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| 1 | + | Amended IN Senate March 08, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 569Introduced by Senator UmbergFebruary 18, 2021 An act relating to courts. to amend Section 19204 of the Public Contract Code, relating to public contracts.LEGISLATIVE COUNSEL'S DIGESTSB 569, as amended, Umberg. Court construction contracts. Public contracts: judicial branch entities.Existing law, the California Judicial Branch Contract Law, requires judicial branch entities to comply with specified provisions of the Public Contract Code that are applicable to state agencies and departments, related to the procurement of goods and services, including information technology goods and services. Existing law, except as specified, requires all contracts with total cost estimated at more than $1,000,000, to be subject to the review and recommendations of the Bureau of State Audits to ensure compliance with that law. Existing law requires all judicial branch entities to notify the California State Auditor, in writing, of the existence of any such contracts within 10 business days of entering the contract.This bill would instead require all contracts, as described above, with total cost estimated at more than $750,000, except as specified, to be subject to the review and recommendations of the Bureau of State Audits to ensure compliance with that law. The bill would require all judicial branch entities to also notify the members of the Legislature, in writing, of the existence of any such contracts within 10 business days of entering the contract.The California Constitution vests the judicial power of the state in the Supreme Court, courts of appeal, and superior courts. Existing law establishes the State Court Facilities Construction Fund, the proceeds of which are intended for the improvement of court facilities and court construction for the purposes of furthering reasonable access to the courts and judicial process throughout the state for all parties.This bill would state the intent of the Legislature to enact legislation relating to court construction contracts.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 19204 of the Public Contract Code is amended to read:19204. (a) All judicial branch entities shall comply with the provisions of this code that are applicable to state agencies and departments related to the procurement of goods and services, including information technology goods and services. All contracts with total cost estimated at more than one million dollars ($1,000,000), seven hundred fifty thousand dollars ($750,000), except contracts covered by Section 68511.9 of the Government Code, shall be subject to the review and recommendations of the Bureau of State Audits to ensure compliance with this part. All judicial branch entities shall notify the California State Auditor, Auditor and the members of the Legislature, in writing, of the existence of any such contracts within 10 business days of entering the contract. In addition, all administrative and infrastructure information technology projects of the Judicial Council or the courts with total costs estimated at more than five million dollars ($5,000,000) shall be subject to the reviews and recommendations of the California Technology Agency, Department of Technology, as specified in Section 68511.9 of the Government Code.(b) Except as provided in subdivision (c), procurement and contracting for the planning, design, construction, rehabilitation, renovation, replacement, lease, or acquisition of court facilities shall be conducted by judicial branch entities consistent with the relevant provisions of this code applicable to state agencies.(c) Notwithstanding any other provision of law, this part does not apply to procurement and contracting by judicial branch entities that are related to trial court construction, including, but not limited to, the planning, design, construction, rehabilitation, renovation, replacement, lease, or acquisition of trial court facilities. However, this part shall apply to contracts for maintenance of all judicial branch facilities that are not under the operation and management of the Department of General Services.(d) Only until the Judicial Council adopts the Judicial Branch Contracting Manual required pursuant to Section 19206, judicial branch entities shall instead be governed by applicable policies and procedures in the State Administrative Manual and the State Contracting Manual, or policies and procedures as otherwise required by law to be adopted by the Department of General Services applicable to state agencies.SECTION 1.It is the intent of the Legislature to enact legislation relating to court construction contracts. | |
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| 3 | + | Amended IN Senate March 08, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 569Introduced by Senator UmbergFebruary 18, 2021 An act relating to courts. to amend Section 19204 of the Public Contract Code, relating to public contracts.LEGISLATIVE COUNSEL'S DIGESTSB 569, as amended, Umberg. Court construction contracts. Public contracts: judicial branch entities.Existing law, the California Judicial Branch Contract Law, requires judicial branch entities to comply with specified provisions of the Public Contract Code that are applicable to state agencies and departments, related to the procurement of goods and services, including information technology goods and services. Existing law, except as specified, requires all contracts with total cost estimated at more than $1,000,000, to be subject to the review and recommendations of the Bureau of State Audits to ensure compliance with that law. Existing law requires all judicial branch entities to notify the California State Auditor, in writing, of the existence of any such contracts within 10 business days of entering the contract.This bill would instead require all contracts, as described above, with total cost estimated at more than $750,000, except as specified, to be subject to the review and recommendations of the Bureau of State Audits to ensure compliance with that law. The bill would require all judicial branch entities to also notify the members of the Legislature, in writing, of the existence of any such contracts within 10 business days of entering the contract.The California Constitution vests the judicial power of the state in the Supreme Court, courts of appeal, and superior courts. Existing law establishes the State Court Facilities Construction Fund, the proceeds of which are intended for the improvement of court facilities and court construction for the purposes of furthering reasonable access to the courts and judicial process throughout the state for all parties.This bill would state the intent of the Legislature to enact legislation relating to court construction contracts.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO | |
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| 5 | - | ||
| 5 | + | Amended IN Senate March 08, 2021 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate April 19, 2021 | |
| 8 | 7 | Amended IN Senate March 08, 2021 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Senate Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 569 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Senator UmbergFebruary 18, 2021 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Senator Umberg | |
| 19 | 18 | February 18, 2021 | |
| 20 | 19 | ||
| 21 | - | An act to amend Section 19204 of the Public Contract Code, relating to public contracts. | |
| 20 | + | An act relating to courts. to amend Section 19204 of the Public Contract Code, relating to public contracts. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | - | SB 569, as amended, Umberg. Public contracts: judicial branch entities. | |
| 26 | + | SB 569, as amended, Umberg. Court construction contracts. Public contracts: judicial branch entities. | |
| 28 | 27 | ||
| 29 | - | Existing law, the California Judicial Branch Contract Law, requires judicial branch entities to comply with specified provisions of the Public Contract Code that are applicable to state agencies and departments, related to the procurement of goods and services, including information technology goods and services. Existing law, except as specified, requires all contracts with total cost estimated at more than $1,000,000, to be subject to the review and recommendations of the Bureau of State Audits | |
| 28 | + | Existing law, the California Judicial Branch Contract Law, requires judicial branch entities to comply with specified provisions of the Public Contract Code that are applicable to state agencies and departments, related to the procurement of goods and services, including information technology goods and services. Existing law, except as specified, requires all contracts with total cost estimated at more than $1,000,000, to be subject to the review and recommendations of the Bureau of State Audits to ensure compliance with that law. Existing law requires all judicial branch entities to notify the California State Auditor, in writing, of the existence of any such contracts within 10 business days of entering the contract.This bill would instead require all contracts, as described above, with total cost estimated at more than $750,000, except as specified, to be subject to the review and recommendations of the Bureau of State Audits to ensure compliance with that law. The bill would require all judicial branch entities to also notify the members of the Legislature, in writing, of the existence of any such contracts within 10 business days of entering the contract.The California Constitution vests the judicial power of the state in the Supreme Court, courts of appeal, and superior courts. Existing law establishes the State Court Facilities Construction Fund, the proceeds of which are intended for the improvement of court facilities and court construction for the purposes of furthering reasonable access to the courts and judicial process throughout the state for all parties.This bill would state the intent of the Legislature to enact legislation relating to court construction contracts. | |
| 30 | 29 | ||
| 31 | - | Existing law, the California Judicial Branch Contract Law, requires judicial branch entities to comply with specified provisions of the Public Contract Code that are applicable to state agencies and departments, related to the procurement of goods and services, including information technology goods and services. Existing law, except as specified, requires all contracts with total cost estimated at more than $1,000,000, to be subject to the review and recommendations of the Bureau of State Audits | |
| 30 | + | Existing law, the California Judicial Branch Contract Law, requires judicial branch entities to comply with specified provisions of the Public Contract Code that are applicable to state agencies and departments, related to the procurement of goods and services, including information technology goods and services. Existing law, except as specified, requires all contracts with total cost estimated at more than $1,000,000, to be subject to the review and recommendations of the Bureau of State Audits to ensure compliance with that law. Existing law requires all judicial branch entities to notify the California State Auditor, in writing, of the existence of any such contracts within 10 business days of entering the contract. | |
| 32 | 31 | ||
| 33 | - | This bill would instead require all contracts, as described above, with total cost estimated at more than $750,000, except as specified, to be subject to the review and recommendations of the Bureau of State Audits to ensure compliance with that law. The bill would require all judicial branch entities to also notify the members of the Legislature, | |
| 32 | + | This bill would instead require all contracts, as described above, with total cost estimated at more than $750,000, except as specified, to be subject to the review and recommendations of the Bureau of State Audits to ensure compliance with that law. The bill would require all judicial branch entities to also notify the members of the Legislature, in writing, of the existence of any such contracts within 10 business days of entering the contract. | |
| 34 | 33 | ||
| 35 | - | ||
| 34 | + | The California Constitution vests the judicial power of the state in the Supreme Court, courts of appeal, and superior courts. Existing law establishes the State Court Facilities Construction Fund, the proceeds of which are intended for the improvement of court facilities and court construction for the purposes of furthering reasonable access to the courts and judicial process throughout the state for all parties. | |
| 36 | 35 | ||
| 37 | - | This bill would instead require all contracts, as described above, with a total cost estimated at more than $1,000,000 to be subject to the review and recommendations of the Department of Technology. The bill would also require the judicial branch entities to notify the California State Auditor and members of the Legislature who serve on specified legislative committees, in writing, of the existence of any such contracts within 10 business days of entering the contract. | |
| 38 | 36 | ||
| 39 | - | The bill would require all judicial branch entities, by January 1, 2023, to have developed and instituted sufficient policies and procedures to comply with the above requirements. | |
| 37 | + | ||
| 38 | + | This bill would state the intent of the Legislature to enact legislation relating to court construction contracts. | |
| 39 | + | ||
| 40 | + | ||
| 40 | 41 | ||
| 41 | 42 | ## Digest Key | |
| 42 | 43 | ||
| 43 | 44 | ## Bill Text | |
| 44 | 45 | ||
| 45 | - | The people of the State of California do enact as follows:SECTION 1. Section 19204 of the Public Contract Code is amended to read:19204. (a | |
| 46 | + | The people of the State of California do enact as follows:SECTION 1. Section 19204 of the Public Contract Code is amended to read:19204. (a) All judicial branch entities shall comply with the provisions of this code that are applicable to state agencies and departments related to the procurement of goods and services, including information technology goods and services. All contracts with total cost estimated at more than one million dollars ($1,000,000), seven hundred fifty thousand dollars ($750,000), except contracts covered by Section 68511.9 of the Government Code, shall be subject to the review and recommendations of the Bureau of State Audits to ensure compliance with this part. All judicial branch entities shall notify the California State Auditor, Auditor and the members of the Legislature, in writing, of the existence of any such contracts within 10 business days of entering the contract. In addition, all administrative and infrastructure information technology projects of the Judicial Council or the courts with total costs estimated at more than five million dollars ($5,000,000) shall be subject to the reviews and recommendations of the California Technology Agency, Department of Technology, as specified in Section 68511.9 of the Government Code.(b) Except as provided in subdivision (c), procurement and contracting for the planning, design, construction, rehabilitation, renovation, replacement, lease, or acquisition of court facilities shall be conducted by judicial branch entities consistent with the relevant provisions of this code applicable to state agencies.(c) Notwithstanding any other provision of law, this part does not apply to procurement and contracting by judicial branch entities that are related to trial court construction, including, but not limited to, the planning, design, construction, rehabilitation, renovation, replacement, lease, or acquisition of trial court facilities. However, this part shall apply to contracts for maintenance of all judicial branch facilities that are not under the operation and management of the Department of General Services.(d) Only until the Judicial Council adopts the Judicial Branch Contracting Manual required pursuant to Section 19206, judicial branch entities shall instead be governed by applicable policies and procedures in the State Administrative Manual and the State Contracting Manual, or policies and procedures as otherwise required by law to be adopted by the Department of General Services applicable to state agencies.SECTION 1.It is the intent of the Legislature to enact legislation relating to court construction contracts. | |
| 46 | 47 | ||
| 47 | 48 | The people of the State of California do enact as follows: | |
| 48 | 49 | ||
| 49 | 50 | ## The people of the State of California do enact as follows: | |
| 50 | 51 | ||
| 51 | - | SECTION 1. Section 19204 of the Public Contract Code is amended to read:19204. (a | |
| 52 | + | SECTION 1. Section 19204 of the Public Contract Code is amended to read:19204. (a) All judicial branch entities shall comply with the provisions of this code that are applicable to state agencies and departments related to the procurement of goods and services, including information technology goods and services. All contracts with total cost estimated at more than one million dollars ($1,000,000), seven hundred fifty thousand dollars ($750,000), except contracts covered by Section 68511.9 of the Government Code, shall be subject to the review and recommendations of the Bureau of State Audits to ensure compliance with this part. All judicial branch entities shall notify the California State Auditor, Auditor and the members of the Legislature, in writing, of the existence of any such contracts within 10 business days of entering the contract. In addition, all administrative and infrastructure information technology projects of the Judicial Council or the courts with total costs estimated at more than five million dollars ($5,000,000) shall be subject to the reviews and recommendations of the California Technology Agency, Department of Technology, as specified in Section 68511.9 of the Government Code.(b) Except as provided in subdivision (c), procurement and contracting for the planning, design, construction, rehabilitation, renovation, replacement, lease, or acquisition of court facilities shall be conducted by judicial branch entities consistent with the relevant provisions of this code applicable to state agencies.(c) Notwithstanding any other provision of law, this part does not apply to procurement and contracting by judicial branch entities that are related to trial court construction, including, but not limited to, the planning, design, construction, rehabilitation, renovation, replacement, lease, or acquisition of trial court facilities. However, this part shall apply to contracts for maintenance of all judicial branch facilities that are not under the operation and management of the Department of General Services.(d) Only until the Judicial Council adopts the Judicial Branch Contracting Manual required pursuant to Section 19206, judicial branch entities shall instead be governed by applicable policies and procedures in the State Administrative Manual and the State Contracting Manual, or policies and procedures as otherwise required by law to be adopted by the Department of General Services applicable to state agencies. | |
| 52 | 53 | ||
| 53 | 54 | SECTION 1. Section 19204 of the Public Contract Code is amended to read: | |
| 54 | 55 | ||
| 55 | 56 | ### SECTION 1. | |
| 56 | 57 | ||
| 57 | - | 19204. (a | |
| 58 | + | 19204. (a) All judicial branch entities shall comply with the provisions of this code that are applicable to state agencies and departments related to the procurement of goods and services, including information technology goods and services. All contracts with total cost estimated at more than one million dollars ($1,000,000), seven hundred fifty thousand dollars ($750,000), except contracts covered by Section 68511.9 of the Government Code, shall be subject to the review and recommendations of the Bureau of State Audits to ensure compliance with this part. All judicial branch entities shall notify the California State Auditor, Auditor and the members of the Legislature, in writing, of the existence of any such contracts within 10 business days of entering the contract. In addition, all administrative and infrastructure information technology projects of the Judicial Council or the courts with total costs estimated at more than five million dollars ($5,000,000) shall be subject to the reviews and recommendations of the California Technology Agency, Department of Technology, as specified in Section 68511.9 of the Government Code.(b) Except as provided in subdivision (c), procurement and contracting for the planning, design, construction, rehabilitation, renovation, replacement, lease, or acquisition of court facilities shall be conducted by judicial branch entities consistent with the relevant provisions of this code applicable to state agencies.(c) Notwithstanding any other provision of law, this part does not apply to procurement and contracting by judicial branch entities that are related to trial court construction, including, but not limited to, the planning, design, construction, rehabilitation, renovation, replacement, lease, or acquisition of trial court facilities. However, this part shall apply to contracts for maintenance of all judicial branch facilities that are not under the operation and management of the Department of General Services.(d) Only until the Judicial Council adopts the Judicial Branch Contracting Manual required pursuant to Section 19206, judicial branch entities shall instead be governed by applicable policies and procedures in the State Administrative Manual and the State Contracting Manual, or policies and procedures as otherwise required by law to be adopted by the Department of General Services applicable to state agencies. | |
| 58 | 59 | ||
| 59 | - | 19204. (a | |
| 60 | + | 19204. (a) All judicial branch entities shall comply with the provisions of this code that are applicable to state agencies and departments related to the procurement of goods and services, including information technology goods and services. All contracts with total cost estimated at more than one million dollars ($1,000,000), seven hundred fifty thousand dollars ($750,000), except contracts covered by Section 68511.9 of the Government Code, shall be subject to the review and recommendations of the Bureau of State Audits to ensure compliance with this part. All judicial branch entities shall notify the California State Auditor, Auditor and the members of the Legislature, in writing, of the existence of any such contracts within 10 business days of entering the contract. In addition, all administrative and infrastructure information technology projects of the Judicial Council or the courts with total costs estimated at more than five million dollars ($5,000,000) shall be subject to the reviews and recommendations of the California Technology Agency, Department of Technology, as specified in Section 68511.9 of the Government Code.(b) Except as provided in subdivision (c), procurement and contracting for the planning, design, construction, rehabilitation, renovation, replacement, lease, or acquisition of court facilities shall be conducted by judicial branch entities consistent with the relevant provisions of this code applicable to state agencies.(c) Notwithstanding any other provision of law, this part does not apply to procurement and contracting by judicial branch entities that are related to trial court construction, including, but not limited to, the planning, design, construction, rehabilitation, renovation, replacement, lease, or acquisition of trial court facilities. However, this part shall apply to contracts for maintenance of all judicial branch facilities that are not under the operation and management of the Department of General Services.(d) Only until the Judicial Council adopts the Judicial Branch Contracting Manual required pursuant to Section 19206, judicial branch entities shall instead be governed by applicable policies and procedures in the State Administrative Manual and the State Contracting Manual, or policies and procedures as otherwise required by law to be adopted by the Department of General Services applicable to state agencies. | |
| 60 | 61 | ||
| 61 | - | 19204. (a | |
| 62 | + | 19204. (a) All judicial branch entities shall comply with the provisions of this code that are applicable to state agencies and departments related to the procurement of goods and services, including information technology goods and services. All contracts with total cost estimated at more than one million dollars ($1,000,000), seven hundred fifty thousand dollars ($750,000), except contracts covered by Section 68511.9 of the Government Code, shall be subject to the review and recommendations of the Bureau of State Audits to ensure compliance with this part. All judicial branch entities shall notify the California State Auditor, Auditor and the members of the Legislature, in writing, of the existence of any such contracts within 10 business days of entering the contract. In addition, all administrative and infrastructure information technology projects of the Judicial Council or the courts with total costs estimated at more than five million dollars ($5,000,000) shall be subject to the reviews and recommendations of the California Technology Agency, Department of Technology, as specified in Section 68511.9 of the Government Code.(b) Except as provided in subdivision (c), procurement and contracting for the planning, design, construction, rehabilitation, renovation, replacement, lease, or acquisition of court facilities shall be conducted by judicial branch entities consistent with the relevant provisions of this code applicable to state agencies.(c) Notwithstanding any other provision of law, this part does not apply to procurement and contracting by judicial branch entities that are related to trial court construction, including, but not limited to, the planning, design, construction, rehabilitation, renovation, replacement, lease, or acquisition of trial court facilities. However, this part shall apply to contracts for maintenance of all judicial branch facilities that are not under the operation and management of the Department of General Services.(d) Only until the Judicial Council adopts the Judicial Branch Contracting Manual required pursuant to Section 19206, judicial branch entities shall instead be governed by applicable policies and procedures in the State Administrative Manual and the State Contracting Manual, or policies and procedures as otherwise required by law to be adopted by the Department of General Services applicable to state agencies. | |
| 62 | 63 | ||
| 63 | 64 | ||
| 64 | 65 | ||
| 65 | - | 19204. (a) (1) All judicial branch entities shall comply with the provisions of this code that are applicable to state agencies and departments related to the procurement of goods and services, including information technology goods and services. All contracts with total cost estimated at more than seven hundred fifty thousand dollars ($750,000), one million dollars ($1,000,000), except contracts covered by Section 68511.9 of the Government Code, shall be subject to the review and recommendations of the Bureau of State Audits California State Auditor to ensure compliance with this part. All judicial branch entities shall notify the California State Auditor and the members of the Legislature, Auditor and the members of the Legislature who serve on the Senate Judiciary Committee, Senate Committee on Governmental Organization, Senate Committee on Public Employment and Retirement, Assembly Judiciary Committee, Assembly Committee on Governmental Organization, or Assembly Committee on Labor and Employment, in writing, of the existence of any such contracts within 10 business days of entering the contract. In | |
| 66 | - | ||
| 67 | - | (2) In addition, all administrative and infrastructure information technology projects of the Judicial Council or the courts with total costs estimated at more than five one million dollars ($5,000,000) ($1,000,000) shall be subject to the reviews review and recommendations of the Department of Technology, as specified in Section 68511.9 of the Government Code. All judicial branch entities shall notify the California State Auditor and the members of the Legislature who serve on the Senate Judiciary Committee, Senate Committee on Governmental Organization, Senate Labor Committee on Public Employment and Retirement, Assembly Judiciary Committee, Assembly Committee on Governmental Organization, or Assembly Committee on Labor and Employment, in writing, of the existence of any such contracts within 10 business days of entering the contract. | |
| 68 | - | ||
| 69 | - | (3) By January 1, 2023, all judicial branch entities shall have developed and instituted sufficient policies and procedures to comply with the requirements of paragraphs (1) and (2). | |
| 66 | + | 19204. (a) All judicial branch entities shall comply with the provisions of this code that are applicable to state agencies and departments related to the procurement of goods and services, including information technology goods and services. All contracts with total cost estimated at more than one million dollars ($1,000,000), seven hundred fifty thousand dollars ($750,000), except contracts covered by Section 68511.9 of the Government Code, shall be subject to the review and recommendations of the Bureau of State Audits to ensure compliance with this part. All judicial branch entities shall notify the California State Auditor, Auditor and the members of the Legislature, in writing, of the existence of any such contracts within 10 business days of entering the contract. In addition, all administrative and infrastructure information technology projects of the Judicial Council or the courts with total costs estimated at more than five million dollars ($5,000,000) shall be subject to the reviews and recommendations of the California Technology Agency, Department of Technology, as specified in Section 68511.9 of the Government Code. | |
| 70 | 67 | ||
| 71 | 68 | (b) Except as provided in subdivision (c), procurement and contracting for the planning, design, construction, rehabilitation, renovation, replacement, lease, or acquisition of court facilities shall be conducted by judicial branch entities consistent with the relevant provisions of this code applicable to state agencies. | |
| 72 | 69 | ||
| 73 | 70 | (c) Notwithstanding any other provision of law, this part does not apply to procurement and contracting by judicial branch entities that are related to trial court construction, including, but not limited to, the planning, design, construction, rehabilitation, renovation, replacement, lease, or acquisition of trial court facilities. However, this part shall apply to contracts for maintenance of all judicial branch facilities that are not under the operation and management of the Department of General Services. | |
| 74 | 71 | ||
| 75 | 72 | (d) Only until the Judicial Council adopts the Judicial Branch Contracting Manual required pursuant to Section 19206, judicial branch entities shall instead be governed by applicable policies and procedures in the State Administrative Manual and the State Contracting Manual, or policies and procedures as otherwise required by law to be adopted by the Department of General Services applicable to state agencies. | |
| 73 | + | ||
| 74 | + | ||
| 75 | + | ||
| 76 | + | It is the intent of the Legislature to enact legislation relating to court construction contracts. |