BILL NUMBER: AB 2089	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member DeVore

                        FEBRUARY 19, 2008

   An act to add Sections 10109.5, 10297.5, and 12102.5 to the Public
Contract Code, relating to state contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2089, as introduced, DeVore. State contracts: unauthorized
aliens.
   Existing law governs contracting between state agencies and
private contractors, and sets forth requirements for the erection,
alteration, repair, or improvement of any state structure, building,
road, or any other state improvement of any kind, and for the
procurement of materials, supplies, equipment, and services by state
agencies.
   This bill would prohibit all state agencies from awarding any
contract for the construction of a public works project, for the
acquisition of goods and services, and for the acquisition of
information technology goods and services to a bidder or contractor
that hires for employment in the United States, an alien, knowing the
alien is an unauthorized alien, as defined. The bill also would
require all state agencies to verify that all of the employees of a
bidder or contractor have been subject to the Basic Pilot Program
Extension and Expansion Act of 2003.
   The bill would require a bidder or contractor who discovers that
it is employing an unauthorized alien to inform the state agency
within 3 days of that discovery. This bill also would provide that a
bidder or contractor who reasonably relies on fraudulent documents
supplied by an unauthorized alien when hiring such aliens remains
eligible for the state contract.
   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 10109.5 is added to the Public Contract Code,
to read:
   10109.5.  (a) No state agency, that is subject to this chapter,
shall award a contract for a project to a bidder or contractor that
hires for employment in the United States, an alien, knowing the
alien is an unauthorized alien, as defined in Section 1324a(h)(3) of
Title 8 of the United States Code, with respect to such employment.
   (b) For purposes of this section, a state agency that is subject
to this chapter shall verify the employment records of the bidder or
contractor that none of its employees are unauthorized aliens
pursuant to Section 1324a(b) of Title 8 of the United States Code,
and that all of employees of the bidder or contractor have been
subject to the Basic Pilot Program Extension and Expansion Act of
2003 (8 U.S.C. 1101).
   (c) If a bidder or contractor discovers that it is employing an
unauthorized alien, the bidder or contractor shall inform the state
agency within three days of that discovery.
   (d) If an unauthorized alien supplies fraudulent documents for the
purposes of employment, and the bidder or contractor reasonably
relied on those documents in hiring the unauthorized alien, the
bidder or contractor shall remain eligible for the state contract.
  SEC. 2.  Section 10297.5 is added to the Public Contract Code, to
read:
   10297.5.  (a) No state agency, that is subject to this chapter,
shall award a contract for the acquisition of goods and services to a
bidder or contractor that hires for employment in the United States,
an alien, knowing the alien is an unauthorized alien, as defined in
Section 1324a(h)(3) of Title 8 of the United States Code, with
respect to such employment.
   (b) For purposes of this section, a state agency that is subject
to this chapter shall verify the employment records of the bidder or
contractor that none of its employees are unauthorized aliens
pursuant to Section 1324a(b) of Title 8 of the United States Code,
and that all of employees of the bidder or contractor have been
subject to the Basic Pilot Program Extension and Expansion Act of
2003 (8 U.S.C. 1101).
   (c) If a bidder or contractor discovers that it is employing an
unauthorized alien, the bidder or contractor shall inform the state
agency within three days of that discovery.
   (d) If an unauthorized alien supplies fraudulent documents for the
purposes of employment, and the bidder or contractor reasonably
relied on those documents in hiring the unauthorized alien, the
bidder or contractor shall remain eligible for the state contract.
  SEC. 3.  Section 12102.5 is added to the Public Contract Code, to
read:
   12102.5.  (a) No state agency, that is subject to this chapter,
shall award a contract for the acquisition of information technology
goods and services to a bidder or contractor that hires for
employment in the United States, an alien, knowing the alien is an
unauthorized alien, as defined in Section 1324a(h)(3) of Title 8 of
the United States Code, with respect to such employment.
   (b) For purposes of this section, a state agency that is subject
to this chapter shall verify the employment records of the bidder or
contractor that none of its employees are unauthorized aliens
pursuant to Section 1324a(b) of Title 8 of the United States Code,
and that all of employees of the bidder or contractor have been
subject to the Basic Pilot Program Extension and Expansion Act of
2003 (8 U.S.C. 1101).
   (c) If a bidder or contractor discovers that it is employing an
unauthorized alien, the bidder or contractor shall inform the state
agency within three days of that discovery.
   (d) If an unauthorized alien supplies fraudulent documents for the
purposes of employment, and the bidder or contractor reasonably
relied on those documents in hiring the unauthorized alien, the
bidder or contractor shall remain eligible for the state contract.