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SB-256 Public contracts: criminal offenses and statute of limitations.(2017-2018)

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Date Published: 03/21/2017 04:00 AM
SB256:v98#DOCUMENT

Amended  IN  Senate  March 20, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 256


Introduced by Senator Atkins

February 07, 2017


An act to amend Section 802 of the Penal Code, and to amend Sections 20116, 20657, 20922, and 22033 of the Public Contract Code, relating to public contracts.


LEGISLATIVE COUNSEL'S DIGEST


SB 256, as amended, Atkins. Public contracts: criminal offenses and statute of limitations.
Existing law makes it unlawful to split or separate into smaller work orders or projects for various local entities, including cities, counties, community college districts, reclamation districts, and school districts, to split or separate into smaller work orders or projects any work, project, service, or purchase for the purpose of evading laws requiring public works to be done by contract after competitive bidding. Existing law makes that act a misdemeanor if the work order or project is for a city or county.
This bill would make those acts a misdemeanor if the work order or project is for a community college district, reclamation district, or school district, or for a public agency whose governing board has by resolution elected to become subject to specified uniform construction cost accounting procedures and has notified the Controller of that election. By creating new crimes, the bill would impose a state-mandated local program.
Existing law generally requires that prosecution for an offense not punishable by death, imprisonment in the state prison, or specified felonies punishable by imprisonment in a county jail, be commenced within one year after commission of the offense, except as specified.
This bill would require that prosecution for a misdemeanor violation of the crimes described above with respect to a city, county, community college district, reclamation district, or school district, or with respect to a public agency whose governing board has by resolution elected to become subject to specified uniform construction cost accounting procedures and has notified the Controller of that election, commence within 3 years of the commission of the offense.
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 no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 802 of the Penal Code is amended to read:

802.
 (a) Except as provided in subdivision (b), (c), (d), (e), or (f), prosecution for an offense not punishable by death or imprisonment in the state prison or pursuant to subdivision (h) of Section 1170 shall be commenced within one year after commission of the offense.
(b) Prosecution for a misdemeanor violation of Section 647.6 or former Section 647a committed with or upon a minor under the age of 14 years of age shall be commenced within three years after commission of the offense.
(c) Prosecution of a misdemeanor violation of Section 729 of the Business and Professions Code shall be commenced within two years after commission of the offense.
(d) Prosecution of a misdemeanor violation of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code shall be commenced as follows:
(1) With respect to Sections 7028.17, 7068.5, and 7068.7 of the Business and Professions Code, within one year of the commission of the offense.
(2) With respect to Sections 7027.1, 7028.1, 7028.15, 7118.4, 7118.5, 7118.6, 7126, 7153, 7156, 7157, 7158, 7159.5 (licensee only), 7159.14 (licensee only), 7161, and 7189 of the Business and Professions Code, within two years of the commission of the offense.
(3) With respect to Sections 7027.3 and 7028.16 of the Business and Professions Code, within three years of the commission of the offense.
(4) With respect to Sections 7028, 7159.5 (nonlicensee only), and 7159.14 (nonlicensee only) of the Business and Professions Code, within four years of the commission of the offense.
(e) Prosecution for a misdemeanor violation of Section 6126, 10085.6, 10139, or 10147.6 of the Business and Professions Code or Section 2944.6 or 2944.7 of the Civil Code shall be commenced within three years after discovery of the commission of the offense, or within three years after completion of the offense, whichever is later.
(f) Prosecution for a misdemeanor violation of Section 20116, 20123.5, 20150.11, 20163, 20657, 20922, or 22033 of the Public Contract Code shall commence within three years of the commission of the offense.

SEC. 2.

 Section 20116 of the Public Contract Code is amended to read:

20116.
 It shall be unlawful to split or separate into smaller work orders or projects any work, project, service, or purchase for the purpose of evading the provisions of this article requiring contracting after competitive bidding. Every person who willfully violates this section is guilty of a misdemeanor.
The district shall maintain job orders or similar records indicating the total cost expended on each project in accordance with the procedures established in the most recent edition of the California School Accounting Manual for a period of not less than three years after completion of the project.
Informal bidding may be used on work, projects, services, or purchases that cost up to the limits set forth in this article. For the purpose of securing informal bids, the board shall publish annually in a newspaper of general circulation published in the district, or if there is no such newspaper, then in some newspaper in general circulation in the county, a notice inviting contractors to register to be notified of future informal bidding projects. All contractors included on the informal bidding list shall be given notice of all informal bid projects in any manner as the district deems appropriate.

SEC. 3.

 Section 20657 of the Public Contract Code is amended to read:

20657.
 It shall be unlawful to split or separate into smaller work orders or projects any work, project, service, or purchase for the purpose of evading the provisions of this article requiring contracting after competitive bidding. Every person who willfully violates this section is guilty of a misdemeanor.
The district shall maintain job orders or similar records indicating the total cost expended on each project in accordance with the procedures established in the most recent edition of the California Community Colleges Budget and Accounting Manual for a period of not less than three years after completion of the project.
Informal bidding may be used on work, projects, services, or purchases that cost up to the limits set forth in this article. For the purpose of securing informal bids, the board shall publish annually in a newspaper of general circulation published in the district, or if there is no such newspaper, then in some newspaper in general circulation in the county, a notice inviting contractors to register to be notified of future informal bidding projects. All contractors included on the informal bidding list shall be given notice of all informal bid projects, in any manner as the district deems appropriate.

SEC. 4.

 Section 20922 of the Public Contract Code is amended to read:

20922.
 It is unlawful to split or separate into smaller work orders or projects any work or project for the purpose of evading the provisions of this article requiring work to be done by contract after competitive bidding. Every person who willfully violates this section is guilty of a misdemeanor.

SEC. 5.

 Section 22033 of the Public Contract Code is amended to read:

22033.
 It shall be unlawful to split or separate into smaller work orders or projects any work or project for the purpose of evading the provisions of this article requiring work to be done by contract after competitive bidding. Every person who willfully violates this section is guilty of a misdemeanor.

SEC. 6.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.