California 2021-2022 Regular Session Status: Passed Assembly

AB 349 — Small businesses: contracting: outreach: underrepresented groups.

Last action — In committee: Held under submission.

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

This bill died with 2021-2022 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) The Small Business Procurement and Contract Act requires the Director of General Services and the heads of other state agencies that enter into contracts for the acquisition of goods, services, and information technology and for the construction of state facilities to establish goals for the participation of small businesses and microbusinesses in these contracts, to provide for a small business preference in the award of these contracts, to give special consideration and special assistance to small businesses, and, whenever possible, to make awards to small businesses, as specified. This bill, in order to facilitate the participation of small business, would require the director and the heads of other state agencies that enter such contracts, in addition to any other applicable requirement for public notice of contracts, to publish or otherwise make available information regarding public notice of contracts, as the awarding agency determines to be appropriate, in order to ensure all communities have access to the public notice. The bill would define "publish or otherwise make available" for this purpose. (2) Existing law creates the Department of Transportation within the Transportation Agency. Existing law requires the department to develop a detailed outreach plan intended to increase procurement opportunities for new and limited contracting small business enterprises, as defined, including, but not limited to, those owned by women, minority, disabled veterans, LGBT individuals, and other disadvantaged groups, in all the department's transportation programs, to undertake specified outreach activities required to be included in the plan, and to update that plan and submit it to specified entities. Existing law requires the department to achieve a minimum percentage of certified small business participation in state-funded contracts and procurements. Existing law requires the department to take all lawful and reasonable steps to raise to 100 the disparity indices for contracts awarded under the federal Disadvantaged Business Enterprise Program (DBEP) to foster equal opportunity for firms owned by disadvantaged individuals on certain contracts and procurements and to implement the recommendations from every disparity study undertaken by the department as part of DBEP, as specified. Existing law requires the department to give public notice of a project by publication, as specified, but allows the department to comply with this requirement by publishing the notice on its internet website. Existing law requires the department, if it publishes the notice on its internet website, to also publish information regarding notices listed on the department's internet website in trade papers, newspapers, or magazines, as appropriate, including those whose primary audience consists of underrepresented groups, including, but not limited to, women, minorities, LGBT individuals, and disabled veterans, as specified. This bill would clarify that the last requirement does not affect the department's authority to use existing resources for outreach efforts for events to promote small business enterprises, including, but not limited to, those owned by women, minorities, disabled veterans, LGBT individuals, and other disadvantaged groups, trainings to improve diversity, materials for matchmaking events, and resources for relationship development events to achieve the outreach and participation goals described above.

Bill Text

Action History

  1. In committee: Held under submission.

  2. In committee: Referred to suspense file.

  3. From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 16. Noes 0.) (July 13). Re-referred to Com. on APPR.

  4. From committee: Do pass and re-refer to Com. on TRANS. with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (June 22). Re-referred to Com. on TRANS.

  5. Referred to Coms. on G.O. and TRANS.

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

  7. Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 1725.)

  8. Read second time. Ordered to third reading.

  9. From committee: Do pass. (Ayes 16. Noes 0.) (May 20).

  10. In committee: Set, first hearing. Referred to APPR. suspense file.

  11. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (April 26). Re-referred to Com. on APPR.

  12. Re-referred to Com. on TRANS.

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

  14. Referred to Com. on TRANS.

  15. From printer. May be heard in committee February 28.

  16. Read first time. To print.

Sponsors

  • Holden · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Holden

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

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 1000
Republican 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Kamlager — Yea
Portantino — Yea
Wieckowski — Yea
Bradford — Yea
Bates — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10000
Democratic 5001
Republican 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Gonzalez — Yea
Wieckowski — Yea
Wilk — Yea
Dodd — Yea
Newman — Yea
Skinner — Yea
Bates — Yea
Melendez — Yea
Min — Yea
Rubio — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Not Voting
Becker, Josh Democratic Yea
Cortese, Dave Democratic Yea
McGuire, Mike Democratic Yea
Umberg, Thomas J. Democratic Yea
Dahle, Megan Republican Yea

Official roll call →

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 3000
Republican 1000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Portantino — Yea
Dodd — Yea
Rubio — Yea
Nielsen — Yea
Kamlager — Yea
Melendez — Yea
Wilk — Yea
Glazer — Yea
Hueso — Yea
Bradford — Yea
Borgeas — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Passed 79 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 28000
Unaffiliated 41000
Republican 10000
Total 79000
% of votes cast 100%0%0%0%
How each member voted (79)
Member Party Vote
Smith — Yea
Cunningham — Yea
Cooper — Yea
Voepel — Yea
Cooley — Yea
Maienschein — Yea
Rodriguez — Yea
Kiley — Yea
Nazarian — Yea
Ting — Yea
O'Donnell — Yea
Waldron — Yea
Medina — Yea
McCarty — Yea
Friedman — Yea
Bigelow — Yea
Chiu — Yea
Rendon — Yea
Villapudua — Yea
Salas — Yea
Quirk — Yea
Low — Yea
Levine — Yea
Daly — Yea
Gray — Yea
Burke — Yea
Mathis — Yea
Santiago — Yea
Mayes — Yea
Frazier — Yea
Chau — Yea
Bloom — Yea
Mullin — Yea
Holden — Yea
Jones-Sawyer — Yea
Wood — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Do pass.

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8000
Democratic 6000
Republican 2000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Levine — Yea
Holden — Yea
Quirk — Yea
Bigelow — Yea
Chau — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea

Official roll call →

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 8000
Republican 1000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
O'Donnell — Yea
Friedman — Yea
Cunningham — Yea
Nazarian — Yea
Daly — Yea
Medina — Yea
Berman, Marc Democratic Yea
Fong, Mike Democratic Yea
Gipson, Mike A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Nguyen, Stephanie Democratic Yea
Ward, Christopher M. Democratic Yea
Wicks, Buffy Democratic Yea
Davies, Laurie Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 349 do?
(1) The Small Business Procurement and Contract Act requires the Director of General Services and the heads of other state agencies that enter into contracts for the acquisition of goods, services, and information technology and for the construction of state facilities to establish goals for the participation of small businesses and microbusinesses in these contracts, to provide for a small business preference in the award of these contracts, to give special consideration and special assistance to small businesses, and, whenever possible, to make awards to small businesses, as specified. This bill, in order to facilitate the participation of small business, would require the director and the heads of other state agencies that enter such contracts, in addition to any other applicable requirement for public notice of contracts, to publish or otherwise make available information regarding public notice of contracts, as the awarding agency determines to be appropriate, in order to ensure all communities have access to the public notice. The bill would define "publish or otherwise make available" for this purpose. (2) Existing law creates the Department of Transportation within the Transportation Agency. Existing law requires the department to develop a detailed outreach plan intended to increase procurement opportunities for new and limited contracting small business enterprises, as defined, including, but not limited to, those owned by women, minority, disabled veterans, LGBT individuals, and other disadvantaged groups, in all the department's transportation programs, to undertake specified outreach activities required to be included in the plan, and to update that plan and submit it to specified entities. Existing law requires the department to achieve a minimum percentage of certified small business participation in state-funded contracts and procurements. Existing law requires the department to take all lawful and reasonable steps to raise to 100 the disparity indices for contracts awarded under the federal Disadvantaged Business Enterprise Program (DBEP) to foster equal opportunity for firms owned by disadvantaged individuals on certain contracts and procurements and to implement the recommendations from every disparity study undertaken by the department as part of DBEP, as specified. Existing law requires the department to give public notice of a project by publication, as specified, but allows the department to comply with this requirement by publishing the notice on its internet website. Existing law requires the department, if it publishes the notice on its internet website, to also publish information regarding notices listed on the department's internet website in trade papers, newspapers, or magazines, as appropriate, including those whose primary audience consists of underrepresented groups, including, but not limited to, women, minorities, LGBT individuals, and disabled veterans, as specified. This bill would clarify that the last requirement does not affect the department's authority to use existing resources for outreach efforts for events to promote small business enterprises, including, but not limited to, those owned by women, minorities, disabled veterans, LGBT individuals, and other disadvantaged groups, trainings to improve diversity, materials for matchmaking events, and resources for relationship development events to achieve the outreach and participation goals described above.
Who sponsors AB 349?
AB 349 is sponsored by Holden.
What is the current status of AB 349?
This bill died with 2021-2022 Regular Session. It reached “Passed Assembly” 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 AB 349?
Track AB 349 free on One Click Politics — get push/email alerts when it moves.

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