California 2021 2021-2022 Regular Session

California Senate Bill SB34 Enrolled / Bill

Filed 09/01/2022

                    Enrolled  September 01, 2022 Passed IN  Senate  August 29, 2022 Passed IN  Assembly  August 15, 2022 Amended IN  Assembly  August 08, 2022 Amended IN  Assembly  June 13, 2022 Amended IN  Assembly  May 26, 2022 Amended IN  Senate  May 20, 2021 Amended IN  Senate  April 15, 2021 Amended IN  Senate  April 06, 2021 Amended IN  Senate  February 24, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 34Introduced by Senator Umberg(Principal coauthor: Assembly Member Daly)(Coauthor: Senator Min)(Coauthors: Assembly Members Petrie-Norris and Quirk-Silva)December 07, 2020An act to add Section 6102 to the Public Contract Code, relating to public contracts.LEGISLATIVE COUNSEL'S DIGESTSB 34, Umberg. Public contracts: authorized agent: limitations.Existing law governs the bidding and awarding of public contracts by public entities, as defined. Existing law makes it a crime for a public official, as specified, to ask, receive, or agree to receive, any bribe, upon an understanding that their official vote, opinion, judgment, or action will be influenced thereby.This bill would declare a contract voidable that was entered into because of an act that would constitute a violation of a state or federal crime relating to bribery of a public official, including a violation of the above-described crime. The bill would specify that these provisions apply to contracts executed on or after January 1, 2023, including contracts negotiated prior to that date.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  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 contract that was entered into because of an act that would constitute a violation of a state or federal crime relating to bribery of a public official, including, but not limited to, a violation of Section 68 or 86 of the Penal Code is voidable.(b) This section applies to contracts executed on or after January 1, 2023, including contracts negotiated prior to January 1, 2023.

 Enrolled  September 01, 2022 Passed IN  Senate  August 29, 2022 Passed IN  Assembly  August 15, 2022 Amended IN  Assembly  August 08, 2022 Amended IN  Assembly  June 13, 2022 Amended IN  Assembly  May 26, 2022 Amended IN  Senate  May 20, 2021 Amended IN  Senate  April 15, 2021 Amended IN  Senate  April 06, 2021 Amended IN  Senate  February 24, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 34Introduced by Senator Umberg(Principal coauthor: Assembly Member Daly)(Coauthor: Senator Min)(Coauthors: Assembly Members Petrie-Norris and Quirk-Silva)December 07, 2020An act to add Section 6102 to the Public Contract Code, relating to public contracts.LEGISLATIVE COUNSEL'S DIGESTSB 34, Umberg. Public contracts: authorized agent: limitations.Existing law governs the bidding and awarding of public contracts by public entities, as defined. Existing law makes it a crime for a public official, as specified, to ask, receive, or agree to receive, any bribe, upon an understanding that their official vote, opinion, judgment, or action will be influenced thereby.This bill would declare a contract voidable that was entered into because of an act that would constitute a violation of a state or federal crime relating to bribery of a public official, including a violation of the above-described crime. The bill would specify that these provisions apply to contracts executed on or after January 1, 2023, including contracts negotiated prior to that date.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Enrolled  September 01, 2022 Passed IN  Senate  August 29, 2022 Passed IN  Assembly  August 15, 2022 Amended IN  Assembly  August 08, 2022 Amended IN  Assembly  June 13, 2022 Amended IN  Assembly  May 26, 2022 Amended IN  Senate  May 20, 2021 Amended IN  Senate  April 15, 2021 Amended IN  Senate  April 06, 2021 Amended IN  Senate  February 24, 2021

Enrolled  September 01, 2022
Passed IN  Senate  August 29, 2022
Passed IN  Assembly  August 15, 2022
Amended IN  Assembly  August 08, 2022
Amended IN  Assembly  June 13, 2022
Amended IN  Assembly  May 26, 2022
Amended IN  Senate  May 20, 2021
Amended IN  Senate  April 15, 2021
Amended IN  Senate  April 06, 2021
Amended IN  Senate  February 24, 2021

 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

 Senate Bill 

No. 34

Introduced by Senator Umberg(Principal coauthor: Assembly Member Daly)(Coauthor: Senator Min)(Coauthors: Assembly Members Petrie-Norris and Quirk-Silva)December 07, 2020

Introduced by Senator Umberg(Principal coauthor: Assembly Member Daly)(Coauthor: Senator Min)(Coauthors: Assembly Members Petrie-Norris and Quirk-Silva)
December 07, 2020

An act to add Section 6102 to the Public Contract Code, relating to public contracts.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 34, Umberg. Public contracts: authorized agent: limitations.

Existing law governs the bidding and awarding of public contracts by public entities, as defined. Existing law makes it a crime for a public official, as specified, to ask, receive, or agree to receive, any bribe, upon an understanding that their official vote, opinion, judgment, or action will be influenced thereby.This bill would declare a contract voidable that was entered into because of an act that would constitute a violation of a state or federal crime relating to bribery of a public official, including a violation of the above-described crime. The bill would specify that these provisions apply to contracts executed on or after January 1, 2023, including contracts negotiated prior to that date.

Existing law governs the bidding and awarding of public contracts by public entities, as defined. Existing law makes it a crime for a public official, as specified, to ask, receive, or agree to receive, any bribe, upon an understanding that their official vote, opinion, judgment, or action will be influenced thereby.

This bill would declare a contract voidable that was entered into because of an act that would constitute a violation of a state or federal crime relating to bribery of a public official, including a violation of the above-described crime. The bill would specify that these provisions apply to contracts executed on or after January 1, 2023, including contracts negotiated prior to that date.

## Digest Key

## Bill Text

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 contract that was entered into because of an act that would constitute a violation of a state or federal crime relating to bribery of a public official, including, but not limited to, a violation of Section 68 or 86 of the Penal Code is voidable.(b) This section applies to contracts executed on or after January 1, 2023, including contracts negotiated prior to January 1, 2023.

The people of the State of California do enact as follows:

## 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 contract that was entered into because of an act that would constitute a violation of a state or federal crime relating to bribery of a public official, including, but not limited to, a violation of Section 68 or 86 of the Penal Code is voidable.(b) This section applies to contracts executed on or after January 1, 2023, including contracts negotiated prior to January 1, 2023.

SECTION 1. Section 6102 is added to the Public Contract Code, to read:

### SECTION 1.

6102. (a) A contract that was entered into because of an act that would constitute a violation of a state or federal crime relating to bribery of a public official, including, but not limited to, a violation of Section 68 or 86 of the Penal Code is voidable.(b) This section applies to contracts executed on or after January 1, 2023, including contracts negotiated prior to January 1, 2023.

6102. (a) A contract that was entered into because of an act that would constitute a violation of a state or federal crime relating to bribery of a public official, including, but not limited to, a violation of Section 68 or 86 of the Penal Code is voidable.(b) This section applies to contracts executed on or after January 1, 2023, including contracts negotiated prior to January 1, 2023.

6102. (a) A contract that was entered into because of an act that would constitute a violation of a state or federal crime relating to bribery of a public official, including, but not limited to, a violation of Section 68 or 86 of the Penal Code is voidable.(b) This section applies to contracts executed on or after January 1, 2023, including contracts negotiated prior to January 1, 2023.



6102. (a) A contract that was entered into because of an act that would constitute a violation of a state or federal crime relating to bribery of a public official, including, but not limited to, a violation of Section 68 or 86 of the Penal Code is voidable.

(b) This section applies to contracts executed on or after January 1, 2023, including contracts negotiated prior to January 1, 2023.