BILL NUMBER: AB 930	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Member Saldana

                        FEBRUARY 26, 2009

    An act relating to public contracts.   An
act to amend Section 14615.1 of the Government Code, relating to
state government. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 930, as amended, Saldana.  Competitive procurement:
regulations.   Department of General Services:
Administrative Procedures Act.  
   Existing law provides that, commencing January 1, 1999, the
processes, procedures, or policies maintained, developed, or
prescribed by the Department of General Services in connection with
the administration of its duties under specified provisions of the
Public Contract Code or the Government Code are exempt from the
Administrative Procedure Act, including actions taken by the
department with respect to the State Administrative Manual and the
State Contracting Manual.  
   This bill would also apply these provisions to actions taken by
the department prior to January 1, 1999, with respect to competitive
procurement in the State Administrative Manual and the State
Contracting Manual.  
   Existing law sets forth specified requirements for state
contracts.  
   This bill would declare that the requirements of the State
Administrative Manual and the State Contracting Manual, related to
competitive procurement, are regulations with the force and effect of
law. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 14615.1 of the  
Government Code   is amended to read: 
   14615.1.   (a)    Where the Legislature directs
or authorizes the department to maintain, develop, or prescribe
processes, procedures, or policies in connection with the
administration of its duties under this chapter, Chapter 2
(commencing with Section 14650), or Part 2 (commencing with Section
10100) of Division 2 of the Public Contract Code, the action by the
department shall be exempt from the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing
with Section 11370), Chapter 4.5 (commencing with Section 11400), and
Chapter 5 (commencing with Section 11500)). This section shall apply
to actions taken by the department with respect to the State
Administrative Manual and the State Contracting Manual. 
   (b) To the extent permitted by the United States and California
Constitutions, subdivision (a) also applies to actions taken by the
department prior to January 1, 1999, with respect to competitive
procurement in the State Administrative Manual and the State
Contracting Manual.  
  SECTION 1.   The Legislature hereby finds and
declares that the requirements of the State Administrative Manual and
the State Contracting Manual, related to competitive procurement,
are regulations with the force and effect of law.