BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 177
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 177 (Ruskin)
          As Amended  January 4, 2010
          Majority 

           ECONOMIC DEVELOPMENT  6-0       APPROPRIATIONS      17-0        
           
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          |Ayes:|V. Manuel Perez, Logue,   |Ayes:|De Leon, Conway, Ammiano, |
          |     |Beall,                    |     |Bradford, Charles         |
          |     |Bill Berryhill, Block,    |     |Calderon, Coto, Davis,    |
          |     |Salas                     |     |Fuentes, Hall, Harkey,    |
          |     |                          |     |Miller, Nielsen, John A.  |
          |     |                          |     |Perez, Skinner, Solorio,  |
          |     |                          |     |Audra Strickland,         |
          |     |                          |     |Torlakson                 |
           ----------------------------------------------------------------- 

           SUMMARY  :  Increases and conforms penalties for persons who  
          falsely engage in activities relating to the Small Business  
          Procurement and Contract Act (Small Business Act), including  
          small businesses, microbusinesses, and disabled veteran-owned  
          business enterprises (DVBE).  Specifically,  this bill  :

          1)Extends revocation of small business certification and  
            prohibition on further state business for certain specified  
            fraudulent activities.  

          2)Adds a new penalty for making false statements on DVBE  
            participation in contracts.  

          3)Extends revocation of DVBE certification and prohibition on  
            further state business for certain specified fraudulent  
            activities.  

          4)Terminates other state contracts for certain specified  
            fraudulent activities related to small business, including  
            microbusiness, and DVBE procurement.  

          5)Authorizes the Department of General Services (DGS) and the  
            awarding department to recover costs incurred during their  
            investigation into specified violations under the Small  
            Business Act.  









                                                                  AB 177
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           EXISTING LAW  :

          1)Requires each state agency to annually meet a 3% DVBE  
            procurement goal and a 25% small business goal, based on the  
            aggregate amount of contracts let over the year.

          2)Establishes a 5% preference for bids made by a certified small  
            business, as defined.  Non-small businesses that subcontract  
            at least 25% of their contracts with small businesses may also  
            qualify for the small business bidder's preference.  

          3)Establishes 5% preference for bids made a certified DVBE.

          4)Defines a small business as a business that is independently  
            owned, not dominant in its field of operation, domiciled in  
            California, employing 100 or fewer employees, and earning $10  
            million or less in average annual gross revenues for the three  
            previous years.   

          5)Defines a DVBE as a business entity that is at least 51% owned  
            or controlled by one or more disabled veterans, as specified. 

           FISCAL EFFECT  :  According to the Assembly Appropriation  
          Committee, the costs associated with this legislation should be  
          minor and absorbable within existing resources.

           COMMENTS  :    

          1)The purpose of this bill is to address fraudulent behavior by  
            individuals and businesses who seek to improperly obtain or  
            retain small business and DVBE certification, bidding  
            preferences or participation in state contracts.   
           
            Testimony in legislative hearings by DGS, small business  
            groups and DVBE advocates has reported that some current and  
            prospective state contractors have fraudulently represented  
            that they are a certified small business, DVBE, or that they  
            will be utilizing the services of a certified small business  
            or DVBE subcontractor.  

            In other reported cases, individuals and businesses have made  
            false statements in order to assist an ineligible business to  
            become certified or to help them retain their improperly  
            obtained certification once the business is being investigated  








                                                                 AB 177
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            by state officials.  Still other individuals and businesses  
            have fraudulently submitted bid packages that commit to using  
            a certified DVBE or small business, but in actuality the  
            subcontract is never let or the contracted work is  
            inconsequential and only included in order to obtain a bid  
            preference.

            Existing law contains penalties for contractors which  
            fraudulently bid; however, examples of contractor abuses in  
            the small business and DVBE programs are increasing.  This  
            bill would substantially increase penalties for a variety of  
            fraudulent behaviors, including extending the term of  
            revocations of certification and suspensions from applying for  
            or participating in state contracts.  

          2)These provisions were originally included in SB 1942 (Ruskin)  
            from the 2007-08 Session, which was vetoed.  According to the  
            Governor's message, "The historic delay in passing the  
            2008-2009 State Budget has forced me to prioritize the bills  
            sent to my desk at the end of the year's legislative session.   
            Given the delay, I am only signing bills that are the highest  
            priority for California.  This bill does not meet that  
            standard and I cannot sign it at this time."   
           

          Analysis Prepared by  :    Toni Symonds / J., E.D. & E. / (916)  
          319-2090 


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