internal
auditors of state agencies. Nothing in this article is intended to
reduce or restrict the operations of internal auditors whose review
of internal financial and administrative controls of state agencies
is essential for coordinated audits.
(d) State agencies receiving federal funds shall be primarily
responsible for arranging for federally required financial and
compliance audits. State agencies shall immediately notify the
Director of Finance, the State Auditor, and the Controller when they
are required to obtain federally required financial and compliance
audits. The Director of Finance, the State Auditor, and the
Controller shall coordinate the procurement by state agencies,
including any negotiations with cognizant federal agencies, of
federally required financial and compliance audits.
(e) To prevent duplication of the annual audit conducted by the
State Auditor pursuant to subdivision (a), except for those state
agencies that are required by state law to obtain an annual audit, no
state agency shall enter into a contract for a financial or
compliance audit without prior written approval of the Controller and
the Director of Finance, which approval shall state the reason for
the contract and shall be filed with the State Auditor at least 30
days prior to the award of the contract. No funds appropriated by the
Legislature shall be encumbered for the purpose of funding any
contract for an audit that duplicates the annual financial audit
conducted by the State Auditor.
(f) Notwithstanding any other provision of this article, nothing
in this section shall be construed to limit, restrict, or otherwise
infringe upon the constitutional or statutory authority of the
Controller to superintend the fiscal concerns of the state.
(g) Except as provided in subdivision (b), notwithstanding any
other provision of this article, nothing in this section shall be
construed to limit, restrict, or otherwise infringe upon the
statutory authority of the Director of Finance to supervise the
financial and business policies of the state.

SEC. 17. Section 8546.8 of the
Government Code
is amended to read:
8546.8. Unless the contrary is stated or clearly appears from the
context, any reference to the Auditor General or the Office of the
Auditor General in any statute or contract in effect on the effective
date of this chapter, other than Chapter 4 (commencing with Section
10500), with respect to the performance of audits, shall be construed
to refer to the State Auditor and the Bureau of State
Audits
State Auditor's Office , respectively.
SEC. 18. Section 8546.10 of the
Government Code
is amended to read:
8546.10. (a) The State Auditor may establish a high-risk local
government agency audit program for the purpose of identifying,
auditing, and issuing reports on any local government agency,
including, but not limited to, any city, county, special district, or
any publicly created entity, whether created by the California
Constitution or otherwise, that the State Auditor identifies as being
at high risk for the potential of waste, fraud, abuse, or
mismanagement or that has major challenges associated with its
economy, efficiency, or effectiveness.
(b) In addition to identifying a local government agency as high
risk on the basis of weaknesses identified in audit and investigative
reports produced by the bureau office
, the State Auditor may consult with the Controller, Attorney
General, and other state agencies that have oversight
responsibilities over any local government agency, in identifying
local governments that are at high risk.
(c) The Bureau of State Audits State
Auditor's Office
shall be responsible for the state costs
associated with the high-risk local government agency audit program,
shall conduct the program as funds permit, and shall only conduct the
program to the extent that it does not interfere with duties related
to mandated audits and requests from the Joint Legislative Audit
Committee.
(d) (1) The State Auditor shall notify the Joint Legislative Audit
Committee whenever he or she identifies a local government as at
high risk.
(2) The State Auditor shall provide the Joint Legislative Audit
Committee, at a public hearing of the committee, an annual update of
all audits in progress.
(3) If a local government agency has taken significant corrective
measures for deficiencies identified by the State Auditor, that
agency shall be removed from the high-risk local government agency
audit program.
(e) Notwithstanding the requirements of Section 10231.5, if the
State Auditor establishes the program provided for in this section
and the State Auditor determines that a local agency is at high risk,
the State Auditor shall issue audit reports at least once every two
years with recommendations for improvement in such a local government
so identified.
(f) Audits conducted pursuant to this section shall be approved by
the Joint Legislative Audit Committee.
SEC. 19. Section 8547.2 of the
Government Code
is amended to read:
8547.2. For the purposes of this article, the following terms
have the following meanings:
(a) "Employee" means an individual appointed by the Governor, or
employed or holding office in a state agency as defined by Section
11000, including, for purposes of Sections 8547.3 to 8547.7,
inclusive, an employee of the California State University, or an
individual appointed by the Legislature to a state board or
commission and who is not a Member or employee of the Legislature. In
addition, "employee" means a person employed by the Supreme Court, a
court of appeal, a superior court, or the Administrative Office of
the Courts for the purposes of Sections 8547.3 to 8547.7, inclusive,
and Section 8547.13, except for those provisions of Section 8547.4
concerning notice of adverse action and the State Personnel Board.
"Employee" includes a former employee who met the criteria of this
subdivision during his or her employment.
(b) "Illegal order" means a directive to violate or assist in
violating a federal, state, or local law, rule, or regulation, or an
order to work or cause others to work in conditions outside of their
line of duty that would unreasonably threaten the health or safety of
employees or the public.
(c) "Improper governmental activity" means an activity by a state
agency or by an employee that is undertaken in the performance of the
employee's duties, undertaken inside a state office, or, if
undertaken outside a state office by the employee, directly relates
to state government, whether or not that activity is within the scope
of his or her employment, and that (1) is in violation of any state
or federal law or regulation, including, but not limited to,
corruption, malfeasance, bribery, theft of government property,
fraudulent claims, fraud, coercion, conversion, malicious
prosecution, misuse of government property, or willful omission to
perform duty, (2) is in violation of an Executive order of the
Governor, a California Rule of Court, or any policy or procedure
mandated by the State Administrative Manual or State Contracting
Manual, or (3) is economically wasteful, involves gross misconduct,
incompetency, or inefficiency. For purposes of Sections 8547.4,
8547.5, 8547.7, 8547.10, and 8547.11, "improper governmental activity"
includes any activity by the University of California or by an
employee, including an officer or faculty member, who otherwise meets
the criteria of this subdivision. For purposes of Sections 8547.4,
8547.5, and 8547.13, "improper governmental activity" includes any
activity by the Supreme Court, a court of appeal, a superior court,
or the Administrative Office of the Courts, or by an employee
thereof, who otherwise meets the criteria of this subdivision.
(d) "Person" means an individual, corporation, trust, association,
a state or local government, or an agency or instrumentality of any
of the foregoing.
(e) "Protected disclosure" means a good faith communication,
including a communication based on, or when carrying out, job duties,
that discloses or demonstrates an intention to disclose information
that may evidence (1) an improper governmental activity, or (2) a
condition that may significantly threaten the health or safety of
employees or the public if the disclosure or intention to disclose
was made for the purpose of remedying that condition. Protected
disclosure specifically includes a good faith communication to the
Bureau of State Audits State Auditor's Office
alleging an improper governmental activity and any evidence
delivered to the Bureau of State Audits State
Auditor's Office
in support of the allegation. "Protected
disclosure" also includes, but is not limited to, a complaint made to
the Commission on Judicial Performance.
(f) "State agency" is defined by Section 11000. "State agency"
includes the University of California for purposes of Sections 8547.5
to 8547.7, inclusive, and the California State University for
purposes of Sections 8547.3 to 8547.7, inclusive. Sections 8547.3 to
8547.7, inclusive, shall apply to the Supreme Court, the courts of
appeal, the superior courts, and the Administrative Office of the
Courts in the same manner as they apply to a state agency.
SEC. 20. Section 8548.4 of the
Government Code
is amended to read:
8548.4. The State Auditor shall post the information described in
Section 8548.1 on the Web site of the Bureau of State
Audits
State Auditor's Office .
SEC. 21. Section 54954.5 of the
Government Code
is amended to read:
54954.5. For purposes of describing closed session items pursuant
to Section 54954.2, the agenda may describe closed sessions as
provided below. No legislative body or elected official shall be in
violation of Section 54954.2 or 54956 if the closed session items
were described in substantial compliance with this section.
Substantial compliance is satisfied by including the information
provided below, irrespective of its format.
(a) With respect to a closed session held pursuant to Section
54956.7:
LICENSE/PERMIT DETERMINATION
Applicant(s): (Specify number of applicants)
(b) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: (Specify street address, or if no street address, the
parcel number or other unique reference, of the real property under
negotiation)
Agency negotiator: (Specify names of negotiators attending the
closed session) (If circumstances necessitate the absence of a
specified negotiator, an agent or designee may participate in place
of the absent negotiator so long as the name of the agent or designee
is announced at an open session held prior to the closed session.)
Negotiating parties: (Specify name of party (not agent))
Under negotiation: (Specify whether instruction to negotiator will
concern price, terms of payment, or both)
(c) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.9:
CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
Name of case: (Specify by reference to claimant's name, names of
parties, case or claim numbers)
or
Case name unspecified: (Specify whether disclosure would
jeopardize service of process or existing settlement negotiations)
CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of
Section 54956.9: (Specify number of potential cases)
(In addition to the information noticed above, the agency may be
required to provide additional information on the agenda or in an
oral statement prior to the closed session pursuant to subparagraphs
(B) to (E), inclusive, of paragraph (3) of subdivision (b) of Section
54956.9.)
Initiation of litigation pursuant to subdivision (c) of Section
54956.9: (Specify number of potential cases)
(d) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.95:
LIABILITY CLAIMS
Claimant: (Specify name unless unspecified pursuant to Section
54961)
Agency claimed against: (Specify name)
(e) With respect to every item of business to be discussed in
closed session pursuant to Section 54957:
THREAT TO PUBLIC SERVICES OR FACILITIES
Consultation with: (Specify name of law enforcement agency and
title of officer, or name of applicable agency representative and
title)
PUBLIC EMPLOYEE APPOINTMENT
Title: (Specify description of position to be filled)
PUBLIC EMPLOYMENT
Title: (Specify description of position to be filled)
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: (Specify position title of employee being reviewed)
PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
(No additional information is required in connection with a closed
session to consider discipline, dismissal, or release of a public
employee. Discipline includes potential reduction of compensation.)
(f) With respect to every item of business to be discussed in
closed session pursuant to Section 54957.6:
CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: (Specify names of designated
representatives attending the closed session) (If circumstances
necessitate the absence of a specified designated representative, an
agent or designee may participate in place of the absent
representative so long as the name of the agent or designee is
announced at an open session held prior to the closed session.)
Employee organization: (Specify name of organization representing
employee or employees in question)
or
Unrepresented employee: (Specify position title of unrepresented
employee who is the subject of the negotiations)
(g) With respect to closed sessions called pursuant to Section
54957.8:
CASE REVIEW/PLANNING
(No additional information is required in connection with a closed
session to consider case review or planning.)
(h) With respect to every item of business to be discussed in
closed session pursuant to Sections 1461, 32106, and 32155 of the
Health and Safety Code or Sections 37606 and 37624.3 of the
Government Code:
REPORT INVOLVING TRADE SECRET
Discussion will concern: (Specify whether discussion will concern
proposed new service, program, or facility)
Estimated date of public disclosure: (Specify month and year)
HEARINGS
Subject matter: (Specify whether testimony/deliberation will
concern staff privileges, report of medical audit committee, or
report of quality assurance committee)
(i) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.86:
CHARGE OR COMPLAINT INVOLVING INFORMATION PROTECTED BY FEDERAL LAW

(No additional information is required in connection with a closed
session to discuss a charge or complaint pursuant to Section
54956.86.)
(j) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.96:
CONFERENCE INVOLVING A JOINT POWERS AGENCY (Specify by name)
Discussion will concern: (Specify closed session description used
by the joint powers agency)
Name of local agency representative on joint powers agency board:
(Specify name)
(Additional information listing the names of agencies or titles of
representatives attending the closed session as consultants or other
representatives.)
(k) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.75:
AUDIT BY BUREAU OF STATE AUDITS STATE
AUDITOR'S OFFICE

SEC. 22. Section 130506 of the Health
and Safety Code
is amended to read:
130506. (a) The department shall negotiate drug discount
agreements with manufacturers to provide discounts for single-source
and multiple-source prescription drugs through the program. The
department shall attempt to negotiate the maximum possible discount
for an eligible Californian. The department shall attempt to
negotiate, with each manufacturer, discounts to offer single-source
prescription drugs under the program at a volume weighted average
discount that is equal to or below any one of the following benchmark
prices:
(1) Eighty-five percent of the average manufacturer price for a
drug, as published by the federal Centers for Medicare and Medicaid
Services.
(2) The lowest price provided to any nonpublic entity in the state
by a manufacturer to the extent that the Medicaid best price exists
under federal law.
(3) The Medicaid best price, to the extent that this price exists
under federal law.
(b) The department may require the drug manufacturer to provide
information that is reasonably necessary for the department to carry
out its duties pursuant to this division.
(c) The department shall pursue manufacturer discount agreements
to ensure that the number and type of drugs available through the
program is sufficient to give an eligible Californian a formulary
comparable to the Medi-Cal list of contract drugs, or if this
information is available to the department, a formulary that is
comparable to that provided to CalPERS enrollees.
(d) To obtain the most favorable discounts, the department may
limit the number of drugs available through the program.
(e) The drug discount agreements negotiated pursuant to this
section shall be used to reduce the cost of drugs purchased by
program participants and to fund program costs pursuant to Section
130542.1.
(f) All information reported by a manufacturer to, negotiations
with, and agreements executed with, the department or its third-party
vendor pursuant to this section, shall be considered confidential
and corporate proprietary information. This information shall not be
subject to disclosure under the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code). The Bureau of State Audits
State Auditor's Office and the
Controller shall have access to pricing information in a manner that
is consistent with their access to this information under the
Medi-Cal program and under law. The Bureau of State Audits
State Auditor's Office and the Controller may
use this information only to investigate or audit the administration
of the program. Neither the Bureau of State Audits
State Auditor's Office , the Controller, nor the
department may disclose this information in a form that identifies a
specific manufacturer or wholesaler or prices charged for drugs of
this manufacturer or wholesaler. Information provided to the
department pursuant to subdivision (e) of Section 130530 shall not be
affected by the confidentiality protections established by this
subdivision.
(g) (1) Any pharmacy licensed pursuant to Chapter 9 (commencing
with Section 4000) of Division 2 of the Business and Professions Code
may participate in the program.
(2) Any manufacturer may participate in the program.
SEC. 23. Section 1872.83 of the
Insurance Code
is amended to read:
1872.83. (a) The commissioner shall ensure that the Fraud
Division aggressively pursues all reported incidents of probable
workers' compensation fraud, as defined in Sections 11760 and
11880,and in subdivision (a) of Section 1871.4, and in Section 549 of
the Penal Code, and forwards to the appropriate disciplinary body
the names, along with all supporting evidence, of any individuals
licensed under the Business and Professions Code who are suspected of
actively engaging in fraudulent activity. The Fraud Division shall
forward to the Insurance Commissioner or the Director of Industrial
Relations, as appropriate, the name, along with all supporting
evidence, of any insurer, as defined in subdivision (c) of Section
1877.1, suspected of actively engaging in the fraudulent denial of
claims.
(b) To fund increased investigation and prosecution of workers'
compensation fraud, and of willful failure to secure payment of
workers' compensation, in violation of Section 3700.5 of the Labor
Code, there shall be an annual assessment as follows:
(1) The aggregate amount of the assessment shall be determined by
the Fraud Assessment Commission, which is hereby established. The
commission shall be composed of seven members consisting of two
representatives of organized labor, two representatives of
self-insured employers, one representative of insured employers, one
representative of workers' compensation insurers, and the President
of the State Compensation Insurance Fund, or his or her designee.
The Governor shall appoint members representing organized labor,
self-insured employers, insured employers, and insurers. The term of
office of members of the commission shall be four years, and a member
shall hold office until the appointment of a successor. The
President of the State Compensation Insurance Fund shall be an ex
officio, voting member of the commission. Members of the commission
shall receive one hundred dollars ($100) for each day of actual
attendance at commission meetings and other official commission
business, and shall also receive their actual and necessary traveling
expenses incurred in the performance of commission duties. Payment
of per diem and travel expenses shall be made from the Workers'
Compensation Fraud Account in the Insurance Fund, established in
paragraph (4), upon appropriation by the Legislature.
(2) In determining the aggregate amount of the assessment, the
Fraud Assessment Commission shall consider the advice and
recommendations of the Fraud Division and the commissioner.
(3) The aggregate amount of the assessment shall be collected by
the Director of Industrial Relations pursuant to Section 62.6 of the
Labor Code. The Fraud Assessment Commission shall annually advise the
Director of Industrial Relations, not later than March 15, of the
aggregate amount to be assessed for the next fiscal year.
(4) The amount collected, together with the fines collected for
violations of the unlawful acts specified in Sections 1871.4, 11760,
and 11880, Section 3700.5 of the Labor Code, and Section 549 of the
Penal Code, shall be deposited in the Workers' Compensation Fraud
Account in the Insurance Fund, which is hereby created, and may be
used, upon appropriation by the Legislature, only for enhanced
investigation and prosecution of workers' compensation fraud and of
willful failure to secure payment of workers' compensation as
provided in this section.
(c) For each fiscal year, the total amount of revenues derived
from the assessment pursuant to subdivision (b) shall, together with
amounts collected pursuant to fines imposed for unlawful acts
described in Sections 1871.4, 11760, and 11880, Section 3700.5 of the
Labor Code, and Section 549 of the Penal Code, not be less than
three million dollars ($3,000,000). Any funds appropriated by the
Legislature pursuant to subdivision (b) that are not expended in the
fiscal year for which they have been appropriated, and that have not
been allocated under subdivision (f), shall be applied to satisfy for
the immediately following fiscal year the minimum total amount
required by this subdivision. In no case may that money be
transferred to the General Fund.
(d) After incidental expenses, at least 40 percent of the funds to
be used for the purposes of this section shall be provided to the
Fraud Division of the Department of Insurance for enhanced
investigative efforts, and at least 40 percent of the funds shall be
distributed to district attorneys, pursuant to a determination by the
commissioner with the advice and consent of the division and the
Fraud Assessment Commission, as to the most effective distribution of
moneys for purposes of the investigation and prosecution of workers'
compensation fraud cases and cases relating to the willful failure
to secure the payment of workers' compensation. Each district
attorney seeking a portion of the funds shall submit to the
commissioner an application setting forth in detail the proposed use
of any funds provided. A district attorney receiving funds pursuant
to this subdivision shall submit an annual report to the commissioner
with respect to the success of his or her efforts. Upon receipt, the
commissioner shall provide copies to the Fraud Division and the
Fraud Assessment Commission of any application, annual report, or
other documents with respect to the allocation of money pursuant to
this subdivision. Both the application for moneys and the
distribution of moneys shall be public documents. Information
submitted to the commissioner pursuant to this section concerning
criminal investigations, whether active or inactive, shall be
confidential.
(e) If a district attorney is determined by the commissioner to be
unable or unwilling to investigate and prosecute workers'
compensation fraud claims or claims relating to the willful failure
to secure the payment of workers' compensation, the commissioner
shall discontinue distribution of funds allocated for that county and
may redistribute those funds according to this subdivision.
(1) The commissioner shall promptly determine whether any other
county could assert jurisdiction to prosecute the fraud claims or
claims relating to the willful failure to secure the payment of
workers' compensation that would have been brought in the
nonparticipating county, and if so, the commissioner may award funds
to conduct the prosecutions redirected pursuant to this subdivision.
These funds may be in addition to any other fraud prosecution funds
or claims relating to the willful failure to secure the payment of
workers' compensation prosecution otherwise awarded under this
section. Any district attorney receiving funds pursuant to this
subdivision shall first agree that the funds shall be used solely for
investigating and prosecuting those cases of workers' compensation
fraud or claims relating to the willful failure to secure the payment
of workers' compensation that are redirected pursuant to this
subdivision and submit an annual report to the commissioner with
respect to the success of the district attorney's efforts. The
commissioner shall keep the Fraud Assessment Commission fully
informed of all reallocations of funds under this paragraph.
(2) If the commissioner determines that no district attorney is
willing or able to investigate and prosecute the workers'
compensation fraud claims or claims relating to the willful failure
to secure the payment of workers' compensation arising in the
nonparticipating county, the commissioner, with the advice and
consent of the Fraud Assessment Commission, may award to the Attorney
General some or all of the funds previously awarded to the
nonparticipating county. Before the commissioner may award any funds,
the Attorney General shall submit to the commissioner an application
setting forth in detail his or her proposed use of any funds
provided and agreeing that any funds awarded shall be used solely for
investigating and prosecuting those cases of workers' compensation
fraud or claims relating to the willful failure to secure the payment
of workers' compensation that are redirected pursuant to this
subdivision. The Attorney General shall submit an annual report to
the commissioner with respect to the success of the fraud prosecution
efforts of his or her office.
(3) Neither the Attorney General nor any district attorney shall
be required to relinquish control of any investigation or prosecution
undertaken pursuant to this subdivision unless the commissioner
determines that satisfactory progress is no longer being made on the
case or the case has been abandoned.
(4) A county that has become a nonparticipating county due to the
inability or unwillingness of its district attorney to investigate
and prosecute workers' compensation fraud or the willful failure to
secure the payment of workers' compensation shall not become eligible
to receive funding under this section until it has submitted a new
application that meets the requirements of subdivision (d) and the
applicable regulations.
(f) If in any fiscal year the Fraud Division does not use all of
the funds made available to it under subdivision (d), any remaining
funds may be distributed to district attorneys pursuant to a
determination by the commissioner in accordance with the same
procedures set forth in subdivision (d).
(g) The commissioner shall adopt rules and regulations to
implement this section in accordance with the rulemaking provisions
of the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code). Included in the rules and regulations shall be the criteria
for redistributing funds to district
attorneys and the Attorney General. The adoption of
the rules and regulations shall be deemed to be an emergency and
necessary for the immediate preservation of the public peace, health,
and safety, or general welfare.
(h) The department shall report to the Governor, the Legislature,
to the committees of the Senate and Assembly having jurisdiction over
insurance, and the Fraud Assessment Commission on the activities of
the Fraud Division and district attorneys supported by the funds
provided by this section in the annual report submitted pursuant to
Section 12922.
The annual report shall include, but is not limited to, all of the
following information for the department and each district attorney'
s office:
(1) All allocations, distributions, and expenditures of funds.
(2) The number of search warrants issued.
(3) The number of arrests and prosecutions, and the aggregate
number of parties involved in each.
(4) The number of convictions and the names of all convicted fraud
perpetrators.
(5) The estimated value of all assets frozen, penalties assessed,
and restitutions made for each conviction.
(6) Any additional items necessary to fully inform the Fraud
Assessment Commission and the Legislature of the fraud-fighting
efforts financed through this section.
(i) In order to meet the requirements of subdivision (g), the
department shall submit a biannual information request to those
district attorneys who have applied for and received funding through
the annual assessment process under this section.
(j) Assessments levied or collected to fight workers' compensation
fraud and insurance fraud are not taxes. Those funds are entrusted
to the state to fight fraud and the willful failure to secure the
payment of workers' compensation by funding state and local
investigation and prosecution efforts. Accordingly, any funds
resulting from assessments, fees, penalties, fines, restitution, or
recovery of costs of investigation and prosecution deposited in the
Insurance Fund shall not be deemed "unexpended" funds for any purpose
and, if remaining in that account at the end of any fiscal year,
shall be applied as provided in subdivision (f) and to offset or
augment subsequent years' program funding.
(k) The Bureau of State Audits State
Auditor's Office
shall evaluate the effectiveness of the
efforts of the Fraud Assessment Commission, the Fraud Division, the
Department of Insurance, and the Department of Industrial Relations,
as well as local law enforcement agencies, including district
attorneys, in identifying, investigating, and prosecuting workers'
compensation fraud and the willful failure to secure payment of
workers' compensation. The report shall specifically identify areas
of deficiencies. Included in this report shall be recommendations on
whether the current program provides the appropriate levels of
accountability for those responsible for the allocation and
expenditure of funds raised from the assessment provided in this
section. The Bureau of State Audits State
Auditor's Office
shall submit a report to the Chairperson of
the Senate Committee on Labor and Industrial Relations and the
Chairperson of the Assembly Committee on Insurance on or before May
1, 2004.
SEC. 24. Section 5024 of the Penal Code
is amended to read:
5024. (a) The Legislature finds and declares that:
(1) State costs for purchasing drugs and medical supplies for the
health care of offenders in state custody have grown rapidly in
recent years and will amount to almost seventy-five million dollars
($75,000,000) annually in the 1999-2000 fiscal year.
(2) The Bureau of State Audits State
Auditor's Office
found in a January 2000 audit report that the
state could save millions of dollars annually by improving its
current processes for the procurement of drugs for inmate health care
and by pursuing alternative procurement methods.
(3) It is the intent of the Legislature that the Department of
Corrections and Rehabilitation , in cooperation with the
Department of General Services and other appropriate state agencies,
take prompt action to adopt cost-effective reforms in its drug and
medical supply procurement processes by establishing a program to
obtain rebates from drug manufacturers, implementing alternative
contracting and procurement reforms, or by some combination of these
steps.
(b) (1) The Director Secretary of
the Department of Corrections and Rehabilitation ,
pursuant to the Administrative Procedure Act, Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, may adopt regulations requiring manufacturers of
drugs to pay the department a rebate for the purchase of drugs for
offenders in state custody that is at least equal to the rebate that
would be applicable to the drug under Section 1927(c) of the federal
Social Security Act (42 U.S.C. Sec. 1396r-8(c)). Any such regulation
shall, at a minimum, specify the procedures for notifying drug
manufacturers of the rebate requirements and for collecting rebate
payments.
(2) If a rebate program is implemented, the director shall
develop, maintain, and update as necessary a list of drugs to be
provided under the rebate program, and establish a rate structure for
reimbursement of each drug included in the rebate program. Rates
shall not be less than the actual cost of the drug. However, the
director may purchase a listed drug directly from the manufacturer
and negotiate the most favorable bulk price for that drug. In order
to minimize state administrative costs and maximize state benefits
for the rebate program, the director may establish a program that
focuses upon obtaining rebates for those drugs that it determines are
purchased by the department in relatively large volumes.
(3) If a rebate program is implemented, the department shall
submit an invoice, not less than two times per year, to each
manufacturer for the amount of the rebate required by this
subdivision. Drugs may be removed from the list for failure to pay
the rebate required by this subdivision, unless the department
determines that purchase of the drug is a medical necessity or that
purchase of the drug is necessary to comply with a court order to
ensure the appropriate provision of quality health care to offenders
in state custody.
(4) In order to minimize state administrative costs and maximize
state benefits for such a rebate program, if one is implemented, the
Department of Corrections and Rehabilitation may enter
into interagency agreements with the Department of General Services,
the State Department of Health Services, the State Department of
Mental Health, or the State Department of Developmental Services, the
University of California, another appropriate state department, or
with more than one of those entities, for joint participation in a
rebate program, collection and monitoring of necessary drug price and
rebate data, the billing of manufacturers for rebates, the
resolution of any disputes over rebates, and any other services
necessary for the cost-effective operation of the rebate program.
(5) The Department of Corrections and Rehabilitation ,
separately or in cooperation with other state agencies, may contract
for the services of a pharmaceutical benefits manager for any
services necessary for the cost-effective operation of the rebate
program, if one is implemented, or for other services to improve the
contracting and procurement of drugs and medical supplies for inmate
health care.
(c) Nothing in this section shall prohibit the department, as an
alternative to or in addition to establishing a rebate program for
drugs for inmate health care, from implementing, in cooperation with
the Department of General Services and other appropriate state
agencies, other cost-effective strategies for procurement of drugs
and medical supplies for offenders in state custody, including, but
not limited to:
(1) Improvements in the existing statewide master agreement
procedures for purchasing contract and noncontract drugs at a
discount from drug manufacturers.
(2) Participation by offenders in state custody infected with
human immunodeficiency virus (HIV), the etiologic agent of acquired
immune deficiency syndrome (AIDS), in the AIDS Drug Assistance
Program.
(3) Membership in the Minnesota Multistate Contracting Alliance
for Pharmacy (MMCAP) or other cooperative purchasing arrangements
with other governmental entities.
(4) Greater centralization or standardization of procurement of
drugs and medical supplies among individual prisons in the Department
of Corrections and Rehabilitation prison system.
(d) The Bureau of State Audits State
Auditor's Office
shall report to the Legislature and the
Governor by January 10, 2002, its findings in regard to:
(1) An evaluation of the trends in state costs for the procurement
of drugs and medical supplies for offenders in state custody, and an
assessment of the major factors affecting those trends.
(2) A summary of the steps taken by the Department of Corrections
and Rehabilitation , the Department of General Services,
and other appropriate state agencies to implement this section.
(3) An evaluation of the compliance by these state agencies with
the findings and recommendations of the January 2000 Bureau of State
Audits report for reform of procurement of drugs and medical supplies
for offenders in state custody.
(4) Any further recommendations of the Bureau of State
Audits
State Auditor's Office for reform of
state drug procurement practices, policies, or statutes.
SEC. 25. Section 71560 of the Public
Resources Code
is amended to read:
71560. (a) The endowment may receive charitable contributions or
any sources of income that may be lawfully received, including loans
from the state.
(b) The endowment shall administer any funds it receives in
accordance with this division.
(c) (1) Except as provided in paragraph (2), the endowment shall
invest and manage any funds it receives so that the investments shall
provide a source of income in perpetuity and the principal amount
consisting of charitable contributions and donations, including cost
savings donated pursuant to Section 6618 of the Fish and Game Code,
shall not be spent. Any returns on investments made by the endowment
are the only funds that shall be available for expenditure by the
endowment.
(2) Ten percent of any funds received by the endowment pursuant to
Section 6618 of the Fish and Game Code in a calendar year shall be
allocated by the endowment board, pursuant to Section 71552, as
grants for projects or programs consistent with the purpose of this
chapter within 24 months of receipt of the funds. The majority of
these funds shall be granted to state agencies engaged in coastal and
ocean protection.
(d) The endowment shall invest and manage any funds it receives in
accordance with the Nonprofit Public Benefit Corporation Law (Part 2
(commencing with Section 5110) of Division 2 of Title 1 of the
Corporations Code).
(e) The accounts of the endowment shall be audited annually in
accordance with generally accepted auditing standards by independent
certified public accountants.
(f) The financial transactions of the endowment for any fiscal
year may be audited by the Bureau of State Audits
State Auditor's Office .
(g) Each recipient of assistance by grant, contract, or loan
pursuant to this division shall keep records reasonably necessary to
disclose fully the amount of the assistance, the disposition of the
assistance, the total cost of the project or undertaking in
connection with which the assistance is given or used, the amount and
nature of that portion of the cost of the project or undertaking
supplied by other sources, and other records that will facilitate an
effective audit. Each recipient of a fixed price contract awarded
pursuant to competitive bidding procedures is exempt from this
subdivision.
(h) The endowment, or its authorized representative, and the
Bureau of State Audits State Auditor's Office
shall have access to any records necessary for the purpose of
auditing and examining all funds received or expended by the
recipients of assistance.
SEC. 26. Section 421 of the Public
Utilities Code
is amended to read:
421. (a) The commission shall annually determine a fee to be paid
by every passenger stage corporation, charter-party carrier of
passengers, pipeline corporation, for-hire vessel operator, common
carrier vessel operator, railroad corporation, and commercial air
operator, and every other common carrier and related business subject
to the jurisdiction of the commission, except as otherwise provided
in Article 3 (commencing with Section 431) of this chapter and
Chapter 6 (commencing with Section 5001) of Division 2.
(b) The annual fee shall be established to produce a total amount
equal to the amount established in the authorized commission budget
for the same year, including adjustments appropriated by the
Legislature and an appropriate reserve, to regulate common carriers
and related businesses, less the amount to be paid from special
accounts or funds pursuant to Section 403, reimbursements, federal
funds, other revenues, and unencumbered funds from the preceding
year.
(c) Notwithstanding any other provision of law, the fees paid by
railroad corporations shall be used for state-funded railroad
investigation and enforcement activities of the commission, other
than the rail safety activities funded by the Transportation Planning
and Development Account pursuant to Section 99315. The railroad fees
shall be set annually at a level which generates not less than the
amount sufficient to fund activities pursuant to Sections 765.5,
7711, and 7712.
(d) On January 1, 1992, the commission shall submit to the
Legislature a detailed budget implementing this section for the
1992-93 fiscal year. The commission shall also submit to the
Legislature by January 1, 1993, and on each January 1 thereafter, a
detailed budget for expenditure of railroad corporation fees for the
ensuing budget year. The budget for expenditure of railroad
corporation fees, for each of the 1996-97 and 1997-98 fiscal years,
shall not exceed the amount of three million dollars ($3,000,000).
Expenditures of this budget shall be limited to the following items:
(1) Expenditures for employees occupying, and actually performing
service in, railroad-safety personnel positions that are directly
involved in inspecting railroads and enforcing rail safety
regulations. The commission shall expend the funds budgeted pursuant
to this subdivision for the salaries, per diem, and travel expenses
of employees specified in this paragraph, unless, by statute, the
commission is specifically prohibited from expending all or part of
those funds.
(2) Expenditures for employees occupying, and actually performing
service in, clerical and support staff positions that are directly
associated with railroad-safety inspections.
(3) Expenditures for legal personnel who actually pursue
violations of rail safety regulations beyond the informal complaint
level.
(4) Expenditures for an audit by the Bureau of State
Audits
State Auditor's Office pursuant to
subdivision (f), not to exceed seventy-five thousand dollars
($75,000).
(5) Expenditures for the pro rata share of the commission's
overhead costs while state personnel are actually occupying the
positions, and are performing the duties specified in paragraphs (1)
to (4), inclusive.
(e) The Department of Finance shall notify the Joint Legislative
Budget Committee, pursuant to Section 28.00 of the annual Budget Act,
prior to authorizing any change in the Budget Act appropriation for
railroad corporation fees that is larger than one hundred thousand
dollars ($100,000), or 10 percent of the amount budgeted, whichever
is less.
(f) Except as otherwise provided in this subdivision, commencing
with the 1993-94 fiscal year, and in each subsequent fiscal year
until the 1999-2000 fiscal year, the commission shall conduct an
audit of the expenditure of the funds received pursuant to this
section, except that for the 1996-97 fiscal year and fiscal years
thereafter the audit shall be conducted by the Bureau of
State Audits
State Auditor's Office . The
results of this audit shall be reported, in writing, commencing on or
before February 15, 1995, with respect to the audit for the 1993-94
fiscal year, and on or before January 15 of each year thereafter,
with respect to the audit for the fiscal year ending on the previous
June 30, to the appropriate policy and budget committees of the
respective houses of the Legislature. The commission shall reimburse
the Bureau of State Audits State Auditor's
Office
for the costs of the audits beginning with the 1996-97
fiscal year.
(g) On or before January 1, 1994, the commission shall hire a
minimum of four additional operating practices inspectors, exclusive
of supervisory personnel, who are, or shall become by July 1, 1994,
federally certified, for the purpose of enforcing compliance by
railroads operating in this state with state and federal safety
regulations.
(h) The commission, in performing its duties, shall limit the
expenditure of funds for rail safety division purposes to those
railroad corporation fees collected pursuant to subdivision (d). In
no event, shall the commission fund railroad safety activities
utilizing funds from other commission accounts unrelated to railroad
safety.
SEC. 27. Section 80270 of the Water
Code
is amended to read:
80270. The Bureau of State Audits State
Auditor's Office
shall conduct a financial and performance
audit of the department's implementation of this division. The audit
shall be completed before December 31, 2001. The bureau
office shall issue a final report on or before
March 31, 2003.
SECTION 1.
Section 8546 of the Government Code
is amended to read:
8546. It is the intent of the Legislature that the Bureau of
State Audits have the independence necessary to conduct all of its
audits in conformity with "Government Auditing Standards" published
by the Comptroller General of the United States and the standards
published by the American Institute of Certified Public Accountants,
free from influence of existing state control agencies that could be
the subject of audits conducted by the bureau. Therefore, all of the
following exclusions apply to the office:
(a) Notwithstanding Section 19790, the State Auditor shall
establish an equal employment opportunity program that shall meet the
criteria and objectives established by the State Personnel Board.
The State Auditor shall report every even-numbered year to the State
Personnel Board and the commission regarding the program.
(b) Notwithstanding Section 12470, the State Auditor shall be
responsible for maintaining its payroll system. In lieu of audits of
the uniform payroll system performed by the Controller or any other
department, the office shall contract pursuant to subdivision (e) of
Section 8544.5 for an annual audit of its payroll and financial
operations by an independent public accountant.
(c) Notwithstanding Section 13292, the State Auditor is delegated
the authority to establish and administer the fiscal and
administrative policies of the bureau in conformity with the State
Administrative Manual without oversight by the Department of Finance,
the Department of Information Technology, or any other state agency.

(d) Notwithstanding Section 11032, the State Auditor may approve
actual and necessary traveling expenses for travel outside the state
for officers and employees of the bureau.
(e) Notwithstanding Section 11033, the State Auditor or officers
and employees of the bureau may be absent from the state on business
of the state upon approval of the State Auditor or Chief Deputy State
Auditor.
(f) Sections 11040, 11042, and 11043 shall not apply to the Bureau
of State Audits. The State Auditor may employ legal counsel under
those terms that he or she deems necessary to conduct the legal
business of, or render legal counsel to, the State Auditor.
(g) The provisions and definitions of Article 2 (commencing with
Section 11342.510) of Chapter 3.5 of Division 3 shall not be
construed to include the Bureau of State Audits. The State Auditor
may adopt regulations necessary for the operation of the bureau
pursuant to the provisions of the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Division 3), but
these regulations shall not be subject to the review or approval of
the Office of Administrative Law.
(h) The State Auditor shall be exempt from all contract
requirements of the Public Contract Code that require oversight,
review, or approval by the Department of General Services or any
other state agency. The State Auditor may contract on behalf of the
State of California for goods and services that he or she deems
necessary for the furtherance of the purposes of the bureau.
(i) (1) Subject to Article VII of the California Constitution, the
State Auditor is delegated the authority to establish and administer
the personnel policies and practices of the Bureau of State Audits
in conformity with Part 2.6 (commencing with Section 19815) of
Division 5 of Title 2 without oversight or approval by the Department
of Personnel Administration.
(2) At the election of the State Auditor, officers and employees
of the bureau may participate in benefits programs administered by
the Department of Personnel Administration subject to the same
conditions for participation that apply to civil service employees in
other state agencies. For the purposes of benefits programs
administration only, the State Auditor is subject to the
determinations of the department. The Bureau of State Audits shall
reimburse the Department of Personnel Administration for the normal
administrative costs incurred by the Department of Personnel
Administration and for any extraordinary costs resulting from the
inclusion of the bureau employees in these state benefit programs.