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.
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
Senate Bill No. 34 CHAPTER 297
Senate Bill No. 34
CHAPTER 297
An 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 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.