SB 1089: Public employee retirement systems: prohibited investments: Turkey.
- Session Year: 2021-2022
- House: Senate
- Latest Version Date: 2022-09-25
The California Constitution grants the retirement board of a public employee retirement system plenary authority and fiduciary responsibility for investment of moneys and administration of the retirement fund and system. The California Constitution qualifies this grant of powers by reserving to the Legislature the authority to prohibit investments if it is in the public interest and the prohibition satisfies standards of fiduciary care and loyalty required of a retirement board. Existing law prohibits the boards of administration of the Public Employees Retirement System and the State Teachers Retirement System from making investments in certain countries and in thermal coal companies, as specified, subject to the boards plenary authority and fiduciary responsibility for investment of moneys and administration of the systems.
Existing law, upon the passage of a federal law that imposes sanctions on the government of Turkey for failure to officially acknowledge its responsibility for the Armenian Genocide, prohibits the boards of administration of the Public Employees Retirement System and the State Teachers Retirement System from making additional or new investments, or renewing existing investments, of public employee retirement funds in an investment vehicle in the government of Turkey that is issued by the government of Turkey or that is owned by the government of Turkey. Existing law repeals the above-described prohibited investment and reporting provisions on January 1, 2025, or if a determination is made by the board, the United States Department of State, the Congress of the United States, or another appropriate federal agency that the government of Turkey has officially acknowledged its responsibility for the Armenian Genocide, whichever occurs first.
This bill would change the January 1, 2025, sunset date to January 1, 2035.
The California Constitution grants the retirement board of a public employee retirement system plenary authority and fiduciary responsibility for investment of moneys and administration of the retirement fund and system. The California Constitution qualifies this grant of powers by reserving to the Legislature the authority to prohibit investments if it is in the public interest and the prohibition satisfies standards of fiduciary care and loyalty required of a retirement board. Existing law prohibits the boards of administration of the Public Employees Retirement System and the State Teachers Retirement System from making investments in certain countries and in thermal coal companies, as specified, subject to the boards plenary authority and fiduciary responsibility for investment of moneys and administration of the systems.
Existing law, upon the passage of a federal law that imposes sanctions on the government of Turkey for failure to officially acknowledge its responsibility for the Armenian Genocide, prohibits the boards of administration of the Public Employees Retirement System and the State Teachers Retirement System from making additional or new investments, or renewing existing investments, of public employee retirement funds in an investment vehicle in the government of Turkey that is issued by the government of Turkey or that is owned by the government of Turkey. Existing law repeals the above-described prohibited investment and reporting provisions on January 1, 2025, or if a determination is made by the board, the United States Department of State, the Congress of the United States, or another appropriate federal agency that the government of Turkey has officially acknowledged its responsibility for the Armenian Genocide, whichever occurs first.
This bill would change the January 1, 2025, sunset date to January 1, 2035.
The California Constitution grants the retirement board of a public employee retirement system plenary authority and fiduciary responsibility for investment of moneys and administration of the retirement fund and system. The California Constitution qualifies this grant of powers by reserving to the Legislature the authority to prohibit investments if it is in the public interest and the prohibition satisfies standards of fiduciary care and loyalty required of a retirement board. Existing law prohibits the boards of administration of the Public Employees Retirement System and the State Teachers Retirement System from making investments in certain countries and in thermal coal companies, as specified, subject to the boards plenary authority and fiduciary responsibility for investment of moneys and administration of the systems.
Existing law, upon the passage of a federal law that imposes sanctions on the government of Turkey for failure to officially acknowledge its responsibility for the Armenian Genocide, prohibits the boards of administration of the Public Employees Retirement System and the State Teachers Retirement System from making additional or new investments, or renewing existing investments, of public employee retirement funds in an investment vehicle in the government of Turkey that is issued by the government of Turkey or that is owned by the government of Turkey. Existing law repeals the above-described prohibited investment and reporting provisions on January 1, 2025, or if a determination is made by the board, the United States Department of State, the Congress of the United States, or another appropriate federal agency that the government of Turkey has officially acknowledged its responsibility for the Armenian Genocide, whichever occurs first.
This bill would change the January 1, 2025, sunset date to January 1, 2035.
The California Constitution grants the retirement board of a public employee retirement system plenary authority and fiduciary responsibility for investment of moneys and administration of the retirement fund and system. The California Constitution qualifies this grant of powers by reserving to the Legislature the authority to prohibit investments if it is in the public interest and the prohibition satisfies standards of fiduciary care and loyalty required of a retirement board. Existing law prohibits the boards of administration of the Public Employees Retirement System and the State Teachers Retirement System from making investments in certain countries and in thermal coal companies, as specified, subject to the boards plenary authority and fiduciary responsibility for investment of moneys and administration of the systems.
Existing law, upon the passage of a federal law that imposes sanctions on the government of Turkey for failure to officially acknowledge its responsibility for the Armenian Genocide, prohibits the boards of administration of the Public Employees Retirement System and the State Teachers Retirement System from making additional or new investments, or renewing existing investments, of public employee retirement funds in an investment vehicle in the government of Turkey that is issued by the government of Turkey or that is owned by the government of Turkey. Existing law repeals the above-described prohibited investment and reporting provisions on January 1, 2025, or if a determination is made by the board, the Department of State, the Congress of the United States, or another appropriate federal agency that the government of Turkey has officially acknowledged its responsibility for the Armenian Genocide, whichever occurs first.
This bill would change the January 1, 2025, sunset date to January 1, 2035.
Existing law establishes the Prison Industry Authority within the Department of Corrections and Rehabilitation and authorizes it to operate industrial, agricultural, and service enterprises that will provide products and services needed by the state, or any political subdivision of the state, or by the federal government, or any department, agency, or corporation of the federal government, or for any other public use. Existing law requires state agencies to purchase these products and services at the prices fixed by the authority. Existing law also requires state agencies to make maximum utilization of these products and consult with the staff of the authority to develop new products and adapt existing products to meet their needs.Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services, including certain optometric services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.This bill, for purposes of Medi-Cal reimbursement for covered optometric services, would authorize a provider to obtain eyeglasses from a private entity, as an alternative to a purchase of eyeglasses from the Prison Industry Authority. The bill would condition implementation of this provision on the availability of federal financial participation.The bill, notwithstanding the above-described requirements, would authorize a provider participating in the Medi-Cal program to obtain eyeglasses from the authority or private entities, based on the optometrists needs and assessment of quality and value.Existing law establishes the Prison Industry Authority within the Department of Corrections and Rehabilitation and authorizes it to operate industrial, agricultural, and service enterprises that will provide products and services needed by the state, or any political subdivision of the state, or by the federal government, or any department, agency, or corporation of the federal government, or for any other public use. Existing law requires state agencies to purchase these products and services at the prices fixed by the authority. Existing law also requires state agencies to make maximum utilization of these products and consult with the staff of the authority to develop new products and adapt existing products to meet their needs.
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services, including certain optometric services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.
This bill, for purposes of Medi-Cal reimbursement for covered optometric services, would authorize a provider to obtain eyeglasses from a private entity, as an alternative to a purchase of eyeglasses from the Prison Industry Authority. The bill would condition implementation of this provision on the availability of federal financial participation.
The bill, notwithstanding the above-described requirements, would authorize a provider participating in the Medi-Cal program to obtain eyeglasses from the authority or private entities, based on the optometrists needs and assessment of quality and value.
Existing law establishes the Prison Industry Authority within the Department of Corrections and Rehabilitation and authorizes it to operate industrial, agricultural, and service enterprises that will provide products and services needed by the state, or any political subdivision of the state, or by the federal government, or any department, agency, or corporation of the federal government, or for any other public use. Existing law requires state agencies to purchase these products and services at the prices fixed by the authority. Existing law also requires state agencies to make maximum utilization of these products and consult with the staff of the authority to develop new products and adapt existing products to meet their needs.
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services, including certain optometric services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.
This bill, for purposes of Medi-Cal reimbursement for covered optometric services, would authorize an optometrist to purchase a provider to obtain eyeglasses from a private entity, as an alternative to a purchase of eyeglasses from the Prison Industry Authority. The bill would condition implementation of this provision on receipt of any necessary federal approvals and the availability of federal financial participation.
The bill, notwithstanding the above-described requirements, would authorize an optometrist a provider participating in the Medi-Cal program to purchase obtain eyeglasses from the authority or private entities, based on the optometrists needs and assessment of quality and value.
Existing law establishes the Prison Industry Authority within the Department of Corrections and Rehabilitation and authorizes it to operate industrial, agricultural, and service enterprises that will provide products and services needed by the state, or any political subdivision of the state, or by the federal government, or any department, agency, or corporation of the federal government, or for any other public use. Existing law requires state agencies to purchase these products and services at the prices fixed by the authority. Existing law also requires state agencies to make maximum utilization of these products and consult with the staff of the authority to develop new products and adapt existing products to meet their needs.
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services, including certain optometric services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.
This bill, for purposes of Medi-Cal reimbursement for covered optometric services, would authorize an optometrist to purchase eyeglasses from a private entity, as an alternative to a purchase of eyeglasses from the Prison Industry Authority. The bill would condition implementation of this provision on receipt of any necessary federal approvals and the availability of federal financial participation.
The bill, notwithstanding the above-described requirements, would authorize an optometrist participating in the Medi-Cal program to purchase eyeglasses from the authority or private entities, based on the optometrists needs and assessment of quality and value.
(a)As used in this section, the following terms have the following meanings:
(1)Board means the Board of Administration of the Public Employees Retirement System or the Teachers Retirement Board of the State Teachers Retirement System, as applicable.
(2)Government of Turkey means the government of Turkey or its instrumentalities or political subdivisions.
(3)Public employee retirement funds means the Public Employees Retirement Fund described in Section 20062 and the Teachers Retirement Fund described in Section 22167 of the Education Code.
(4)Turkey means the Republic of Turkey.
(b)Upon passage of a federal law by both the United States House of Representatives and the United States Senate, and signed by the President of the United States, imposing sanctions on the government of Turkey for failure to officially acknowledge its responsibility for the Armenian Genocide, the board shall not make additional or new investments or renew existing investments of public employee retirement funds in any investment vehicle in the government of Turkey that meets either of the following criteria:
(1)The investment vehicle is issued by the government of Turkey.
(2)The investment vehicle is owned by the government of Turkey.
(c)The board shall liquidate investments as described in subdivision (b), within 18 months of the passage of a federal law, pursuant to subdivision (b), that imposes sanctions on the government of Turkey for failure to officially acknowledge its responsibility for the Armenian Genocide.
(d)Within one year of the passage of a federal law pursuant to subdivision (b) imposing sanctions on the government of Turkey for failure to officially acknowledge its responsibility for the Armenian Genocide, the board shall file a report with the Legislature, in compliance with Section 9795, and with the Governor, that shall include the following:
(1)A list of investment vehicles in the government of Turkey of which the board has liquidated its investments pursuant to subdivision (c).
(2)A list of investment vehicles in the government of Turkey of which the board has not liquidated its investments as a result of a determination made pursuant to subdivision (e) that a sale or transfer of investments is inconsistent with the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution and the boards findings adopted in support of that determination.
(e)Nothing in this section shall require a board to take action as described in this section unless the board determines in good faith that the action described in this section is consistent with the fiduciary responsibilities of the board described in Section 17 of Article XVI of the California Constitution.
(f)(1)Before an extension of the operation of this section, the board shall, using methods or processes as determined by the board, reevaluate the merit of continuing the prescribed divestment action, including, but not limited to, the financial effects of the divestment action on the fiduciary responsibilities of the board pursuant to Section 17 of Article XVI of the California Constitution.
(2)On or before January 1, 2024, the board shall submit a report to the Legislature with the information described in paragraph (1) on the merit of continuing the prescribed divestment action.
(3)A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.
(g)This section shall be repealed on the earlier of the following dates:
(1)Upon a determination by the board, the United States Department of State, the Congress of the United States, or other appropriate federal agency, that the government of Turkey has officially acknowledged its responsibility for the Armenian Genocide.
(2)January 1, 2035.
(a)As used in this section, the following terms have the following meanings:
(1)Board means the Board of Administration of the Public Employees Retirement System or the Teachers Retirement Board of the State Teachers Retirement System, as applicable.
(2)Government of Turkey means the government of Turkey or its instrumentalities or political subdivisions.
(3)Public employee retirement funds means the Public Employees Retirement Fund described in Section 20062 and the Teachers Retirement Fund described in Section 22167 of the Education Code.
(4)Turkey means the Republic of Turkey.
(b)Upon passage of a federal law by both the United States House of Representatives and the United States Senate, and signed by the President of the United States, imposing sanctions on the government of Turkey for failure to officially acknowledge its responsibility for the Armenian Genocide, the board shall not make additional or new investments or renew existing investments of public employee retirement funds in any investment vehicle in the government of Turkey that meets either of the following criteria:
(1)The investment vehicle is issued by the government of Turkey.
(2)The investment vehicle is owned by the government of Turkey.
(c)The board shall liquidate investments as described in subdivision (b), within 18 months of the passage of a federal law, pursuant to subdivision (b), that imposes sanctions on the government of Turkey for failure to officially acknowledge its responsibility for the Armenian Genocide.
(d)Within one year of the passage of a federal law pursuant to subdivision (b) imposing sanctions on the government of Turkey for failure to officially acknowledge its responsibility for the Armenian Genocide, the board shall file a report with the Legislature, in compliance with Section 9795, and with the Governor, that shall include the following:
(1)A list of investment vehicles in the government of Turkey of which the board has liquidated its investments pursuant to subdivision (c).
(2)A list of investment vehicles in the government of Turkey of which the board has not liquidated its investments as a result of a determination made pursuant to subdivision (e) that a sale or transfer of investments is inconsistent with the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution and the boards findings adopted in support of that determination.
(e)Nothing in this section shall require a board to take action as described in this section unless the board determines in good faith that the action described in this section is consistent with the fiduciary responsibilities of the board described in Section 17 of Article XVI of the California Constitution.
(f)(1)Before an extension of the operation of this section, the board shall, using methods or processes as determined by the board, reevaluate the merit of continuing the prescribed divestment action, including, but not limited to, the financial effects of the divestment action on the fiduciary responsibilities of the board pursuant to Section 17 of Article XVI of the California Constitution.
(2)On or before January 1, 2024, the board shall submit a report to the Legislature with the information described in paragraph (1) on the merit of continuing the prescribed divestment action.
(3)A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.
(g)This section shall be repealed on the earlier of the following dates:
(1)Upon a determination by the board, the United States Department of State, the Congress of the United States, or other appropriate federal agency, that the government of Turkey has officially acknowledged its responsibility for the Armenian Genocide.
(2)January 1, 2035.
(a)As used in this section, the following terms have the following meanings:
(1)Board means the Board of Administration of the Public Employees Retirement System or the Teachers Retirement Board of the State Teachers Retirement System, as applicable.
(2)Government of Turkey means the government of Turkey or its instrumentalities or political subdivisions.
(3)Public employee retirement funds means the Public Employees Retirement Fund described in Section 20062 and the Teachers Retirement Fund described in Section 22167 of the Education Code.
(4)Turkey means the Republic of Turkey.
(b)Upon passage of a federal law by both the United States House of Representatives and the United States Senate, and signed by the President of the United States, imposing sanctions on the government of Turkey for failure to officially acknowledge its responsibility for the Armenian Genocide, the board shall not make additional or new investments or renew existing investments of public employee retirement funds in any investment vehicle in the government of Turkey that meets either of the following criteria:
(1)The investment vehicle is issued by the government of Turkey.
(2)The investment vehicle is owned by the government of Turkey.
(c)The board shall liquidate investments as described in subdivision (b), within 18 months of the passage of a federal law, pursuant to subdivision (b), that imposes sanctions on the government of Turkey for failure to officially acknowledge its responsibility for the Armenian Genocide.
(d)Within one year of the passage of a federal law pursuant to subdivision (b) imposing sanctions on the government of Turkey for failure to officially acknowledge its responsibility for the Armenian Genocide, the board shall file a report with the Legislature, in compliance with Section 9795, and with the Governor, that shall include the following:
(1)A list of investment vehicles in the government of Turkey of which the board has liquidated its investments pursuant to subdivision (c).
(2)A list of investment vehicles in the government of Turkey of which the board has not liquidated its investments as a result of a determination made pursuant to subdivision (e) that a sale or transfer of investments is inconsistent with the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution and the boards findings adopted in support of that determination.
(e)Nothing in this section shall require a board to take action as described in this section unless the board determines in good faith that the action described in this section is consistent with the fiduciary responsibilities of the board described in Section 17 of Article XVI of the California Constitution.
(f)(1)Before an extension of the operation of this section, the board shall, using methods or processes as determined by the board, reevaluate the merit of continuing the prescribed divestment action, including, but not limited to, the financial effects of the divestment action on the fiduciary responsibilities of the board pursuant to Section 17 of Article XVI of the California Constitution.
(2)On or before January 1, 2024, the board shall submit a report to the Legislature with the information described in paragraph (1) on the merit of continuing the prescribed divestment action.
(3)A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.
(g)This section shall be repealed on the earlier of the following dates:
(1)Upon a determination by the board, the United States Department of State, the Congress of the United States, or other appropriate federal agency, that the government of Turkey has officially acknowledged its responsibility for the Armenian Genocide.
(2)January 1, 2035.
(a)As used in this section, the following terms have the following meanings:
(1)Board means the Board of Administration of the Public Employees Retirement System or the Teachers Retirement Board of the State Teachers Retirement System, as applicable.
(2)Government of Turkey means the government of Turkey or its instrumentalities or political subdivisions.
(3)Public employee retirement funds means the Public Employees Retirement Fund described in Section 20062 and the Teachers Retirement Fund described in Section 22167 of the Education Code.
(4)Turkey means the Republic of Turkey.
(b)Upon passage of a federal law by both the United States House of Representatives and the United States Senate, and signed by the President of the United States, imposing sanctions on the government of Turkey for failure to officially acknowledge its responsibility for the Armenian Genocide, the board shall not make additional or new investments or renew existing investments of public employee retirement funds in any investment vehicle in the government of Turkey that meets either of the following criteria:
(1)The investment vehicle is issued by the government of Turkey.
(2)The investment vehicle is owned by the government of Turkey.
(c)The board shall liquidate investments as described in subdivision (b), within 18 months of the passage of a federal law, pursuant to subdivision (b), that imposes sanctions on the government of Turkey for failure to officially acknowledge its responsibility for the Armenian Genocide.
(d)Within one year of the passage of a federal law pursuant to subdivision (b) imposing sanctions on the government of Turkey for failure to officially acknowledge its responsibility for the Armenian Genocide, the board shall file a report with the Legislature, in compliance with Section 9795, and with the Governor, that shall include the following:
(1)A list of investment vehicles in the government of Turkey of which the board has liquidated its investments pursuant to subdivision (c).
(2)A list of investment vehicles in the government of Turkey of which the board has not liquidated its investments as a result of a determination made pursuant to subdivision (e) that a sale or transfer of investments is inconsistent with the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution and the boards findings adopted in support of that determination.
(e)Nothing in this section shall require a board to take action as described in this section unless the board determines in good faith that the action described in this section is consistent with the fiduciary responsibilities of the board described in Section 17 of Article XVI of the California Constitution.
(f)(1)Before an extension of the operation of this section, the board shall, using methods or processes as determined by the board, reevaluate the merit of continuing the prescribed divestment action, including, but not limited to, the financial effects of the divestment action on the fiduciary responsibilities of the board pursuant to Section 17 of Article XVI of the California Constitution.
(2)On or before January 1, 2024, the board shall submit a report to the Legislature with the information described in paragraph (1) on the merit of continuing the prescribed divestment action.
(3)A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.
(g)This section shall be repealed on the earlier of the following dates:
(1)Upon a determination by the board, the Department of State, the Congress of the United States, or other appropriate federal agency, that the government of Turkey has officially acknowledged its responsibility for the Armenian Genocide.
(2)January 1, 2025. 2035.
SECTION 1.This act shall be known and may be cited as the Better Access to Better Vision Act.SEC. 2.Section 2807 of the Penal Code is amended to read:2807.(a)The authority is hereby authorized and empowered to operate industrial, agricultural, and service enterprises that will provide products and services needed by the state, or any political subdivision thereof, or by the federal government, or any department, agency, or corporation thereof, or for any other public use. Products may be purchased by state agencies to be offered for sale to inmates of the department and to any other person under the care of the state who resides in state-operated institutional facilities. Fresh meat may be purchased by food service operations in state-owned facilities and sold for onsite consumption.(b)All things authorized to be produced under subdivision (a) shall be purchased by the state, or any agency thereof, and may be purchased by any county, city, district, or political subdivision, or any agency thereof, or by any state agency to offer for sale to persons residing in state-operated institutions, at the prices fixed by the authority. State agencies shall make maximum utilization of these products, and shall consult with the staff of the authority to develop new products and adapt existing products to meet their needs.(c)All products and services provided by the authority may be offered for sale to a nonprofit organization, provided that all of the following conditions are met:(1)The nonprofit organization is located in California and is exempt from taxation under Section 501(c)(3) of Title 26 of the United States Code.(2)The nonprofit organization has entered into a memorandum of understanding with a local education agency. As used in this section, local education agency means a school district, county office of education, state special school, or charter school.(3)The products and services are provided to public school students at no cost to the students or their families.(d)Notwithstanding subdivision (b), the Department of Forestry and Fire Protection may purchase personal protective equipment from the authority or private entities, based on the Department of Forestry and Fire Protections needs and assessment of quality and value.(e)Notwithstanding subdivision (b), a provider participating in the Medi-Cal program may obtain eyeglasses from the authority or private entities, based on the providers needs and assessment of quality and value.SEC. 3.Section 14131.08 is added to the Welfare and Institutions Code, to read:14131.08.For purposes of Medi-Cal reimbursement for covered optometric services pursuant to Section 14132 or 14131.10 or any other law, a provider may obtain eyeglasses from a private entity, as an alternative to a purchase of eyeglasses from the Prison Industry Authority pursuant to Section 2807 of the Penal Code. This section shall be implemented only to the extent that federal financial participation is available.This act shall be known and may be cited as the Better Access to Better Vision Act.
SECTION 1.SEC. 2.Section 2807 of the Penal Code is amended to read:2807.(a)The authority is hereby authorized and empowered to operate industrial, agricultural, and service enterprises that will provide products and services needed by the state, or any political subdivision thereof, or by the federal government, or any department, agency, or corporation thereof, or for any other public use. Products may be purchased by state agencies to be offered for sale to inmates of the department and to any other person under the care of the state who resides in state-operated institutional facilities. Fresh meat may be purchased by food service operations in state-owned facilities and sold for onsite consumption.
(b)All things authorized to be produced under subdivision (a) shall be purchased by the state, or any agency thereof, and may be purchased by any county, city, district, or political subdivision, or any agency thereof, or by any state agency to offer for sale to persons residing in state-operated institutions, at the prices fixed by the authority. State agencies shall make maximum utilization of these products, and shall consult with the staff of the authority to develop new products and adapt existing products to meet their needs.
(c)All products and services provided by the authority may be offered for sale to a nonprofit organization, provided that all of the following conditions are met:
(1)The nonprofit organization is located in California and is exempt from taxation under Section 501(c)(3) of Title 26 of the United States Code.
(2)The nonprofit organization has entered into a memorandum of understanding with a local education agency. As used in this section, local education agency means a school district, county office of education, state special school, or charter school.
(3)The products and services are provided to public school students at no cost to the students or their families.
(d)Notwithstanding subdivision (b), the Department of Forestry and Fire Protection may purchase personal protective equipment from the authority or private entities, based on the Department of Forestry and Fire Protections needs and assessment of quality and value.
(e)Notwithstanding subdivision (b), a provider participating in the Medi-Cal program may obtain eyeglasses from the authority or private entities, based on the providers needs and assessment of quality and value.
SEC. 2.SEC. 3.Section 14131.08 is added to the Welfare and Institutions Code, to read:14131.08.For purposes of Medi-Cal reimbursement for covered optometric services pursuant to Section 14132 or 14131.10 or any other law, a provider may obtain eyeglasses from a private entity, as an alternative to a purchase of eyeglasses from the Prison Industry Authority pursuant to Section 2807 of the Penal Code. This section shall be implemented only to the extent that federal financial participation is available.
(a)The authority is hereby authorized and empowered to operate industrial, agricultural, and service enterprises that will provide products and services needed by the state, or any political subdivision thereof, or by the federal government, or any department, agency, or corporation thereof, or for any other public use. Products may be purchased by state agencies to be offered for sale to inmates of the department and to any other person under the care of the state who resides in state-operated institutional facilities. Fresh meat may be purchased by food service operations in state-owned facilities and sold for onsite consumption.
(b)All things authorized to be produced under subdivision (a) shall be purchased by the state, or any agency thereof, and may be purchased by any county, city, district, or political subdivision, or any agency thereof, or by any state agency to offer for sale to persons residing in state-operated institutions, at the prices fixed by the authority. State agencies shall make maximum utilization of these products, and shall consult with the staff of the authority to develop new products and adapt existing products to meet their needs.
(c)All products and services provided by the authority may be offered for sale to a nonprofit organization, provided that all of the following conditions are met:
(1)The nonprofit organization is located in California and is exempt from taxation under Section 501(c)(3) of Title 26 of the United States Code.
(2)The nonprofit organization has entered into a memorandum of understanding with a local education agency. As used in this section, local education agency means a school district, county office of education, state special school, or charter school.
(3)The products and services are provided to public school students at no cost to the students or their families.
(d)Notwithstanding subdivision (b), the Department of Forestry and Fire Protection may purchase personal protective equipment from the authority or private entities, based on the Department of Forestry and Fire Protections needs and assessment of quality and value.
(e)Notwithstanding subdivision (b), an optometrist a provider participating in the Medi-Cal program may purchase obtain eyeglasses from the authority or private entities, based on the optometrists providers needs and assessment of quality and value.
SEC. 2.Section 14131.08 is added to the Welfare and Institutions Code, to read:14131.08.(a)For purposes of Medi-Cal reimbursement for covered optometric services pursuant to Section 14132 or 14131.10 or any other law, an optometrist may purchase a provider may obtain eyeglasses from a private entity, as an alternative to a purchase of eyeglasses from the Prison Industry Authority pursuant to Section 2807 of the Penal Code.
(b)(1)The department shall seek any necessary federal approvals to implement this section.(2)This Code. This section shall be implemented only to the extent that any necessary federal approvals are obtained and federal financial participation is available.
(a)The authority is hereby authorized and empowered to operate industrial, agricultural, and service enterprises which that will provide products and services needed by the state, or any political subdivision thereof, or by the federal government, or any department, agency, or corporation thereof, or for any other public use. Products may be purchased by state agencies to be offered for sale to inmates of the department and to any other person under the care of the state who resides in state-operated institutional facilities. Fresh meat may be purchased by food service operations in state-owned facilities and sold for onsite consumption.
(b)All things authorized to be produced under subdivision (a) shall be purchased by the state, or any agency thereof, and may be purchased by any county, city, district, or political subdivision, or any agency thereof, or by any state agency to offer for sale to persons residing in state-operated institutions, at the prices fixed by the authority. State agencies shall make maximum utilization of these products, and shall consult with the staff of the authority to develop new products and adapt existing products to meet their needs.
(c)All products and services provided by the authority may be offered for sale to a nonprofit organization, provided that all of the following conditions are met:
(1)The nonprofit organization is located in California and is exempt from taxation under Section 501(c)(3) of Title 26 of the United States Code.
(2)The nonprofit organization has entered into a memorandum of understanding with a local education agency. As used in this section, local education agency means a school district, county office of education, state special school, or charter school.
(3)The products and services are provided to public school students at no cost to the students or their families.
(d)Notwithstanding subdivision (b), the Department of Forestry and Fire Protection may purchase personal protective equipment from the authority or private entities, based on the Department of Forestry and Fire Protections needs and assessment of quality and value.
(e)Notwithstanding subdivision (b), an optometrist participating in the Medi-Cal program may purchase eyeglasses from the authority or private entities, based on the optometrists needs and assessment of quality and value.
SEC. 2.Section 14131.08 is added to the Welfare and Institutions Code, to read:14131.08.(a)For purposes of Medi-Cal reimbursement for covered optometric services pursuant to Section 14132 or 14131.10 or any other law, an optometrist may purchase eyeglasses from a private entity, as an alternative to a purchase of eyeglasses from the Prison Industry Authority pursuant to Section 2807 of the Penal Code.
(b)(1)The department shall seek any necessary federal approvals to implement this section.
(2)This section shall be implemented only to the extent that any necessary federal approvals are obtained and federal financial participation is available.
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Date
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Status
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| Sep 25, 2022 | Chaptered by Secretary of State. Chapter 541, Statutes of 2022. |
| Sep 25, 2022 | Approved by the Governor. |
| Sep 6, 2022 | Enrolled and presented to the Governor at 3:30 p.m. |
| Aug 30, 2022 | Assembly amendments concurred in. (Ayes 37. Noes 0. Page 5334.) Ordered to engrossing and enrolling. |
| Aug 30, 2022 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 30, 2022 | Read third time. Passed. Ordered to the Senate. |
| Aug 23, 2022 | Read third time and amended. |
| Aug 16, 2022 | Read second time. Ordered to third reading. |
| Aug 15, 2022 | Read second time and amended. Ordered to second reading. |
| Aug 11, 2022 | From committee: Do pass as amended. (Ayes 12. Noes 0.) (August 11). |
| Aug 11, 2022 | Joint Rule 62(a) suspended. |
| Aug 10, 2022 | August 10 set for first hearing. Placed on suspense file. |
| Aug 3, 2022 | August 3 hearing postponed by committee. |
| Jun 28, 2022 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 28). Re-referred to Com. on APPR. |
| Jun 15, 2022 | From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 13. Noes 0.) (June 14). Re-referred to Com. on PUB. S. |
| Jun 6, 2022 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH. |
| May 27, 2022 | Referred to Coms. on HEALTH and PUB. S. |
| May 25, 2022 | In Assembly. Read first time. Held at Desk. |
| May 24, 2022 | Read third time. Passed. (Ayes 37. Noes 0. Page 3880.) Ordered to the Assembly. |
| May 19, 2022 | From committee: Do pass. (Ayes 6. Noes 0. Page 3783.) (May 19). |
| May 13, 2022 | Set for hearing May 19. |
| May 9, 2022 | May 9 hearing: Placed on APPR suspense file. |
| Apr 29, 2022 | Set for hearing May 9. |
| Apr 27, 2022 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0. Page 3519.) (April 26). Re-referred to Com. on APPR. |
| Apr 4, 2022 | Read second time and amended. Re-referred to Com. on PUB. S. |
| Mar 31, 2022 | From committee: Do pass as amended and re-refer to Com. on PUB. S. (Ayes 10. Noes 0. Page 3273.) (March 30). |
| Mar 16, 2022 | Set for hearing March 30. |
| Feb 23, 2022 | Referred to Coms. on HEALTH and PUB. S. |
| Feb 17, 2022 | From printer. |
| Feb 16, 2022 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 30, 2022 | SB 1089 Wilk Senate Third Reading By Nazarian | Assembly Floor |
Passed |
|
| Aug 30, 2022 | Unfinished Business SB1089 Wilk et al. Concurrence | Senate Floor |
Passed |
|
| May 24, 2022 | Senate 3rd Reading SB1089 Wilk | Senate Floor |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Bill Author
Bill Co-Author(s):
