California 2009-2010 Regular Session Status: Enacted

AB 177 — Public contracts: small businesses and disabled veteran business enterprises.

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

  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 02, 2009. Enacted.

Prognosis

Likely to advance 80% · 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.

  • 9 sponsors

    1 primary, 8 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 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

(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 Text

Action History

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

  2. Approved by the Governor.

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

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

  5. Assembly Rule 77 suspended. (Page 6373.)

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

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

  8. Read second time. To third reading.

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

  10. Read second time. To third reading.

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

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

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

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

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

  16. 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.

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

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

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

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

  21. Read second time. To third reading.

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

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

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

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

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

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

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

  29. In committee: Hearing postponed by committee.

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

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

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

  33. From printer. May be heard in committee March 5.

  34. Read first time. To print.

Sponsors

  • Beall · Cosponsor
  • Block · Cosponsor
  • V. Manuel Perez · Cosponsor
  • Salas · Cosponsor
  • Negrete McLeod · Cosponsor
  • Correa · Cosponsor
  • Logue · Cosponsor
  • Price · Cosponsor
  • Ruskin · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 8 co-sponsors · 113 not signed on

Sponsors (1)

  • Ruskin

Co-sponsors (8)

  • Beall
  • Block
  • V. Manuel Perez
  • Salas
  • Negrete McLeod
  • Correa
  • Logue
  • Price

Not signed on (113)

113 members have not signed on to this bill.

Show all 113 →

"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

AB 177 RUSKIN Concurrence in Senate Amendments

Passed 88 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 82002
Democratic 3000
Republican 3000
Total 88002
% of votes cast 98%0%0%2%
How each member voted (90)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Tom — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Anderson — Yea
Bass — Yea
Beall — 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
Feuer — Yea
Fuentes — Yea
Fuller — Yea
Furutani — Not Voting
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Jeffries — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Norby — Not Voting
Ruskin — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hernandez — Yea
Huffman — Yea
Knight — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Silva — Yea
Solorio — Yea
Torres — Yea
Villines — Yea
Eng — Yea
Evans — Yea
Davis — Yea
DeVore — 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 →

Assembly 3rd Reading AB177 Ruskin By Price

Passed 34 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 31005
Democratic 2000
Republican 1000
Total 34005
% of votes cast 87%0%0%13%
How each member voted (39)
Member Party Vote
Yee — Yea
Hancock — Yea
Cogdill — Yea
Corbett — Not Voting
Florez — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Harman — Yea
Huff — Yea
Ducheny — Yea
Kehoe — Yea
Leno — Yea
Ashburn — Yea
Dutton — Not Voting
McLeod — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Walters — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Hollingsworth — Yea
Liu — Yea
Oropeza — Not Voting
Price — Yea
Steinberg — Yea
Wiggins — Not Voting
Cedillo — Yea
Wyland — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, but re-refer to the Committee on Veterans Affairs.

Passed 7 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 6004
Democratic 1001
Total 7005
% of votes cast 58%0%0%42%
How each member voted (12)
Member Party Vote
Yee — Yea
Wyland — Yea
Negrete — Yea
Harman — Not Voting
McLeod — Yea
Oropeza — Not Voting
Price — Yea
Wright — Yea
Denham — Not Voting
Florez — Not Voting
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 177 Ruskin Assembly Third Reading

Passed 77 Yea · 0 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 730011
Republican 3000
Democratic 1002
Total 770013
% of votes cast 86%0%0%14%
How each member voted (90)
Member Party Vote
Hall — Not Voting
Salas — Yea
Saldana — Yea
Audra — Yea
Charles — Not Voting
Bonnie — Not Voting
Lowenthal — Not Voting
Furutani — Not Voting
Harkey — Not Voting
Hayashi — Not Voting
Bass — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Villines — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Evans — Yea
Fuentes — Yea
Galgiani — Yea
Garrick — Yea
Hagman — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Jeffries — Yea
Fletcher — Yea
Fong — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Coto — Yea
Knight — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Adams — Yea
Anderson — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Logue — Yea
Ma — Not Voting
Nestande — Not Voting
Nielsen — Yea
Skinner — Yea
Torlakson — Yea
Carter — Not Voting
Emmerson — Yea
Feuer — Yea
Davis — Not Voting
Yamada — Yea
DeVore — Yea
Fuller — Yea
Gilmore — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 20000
Democratic 1000
Republican 1000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)
Member Party Vote
Conway — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Hall — Yea
Harkey — Yea
Solorio — Yea
Torlakson — Yea
Ammiano — Yea
Bradford — Yea
Miller — Yea
Nielsen — Yea
Skinner — Yea
Coto — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 177 do?
(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.
Who sponsors AB 177?
AB 177 is sponsored by Beall, Block, V. Manuel Perez, Salas, Negrete McLeod, Correa, Logue, Price, and Ruskin.
What is the current status of AB 177?
This bill has been enacted into law. Introduced February 02, 2009. Enacted.
Where can I track AB 177?
Track AB 177 free on One Click Politics — get push/email alerts when it moves.

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