BILL ANALYSIS Ó
AB 1505
Page 1
GOVERNOR'S VETO
AB
1505 (Roger Hernández)
As Enrolled September 1, 2016
2/3 vote
--------------------------------------------------------------------
|ASSEMBLY: | |(May 14, 2015) |SENATE: |29-6 |(August 18, |
| | | | | |2016) |
| | | | | | |
| | | | | | |
--------------------------------------------------------------------
(vote not relevant)
----------------------------------------------------------------------
| | | | | |
| | | | | |
|COMMITTEE VOTE: |6-0 |(August 24, |RECOMMENDATION: |concur |
| | |2016) | | |
| | | | | |
| | | | | |
| | | | | |
| | | | | |
| | | | | |
| | | | | |
----------------------------------------------------------------------
(Pub. S.)
--------------------------------------------------------------------
|ASSEMBLY: |77-1 |(August 25, | | | |
AB 1505
Page 2
| | |2016) | | | |
| | | | | | |
| | | | | | |
| | | | | | |
| | | | | | |
--------------------------------------------------------------------
Original Committee Reference: L. & E..
SUMMARY: Extends the statute of limitations from one year to
three for specified misdemeanor violations of the Public
Contract Code.
The Senate amendments delete the Assembly version of this bill
and instead, provide that prosecution for specified violations
of the Public Contract Code prohibiting the splitting of work
orders or projects to avoid competitive bidding shall commence
within three years of the commission of the offense.
EXISTING LAW:
1)Provides that prosecution for crimes punishable by
imprisonment in the state prison for eight years or more must
commence within six years after commission of the offense,
unless otherwise provided by law.
2)Provides that prosecution for an offense punishable by
imprisonment in state prison or pursuant to subdivision (h) of
section 1170 must commence within three years commission of
the offense, except as specified.
3)Provides that the prosecution of a misdemeanor must commence
within one year of the commission of the offense, unless
otherwise provided by law.
AB 1505
Page 3
4)Provides that for an offense which is a "wobbler" (i.e.,
punishable as an alternate felony or misdemeanor), the offense
is classified consistent with its maximum punishment for
purposes of the statute of limitations.
5)Disregards enhancements for purposes of determining the
statute of limitations.
6)States that, unless otherwise provided by law, a statute of
limitations is not tolled or extended for any reason.
7)States that a prosecution is commenced when one of the
following occurs:
a) An indictment or information is filed;
b) A complaint charging a misdemeanor or infraction is
filed;
c) The defendant is arraigned on a complaint that charges
him or her with a felony; or,
d) An arrest warrant or bench warrant is issued.
8)Makes it unlawful to split or separate into smaller work
orders or projects any work, project, service, or purchase for
the purpose of evading provisions of law requiring contracting
after competitive bidding.
AB 1505
Page 4
9)Makes it a misdemeanor to split or separate into smaller work
orders or projects any public work project for the purpose of
evading the requirement that public work be done by contract
after competitive bidding.
10)Makes it unlawful to split or separate into smaller work
orders or projects any work, project, service, or purchase for
the purpose of evading the provisions of law requiring
contracting after competitive bidding.
11)Makes it unlawful to split or separate into smaller work
orders or projects for the purpose of evading the provisions
of law requiring work to be done by contract after competitive
bidding.
12)Makes it unlawful to split or separate into smaller work
orders or projects any project for the purpose of avoiding
competitive bidding.
AS PASSED BY THE ASSEMBLY, this bill required a car wash
employer to provide written notice to a successor employer
regarding the requirements of existing law prior to the sale or
other transfer of the business.
FISCAL EFFECT: None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS: According to the author, "While the Controller's
audit was on West Covina, it brought to light a deficiency in
the statute of limitations in regards to violating state and
local contracting laws. The recommendation highlighted the need
for a statutory change to prevent willful abuse of taxpayer
AB 1505
Page 5
dollars. The current one-year limitation impedes any recourse
for justice. By extending the limitation it provides greater
protection of taxpayer dollars and holds elected officials more
accountable."
This bill was substantially amended in the Senate and the
Assembly approved provisions of this bill were deleted. This
bill, as amended in the Senate is inconsistent with Assembly
actions.
GOVERNOR'S VETO MESSAGE:
I am returning Assembly Bill 1505 without my signature.
This bill extends, from one to three years, the statute of
limitations for specified Public Contract Code misdemeanors
relating to competitive bidding.
Although the bill extends the criminal statute of limitations
for violations of seven Public Contract Code sections,
violations of four of those code sections carry no criminal
penalties and are not actual crimes. We should not introduce
any uncertainty into the Penal Code.
Analysis Prepared by:
Sandy Uribe / PUB. S. / (916) 319-3744 FN:
0005135
AB 1505
Page 6