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RA-1 Legislative Bill Action ................................ ............................... improvement of any structure, building, road or other imprc, mment is competitively bid and a protest is made, the contract may be-entered into pending final decision on the protest. If the con- tract is later determined to be invalid due to a defect or defects in the competitive bid process, this bill entitles the contractor who entered into the contract with the public entity to be paid the rea- sonable cost, specifically excluding profit, of the labor, equipment, materials and services furnished by the contractor prior to the date of the determina- tion, subject to conditions. AB 453 overturns a longstanding principle of contractor's bearing risk. City officials argue that this bill would reduce the incentive for bidders to comply with bidding regulations, knowing that they would still receive some payment unless fraud could be conclusively proven. This would invite a new level of gamesmanship in the bidding process, as well as increased litigation. Staff: Natasha Fooman; Status: SenJud;Hrg -7/1, Position: Oppose. SB 966 (Alarcon). Contractor's Costs. The author has offered amendments to SB 966 that are intended to address two concerns raised by public agencies. First, the original section 1781 (a) (2) was deleted from the bill. Second, the original section 1781 (a) has been amended to narrow the circumstances in which a contractor may recover "increased costs." The amendments seek to address concerns that a contractor that assumed in its bid pricing that a project would be a prevailing wage project might be able to claim entitlement to reimbursement for "increased costs" when a deci- sion issues that a project does indeed require the payment of prevailing wages. Without these amendments to require a positive representation by a public entity that the project is in fact a prevailing wage contract the bill should be opposed. Taxpay- ers will end up losing large amounts of money because a contractor claims to have not known the law. Also this is unfair to public agencies that will lose on local agencies additional burdens at the time of fiscal crisis. SB 966 authorizes a contractor to bring an action in a court of competent jurisdic- tion to recover from a public agency any increased costs incurred by the contractor as a result of (1) any decision that classifies, after the time at which the awarding body accepts the contractor's bid, a project as a "public work," or (2) a change, after the time at which the awarding body accepts the contractor's bid, in the prevailing wage rate. Staff: Natasha Fooman; Status: AsLabBEmp;Hrg -7/9. Position: Review and Comment. AB 872 (Strickland). Speed Limits. AB 872 passed out of the Assembly by a vote of 77 -0. The bill does not implement a new prima facie speed limit or change the use of the 85th percentile methodology in setting speed limits; it does amend Sec. 627 of the CVC by adding "persons at work" to roadway users whose safety can be considered by the local authority in setting speed limits, and also clarifies that the local authority is the entity that can consider the safety of roadway users in applying the 85th percentile methodology. Support letters have been received from public agencies and private utilities whose employees are required to work in and adjacent to roadways, and whose safety is endangered by high speed drivers. Staff: Natasha Fooman; Status: SenTrans;Hrg -7/8, Position: Support. PUBLIC SAFETY AB 150 (Reyes). Sex Offender Registration. AB 150 clarifies that a person required to register as a convicted sex offender who violates more than one requirement of the sex offender registration law, or who violates the same requirement more than once, commits a separate continuing offense each time. Current law states if an offender returns to the original jurisdiction, then a new duty arises because the local law enforcement agency has a renewed interest in keeping him or her under surveillance. However, this responsibility is not expressly written in the statute. AB 150 makes it clear and unambiguous that a sex offender must register within a prescribed period of time each time he or she enters a jurisdiction. Staff: Natasha Fooman, Status: SenApps, Position: Support. AB 131 (Parra). Firearms. Prohibitions. Juvenile Offenders. AB 1315 expands the scope of the existing law prohibiting a juvenile adjudicated of specified offenses from possessing any firearm until the age of 30. Specifically, AB 1315 prohibits a PAGE 10 /PRIORITY FOCUS Visit the League's Official Web Site-- www.cacities.org