BILL NUMBER: AB 2161	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2010

INTRODUCED BY   Assembly Member Fong

                        FEBRUARY 18, 2010

    An act to add Section 20112.1 to the Public Contract
Code, relating to public contracts.   An act to amend
Section 20112 of the Public Contract Code, relating to public
contracts. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2161, as amended, Fong. School districts: contracts: formal
bids: school facilities: notices.
   Existing law requires that a school district that seeks to let a
contract involving a specified minimum expenditure for the purchase
of equipment, materials, or supplies to be furnished, sold, or leased
to the school district, or involving a specified minimum expenditure
on a public project, publish a notice calling for bids on the
contract at least once a week for 2 weeks in  specified
newspapers,   a newspaper meeting specified criteria,
 stating the work to be done or materials or supplies to be
furnished and the time when and place where the bids will be opened.
Existing law also allows the notice to be posted on the district's
Internet Web site or through an electronic portal.
   This bill would additionally require  the governing board of a
school district  , for the purpose of securing bids for the
construction of school facilities,  notice to be posted by
the governing board   to post a notice calling for bids
 on the district's Internet Web site or through an electronic
portal, or on another Internet Web site or electronic portal if the
district does not maintain an Internet Web site.  By imposing new
requirements on school districts, this bill would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

   SECTION 1.    Section 20112 of the   Public
Contract Code   is amended to read: 
   20112.   (a)    For the purpose of securing bids
 ,  the governing board of a school district shall publish
at least once a week for two weeks in  some   a
 newspaper of general circulation published in the district, or
if there is no such paper, then in  some   a
 newspaper of general circulation, circulated in the county, and
may post on the district's  Internet  Web site or through
an electronic portal, a notice calling for bids, stating the work to
be done or materials or supplies to be furnished and the time when
and the place and the  Internet  Web site where bids will be
opened. Whether or not bids are opened exactly at the time fixed in
the public notice for opening bids, a bid shall not be received after
that time.  The governing board of the district may accept a
bid that was submitted either electronically or on paper. 

   (b) In addition to meeting the requirements of subdivision (a),
for the purpose of securing bids for the construction of school
facilities, the governing board of a school district shall post on
the district's Internet Web site or through an electronic portal a
notice calling for bids.  
   (1) If a school district does not possess or maintain an Internet
Web site, then the school district shall post a notice calling for
bids on another Internet Web site or electronic portal, including,
not limited to, an Internet Web site possessed or maintained by the
county superintendent of schools, and shall provide notice of that
Internet Web site or electronic portal at least once a week for two
weeks, following the school district's choice of an Internet Web site
or electronic portal, in a newspaper of general circulation
published in the school district, or if there is no such paper, then
in a newspaper of general circulation, circulated in the county.
 
   (2) A school district with a second principal apportionment
regular average daily attendance equal to 1,500 or less may post a
notice calling for bids on another Internet Web site pursuant to
paragraph (1) in lieu of posting a notice on the district's Internet
Web site or through an electronic portal.  
   (3) For purposes of this subdivision, "construction of school
facilities" means work under a contract involving an expenditure of
fifteen thousand dollars ($15,000) or more, which falls within the
definition of "public project" as defined in subdivisions (c) and (d)
of Section 22002.  
   (c) A school district may also distribute a notice calling for
bids through any other means, including, but not limited to,
newspapers, trade or professional journals, Internet Web sites,
electronic mail, or other print publications or electronic means.
 
   (d) The governing board of the district may accept a bid that was
submitted either electronically or on paper. 
   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  SECTION 1.    Section 20112.1 is added to the
Public Contract Code, to read:
   20112.1.  (a) For the purpose of securing bids for the
construction of school facilities, the governing board of a school
district shall post on the district's Internet Web site or through an
electronic portal a notice calling for bids. The notice calling for
bids shall state the work to be done or the materials or supplies to
be furnished and the time, place, and Internet Web site where bids
will be opened. The governing board of the school district may accept
a bid that was submitted electronically or on paper. A bid shall not
be received after the time fixed in the public notice for opening
bids, whether or not bids are opened exactly at that fixed time.
   (b) If a school district does not possess or maintain an Internet
Web site, then the school district shall post a notice calling for
bids on another Internet Web site or electronic portal, and shall
provide notice of that Internet Web site or electronic portal at
least once a week for two weeks, following the school district's
choice of an Internet Web site or electronic portal, in a newspaper
of general circulation published in the school district, or if there
is no such paper, then in a newspaper of general circulation,
circulated in the county.
   (c) A school district may also distribute a notice calling for
bids through any other means, including, but not limited to,
newspapers, trade or professional journals, Internet Web sites,
electronic mail, or other print publications or electronic means.
 
  SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.