AB 1852

Introduced by Assembly Member Bains
 An act to add Chapter 7 (commencing with Section 99310) to Part 65 of Division 14 of Title 3 of the Education Code, relating to medical education.
medical education
Kern Medical Education Authority.
Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, the California State University, under the administration of the Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California, as the 3 segments of public postsecondary education in the state. Existing law grants the University of California exclusive jurisdiction in public higher education over, among other things, graduate instruction in the profession of medicine.
Existing law establishes the University of California Kern County Medical Education Endowment Fund in the State Treasury. Upon appropriation by the Legislature, existing law requires moneys in the endowment fund to be allocated
		to the University of California to support the annual operating costs for the development, operation, and maintenance of a branch campus of an existing University of California School of Medicine in the County of Kern, to conduct a feasibility study related to that campus, and to generate funding through investment earnings for the support of medical education in the San Joaquin Valley. Existing law also requires moneys in the endowment fund to be used, upon appropriation by the Legislature and a determination by the Controller of sufficient funds in the endowment fund, to cover the University of California’s estimated costs of applying for and obtaining approval and accreditation from the Liaison Committee on Medical Education, as provided.
This bill would, if the office of the President of the University of California has not taken formal, verifiable steps to establish a school of medicine in the County of Kern by July 1, 2027, additionally authorize the Trustees
		of the California State University, acting through California State University, Bakersfield, and the Board of Trustees of the Kern Community College District to establish a school of medicine in the County of Kern, as provided. The bill would authorize the establishment of a unit of local government, known as the Kern Medical Education Authority, to facilitate the establishment of this medical school in the County of Kern. The bill would require the authority to governed by a Board of Governors of unspecified size, and require the California State University, Bakersfield, and the Kern Community College District to each appoint an unspecified number of members to the board. The bill would, among other things, grant the authority specified powers and duties of a local unit of government within the state, as provided.
 The bill would authorize the authority to hire employees, as provided, and would require the authority to establish salary schedules, health benefits,
		and retirement plans that are no less favorable than those offered to comparable employees within the California State University system. The bill would authorize employees of the authority to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations, as provided, and subject the authority to the jurisdiction of the Public Employment Relations Board. The bill would, among other employment rules, extend due process protections to authority employees. The bill would make employees of the authority eligible to participate in the California Public Employees’ Retirement System (CalPERS) or the California State Teachers’ Retirement System (CalSTRS), as applicable to their classification.
The bill would authorize the authority to incur indebtedness and to borrow money and issue notes and revenue bonds in principal amounts that the authority determines to be
		necessary to provide sufficient funds for achieving any of its purposes, as provided. The bill would establish that an obligation of the authority is not an obligation of the California State University or the Kern Community College District, unless otherwise agreed to by the authority and the California State University or the Kern Community College District.
The bill would authorize the authority, upon obtaining accreditation form the Liaison Committee on Medical Education, to develop curricula and grant the degree of Doctor of Medicine.
Existing law, the Ralph M. Brown Act, generally requires that all meetings of a legislative body of a local agency be open and public and that all persons be permitted to attend and participate. The California Public Records Act requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies.
The bill would subject the authority to the Ralph M. Brown Act and the California Public Records Act, with specified exemptions related to trade secrets.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Kern.
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as the Kern County Grow Our Own Doctors Act.
SEC. 2.
The Legislature finds and declares all of the following:
(a) The County of Kern suffers from a severe shortage of physicians, impacting the health and economic vitality of the region.
(b) The University of California currently holds the exclusive authority to establish a public medical school in California but has not yet exercised this authority to build a medical school in the County of Kern.
(c) The people of the County of Kern cannot wait indefinitely for the State’s primary research institution to act.
(d) If the University of California is
		  unable or unwilling to establish a medical school in the region by a reasonable deadline, local public postsecondary educational institutions must be granted the authority to fill this gap.
(e) Expanding the authority to grant Doctor of Medicine (MD) degrees to the California State University and the California Community Colleges, specifically for the purpose of granting such degrees in the County of Kern, is a necessary, common-sense solution to a public health emergency.
SEC. 3.
Chapter 7 (commencing with Section 99310) is added to Part 65 of Division 14 of Title 3 of the
Education Code
, to read:
7.
Kern Medical Education Authority
99310.
It is the intent of the Legislature to establish the Kern County School of Medicine to serve the southern San Joaquin Valley.
99310.5.
For purposes of this chapter, “authority” means the Kern Medical Education Authority established pursuant to Section 99312.
99311.
(a) If, by July 1, 2027, the office of the President of the University of California has not taken formal, verifiable steps to establish a school of medicine in the County of Kern, then authority to establish a school of medicine in the County of Kern shall additionally be granted to the Trustees of the California State University, acting through California State University, Bakersfield, and the Board of Trustees of the Kern Community College District, pursuant to the authorization granted to the Kern Medical Education Authority established by this chapter.
(b) The Regents of the University of California shall maintain their existing authority to establish a school of medicine in the County of Kern and the occurrence of the conditions
					 described in subdivision (a) does not revoke the authority of the University of California to establish a school of medicine in the County of Kern. Upon the occurrence of those conditions, both (1) the University of California and (2) the Trustees of the California State University, acting through California State University, Bakersfield, and the Board of Trustees of the Kern Community College District, may proceed with the establishment of a school of medicine in the County of Kern.
(c) For purposes of this section, “formal, verifiable steps” means either allocating capital funds for construction of a school of medicine in the County of Kern or submitting a preliminary accreditation application to the Liaison Committee on Medical Education that seeks accreditation of a school of medicine in the County of Kern.
99312.
(a) Upon the occurrence of the condition described in subdivision (a) of Section 99311, there is hereby authorized to be established a public agency known as the Kern Medical Education Authority.
(b) The authority shall be a public agency that is a local unit of government separate and apart from the California State University, the Kern Community College District, the County of Kern, and any other public entity for all purposes.
99313.
(a) The authority shall be governed by a Board of Governors of ____ members, with ____ being appointed by the California State University, Bakersfield, and ____ being appointed the Kern Community College District.
(b) The Board of Governors shall adopt bylaws for the authority that specify the officers, time, place, and conduct of meetings, and other matters deemed necessary to conduct the authority’s activities.
(c) Members of the Board of Governors shall not be vicariously liable for injuries caused by the act or omission of the authority to the extent that protection applies to members of governing boards of local public entities generally under Section 820.9 of the
					 Government Code.
99314.
Subject to the limitations of this chapter, the authority shall have the following powers:
(a) To have the duties, privileges, immunities, rights, liabilities, and limitations of a local unit of government within the state.
(b) To have perpetual existence.
(c) To sue and be sued in the name of the authority in all actions and proceedings in all courts and tribunals of competent jurisdiction.
(d) To purchase, lease, trade, exchange, or otherwise acquire, maintain, hold, improve, mortgage, lease, sell, and dispose of real and personal property of any kind necessary or
					 convenient to perform its functions.
99315.
(a) The authority may appoint, employ, or otherwise engage a chief executive officer, given the title of Dean, faculty, and other officers and employees as may be necessary.
(b) The authority may establish compensation for, provide health, retirement, and other employment benefits for, and define the power and duties of officers and employees independent of the standard classification systems of the California State University or the Kern Community College District.
(c) The authority shall establish salary schedules, health benefits, and retirement plans that are no less favorable than those offered to comparable employees within the California State University system.
99316.
(a) Employees of the authority shall have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations.
(b) For purposes of collective bargaining and employer-employee relations, the authority shall be deemed a “higher education employer” and shall be subject to the Higher Education Employer-Employee Relations Act (Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code).
(c) The authority shall be subject to the jurisdiction of the Public Employment Relations Board.
(d) To ensure a stable workforce and fair employment practices, both of the following shall apply:
(1) If the authority terminates, suspends, demotes, or reduces the pay of a permanent employee for disciplinary reasons, those actions shall only be for cause consistent with state law.
(2) An employee shall be afforded applicable due process protections granted to public employees under state law, including the right to a hearing.
(e) To the extent layoffs occur, and provided that all other previously agreed upon factors are equal, the authority shall ensure that seniority shall prevail.
(f) Employees of the authority shall be eligible to participate in the California Public Employees’ Retirement System (CalPERS) or the California State
					 Teachers’ Retirement System (CalSTRS), as applicable to their classification.
99317.
(a) The authority may incur indebtedness and borrow money and issue notes and revenue bonds in principal amounts that the authority determines to be necessary to provide sufficient funds for achieving any of its purposes.
(b) Any notes, bonds, or other securities issued, and the income from them, shall at all times be free from taxation by the state or any agency, political subdivision, or instrumentality of the state.
99318.
(a) An obligation of the authority, statutory, contractual, or otherwise shall be the obligation solely of the authority and shall not be the obligation of the California State University or the Kern Community College District, unless otherwise agreed to by the authority and the California State University or the Kern Community College District.
(b) An obligation of the authority shall not be the obligation of the state.
99319.
(a) Upon obtaining accreditation from the Liaison Committee on Medical Education, the authority may develop curricula and grant the degree of Doctor of Medicine (MD).
(b) This section constitutes a specific statutory exemption to Section 66010.4, extending the authority to grant the MD degree to the authority when acting on behalf of California State University, Bakersfield and the Kern Community College District.
99320.
(a) The authority shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) and the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(b) Notwithstanding subdivision (a), records of the authority that reveal trade secrets, including business plans for new services or rate negotiations with health care providers, shall be exempt from disclosure to the extent permitted by law, consistent with the exemptions granted to the Kern County Hospital Authority pursuant to Section 101855 of the Health and Safety Code.
SEC. 4.
The Legislature finds and declares that Section 3 of this act, which adds Section 99320 to the Education Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to enable the Kern Medical Education Authority to successfully develop and operate a medical school, it is imperative that trade secrets be exempt from disclosure.
SEC. 5.
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to empower the County of Kern to address the public health emergency caused by the county’s physician shortage.