BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 701
                                                                  Page  1

          Date of Hearing:   April 22, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                     AB 701 (Fong) - As Amended:  April 14, 2009 

          Policy Committee:                               
          EducationVote:11-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              Yes

           SUMMARY  

          This bill requires school district governing boards to post a  
          notice for bids on its Internet website or through an electronic  
          portal and sunsets the current requirement for districts to post  
          this information in a newspaper of general circulation on July  
          1, 2014, as specified.  Specifically, this bill: 

          1)Requires the notice for bids to state the work to be done or  
            the materials or supplies to be furnished at the time, place,  
            and Internet website where bids will be opened.  This measure  
            also authorizes a governing board of a school district to  
            accept a submitted electronically or on paper.  

          2)Requires a governing board of a school district, if it does  
            not maintain an Internet website, to post a bid notice on  
            another website or electronic portal and provide notice of the  
            alternative website or electronic portal at least once a week  
            for two weeks in a newspaper of general circulation, as  
            specified.  

          3)Authorizes a governing board of a school district to  
            distribute a bid notice through any other means, including,  
            but not limited to, newspapers, trade or professional  
            journals, Internet websites, electronic mail, or other print  
            publications or electronic means.  

           FISCAL EFFECT  

          GF/98 state reimbursable mandated costs, of approximately $1.4  
          million, to complete the requirements of this bill.  This cost  
          assumes approximately 25 hours per year in school district staff  








                                                                  AB 701
                                                                  Page  2

          time.   

           COMMENTS  


           1)Purpose  . Currently, school districts are only required to post  
            a notice calling for bids in a newspaper of general  
            circulation within the school district. Statute also  
            authorizes districts to post this notice on their Internet  
            website or through an electronic portal and accept bids  
            electronically.    


            According to the author, "Because of boundaries, California  
            school districts throughout the state may independently choose  
            less significant newspaper publications for notifying  
            contractors of available public projects."  The requirements  
            of this bill may result in wider distribution of a call for  
            bids.  This bill, sponsored by the California State Building  
            and Construction Trade Council, requires Internet website  
            publication for bid notices and only authorizes the  
            publication of these notices in newspapers.  


           2)Previous similar legislation  .  AB 490 (Parra) required a  
            school district to mail a notice for contract bids to  
            specified construction trade journals at least 30 calendar  
            days before the opening date of the bids.  This bill was  
            vetoed in September 2005, with the following message: 

            "Nothing in current law precludes a school district from  
            sending bid notices to construction trade journals. In fact,  
            current law already requires school districts to advertise  
            bidding opportunities in newspapers of general circulation and  
            allows them to post a notice on the districts website or  
            electronic portal. This bill would require school districts to  
            send bill notices directly to construction trade journals.  
            Mandating this practice will simply result in a reimbursable  
            cost to prepare and mail the additional bid notices."


           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916)  
          319-2081