California 2017-2018 Regular Session Status: Passed Senate

SB 1179 — Public contracts: Disabled Veteran Business Enterprise Program.

Last action — Referred to Coms. on J., E.D., & E. and A. & A.R.

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

This bill died with 2017-2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Under existing law, the Department of General Services, except in the case of contracts for professional bond services, is the administering agency of the California Disabled Veteran Business Enterprise Program, which requires state agencies and all other state entities contracting for materials, supplies, equipment, alteration, repair, or improvement to have at least 3% participation goals for disabled veteran business enterprises (DVBE) , as defined. Existing law requires an awarding department, upon completion of an awarded contract for which a commitment to achieve a DVBE goal was made, to require the prime contractor that entered into a subcontract with a DVBE to certify to the awarding department specified information relating to amounts paid under the contract, as specified. Existing law subjects a person or entity that knowingly provides false information on this certification to certain criminal and civil penalties, as specified. Existing law makes it a crime to, among other things, knowingly and with intent to defraud, fraudulently represent participation of a disabled veteran business enterprise in order to obtain or retain a bid preference or a state contract. Existing law requires the Department of General Services to suspend, for a specified period, any person who violates these provisions from bidding on, or participating as either a contractor, subcontractor, or supplier in, any state contract or project, as specified. Existing law requires the Department of General Services to monitor the status of all reported violations and maintain and make available to all state departments a central listing of all firms and persons who have been determined to have committed violations resulting in suspension. Existing law prohibits an awarding department from entering into any contract with any person suspended for violating these provisions during the person's suspension and requires the awarding department to check the central listing provided by the Department of General Services to verify that the person or contractor to whom the contract is being awarded, or any person being utilized as a subcontractor or supplier by that person or contractor, is not under suspension. This bill would require an awarding department to give a prime contractor that fails to comply with the certification requirements described above reasonable opportunity to cure the failure. The bill would require the awarding department to provide notice of the failure to the Department of General Services, if after providing reasonable opportunity, the prime contractor continues to fail to comply with the certification requirements. The bill would require the Department of General Services, upon notification of the failure, to suspend the prime contractor from bidding on, or participating as either a contractor, subcontractor, or supplier in, any state contract or project for a period of not less than 5 years for a first violation, as specified, except that the contractor would be required to meet all obligations of any existing contract to which it is a party. The bill would require the Department of General Services to permanently suspend the prime contractor from the program for a 2nd violation, except that the contractor would be required to meet all obligations of any existing contract to which it is a party. The bill would subject a suspension issued under these provisions to the monitoring, listing, and verification requirements, and contracting prohibitions, described above.

Bill Text

Action History

  1. Referred to Coms. on J., E.D., & E. and A. & A.R.

  2. In Assembly. Read first time. Held at Desk.

  3. Read third time. Passed. (Ayes 39. Noes 0. Page 4454.) Ordered to the Assembly.

  4. Ordered to special consent calendar.

  5. Read second time. Ordered to third reading.

  6. From committee: Do pass. (Ayes 7. Noes 0. Page 4305.) (May 25).

  7. Set for hearing May 25.

  8. May 14 hearing: Placed on APPR. suspense file.

  9. Set for hearing May 14.

  10. May 7 hearing postponed by committee.

  11. Set for hearing May 7.

  12. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 4790.) (April 24). Re-referred to Com. on APPR.

  13. From committee with author's amendments. Read second time and amended. Re-referred to Com. on V.A.

  14. Set for hearing April 24.

  15. From committee: Do pass and re-refer to Com. on V.A. (Ayes 12. Noes 0. Page 4605.) (April 10). Re-referred to Com. on V.A.

  16. From committee with author's amendments. Read second time and amended. Re-referred to Com. on G.O.

  17. Set for hearing April 10.

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

  19. From printer. May be acted upon on or after March 17.

  20. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Newman · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Newman

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"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

Special Consent SB1179

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 34000
Democratic 5000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Anderson — Yea
Bates — Yea
Hertzberg — Yea
Leyva — Yea
Morrell — Yea
Newman — Yea
Skinner — Yea
Wieckowski — Yea
Wilk — Yea
Mitchell — Yea
De León — Yea
Atkins — Yea
Beall — Yea
Hernandez — Yea
Lara — Yea
Monning — Yea
Moorlach — Yea
Nielsen — Yea
Vidak — Yea
Dodd — Yea
Fuller — Yea
Cannella — Yea
Portantino — Yea
Galgiani — Yea
Allen — Yea
Bradford — Yea
Hill — Yea
Hueso — Yea
Pan — Yea
Roth — Yea
Glazer — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Beall — Yea
Hill — Yea
Lara — Yea
Nielsen — Yea
Bradford — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Hill — Yea
Nielsen — Yea
Lara — Yea
Beall — Yea
Bradford — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

civil-rights labor
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Frequently asked questions

What does SB 1179 do?
Under existing law, the Department of General Services, except in the case of contracts for professional bond services, is the administering agency of the California Disabled Veteran Business Enterprise Program, which requires state agencies and all other state entities contracting for materials, supplies, equipment, alteration, repair, or improvement to have at least 3% participation goals for disabled veteran business enterprises (DVBE) , as defined. Existing law requires an awarding department, upon completion of an awarded contract for which a commitment to achieve a DVBE goal was made, to require the prime contractor that entered into a subcontract with a DVBE to certify to the awarding department specified information relating to amounts paid under the contract, as specified. Existing law subjects a person or entity that knowingly provides false information on this certification to certain criminal and civil penalties, as specified. Existing law makes it a crime to, among other things, knowingly and with intent to defraud, fraudulently represent participation of a disabled veteran business enterprise in order to obtain or retain a bid preference or a state contract. Existing law requires the Department of General Services to suspend, for a specified period, any person who violates these provisions from bidding on, or participating as either a contractor, subcontractor, or supplier in, any state contract or project, as specified. Existing law requires the Department of General Services to monitor the status of all reported violations and maintain and make available to all state departments a central listing of all firms and persons who have been determined to have committed violations resulting in suspension. Existing law prohibits an awarding department from entering into any contract with any person suspended for violating these provisions during the person's suspension and requires the awarding department to check the central listing provided by the Department of General Services to verify that the person or contractor to whom the contract is being awarded, or any person being utilized as a subcontractor or supplier by that person or contractor, is not under suspension. This bill would require an awarding department to give a prime contractor that fails to comply with the certification requirements described above reasonable opportunity to cure the failure. The bill would require the awarding department to provide notice of the failure to the Department of General Services, if after providing reasonable opportunity, the prime contractor continues to fail to comply with the certification requirements. The bill would require the Department of General Services, upon notification of the failure, to suspend the prime contractor from bidding on, or participating as either a contractor, subcontractor, or supplier in, any state contract or project for a period of not less than 5 years for a first violation, as specified, except that the contractor would be required to meet all obligations of any existing contract to which it is a party. The bill would require the Department of General Services to permanently suspend the prime contractor from the program for a 2nd violation, except that the contractor would be required to meet all obligations of any existing contract to which it is a party. The bill would subject a suspension issued under these provisions to the monitoring, listing, and verification requirements, and contracting prohibitions, described above.
Who sponsors SB 1179?
SB 1179 is sponsored by Newman.
What is the current status of SB 1179?
This bill died with 2017-2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1179?
Track SB 1179 free on One Click Politics — get push/email alerts when it moves.

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