SB 256: 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.