BILL NUMBER: AB 348	CHAPTERED  09/06/05

	CHAPTER  185
	FILED WITH SECRETARY OF STATE  SEPTEMBER 6, 2005
	APPROVED BY GOVERNOR  SEPTEMBER 6, 2005
	PASSED THE ASSEMBLY  AUGUST 18, 2005
	PASSED THE SENATE  AUGUST 15, 2005
	AMENDED IN SENATE  JUNE 30, 2005
	AMENDED IN ASSEMBLY  APRIL 12, 2005

INTRODUCED BY   Assembly Members Arambula and Bass
   (Coauthors: Assembly Members Baca, Canciamilla, Garcia, and
Houston)

                        FEBRUARY 10, 2005

   An act to amend Sections 14839 and 14839.1 of the Government Code,
relating to small business programs.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 348, Arambula  Small business certification and reciprocity
program.
   Existing law provides for various programs to encourage the
participation of small businesses, as certified by the Department of
General Services, in state agency contracts, and sets forth the
duties of the Office of Small Business and Disabled Veteran Business
Enterprise Services in this regard.
   This bill would specify that a business that has been certified
by, or on behalf of, another governmental entity may be eligible for
certification as a small business if the certifying entity uses
substantially the same or more stringent definitions as those set
forth in existing law and substantially the same or a more stringent
certification analysis than that used by the department under these
provisions. It would require the office to make efforts to develop,
in cooperation with associations representing counties, cities, and
special districts, a core statewide small business certification
application that may be adopted by all participating entities.


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


  SECTION 1.  Section 14839 of the Government Code is amended to
read:
   14839.  There is hereby established within the department the
Office of Small Business and Disabled Veteran Business Enterprise
Services. The duties of the office shall include:
   (a) Compiling and maintaining a comprehensive bidders list of
qualified small businesses and disabled veteran business enterprises,
and noting which small businesses also qualify as microbusinesses.
   (b) Coordinating with the Federal Small Business Administration,
the Minority Business Development Agency, and the Office of Small
Business Development of the Department of Economic and Business
Development.
   (c) Providing technical and managerial aids to small businesses,
microbusinesses, and disabled veteran business enterprises, by
conducting workshops on matters in connection with government
procurement and contracting.
   (d) Assisting small businesses, microbusinesses, and disabled
veteran business enterprises, in complying with the procedures for
bidding on state contracts.
   (e) Working with appropriate state, federal, local, and private
organizations and business enterprises in disseminating information
on bidding procedures and opportunities available to small
businesses, microbusinesses, and disabled veteran business
enterprises.
   (f) Making recommendations to the department and other state
agencies for simplification of specifications and terms in order to
increase the opportunities for small business, microbusiness, and
disabled veteran business enterprise participation.
   (g) Developing, by regulation, other programs and practices that
are reasonably necessary to aid and protect the interest of small
businesses, microbusinesses, and disabled veteran business
enterprises in contracting with the state.
   (h) Making efforts to develop, in cooperation with associations
representing counties, cities, and special districts, a core
statewide small business certification application that may be
adopted by all participating entities, with any supplemental
provisions to be added as necessary by the respective entities.
   (i) The information furnished by each contractor requesting a
small business or microbusiness preference shall be under penalty of
perjury.
  SEC. 2.  Section 14839.1 of the Government Code is amended to read:

   14839.1.  (a) Except as provided in subdivision (b), the
department shall have sole responsibility for certifying and
determining the eligibility of small businesses and microbusinesses
under this chapter.
   (b) Notwithstanding subdivision (a), a business that has been
certified by, or on behalf of, another governmental entity may be
eligible for certification as a small business if the certifying
entity uses substantially the same or more stringent definitions as
those set forth in Section 14837 and substantially the same or a more
stringent certification analysis than that used by the department
pursuant to this chapter.