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AB-107 Public contracts: prospective bidders: unauthorized aliens.(2007-2008)

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CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Assembly Bill
No. 107

Introduced  by  Assembly Member Smyth

January 04, 2007

An act to add Sections 10170, 10334.1, and 10382 to the Public Contract Code, relating to public contracts.


LEGISLATIVE COUNSEL'S DIGEST


AB 107, as introduced, Smyth. Public contracts: prospective bidders: unauthorized aliens.
The State Contract Act authorizes the Department of General Services, or any other department with authority to enter into contracts, to require prospective bidders for state contracts to complete a questionnaire and financial statement regarding the prospective bidder’s financial ability and experience in performing public contracts.
This bill would require any questionnaire used pursuant to these provisions to require each prospective bidder to certify under penalty of perjury, that none of the prospective bidder’s employees are unauthorized aliens, as defined.
By requiring prospective bidders to certify that the questionnaires have been answered under penalty of perjury, this bill would expand the scope of the existing crime of perjury, and would thereby impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 10170 is added to the Public Contract Code, to read:

10170.
 A state agency, department, and any other state governmental entity shall require each prospective bidder that submits a bid or proposal with respect to a contract for construction, alteration, repair, improvement, professional services, materials, supplies, or equipment to complete, under penalty of perjury, a standard form of questionnaire verifying that none of the prospective bidder’s employees are unauthorized aliens, as defined in Section 1324(a)(h)(3) of Title 8 of the United States Code.

SEC. 2.

 Section 10334.1 is added to the Public Contract Code, to read:

10334.1.
 A state agency, department, and any other state governmental entity shall require each prospective bidder that submits a proposal with respect to a contract subject to the provisions of this article, to complete, under penalty of perjury, a standard form of questionnaire verifying that none of the prospective bidder’s employees are unauthorized aliens, as defined in Section 1324(a)(h)(3) of Title 8 of the United States Code.

SEC. 3.

 Section 10382 is added to the Public Contract Code, to read:

10382.
 A state agency, department, and any other state governmental entity shall require each prospective bidder that submits a proposal with respect to a contract subject to the provisions of this article, to complete, under penalty of perjury, a standard form of questionnaire verifying that none of the prospective bidder’s employees are unauthorized aliens, as defined in Section 1324(a)(h)(3) of Title 8 of the United States Code.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.