BILL NUMBER: AB 2753AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 5, 2010 INTRODUCED BY Assembly Member Furutani FEBRUARY 19, 2010An act to amend Section 102475 of the Health and Safety Code, relating to birth certificates.An act to add and repeal Chapter 3.6 (commencing with Section 81710) of Part 49 of Division 7 of Title 3 of the Educati on Code, relating to community colleges. LEGISLATIVE COUNSEL'S DIGEST AB 2753, as amended, Furutani.Birth certificates: confidentiality.Los Angeles Community College District: design-assist contract pilot program. (1) Existing law authorizes a community college district governing board to enter into a design-build contract, as defined, until January 1, 2014, in which factors in addition to price and cost may be considered in awarding a contract for the design and construction of a community college facility for an amount that exceeds $2,500,000. This bill would establish a design-assist contract pilot program that would authorize the Los Angeles Community College District governing board to enter into a design-assist contract, as defined, for a project with an estimated cost exceeding $2,500,000. The bill would prohibit expenditure of state funds appropriated for a design-assist capital outlay project until the Department of Finance and State Public Works Board have approved performance criteria and concept drawings. The bill would impose various requirements on the governing board related to the design-assist construction process and would prohibit the governing board from entering into more than 8 design-assist contracts under these provisions before January 1, 2017. If the governing board elects to award a design-assist contract for a construction project, the bill would require the governing board to submit a report to the Legislative Analyst's Office in compliance with a specific provision of existing law, and would require the Legislative Analyst's Office to submit an interim report to the Legislature by January 1, 2013, and a final report by January 1, 2016. The bill would require design-assist entities to verify certain information under oath, thereby imposing a state-mandated local program by expanding the scope of an existing crime. The provisions of the bill would be repealed on January 1, 2017. The bill would make legislative findings and declarations as to the necessity of a special statute. (2) 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 no reimbursement is required by this act for a specified reason.Existing law requires a certificate of live birth to contain specified information, including specified confidential information. Under existing law, a person who releases a copy of the confidential portion of a certificate of live birth, except as allowed by statute, is guilty of a misdemeanor punishable by a fine of $500 or 6 months in jail.This bill would increase the fine to $1,000. By increasing the penalty for an existing crime, the bill would create 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 no reimbursement is required by this act for a specified reason.Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Chapter 3.6 (commencing with Section 81710) is added to Part 49 of Division 7 of Title 3 of the Education Code , to read: CHAPTER 3.6. DESIGN-ASSIST ALTERNATIVE PILOT PROGRAM 81710. (a) It is the intent of the Legislature to provide, as a pilot program in the Los Angeles Community College District, an optional, alternative procedure for bidding and building community college construction projects, known as design-assist. (b) It is the intent of the Legislature that the design-assist procurement, as authorized by this chapter, shall not be construed to extend, limit, or change in any manner the legal responsibility of public agencies and contractors to comply with existing law, except as set forth in this chapter. (c) It is the intent of the Legislature to authorize the Los Angeles Community College District to use the procedures of this chapter, and to receive from the district a report detailing the effectiveness of these procedures. 81711. (a) This chapter applies only to the Los Angeles Community College District. (b) Except as otherwise expressly provided in this chapter, the definitions and provisions of Chapter 3.5 (commencing with Section 81700) shall apply to the design-assist procedure authorized by this chapter. 81712. As used in this chapter, the following terms have the following meanings: (a) "Best value" has the same meaning as defined in subdivision (a) of Section 81701. (b) "Design-assist" means a procurement process in which the community college district engages a contractor to assist the district and its design professionals in developing the design for, and then the construction of, the project. (c) "Design-assist entity" means an individual, corporation, limited partnership, partnership, or other association that is licensed to act as contractor and has the qualifications to assist in the development of the design. 81713. (a) Upon a determination by a community college district governing board that it is in the best interest of the community college district, the governing board may enter into a design-assist contract for any project with an estimated cost greater than two million five hundred thousand dollars ($2,500,000) if, after evaluation of the traditional design-bid-build process and the design-build process in a public meeting, the governing board makes written findings that use of the design-assist process on the specific project under consideration will accomplish one of the following objectives: (1) Reduce comparable project costs. (2) Facilitate control over design elements. (3) Optimize use of construction means, methods, and technologies. (4) Provide features not achievable through the traditional design-bid-build method or the alternative design-build method. (b) The governing board shall also review the guidelines developed pursuant to this chapter, and shall adopt a resolution approving the use of the design-assist process pursuant to this chapter, prior to entering into a design-assist contract. (c) State funds appropriated for a design-assist capital outlay project shall not be expended until the Department of Finance and the State Public Works Board have approved performance criteria and concept drawings for the project to be financed from the appropriation for capital outlay. 81714. Design-assist projects shall progress as follows: (a) The community college district governing board shall provide for the selection of professional design services pursuant to Chapter 10 (commencing with Section 4525) of Division 5 of the Government Code. Any architect or structural engineer retained pursuant to this section shall be duly licensed and registered in this state. (b) The community college district governing board shall prepare a request for proposal for preconstruction services pursuant to the requirements of subdivision (a) of Section 81703. (c) (1) The community college district shall establish a procedure to prequalify design-assist entities using a standard questionnaire developed by the Director of Industrial Relations pursuant to subdivision (b) of Section 17250.25. (2) Information required pursuant to this subdivision shall be verified under oath by the design-assist entity and its members in the manner in which civil pleadings in civil actions are verified. Information provided pursuant to this subdivision that is not a public record pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) shall not be open to public inspection. (d) The community college district shall establish a procedure for final selection of the design-assist entity. Selection shall be based on either of the following: (1) The lowest responsible bid price. (2) The best value to the community college district based on the criteria set forth in the request for proposal. (e) The community college district governing board shall prepare a request for proposal for construction services pursuant to Article 1 (commencing with Section 20100) of Chapter 1 of Part 3 of Division 2 of the Public Contract Code. (f) The community college district shall award the contract for construction services to the lowest responsible bidder pursuant to Section 20103.8 of the Public Contract Code. 81716. (a) Sections 81704 and 81705 apply to all design-assist projects under this chapter to the extent that those sections are not in conflict with this section. (b) All subcontracts that are not listed by the design-assist entity in accordance with Section 81714, if any, shall be awarded by the community college district to the lowest responsible bidder. (c) Once bids have been opened and contracts have been awarded pursuant to this chapter, the design-assist entity shall be responsible for building the facility to specifications set forth, and for the price stipulated, in the bid, in the absence of contractual language to the contrary. 81717. If the Los Angeles Community College District elects to enter into design-assist contracts pursuant to this chapter, the district shall develop guidelines for design-assist projects on or before June 30, 2011. The guidelines shall be based on applicable guidelines developed pursuant to Section 81706. 81718. (a) The Los Angeles Community College District governing board, for each design-assist contract awarded for a project pursuant to this chapter, shall submit to the Legislative Analyst's Office a report on the project at the completion of the project. The report shall be submitted within 60 days after completion of the project. (b) The Legislative Analyst's Office shall submit an interim report to the Legislature by January 1, 2013, and a final report to the Legislature by January 1, 2016. The reports shall include, but not necessarily be limited to, all of the following information as to each project: (1) The type of facility. (2) The gross square footage of the facility. (3) The company or contractor who was awarded the project. (4) The estimated and actual length of time to complete the project. (5) The estimated and actual project cost. (6) A description of the relative merits of a project procured pursuant to this chapter and similar projects procured pursuant to other provisions of this code. (7) A description of any written protest concerning any aspect of the solicitation, bid, proposal, or award of the design-assist project, including the resolution of the protest. (8) Other pertinent information that may be instructive in evaluating whether the design-assist method of procurement should be continued, expanded, or prohibited. (9) The findings established pursuant to Section 81713 and a postcompletion evaluation as to whether the findings were achieved. (10) Any Labor Code violations discovered during the course of construction or following completion of the project, and any fines or penalties assessed. (c) A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code. (d) As used in this section, "completion" has the same meaning as defined in subdivision (c) of Section 7107 of the Public Contract Code. 81719. (a) This chapter does not exempt a design-assist contract from any provision of the Public Contract Code that would otherwise apply to the contract, unless an exemption is granted expressly, or by necessary implication, by a provision of this chapter. (b) Unless expressly authorized by this chapter, the community college district and the design-assist entity shall not waive, amend, or ignore any otherwise applicable provision of the Field Act, as defined in Section 17281. 81720. The Los Angeles Community College District shall not enter into more than eight design-assist contracts prior to January 1, 2017. 81722. (a) This chapter does not apply to contracts that are in effect prior to January 1, 2011. (b) Unless expressly provided, this chapter is not intended to affect, expand, alter, or limit any rights or remedies otherwise available. 81725. This chapter shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date. SEC. 2. 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 this act will serve as a pilot program for providing the Los Angeles Community College District with the authority to enter into design-assist contracts for the design and construction and there is a need to enact this act on a trial basis only, and to study the implementation of this act in only one community college district, prior to extending the act to every community college district. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.SECTION 1.Section 102475 of the Health and Safety Code is amended to read: 102475. (a) A person who releases a copy of the confidential portion of the certificate of live birth, except as specifically provided by this part, shall be guilty of a misdemeanor, punishable by a fine of one thousand dollars ($1,000) or six months in jail. The criminal penalty shall not preclude suit for civil or punitive damages by an individual harmed by the unauthorized release. (b) A person who is the subject of, or the source of information for, a birth certificate, who has reason to believe there has been linkage of confidential information with his or her identity and disclosure of the confidential information to a person not specified in subdivision (a) of Section 102430, shall have a civil right of action against the person releasing the information and may seek punitive damages.SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.