BILL NUMBER: AB 107	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Smyth

                        JANUARY 4, 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.
State-mandated 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.