| 1 | 1 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1367Introduced by Senator WilkFebruary 18, 2022 An act to add Section 6102 to the Public Contract Code, relating to public contracts. LEGISLATIVE COUNSEL'S DIGESTSB 1367, as introduced, Wilk. No-bid public contracts: behested payments.Existing law governs the bidding and awarding of public contracts by public entities, as defined. Existing law requires state agencies to secure at least three competitive bids or proposals for each contract, except as specified.The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing, including imposing reporting requirements on elected officials and campaign committees. In this regard, the act requires elected officials and members of the Public Utilities Commission to report behested payments from the same source in the same calendar year in which they are made, that equal or exceed $5,000, in the aggregate. The act defines a behested payment as a payment that is made at the behest of a committee, an elected officer, a member of the Public Utilities Commission, or an agent thereof, under specified circumstances, including a payment that is made principally for personal, charitable, legislative, or governmental purposes.This bill would prohibit a state agency, as defined, from awarding a contract for which the state agency has not secured at least 3 competitive bids or proposals to a company that has made a behested payment at the behest of the Governor in the preceding 12 months..Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 6102 is added to the Public Contract Code, to read:6102. (a) A state agency, as defined in Section 10335.7, that is subject to this code, shall not award a contract for which the state agency has not secured at least three competitive bids or proposals to a company that has made a behested payment, as defined in Section 82004.5 of the Government Code, at the behest of the Governor in the preceding 12 months.(b) As used in this section, company means a sole proprietorship, partnership, joint venture, corporation, or other business entity. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1367Introduced by Senator WilkFebruary 18, 2022 An act to add Section 6102 to the Public Contract Code, relating to public contracts. LEGISLATIVE COUNSEL'S DIGESTSB 1367, as introduced, Wilk. No-bid public contracts: behested payments.Existing law governs the bidding and awarding of public contracts by public entities, as defined. Existing law requires state agencies to secure at least three competitive bids or proposals for each contract, except as specified.The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing, including imposing reporting requirements on elected officials and campaign committees. In this regard, the act requires elected officials and members of the Public Utilities Commission to report behested payments from the same source in the same calendar year in which they are made, that equal or exceed $5,000, in the aggregate. The act defines a behested payment as a payment that is made at the behest of a committee, an elected officer, a member of the Public Utilities Commission, or an agent thereof, under specified circumstances, including a payment that is made principally for personal, charitable, legislative, or governmental purposes.This bill would prohibit a state agency, as defined, from awarding a contract for which the state agency has not secured at least 3 competitive bids or proposals to a company that has made a behested payment at the behest of the Governor in the preceding 12 months..Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION |
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| 11 | 11 | | Senate Bill |
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| 13 | 13 | | No. 1367 |
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| 15 | 15 | | Introduced by Senator WilkFebruary 18, 2022 |
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| 17 | 17 | | Introduced by Senator Wilk |
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| 18 | 18 | | February 18, 2022 |
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| 20 | 20 | | An act to add Section 6102 to the Public Contract Code, relating to public contracts. |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 26 | 26 | | SB 1367, as introduced, Wilk. No-bid public contracts: behested payments. |
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| 28 | 28 | | Existing law governs the bidding and awarding of public contracts by public entities, as defined. Existing law requires state agencies to secure at least three competitive bids or proposals for each contract, except as specified.The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing, including imposing reporting requirements on elected officials and campaign committees. In this regard, the act requires elected officials and members of the Public Utilities Commission to report behested payments from the same source in the same calendar year in which they are made, that equal or exceed $5,000, in the aggregate. The act defines a behested payment as a payment that is made at the behest of a committee, an elected officer, a member of the Public Utilities Commission, or an agent thereof, under specified circumstances, including a payment that is made principally for personal, charitable, legislative, or governmental purposes.This bill would prohibit a state agency, as defined, from awarding a contract for which the state agency has not secured at least 3 competitive bids or proposals to a company that has made a behested payment at the behest of the Governor in the preceding 12 months.. |
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| 30 | 30 | | Existing law governs the bidding and awarding of public contracts by public entities, as defined. Existing law requires state agencies to secure at least three competitive bids or proposals for each contract, except as specified. |
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| 32 | 32 | | The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing, including imposing reporting requirements on elected officials and campaign committees. In this regard, the act requires elected officials and members of the Public Utilities Commission to report behested payments from the same source in the same calendar year in which they are made, that equal or exceed $5,000, in the aggregate. The act defines a behested payment as a payment that is made at the behest of a committee, an elected officer, a member of the Public Utilities Commission, or an agent thereof, under specified circumstances, including a payment that is made principally for personal, charitable, legislative, or governmental purposes. |
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| 34 | 34 | | This bill would prohibit a state agency, as defined, from awarding a contract for which the state agency has not secured at least 3 competitive bids or proposals to a company that has made a behested payment at the behest of the Governor in the preceding 12 months. |
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| 36 | 36 | | . |
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| 37 | 37 | | |
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| 38 | 38 | | ## Digest Key |
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| 40 | 40 | | ## Bill Text |
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| 42 | 42 | | The people of the State of California do enact as follows:SECTION 1. Section 6102 is added to the Public Contract Code, to read:6102. (a) A state agency, as defined in Section 10335.7, that is subject to this code, shall not award a contract for which the state agency has not secured at least three competitive bids or proposals to a company that has made a behested payment, as defined in Section 82004.5 of the Government Code, at the behest of the Governor in the preceding 12 months.(b) As used in this section, company means a sole proprietorship, partnership, joint venture, corporation, or other business entity. |
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| 44 | 44 | | The people of the State of California do enact as follows: |
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| 46 | 46 | | ## The people of the State of California do enact as follows: |
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| 48 | 48 | | SECTION 1. Section 6102 is added to the Public Contract Code, to read:6102. (a) A state agency, as defined in Section 10335.7, that is subject to this code, shall not award a contract for which the state agency has not secured at least three competitive bids or proposals to a company that has made a behested payment, as defined in Section 82004.5 of the Government Code, at the behest of the Governor in the preceding 12 months.(b) As used in this section, company means a sole proprietorship, partnership, joint venture, corporation, or other business entity. |
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| 50 | 50 | | SECTION 1. Section 6102 is added to the Public Contract Code, to read: |
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| 52 | 52 | | ### SECTION 1. |
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| 54 | 54 | | 6102. (a) A state agency, as defined in Section 10335.7, that is subject to this code, shall not award a contract for which the state agency has not secured at least three competitive bids or proposals to a company that has made a behested payment, as defined in Section 82004.5 of the Government Code, at the behest of the Governor in the preceding 12 months.(b) As used in this section, company means a sole proprietorship, partnership, joint venture, corporation, or other business entity. |
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| 56 | 56 | | 6102. (a) A state agency, as defined in Section 10335.7, that is subject to this code, shall not award a contract for which the state agency has not secured at least three competitive bids or proposals to a company that has made a behested payment, as defined in Section 82004.5 of the Government Code, at the behest of the Governor in the preceding 12 months.(b) As used in this section, company means a sole proprietorship, partnership, joint venture, corporation, or other business entity. |
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| 58 | 58 | | 6102. (a) A state agency, as defined in Section 10335.7, that is subject to this code, shall not award a contract for which the state agency has not secured at least three competitive bids or proposals to a company that has made a behested payment, as defined in Section 82004.5 of the Government Code, at the behest of the Governor in the preceding 12 months.(b) As used in this section, company means a sole proprietorship, partnership, joint venture, corporation, or other business entity. |
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| 62 | 62 | | 6102. (a) A state agency, as defined in Section 10335.7, that is subject to this code, shall not award a contract for which the state agency has not secured at least three competitive bids or proposals to a company that has made a behested payment, as defined in Section 82004.5 of the Government Code, at the behest of the Governor in the preceding 12 months. |
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| 64 | 64 | | (b) As used in this section, company means a sole proprietorship, partnership, joint venture, corporation, or other business entity. |
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