BILL NUMBER: AB 1364	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 29, 2009

INTRODUCED BY   Assembly Member Evans
    (   Principal coauthor:   Senator 
 Florez   ) 

                        FEBRUARY 27, 2009

   An act  to add Section 16482 to the Government Code, 
relating to public contracts, and declaring the urgency thereof, to
take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1364, as amended, Evans. Public contracts  : state bonds:
grant agreements. 
   Existing law permits the modification of contracts by state
agencies in specified instances.
   This bill would provide that, notwithstanding any other provision
of law, any state agency that has entered into a  contract
  grant agreement for the expenditure of state bond
funds  where the  state  agency  or grant recipient
 has or may be unable to comply with the terms of that 
contract   agreement  because of the suspension of
programs by the Pooled Money Investment Board as described in
California Department of Finance Budget Letter 08-33 shall  ,
with the consent of the grant recipient,  have  the 
authority to  amend the terms of the contract to address
contract  either renegotiate the  deadlines 
and timetables for  and deliverables within the grant
agreement  that may not be met because of that suspension in
order to preserve the validity of the agreement or to invalidate the
grant agreement  .
   This bill would declare that it would take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    Section 16482 is added to the 
 Government Code   , to read:  
   16482.  Notwithstanding any other provision of law, any state
agency that has entered into a grant agreement for the expenditure of
state bond funds where the state agency or grant recipient has or
may be unable to comply with the terms of that agreement because of
the suspension of programs by the Pooled Money Investment Board as
described in California Department of Finance Budget Letter 08-33
shall, with the consent of the grant recipient, have authority to do
either of the following:
   (a) Renegotiate the deadlines and timetables for deliverables
within the grant agreement that may not be met because of the
suspension in order to preserve the validity of the agreement.
   (b) Invalidate the grant agreement.  
  SECTION 1.   Notwithstanding any other provision
of law, any state agency that has entered into a contract where the
agency has or may be unable to comply with the terms of that contract
because of the suspension of programs by the Pooled Money Investment
Board as described in California Department of Finance Budget Letter
08-33 shall have authority to amend the terms of the contract to
address contract deadlines and deliverables that may not be met
because of that suspension. 
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to permit state agencies to take immediate action to make
needed revisions to  contracts   agreements
 , it is necessary for this act to take effect immediately.