BILL NUMBER: AB 1080	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 24, 2002
	AMENDED IN SENATE  JUNE 10, 2002
	AMENDED IN SENATE  APRIL 29, 2002
	AMENDED IN ASSEMBLY  APRIL 23, 2001
	AMENDED IN ASSEMBLY  APRIL 3, 2001

INTRODUCED BY   Assembly Member Kehoe
    (Coauthors:  Assembly Members Alquist, Aroner, Diaz,
Goldberg, Migden, Strom-Martin, and Wiggins) 
    (Coauthors:  Senators Kuehl and Vasconcellos) 

                        FEBRUARY 23, 2001

   An act to add Section 10295.3 to the Public Contract Code,
relating to public contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1080, as amended, Kehoe.  State contracts:  acquisition of
goods or services.
   Existing law authorizes the Department of General Services to
contract with suppliers to acquire goods and services for state
agencies.
   This bill would prohibit a state agency from entering into a
contract for the acquisition of goods or services with a vendor or
contractor who does not offer benefits to  registered
 domestic partner employees  , as defined, that are
 equal to benefits offered to  married 
employees  with spouses, except as otherwise specified  .
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  
  SECTION 1.  Section 10295.3 is added to the Public Contract
 
  SECTION 1.  Section 10295.3 is added to the Public Contract Code,
to read:
   10295.3.  (a) Notwithstanding any other provision of law, a state
agency may not enter into any contract for the acquisition of goods
or services with a vendor or contractor who does not offer benefits
to employees with domestic partners that are equal to benefits
offered to employees with spouses, and to the domestic partners and
spouses of those employees.  For purposes of this section, "domestic
partner" means one of two persons who has filed a declaration of
partnership with the Secretary of State pursuant to Division 2.5
(commencing with Section 297) of the Family Code.  These benefits may
include, but not be limited to, bereavement leave, family medical
leave, health benefits, membership or membership discounts, moving
expenses, pension, and retirement benefits or travel benefits as well
as any benefits other than bereavement leave, family medical leave,
health benefits, membership or membership discounts, moving expenses,
pension and retirement benefits or travel benefits.  This section
shall not apply to any contracts executed or amended prior to April
1, 2003, or to bid packages advertised and made available to the
public, or any competitive or sealed bids received by the state,
prior to April 1, 2003, unless and until those contracts or property
contracts are amended after March 31, 2003, and would otherwise be
subject to this section.
   (b) Contractors or vendors shall treat as confidential to the
maximum extent allowed by law or by the requirement of contractor's
or vendor's insurance provider, any request by an employee or
applicant for employment for domestic partner or spousal benefits or
any documentation of eligibility for domestic partner or spousal
benefits submitted by an employee or applicant for employment.
   (c) After taking all reasonable measures to find a contractor or
vendor that complies with this section, the requirements of this
section may be waived under any of the following circumstances:
   (1) Whenever there is only one prospective contractor willing to
enter into a specific contract with the state agency.
   (2) If the contract is necessary to respond to an emergency that
endangers the public health or safety and no entity which complies
with the requirements of this section capable of responding to the
emergency is immediately available.
   (3) Where the requirements of this section violate, or are
inconsistent, with the terms or conditions of a grant, subvention or
agreement with a public agency or the instructions of an authorized
representative of any public agency with respect to any grant,
subvention, or agreement, provided that a good faith attempt has been
made by the agency to change the terms or conditions of any grant,
subvention, or agreement to authorize application of this section.
   (4) Where there are no qualified responsive bidders or prospective
contractors or vendors who could comply with the requirements of
this section and the contract is essential to the state and state
residents.
   (5) Where the contract or vendor is providing wholesale or bulk
water, power or natural gas, the conveyance or transmission of same,
or ancillary services such as spinning reserve, voltage control, or
loading scheduling, as required for assuring reliable services in
accordance with good utility practice, provided that the purchase of
same may not practically be accomplished through the standard
competitive bidding procedures; and further provided that this
exemption shall not apply to contractors or vendors or franchises
providing direct, retail services to end users.
   (d) In the event that the contractor's or vendor's actual cost of
providing a certain benefit for the domestic partner of an employee
exceeds that of providing it for the spouse of an employee, or the
contractor's or vendor's actual cost of providing a certain benefit
for the spouse of an employee exceeds that of providing it for the
domestic partner of an employee, the contractor or vendor shall not
be deemed to discriminate in the provision of benefits if the
contractor or vendor conditions providing the benefit upon the
employee agreeing to pay the excess costs.  In addition, in the event
a contractor or vendor is unable to provide a certain benefit,
despite taking reasonable measures to do so, the contractor or vendor
shall not be deemed to discriminate in the provision of benefits if
the contractor provides the employee with a cash equivalent.
   (e) This section shall be construed so as not to conflict with
applicable federal laws, rules, or regulations.  In the event that a
court or agency of competent jurisdiction holds that federal law,
rule, or regulation invalidates any clause, sentence, paragraph, or
section of this code or the application thereof to any person or
circumstances, it is the intent of the state that the court or agency
sever that clause, sentence, paragraph, or section so that the
remainder of this section shall remain in effect.  
Code, to read:
   10295.3.  Notwithstanding any other provision of law, a state
agency may not enter into any contract for the acquisition of goods
or services with a vendor or contractor who does not offer benefits
to domestic partner employees, who are registered with the Secretary
of State under Division 2.5 (commencing with Section 297) of the
Family Code, equal to benefits offered to married employees.