Amended in Senate June 15, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 653


Introduced by Assembly Member Levine

February 24, 2015


An act tobegin delete add Article 3.9 (commencing with Section 66029) to Chapter 2 of Part 40 of Division 5 of Title 3 ofend deletebegin insert amend Sections 81641 and 81644 of, and to add Section 81646 to,end insert the Education Code,begin insert and to add Section 20653.5 to the Public Contract Code,end insert relating to postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

AB 653, as amended, Levine. Postsecondary education:begin delete intersegmental coordination in governance.end deletebegin insert community college contracting practices.end insert

begin delete

Existing

end delete

begin insert(1)end insertbegin insertend insertbegin insertExistingend insert law establishes the California State University, the University of California, and the California Community Colleges as the 3 segments of public postsecondary education in this state.begin delete The missions and functions of these segments are set forth, among other things, in the Donahoe Higher Education Act. Provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the regents act, by resolution, to make them applicable.end delete

begin insert

Existing law requires the governing board of a community college district to publish a notice calling for bids or proposals in a newspaper of general circulation. Existing law requires this notice to state the work proposed to be done or the materials or supplies to be furnished and the time when, and the place where, bids or proposals will be opened.

end insert

This bill wouldbegin delete express the intent of the Legislature that the segments of public higher education coordinate their efforts to invest state resources in technologies that are useful to multiple segments or campuses. The bill would add a provision to the Donahoe Higher Education Act requiring the Chancellor of the California Community Colleges and the Chancellor of the California State University, and requesting the President of the University of California, to coordinate the efforts of their respective segments when procuring systemwide information technology and software for the purposes of enhancing student achievement. The bill would specify that the coordination it requires would apply only to large-scale information technology and software purchases that benefit the 3 segments of public postsecondary education and for which coordination by these segments would reduce costs and increase efficiency. The bill would further provide that, as the public segments of higher education invest in, and upgrade, infrastructure and software for data storage and analysis, these segments shall develop procedures to coordinate the collection of, and to share, student performance data in a manner that is consistent with state and federal privacy law.end deletebegin insert authorize the governing board of a community college district to alternatively post the notice described above on its Internet Web site or its bidding platform, as defined.end insert

begin delete

Because these provisions would be added to the Donahoe Higher Education Act, they would apply to the University of California only to the extent that the regents act, by resolution, to make them applicable.

end delete
begin insert

(2) Existing law provides that continuing contracts for work to be done or services to be performed for, or for apparatus or equipment to be furnished, sold, built, installed, or repaired for, a community college district, may be made for a period not to exceed 5 years, and that contracts for materials and supplies to be furnished or sold to a district may be made for a period not to exceed 3 years.

end insert
begin insert

This bill would provide that the contracts for work, services, apparatus or equipment, and materials and supplies for a community college district, as referenced above, may be made for a period not to exceed 7 years.

end insert
begin insert

(3) Existing law declares that nothing in the Public Contract Code precludes the governing board of a community college district from purchasing materials, equipment, or supplies through the Department of General Services pursuant to a specified statute.

end insert
begin insert

This bill would declare that nothing in either the Education Code or the Public Contract Code would preclude a community college district from purchasing materials, equipment, supplies, or services under the same terms and conditions as are specified in a contract lawfully awarded by the University of California or the California State University.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 81641 of the end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert

3

81641.  

begin insert(a)end insertbegin insertend insertFor the purpose of securing bids orbegin delete proposalsend delete
4begin insert proposals,end insert thebegin insert governing board of theend insert community collegebegin delete boardend delete
5begin insert districtend insert shallbegin insert post on its Internet Web site or bidding platform, orend insert
6 publish at least once a week for two weeks in some newspaper of
7general circulation published in the district, or if there is no such
8paper, then in some newspaper of general circulation, circulated
9in thebegin delete countyend deletebegin insert county,end insert a notice calling for bids or proposals, stating
10the work to be done or materials or supplies to be furnished and
11the time when and the place where bids or proposals will be
12opened. Whether or not bids or proposals are opened exactly at
13the time fixed in the public notice for opening bids or proposals,
14a bid or proposal shall not be received after that time.

begin insert

15(b) As used in this section, a “bidding platform” is an online
16environment that allows users to bid for the provision of goods or
17services.

end insert
18begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 81644 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
19read:end insert

20

81644.  

Continuing contracts for work to be done, services to
21be performed, or for apparatus or equipment to be furnished, sold,
22built, installed, or repaired for the district, or for materials or
23supplies to be furnished or sold to thebegin delete districtend deletebegin insert district,end insert may be made
24with an accepted vendorbegin delete as follows: for work or services, or for
25apparatus or equipment, not to exceed five years; for materials or
26supplies,end delete
begin insert for a periodend insert not to exceedbegin delete threeend deletebegin insert sevenend insert years.

27begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 81646 is added to the end insertbegin insertEducation Codeend insertbegin insert, to read:end insert

begin insert
28

begin insert81646.end insert  

Nothing in this code shall preclude the governing board
29of a community college district from purchasing materials,
30equipment, supplies, or services under the same terms and
P4    1conditions as are specified in a contract lawfully awarded by the
2University of California or the California State University.

end insert
3begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 20653.5 is added to the end insertbegin insertPublic Contract Codeend insertbegin insert,
4to read:end insert

begin insert
5

begin insert20653.5.end insert  

Nothing in this code shall preclude the governing
6board of a community college district from purchasing materials,
7equipment, supplies, or services under the same terms and
8conditions as are specified in a contract lawfully awarded by the
9University of California or the California State University.

end insert
begin delete
10

SECTION 1.  

It is the intent of the Legislature that all of the
11following occur:

12(a) That the segments of public higher education coordinate
13their efforts to invest state resources in technologies that are useful
14to multiple segments or campuses.

15(b) That, as these segments invest in new technologies, the
16public segments jointly leverage their combined purchasing power.

17(c) That investments in new technology made by these segments
18prioritize the ability to coordinate with other segments of higher
19education.

20(d) That these segments ease the student transfer process
21between systems through increased coordination in the purchasing
22of new technology platforms.

end delete
begin delete23

SEC. 2.  

Article 3.9 (commencing with Section 66029) is added
24to Chapter 2 of Part 40 of Division 5 of Title 3 of the Education
25Code
, to read:

26 

27Article 3.9.  Intersegmental Coordination in Governance
28

 

29

66029.  

(a) The Chancellor of the California Community
30Colleges and the Chancellor of the California State University
31shall, and the President of the University of California is requested
32to, coordinate the efforts of their respective segments when
33procuring systemwide information technology and software for
34the purposes of enhancing student achievement.

35(b) The coordination required by this section shall only apply
36to large-scale information technology and software purchases that
37benefit the three segments of public postsecondary education and
38for which coordination by these segments would reduce costs and
39increase efficiency.

P5    1

66029.3.  

As the segments of public postsecondary education
2invest in, and upgrade, infrastructure and software for data storage
3and analysis, these segments shall develop procedures to coordinate
4the collection of, and to share, student performance data in a
5manner that is consistent with state and federal privacy law.

end delete


O

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