BILL NUMBER: AB 1960	CHAPTERED
	BILL TEXT

	CHAPTER  861
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2012
	PASSED THE SENATE  AUGUST 22, 2012
	PASSED THE ASSEMBLY  AUGUST 27, 2012
	AMENDED IN SENATE  AUGUST 6, 2012
	AMENDED IN ASSEMBLY  MARCH 27, 2012

INTRODUCED BY   Assembly Member Dickinson
   (Coauthor: Assembly Member Ma)

                        FEBRUARY 23, 2012

   An act to amend Section 10111 of the Public Contract Code,
relating to public contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1960, Dickinson. State contracts: reports: lesbian, gay,
bisexual, and transgender businesses.
   Existing law requires the Department of General Services to make
available a report on contracting activity containing specified
information, including the level of participation of business
enterprises, by race, ethnicity, and gender of owner, in specified
contracts.
   This bill would require the Department of General Services to
include in the report on contracting activity information regarding
the level of participation of lesbian, gay, bisexual, or transgender
owned businesses in specified contracts, as provided.


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

  SECTION 1.  Section 10111 of the Public Contract Code is amended to
read:
   10111.  Commencing January 1, 2007, the department shall make
available a report on contracting activity containing the following
information:
   (a) A listing of consulting services contracts that the state has
entered into during the previous fiscal year. The listing shall
include the following:
   (1) The name and identification number of each contractor.
   (2) The type of bidding entered into, the number of bidders,
whether the low bidder was accepted, and if the low bidder was not
accepted, an explanation of why another contractor was selected.
   (3) The amount of the contract price.
   (4) Whether the contract was a noncompetitive bid contract, and
why the contract was a noncompetitive bid contract.
   (5) Justification for entering into each consulting services
contract.
   (6) The purpose of the contract and the potential beneficiaries.
   (7) The date when the initial contract was signed, and the date
when the work began and was completed.
   (b) The report shall also include a separate listing of consultant
contracts completed during that fiscal year, with the same
information specified in subdivision (a).
   (c) The information specified in subdivisions (a) and (b) shall
also include a list of any contracts underway during that fiscal year
on which a change was made regarding the following:
   (1) The completion date of the contract.
   (2) The amount of money to be received by the contractor, if it
exceeds 3 percent of the original contract price.
   (3) The purpose of the contract or duties of the contractor. A
brief explanation shall be given if the change in purpose is
significant.
   (d) The level of participation, by agency, of disabled veteran
business enterprises in statewide contracting and shall include
dollar values of contract award for the following categories:
   (1) Construction.
   (2) Architectural, engineering, and other professional services.
   (3) Procurement of materials, supplies, and equipment.
   (4) Information technology procurements.
   Additionally, the report shall include a statistical summary
detailing each awarding department's goal achievement and a statewide
total of those goals.
   (e) The level of participation by small business in state
contracting including:
   (1) Upon request, an up-to-date list of eligible small business
bidders by general procurement and construction contract categories,
noting company names and addresses and also noting which small
businesses also qualify as microbusinesses.
   (2) By general procurement and construction contract categories,
statistics comparing the small business and microbusiness contract
participation dollars to the total state contract participation
dollars.
   (3) By awarding department and general procurement and
construction categories, statistics comparing the small business and
microbusiness contract participation dollars to the total state
contract participation dollars.
   (4) Any recommendations for changes in statutes or state policies
to improve opportunities for small businesses and microbusinesses.
   (5) A statistical summary of small businesses and microbusinesses
certified for state contracting by the number of employees at the
business for each of the following categories: 0-5, 26-50, 51-75, and
76-100.
   (6) To the extent feasible, beginning in the year 2008, the number
of contracts awarded by the department in the categories specified
in paragraph (5).
   (7) The number of contracts and dollar amounts awarded annually
pursuant to Section 14838.5 of the Government Code to small
businesses, microbusinesses, and disabled veteran business
enterprises.
   (f) The level of participation of business enterprises, by race,
ethnicity, and gender of the owner, in contracts to the extent that
the information has been voluntarily reported to the department. In
addition, the report shall contain the levels of participation of
business enterprises, by race, ethnicity, and gender of the owner,
and whether the business is a lesbian, gay, bisexual, or transgender
owned business for the following categories of contracts, to the
extent that the information has been voluntarily reported to the
department:
   (1) Construction.
   (2) Purchases of materials, supplies, or equipment.
   (3) Professional services.
   (g) In the years 2011 and 2012, any errors reported to the
department by an awarding agency as required by Sections 10302,
10344, and 12104.5, in the previous fiscal year.
   (h) The amendments made to this section by the act adding this
subdivision shall apply on and after January 1, 2013.