BILL NUMBER: SB 224	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Pavley

                        FEBRUARY 9, 2011

   An act to amend Section 10295 of the Public Contract Code,
relating to public contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 224, as introduced, Pavley. Public Contracts: Department of
Water Resources.
   Existing law provides that all contracts entered into by any state
agency for goods, services or other specified activities are void
unless and until approved by the Department of General Services. That
law exempts certain transactions and contracts from that law, as
specified.
   This bill would also exempt from that law specified contracts
entered into by the Department of Water Resources, but would exclude
from that exemption contracts for the sale, delivery, or use of water
or power from the State Water Resources Development System.
   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 10295 of the Public Contract Code is amended to
read:
   10295.  (a) All contracts entered into by any state agency for (1)
the acquisition of goods or elementary school textbooks, (2)
services, whether or not the services involve the furnishing or use
of goods or are performed by an independent contractor, (3) the
construction, alteration, improvement, repair, or maintenance of
property, real or personal, or (4) the performance of work or
services by the state agency for or in cooperation with any person,
or public body, are void unless and until approved by the department.
Every contract shall be transmitted with all papers, estimates, and
recommendations concerning it to the department and, if approved by
the department, shall be effective from the date of the approval.
   (b) This section applies to any state agency that by general or
specific statute is expressly or impliedly authorized to enter into
transactions referred to in this section.
   (c) This section does not apply to  any of  the
following:
   (1) Any transaction entered into by the Trustees of the California
State University, by the Board of Governors of the California
Community Colleges, or by a department under the State Contract Act
or the California State University Contract Law.
   (2) Any contract of a type specifically mentioned and authorized
to be entered into by the Department of Transportation under Section
14035 or 14035.5 of the Government Code, Sections 99316 to 99319,
inclusive, of the Public Utilities Code, or the Streets and Highways
Code.
   (3) Any contract entered into by the Department of Transportation
that is not funded by money derived by state tax sources but, rather,
is funded by money derived from federal or local tax sources.
   (4) Any contract entered into by the Department of Personnel
Administration for state employee benefits, occupational health and
safety, training services, or combination thereof.
   (5) Any contract let by the Legislature.
   (6) Any contract entered into under the authority of Chapter 4
(commencing with Section 11770) of Part 3 of Division 2 of the
Insurance Code. 
   (7)  Any contract of a type specifically mentioned and authorized
to be entered into by the Department of Water Resources under the
Water Code, or any contract entered into by the Department of Water
Resources that is not funded by money derived from state tax sources,
but rather, is funded by money derived from federal and local
sources. This paragraph does not apply to contracts for the sale,
delivery, or use of water or power from the State Water Resources
Development System.