Public contracts: criminal offenses and statute of limitations.
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SB 256 — Public contracts: criminal offenses and statute of limitations.
Last action — Returned to Secretary of Senate pursuant to Joint Rule 56.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed Assembly
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5To Executive
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6Enacted
This bill died with 2017-2018 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
Existing law makes it unlawful for various local entities, including cities, counties, community college districts, reclamation districts, and school districts, to split or separate into smaller work orders or projects any work, project, service, or purchase for the purpose of evading laws requiring public works to be done by contract after competitive bidding. Existing law makes that act a misdemeanor if the work order or project is for a city or county. This bill would make those acts a misdemeanor if the work order or project is for a community college district, reclamation district, or school district, or for a public agency whose governing board has by resolution elected to become subject to specified uniform construction cost accounting procedures and has notified the Controller of that election. By creating new crimes, the bill would impose a state-mandated local program. Existing law generally requires that prosecution for an offense not punishable by death, imprisonment in the state prison, or specified felonies punishable by imprisonment in a county jail, be commenced within one year after commission of the offense, except as specified. This bill would require that prosecution for a misdemeanor violation of the crimes described above with respect to a city, county, community college district, reclamation district, or school district, or with respect to a public agency whose governing board has by resolution elected to become subject to specified uniform construction cost accounting procedures and has notified the Controller of that election, commence within 3 years of the commission of the offense. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Bill Text
- Amended 03/20/17 - Amended Senate Current pdf March 20, 2017
- Introduced 02/07/17 - Introduced pdf February 07, 2017
- SB256 View text html
Action History
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Returned to Secretary of Senate pursuant to Joint Rule 56.
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May 25 hearing: Held in committee and under submission.
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Set for hearing May 25.
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April 17 hearing: Placed on APPR. suspense file.
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Set for hearing April 17.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (March 28). Re-referred to Com. on APPR.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
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Set for hearing March 28.
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Referred to Com. on PUB. S.
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Read first time.
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From printer. May be acted upon on or after March 10.
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Introduced. To Com. on RLS. for assignment. To print.
Sponsors
- Atkins · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Atkins
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Hill | — | Yea |
| Lara | — | Yea |
| Nielsen | — | Yea |
| Bates | — | Yea |
| Beall | — | Yea |
| Bradford | — | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 2 | 0 | 0 | 0 |
| Unaffiliated | 5 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Skinner | — | Yea |
| Mitchell | — | Yea |
| Anderson | — | Yea |
| Bradford | — | Yea |
| Mark Stone | — | Yea |
| Jackson, Corey A. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
Subjects
Frequently asked questions
- What does SB 256 do?
- Existing law makes it unlawful for various local entities, including cities, counties, community college districts, reclamation districts, and school districts, to split or separate into smaller work orders or projects any work, project, service, or purchase for the purpose of evading laws requiring public works to be done by contract after competitive bidding. Existing law makes that act a misdemeanor if the work order or project is for a city or county. This bill would make those acts a misdemeanor if the work order or project is for a community college district, reclamation district, or school district, or for a public agency whose governing board has by resolution elected to become subject to specified uniform construction cost accounting procedures and has notified the Controller of that election. By creating new crimes, the bill would impose a state-mandated local program. Existing law generally requires that prosecution for an offense not punishable by death, imprisonment in the state prison, or specified felonies punishable by imprisonment in a county jail, be commenced within one year after commission of the offense, except as specified. This bill would require that prosecution for a misdemeanor violation of the crimes described above with respect to a city, county, community college district, reclamation district, or school district, or with respect to a public agency whose governing board has by resolution elected to become subject to specified uniform construction cost accounting procedures and has notified the Controller of that election, commence within 3 years of the commission of the offense. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
- Who sponsors SB 256?
- SB 256 is sponsored by Atkins.
- What is the current status of SB 256?
- This bill died with 2017-2018 Regular Session. It reached “In Committee” 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 256?
- Track SB 256 free on One Click Politics — get push/email alerts when it moves.
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