California 2009-2010 Regular Session Status: Enacted

AB 759 — Public contracts with expatriate corporations.

Last action — Chaptered by Secretary of State - Chapter 349, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 26, 2009. Enacted.

Prognosis

Advancing 54% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Mixed recorded votes

    11 passed, 1 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law regarding contracting between state agencies and private contractors sets forth requirements for the procurement of materials, supplies, equipment, and services by state agencies. Existing law sets out the various responsibilities of the Department of General Services, and other state agencies, in overseeing and implementing state contracting procedures and policies. Existing law prohibits a state agency from entering into any contract with an expatriate corporation, as defined, or its subsidiary, unless certain conditions are met. Existing law defines an expatriate corporation as a foreign incorporated entity that is publicly traded in the United States and that meets specified criteria. This bill would revise the definition of an expatriate corporation, and would exclude as an expatriate corporation a foreign incorporated entity that is publicly traded in the United States that meets specified conditions, including, among others, that the foreign incorporated entity is created and organized under the laws of a foreign country with which the United States has a comprehensive income tax treaty and is considered a resident of that foreign country for purposes of that treaty or any successor treaty, and any successor corporation meeting specified requirements, as provided.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 349, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 75. Noes 0. Page 6797.)

  5. From committee: With recommendation: That Senate amendments be concurred in. (Ayes 9. Noes 0.) (August 26).

  6. Joint Rule 62(a), file notice suspended.

  7. Re-referred to Com. on REV. & TAX. pursuant to Assembly Rule 77.2.

  8. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 25 pursuant to Assembly Rule 77.

  9. Read third time, passed, and to Assembly. (Ayes 31. Noes 2. Page 4787.)

  10. Read second time. To third reading.

  11. Read third time, amended. To second reading.

  12. Ordered to third reading.

  13. From committee: That the measure be returned with further amendments to the Senate Floor for consideration. (Ayes 4. Noes 0.) (August 11.)

  14. From committee: Be re-referred to Com. on REV. & TAX. pursuant to Senate Rule 29.10. (Ayes 3. Noes 0.) Re-referred to Com. on REV. & TAX.

  15. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.

  16. Read second time. To third reading.

  17. Read second time and amended. Ordered returned to second reading.

  18. To second reading.

  19. From inactive file.

  20. To inactive file on motion of Senator Wolk.

  21. Reconsideration granted. (Ayes 39. Noes 0. Page 2335.)

  22. Motion to reconsider made by Senator Wolk.

  23. Read third time, passage refused. (Ayes 16. Noes 21. Page 2335.)

  24. Read second time. To third reading.

  25. Read third time, amended. To second reading.

  26. Read second time. To third reading.

  27. (received by desk August 28, 2009 pursuant to JR61(a)(11))

  28. From committee: Do pass. (Ayes 8. Noes 5.) (August 27).

  29. In committee: Placed on Appropriations suspense file.

  30. Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.

  31. Read second time, amended, and to third reading.

  32. From committee: Amend, and do pass as amended. (Ayes 5. Noes 3.) (July 8).

  33. Re-referred to Com. on REV. & TAX.

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

  35. Referred to Com. on RLS.

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

  37. Read third time, passed, and to Senate. (Ayes 52. Noes 28. Page 1733.)

  38. Read second time. To third reading.

  39. From committee: Do pass. (Ayes 11. Noes 5.) (May 13).

  40. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 7. Noes 4.) (April 28).

  41. Re-referred to Com. on B. & P.

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

  43. Referred to Com. on B. & P.

  44. From printer. May be heard in committee March 29.

  45. Read first time. To print.

Sponsors

  • Ma · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 3 voted No

Sponsors (1)

  • Ma

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 87 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 81003
Democratic 3000
Republican 3000
Total 87003
% of votes cast 97%0%0%3%
How each member voted (90)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Charles — Yea
De — Yea
La — Yea
Ammiano — Yea
Anderson — Yea
Bass — Yea
Coto — Yea
Torre — Yea
De — Yea
Leon — Yea
Yamada — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Eng — Yea
Evans — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Not Voting
Hagman — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Norby — Not Voting
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Not Voting
Tran — Yea
Feuer — Yea
Davis — Yea
DeVore — Yea
Fuller — Yea
Garrick — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Democratic 1000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Fuentes — Yea
Gatto — Yea
Harkey — Yea
Charles — Yea
Portantino — Yea
Nestande — Yea
Beall — Yea
Coto — Yea
DeVore — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Passed 32 Yea · 2 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 29206
Democratic 2000
Republican 1000
Total 32206
% of votes cast 80%5%0%15%
How each member voted (40)
Member Party Vote
Yee — Nay
Hancock — Yea
Cogdill — Yea
Corbett — Yea
Ducheny — Yea
Dutton — Yea
Florez — Yea
Negrete — Yea
Runner — Yea
Alquist — Yea
Blakeslee — Yea
Liu — Yea
McLeod — Yea
Pavley — Yea
Price — Yea
Romero — Yea
Lowenthal — Not Voting
Hollingsworth — Nay
Wiggins — Not Voting
Wright — Yea
Aanestad — Yea
Ashburn — Yea
Harman — Not Voting
Huff — Yea
Kehoe — Yea
Leno — Yea
Oropeza — Not Voting
Simitian — Not Voting
Steinberg — Yea
Walters — Yea
Wolk — Yea
Cedillo — Yea
Wyland — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Not Voting
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 40 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 37001
Democratic 2000
Republican 1000
Total 40001
% of votes cast 98%0%0%2%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Cogdill — Yea
Harman — Yea
Hollingsworth — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Corbett — Yea
Huff — Yea
Leno — Yea
McLeod — Yea
Ducheny — Yea
Oropeza — Not Voting
Ashburn — Yea
Benoit — Yea
Dutton — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Kehoe — Yea
Liu — Yea
Maldonado — Yea
Pavley — Yea
Price — Yea
Cedillo — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Failed 16 Yea · 22 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 162002
Democratic 0101
Republican 0100
Total 162203
% of votes cast 39%54%0%7%
How each member voted (41)
Member Party Vote
Yee — Nay
Hancock — Yea
Corbett — Yea
Lowenthal — Yea
Alquist — Yea
Benoit — Nay
Kehoe — Yea
Leno — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Wiggins — Yea
Wolk — Yea
Wyland — Nay
Negrete — Nay
Runner — Nay
Cedillo — Not Voting
Hollingsworth — Nay
Huff — Nay
McLeod — Nay
Ducheny — Nay
Dutton — Nay
Wright — Nay
Aanestad — Nay
Ashburn — Nay
Harman — Nay
Liu — Yea
Maldonado — Nay
Oropeza — Not Voting
Price — Yea
Steinberg — Yea
Walters — Nay
Cogdill — Nay
Correa — Nay
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Nay
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 8 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8500
Total 8500
% of votes cast 62%38%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Nay
Runner — Nay
Leno — Yea
Corbett — Yea
Oropeza — Yea
Wolk — Yea
Kehoe — Yea
Price — Yea
Walters — Nay
Cox — Nay
Denham — Nay

Official roll call →

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Wyland — Yea
Runner — Yea
Hancock — Yea
Leno — Yea
Oropeza — Yea
Price — Yea
Walters — Yea
Kehoe — Yea
Wolk — Yea
Corbett — Yea
Cox — Yea
Denham — Yea

Official roll call →

Do pass as amended.

Passed 5 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4300
Democratic 1000
Total 5300
% of votes cast 63%38%0%0%
How each member voted (8)
Member Party Vote
Runner — Nay
Florez — Yea
Ashburn — Nay
Walters — Nay
Wiggins — Yea
Alquist — Yea
Wolk — Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Passed 61 Yea · 31 Nay
Party YeaNayPresentNot Voting
Unaffiliated 552900
Democratic 5000
Republican 1200
Total 613100
% of votes cast 66%34%0%0%
How each member voted (92)
Member Party Vote
Hall — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Bill — Nay
Berryhill — Nay
Tom — Nay
Berryhill — Nay
Fuller — Nay
Gilmore — Nay
Hagman — Nay
Yamada — Yea
Fletcher — Nay
Gaines — Nay
Audra — Nay
Cook — Nay
DeVore — Nay
Duvall — Nay
Jeffries — Nay
Knight — Nay
Logue — Nay
Mendoza — Yea
Miller — Nay
Nava — Yea
Nestande — Nay
Price — Yea
Bass — Yea
Ruskin — Yea
Silva — Nay
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Nay
Lieu — Yea
Carter — Yea
Feuer — Yea
Chesbro — Yea
Furutani — Yea
Galgiani — Yea
Charles — Yea
Hayashi — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Coto — Yea
Huffman — Yea
Krekorian — Yea
Adams — Nay
Anderson — Nay
Blakeslee — Nay
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hernandez — Yea
Huber — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Smyth — Nay
Torlakson — Yea
Tran — Nay
Emmerson — Nay
Eng — Yea
Evans — Yea
Davis — Yea
Fuentes — Yea
Garrick — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 15 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 14500
Democratic 1000
Republican 0100
Total 15600
% of votes cast 71%29%0%0%
How each member voted (21)
Member Party Vote
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Nay
Duvall — Nay
Hall — Yea
Krekorian — Yea
Price — Yea
Solorio — Yea
Ammiano — Yea
Harkey — Nay
Miller — Nay
Nielsen — Nay
Skinner — Yea
Torlakson — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does AB 759 do?
Existing law regarding contracting between state agencies and private contractors sets forth requirements for the procurement of materials, supplies, equipment, and services by state agencies. Existing law sets out the various responsibilities of the Department of General Services, and other state agencies, in overseeing and implementing state contracting procedures and policies. Existing law prohibits a state agency from entering into any contract with an expatriate corporation, as defined, or its subsidiary, unless certain conditions are met. Existing law defines an expatriate corporation as a foreign incorporated entity that is publicly traded in the United States and that meets specified criteria. This bill would revise the definition of an expatriate corporation, and would exclude as an expatriate corporation a foreign incorporated entity that is publicly traded in the United States that meets specified conditions, including, among others, that the foreign incorporated entity is created and organized under the laws of a foreign country with which the United States has a comprehensive income tax treaty and is considered a resident of that foreign country for purposes of that treaty or any successor treaty, and any successor corporation meeting specified requirements, as provided.
Who sponsors AB 759?
AB 759 is sponsored by Ma.
What is the current status of AB 759?
This bill has been enacted into law. Introduced February 26, 2009. Enacted.
Where can I track AB 759?
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