BILL NUMBER: SB 1045	CHAPTERED
	BILL TEXT

	CHAPTER  1165
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2002
	PASSED THE SENATE  AUGUST 30, 2002
	PASSED THE ASSEMBLY  AUGUST 26, 2002
	AMENDED IN ASSEMBLY  AUGUST 24, 2002
	AMENDED IN ASSEMBLY  AUGUST 21, 2002
	AMENDED IN ASSEMBLY  AUGUST 6, 2002
	AMENDED IN ASSEMBLY  JUNE 27, 2001
	AMENDED IN SENATE  APRIL 3, 2001

INTRODUCED BY   Senator Polanco
   (Coauthor:  Assembly Member Diaz)

                        FEBRUARY 23, 2001

   An act to add Sections 11139.6, 11139.7, and 11139.8 to the
Government Code, relating to public employment and contracting.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1045, Polanco.  Public employment and contracting.
   Existing provisions of the California Constitution prohibit
discrimination or preferential treatment based on race, ethnicity,
and gender in the operation of public employment, public education,
and public contracting.
   This bill would declare the intent of the Legislature to reaffirm
diversity as a public policy goal in public employment and public
contracting.  The bill would authorize governmental agencies to
engage in various general recruitment and outreach programs and
focused outreach activities to increase diversity in public
employment and public contracting.  The bill would require each state
department or agency awarding a contract or procuring goods or
services, and would authorize each local agency receiving state
funds, to collect information and report annually to the Governor and
the Legislature on the participation level of minority, women, and
disabled veteran-owned business enterprises in these contract and
procurement activities.


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


  SECTION 1.  The Legislature hereby finds and declares the
following:
   (a) Proposition 209, enacted by the voters on November 5, 1996,
amended the California Constitution by adding Section 31 to Article I
thereof to ban discrimination or preferential treatment based on
race, ethnicity, and gender in the operation of public employment,
public education, and public contracting.
   (b) It is the intent of the Legislature to reaffirm diversity as a
public policy goal in public contracting and public employment.
   (c) California's ability to compete will suffer if talented,
skilled business professionals and workers from any segment of the
labor pool are excluded from employment or denied contracting
opportunities because of discrimination or exclusion.
   (d) In an August 1, 2000, report by the Governor's Task Force on
Diversity and Outreach, the Task Force recommended the state's
outreach efforts should ensure all sectors of California's workforce
are informed of state employment openings.
   (e) It is the intent of this act to emphasize and clarify that
Section 31 of Article I does not prohibit governmental agencies from
fashioning outreach programs in ways that will yield diverse results
in public employment and public contracting.
   (f) It is further the intent of the Legislature to clarify
permissible outreach strategies to accomplish the diversity goal.
  SEC. 2.  Section 11139.6 is added to the Government Code, to read:

   11139.6.  (a) (1) The Legislature finds and declares that
subdivision (a) of Section 31 of Article I of the California
Constitution prohibits state and local government agencies from
discriminating against or granting preferential treatment to any
individual or group on the basis of race, sex, color, ethnicity, or
national origin in the operation of public employment, public
education, and public contracting.  The Legislature finds that this
prohibition does not prevent governmental agencies from engaging in
inclusive public sector outreach and recruitment programs that, as a
component of general recruitment, may include, but not be limited to,
focused outreach and recruitment of minority groups and women if any
group is underrepresented in entry level positions of a public
sector employer.
   (2) The Legislature also finds and declares that increasing the
number of businesses that participate in the bidding process in
public contracting results in more vigorous competition, and thus
assists state and local agencies in obtaining the desired quality of
work at a lower cost.
   (3) It is the intent of this section that all governmental
agencies shall engage in general recruitment and outreach programs to
all individuals, including persons who are economically
disadvantaged.
   (b) For purposes of this section, underrepresentation shall be
determined by comparing the minority group or the number of women at
the governmental agency with that group's representation in the
current civilian labor force in the jurisdiction of the governmental
agency.
   (c) State government employment shall use current state civilian
labor force data to implement this section.
   (d) It is the intent of this section to allow public sector
employers to conduct outreach efforts with a goal of supplementing
word-of-mouth recruitment that should result in increasing diversity
of the public sector workforce.
   (e) The type of recruitment activities allowed would include, but
not be limited to, placement of job announcements in the following
media instruments:
   (1) General circulation newspapers, general circulation
publications, and general market radio and television stations,
including electronic media.
   (2) Local and regional community newspapers.
   (3) Newspapers, publications, and radio and television stations
that provide information in languages other than English and whose
primary audience is residents of minority and low-income communities.

   (4) Publications, including electronic media, that are distributed
to the general market and to newspapers, publications, and radio and
television stations whose primary audience is comprised of minority
groups or women.
   (5) Recruitment booths at job fairs or conferences oriented to
both the general market and the economically disadvantaged as well as
those events drawing a significant participation by minorities or
women.
  SEC. 3.  Section 11139.7 is added to the Government Code, to read:

   11139.7.  (a) The Governor's Task Force on Diversity and Outreach,
in its August 1, 2000, report, concluded that data on minority
business participation is not currently available, and that lack of
useful data on minority business participation in state contracting
is an overarching issue to be addressed.
   (b) In contracting for and procuring goods, services, information
technology, construction, architecture, and engineering consulting,
and other consulting services, state and local departments and
agencies are authorized to engage in focused outreach activities in
addition to general outreach, for purposes of increasing
participation by California's small business sector and increasing
diversity in the state's contracting and procurement activities.
   (c) Outreach activities may include, but are not limited to, the
following:
   (1) Invitations to bid distributed by state and local departments
and agencies to state and local small business and trade associations
and chambers of commerce, including ethnic chambers of commerce, and
other business and professional associations, including professional
minority, women, and disabled veteran-owned business and
professional groups and associations, as appropriate.
   (2) Publication of advertising concerning state and local
contracting and procurement opportunities in trade papers and other
publications focusing on small business enterprises, including
publications and newspapers in languages other than English and those
whose primary readership is minority, women, or disabled
veteran-owned businesses.
   (3) Outreach by small business advocates in each state or local
government department or agency to state and local small business and
trade associations and chambers of commerce, including ethnic
chambers of commerce, and other business and professional
associations, including professional minority, women, and disabled
veteran-owned business and professional groups and associations, as
appropriate.
  SEC. 4.  Section 11139.8 is added to the Government Code, to read:

   11139.8.  Notwithstanding any other provision of law, commencing
January 1, 2003, each state department or agency awarding a contract
or procuring goods or services shall, and each local agency receiving
state funds may, collect information and report to the Governor and
the Legislature on the level of participation by minority, women, and
disabled veteran-owned business enterprises in contract and
procurement activities as identified in this section.  The reports
shall be submitted annually, on or before July 1 of each year, and
shall include dollar values of contract awards for the following
categories of contractors:
   (a) Construction.
   (b) Architecture and engineering and other professional services.

   (c) Procurement of materials, supplies, and equipment.
   (d) Information technology procurements.