| 1 | | - | Senate Bill No. 34 CHAPTER 297An act to add Section 6102 to the Public Contract Code, relating to public contracts. [ Approved by Governor September 13, 2022. Filed with Secretary of State September 13, 2022. ] 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. |
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| 1 | + | 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. |
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| 3 | | - | Senate Bill No. 34 CHAPTER 297An act to add Section 6102 to the Public Contract Code, relating to public contracts. [ Approved by Governor September 13, 2022. Filed with Secretary of State September 13, 2022. ] 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 |
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| 3 | + | 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 |
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| 7 | | - | Senate Bill No. 34 |
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| 7 | + | Enrolled September 01, 2022 |
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| 8 | + | Passed IN Senate August 29, 2022 |
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| 9 | + | Passed IN Assembly August 15, 2022 |
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| 10 | + | Amended IN Assembly August 08, 2022 |
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| 11 | + | Amended IN Assembly June 13, 2022 |
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| 12 | + | Amended IN Assembly May 26, 2022 |
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| 13 | + | Amended IN Senate May 20, 2021 |
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| 14 | + | Amended IN Senate April 15, 2021 |
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| 15 | + | Amended IN Senate April 06, 2021 |
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| 16 | + | Amended IN Senate February 24, 2021 |
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| 14 | 30 | | |
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| 15 | 31 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 32 | | |
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| 17 | 33 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 34 | | |
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| 19 | 35 | | SB 34, Umberg. Public contracts: authorized agent: limitations. |
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| 20 | 36 | | |
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| 21 | 37 | | 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. |
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| 22 | 38 | | |
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| 23 | 39 | | 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. |
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| 24 | 40 | | |
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| 25 | 41 | | 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. |
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| 26 | 42 | | |
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| 27 | 43 | | ## Digest Key |
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| 28 | 44 | | |
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| 29 | 45 | | ## Bill Text |
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| 30 | 46 | | |
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| 31 | 47 | | 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. |
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| 32 | 48 | | |
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| 33 | 49 | | The people of the State of California do enact as follows: |
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| 34 | 50 | | |
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| 35 | 51 | | ## The people of the State of California do enact as follows: |
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| 36 | 52 | | |
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| 37 | 53 | | 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. |
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| 38 | 54 | | |
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| 39 | 55 | | SECTION 1. Section 6102 is added to the Public Contract Code, to read: |
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| 40 | 56 | | |
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| 41 | 57 | | ### SECTION 1. |
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| 42 | 58 | | |
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| 43 | 59 | | 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. |
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| 44 | 60 | | |
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| 45 | 61 | | 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. |
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| 46 | 62 | | |
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| 47 | 63 | | 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. |
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| 48 | 64 | | |
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| 49 | 65 | | |
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| 50 | 66 | | |
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| 51 | 67 | | 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. |
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| 52 | 68 | | |
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| 53 | 69 | | (b) This section applies to contracts executed on or after January 1, 2023, including contracts negotiated prior to January 1, 2023. |
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