BILL NUMBER: AB 653 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 15, 2015
INTRODUCED BY Assembly Member Levine
FEBRUARY 24, 2015
An act to add Article 3.9 (commencing with Section 66029)
to Chapter 2 of Part 40 of Division 5 of Title 3 of
amend Sections 81641 and 81644 of, and to add Section 81646 to,
the Education Code, and to add Section 20653.5 to the Public
Contract Code, relating to postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
AB 653, as amended, Levine. Postsecondary education:
intersegmental coordination in governance. community
college contracting practices.
Existing
(1) Existing 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. 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.
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.
This bill would 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.
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.
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.
(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.
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.
(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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 81641 of the
Education Code is amended to read:
81641. (a) For the purpose of securing bids
or proposals proposals, the
governing board of the community college board
district shall post on its Internet Web
site or bidding platform, or publish at least once a week for
two weeks in some newspaper of general circulation published in the
district, or if there is no such paper, then in some newspaper of
general circulation, circulated in the county
county, a notice calling for bids or proposals, stating the
work to be done or materials or supplies to be furnished and the time
when and the place where bids or proposals will be opened. Whether
or not bids or proposals are opened exactly at the time fixed in the
public notice for opening bids or proposals, a bid or proposal shall
not be received after that time.
(b) As used in this section, a "bidding platform" is an online
environment that allows users to bid for the provision of goods or
services.
SEC. 2. Section 81644 of the Education
Code is amended to read:
81644. Continuing contracts for work to be done, services to be
performed, or for apparatus or equipment to be furnished, sold,
built, installed, or repaired for the district, or for materials or
supplies to be furnished or sold to the district
district, may be made with an accepted vendor as
follows: for work or services, or for apparatus or equipment, not to
exceed five years; for materials or supplies, for a
period not to exceed three seven
years.
SEC. 3. Section 81646 is added to the
Education Code , to read:
81646. Nothing in this code shall preclude the governing board of
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.
SEC. 4. Section 20653.5 is added to the
Public Contract Code , to read:
20653.5. Nothing in this code shall preclude the governing board
of 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.
SECTION 1. It is the intent of the Legislature
that all of the following occur:
(a) That the segments of public higher education coordinate their
efforts to invest state resources in technologies that are useful to
multiple segments or campuses.
(b) That, as these segments invest in new technologies, the public
segments jointly leverage their combined purchasing power.
(c) That investments in new technology made by these segments
prioritize the ability to coordinate with other segments of higher
education.
(d) That these segments ease the student transfer process between
systems through increased coordination in the purchasing of new
technology platforms.
SEC. 2. Article 3.9 (commencing with Section
66029) is added to Chapter 2 of Part 40 of Division 5 of Title 3 of
the Education Code, to read:
Article 3.9. Intersegmental Coordination in Governance
66029. (a) The Chancellor of the California Community Colleges
and the Chancellor of the California State University shall, and the
President of the University of California is requested to, coordinate
the efforts of their respective segments when procuring systemwide
information technology and software for the purposes of enhancing
student achievement.
(b) The coordination required by this section shall only apply to
large-scale information technology and software purchases that
benefit the three segments of public postsecondary education and for
which coordination by these segments would reduce costs and increase
efficiency.
66029.3. As the segments of public postsecondary 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.