AB 177

  • California Assembly Bill
  • 2009-2010 Regular Session
  • Introduced in Assembly
  • Passed Assembly Jan 25, 2010
  • Passed Senate Aug 18, 2010
  • Signed by Governor Sep 25, 2010

Public contracts: small businesses and disabled veteran business enterprises.

Abstract

(1) Existing law provides for various programs to encourage the participation of small businesses and disabled veteran business enterprises, as certified by the Department of General Services, in state agency contracts. Existing law revokes, for a specified period, the small business or microbusiness certification of a business that obtained the classification as a small business or microbusiness by reason of having furnished incorrect supporting information or withholding relevant information, and suspends that business from transacting with the state, as specified. Existing law extends the period of revocation and suspension for additional or subsequent violations and requires the business to pay specified costs to the state related to the contract. This bill would increase the period of certification revocation and suspension for these violations, revoke the disabled veteran business enterprise certification of the business if the business has both certifications, revise the types of costs payable to the state, and additionally prohibit a business or person from contracting with the state until the amounts are paid. (2) Existing law also revokes, for a specified period, the small business or microbusiness or disabled veteran business enterprise certification of a person who, among other activities, fraudulently attempts to become certified as a disabled veteran business enterprise or as a small business or microbusiness and imposes civil penalties upon those persons. Existing law additionally suspends, for a specified period, that person from bidding on or participating in any state contract or project. Existing law extends the period of revocation and suspension for additional and subsequent violations, and requires the person to pay specified costs to the state related to the contract. This bill would increase the period of certification revocation and suspension for these violations, and would revoke both certifications for these violations if a business is certified both as a small business or microbusiness enterprise and a disabled veteran business enterprise. This bill would impose civil penalties against any person who knowingly and fraudulently represents that a commercially useful function is being performed by a disabled veteran business enterprise in order to obtain or retain a bid preference or a state contract, and would subject that person to revocation of the disabled veteran business enterprise certification and suspension from bidding on or participating in any state contract or project for a specified period. This bill would additionally authorize an awarding department and contractor to terminate a contract if the contractor knowingly and fraudulently represents that a commercially useful function is being performed by a disabled veteran business enterprise or by a small business or microbusiness, and require the awarding department and the Controller to set off penalties and costs awarded to the state against payments due to the contractor, as specified. This bill would require persons or businesses found to have obtained small business or disabled veteran business enterprise certification by fraudulent or improper means to pay costs incurred by the awarding department or the Department of General Services, as specified.

Bill Sponsors (9)

Votes


Actions


Sep 27, 2010

California State Legislature

Chaptered by Secretary of State - Chapter 342, Statutes of 2010.

Sep 25, 2010

California State Legislature

Approved by the Governor.

Sep 03, 2010

California State Legislature

Enrolled and to the Governor at 11:45 p.m.

Aug 23, 2010

Assembly

Senate amendments concurred in. To enrollment. (Ayes 76. Noes 0. Page 6464.)

Aug 19, 2010

Assembly

Assembly Rule 77 suspended. (Page 6373.)

Aug 18, 2010

Senate

Read third time, passed, and to Assembly. (Ayes 33. Noes 0. Page 4599.)

Assembly

In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 20 pursuant to Assembly Rule 77.

Aug 12, 2010

Senate

Read second time. To third reading.

Aug 11, 2010

Senate

Read third time, amended. To second reading.

Aug 02, 2010

Senate

Read second time. To third reading.

Jul 15, 2010

Senate

From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

Senate

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  • Amendment-Introduction
  • Reading-2
  • Amendment-Passage
  • Referral-Committee
  • Reading-1
Com. on APPR.

Jun 24, 2010

Senate

Read second time and amended. Re-referred to Com. on APPR.

  • Reading-2
  • Amendment-Passage
  • Referral-Committee
  • Reading-1
Com. on APPR.

Jun 23, 2010

Senate

From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 22).

Jun 10, 2010

Senate

From committee: Do pass, and re-refer to Com. on V.A. Re-referred. (Ayes 6. Noes 0.) (June 9).

Jun 02, 2010

Senate

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on G.O.

  • Amendment-Introduction
  • Reading-2
  • Amendment-Passage
  • Referral-Committee
  • Reading-1
Com. on G.O.

Apr 07, 2010

Senate

In committee: Set, first hearing. Hearing canceled at the request of author.

Feb 04, 2010

Senate

Referred to Coms. on G.O. and V.A.

  • Referral-Committee
Coms. on G.O. and V.A.

Jan 25, 2010

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

Assembly

Read third time, passed, and to Senate. (Ayes 67. Noes 0. Page 3861.)

Assembly

Read second time. To third reading.

Jan 21, 2010

Assembly

From committee: Do pass. (Ayes 17. Noes 0.) (January 21).

Jan 05, 2010

Assembly

From committee: Do pass, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. Re-referred. (Ayes 6. Noes 0.) (January 5).

Jan 04, 2010

Assembly

Re-referred to Com. on J.,E.D., & E.

  • Referral-Committee
Com. on J.,E.D., & E.

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on J.,E.D., & E. Read second time and amended.

Apr 27, 2009

Assembly

Re-referred to Com. on J.,E.D., & E.

  • Referral-Committee
Com. on J.,E.D., & E.

Assembly

In committee: Set, first hearing. Hearing canceled at the request of author.

Apr 23, 2009

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on J.,E.D., & E. Read second time and amended.

Apr 15, 2009

Assembly

In committee: Hearing postponed by committee.

Assembly

Re-referred to Com. on J.,E.D., & E.

  • Referral-Committee
Com. on J.,E.D., & E.

Apr 13, 2009

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on J.,E.D., & E. Read second time and amended.

Assembly

Referred to Com. on J.,E.D., & E.

  • Referral-Committee
Com. on J.,E.D., & E.

Feb 03, 2009

Assembly

From printer. May be heard in committee March 5.

Feb 02, 2009

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB177 HTML
02/02/09 - Introduced PDF
04/13/09 - Amended Assembly PDF
04/23/09 - Amended Assembly PDF
01/04/10 - Amended Assembly PDF
06/02/10 - Amended Senate PDF
06/24/10 - Amended Senate PDF
07/15/10 - Amended Senate PDF
08/11/10 - Amended Senate PDF
08/30/10 - Enrolled PDF
09/27/10 - Chaptered PDF

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