Bill Text: CA AB701 | 2009-2010 | Regular Session | Amended

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Bill Title: School districts: contracts: formal bids: notices.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB701 Detail]

Download: California-2009-AB701-Amended.html

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BILL NUMBER: AB 701	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2009
	AMENDED IN ASSEMBLY  MARCH 24, 2009

INTRODUCED BY   Assembly Member Fong

                        FEBRUARY 26, 2009

   An act to amend  and repeal  Section 20112  of
  of, and to add Section 20112.1 to,  the Public
Contract Code, relating to public contracts.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 701, as amended, Fong. School districts: contracts: formal
bids: notices.
   Existing law requires that a school district that seeks to let a
contract involving a specified minimum expenditure for the purchase
of equipment, materials, or supplies to be furnished, sold, or leased
to the school district, or involving a specified minimum expenditure
on a public project, publish a notice calling for bids on the
contract at least once a week for  two   2 
weeks in  a newspaper of general circulation  
specified newspapers  , stating the work to be done or materials
or supplies to be furnished and the time when and place where the
bids will be opened. Existing law also allows the notice to be posted
on the district's Internet Web site or through an electronic portal.

   This bill would  , as of January 1, 2015, repeal the
provisions requiring publication of a notice calling for bids in
specified newspapers as of January 1, 2015, and would 
additionally require the notice to be posted on the district's
Internet Web site or through an electronic portal  , or on
another Internet Web site or electronic portal if the district does
not maintain an Internet Web site  .
   By imposing new requirements on school districts, this bill would
impose 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   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.  Section 20112 of the Public Contract Code is amended to
read:
   20112.   (a)    For the purpose of securing bids
the governing board of a school district shall publish at least once
a week for two weeks in  a  newspaper of general
circulation published in the district, or if there is no such paper,
then  in   a  newspaper of general
circulation, circulated in the county,  and shall post on the
district's Internet Web site or through an electronic portal,
 a notice calling for bids, stating the work to be done or
materials or supplies to be furnished and the time when and the place
and the Internet Web site where bids will be opened. Whether or not
bids are opened exactly at the time fixed in the public notice for
opening bids, a bid shall not be received after that time. The
governing board of the district may accept a bid that was submitted
either electronically or on paper. 
   (b) This section shall become inoperative on July 1, 2014, and as
of January 1, 2015, is repealed. 
   SEC. 2.    Section 20112.1 is added to the  
Public Contract Code   , to read:  
   20112.1.  (a) For the purpose of securing bids, the governing
board of a school district shall post on the district's Internet Web
site or through an electronic portal, a notice calling for bids. The
notice calling for bids shall state the work to be done or the
materials or supplies to be furnished and the time, place, and
Internet Web site where bids will be opened. The governing board of
the school district may accept a bid that was submitted
electronically or on paper. A bid shall not be received after the
time fixed in the public notice for opening bids, whether or not bids
are opened exactly at that fixed time.
   (b) If a school district does not possess or maintain an Internet
Web site, then the school district shall post a notice calling for
bids on another Internet Web site or electronic portal, and shall
provide notice of that Internet Web site or electronic portal at
least once a week for two weeks, following the school district's
choice of an Internet Web site or electronic portal, in a newspaper
of general circulation published in the school district, or if there
is no such paper, then in a newspaper of general circulation,
circulated in the county.
   (c) A school district may also distribute a notice calling for
bids through any other means, including, but not limited to,
newspapers, trade or professional journals, Internet Web sites,
electronic mail, or other print publications or electronic means.

   SEC. 2.   SEC. 3.   If the Commission on
State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.