Bill Text: CA SB34 | 2021-2022 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Public contracts: authorized agent: limitations.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2022-09-13 - Chaptered by Secretary of State. Chapter 297, Statutes of 2022. [SB34 Detail]
Download: California-2021-SB34-Amended.html
by an agent acting on behalf of a public entity is void if the agent acted outside the scope of the agent’s employment in entering into the contract. because of a violation of Section 68 or 86 of the Penal Code is void.
Bill Title: Public contracts: authorized agent: limitations.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2022-09-13 - Chaptered by Secretary of State. Chapter 297, Statutes of 2022. [SB34 Detail]
Download: California-2021-SB34-Amended.html
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CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 34
| Introduced by Senator Umberg (Principal coauthor: Assembly Member Daly) |
December 07, 2020 |
An act to add Section 6102 to the Public Contract Code, relating to public contracts.
LEGISLATIVE COUNSEL'S DIGEST
SB 34, as amended, Umberg.
Public contracts: authorized agent: limitations.
Existing law governs the bidding and awarding of public contracts by public entities, as defined. Existing law makes it a crime for a public official, as specified, to ask, receive, or agree to receive, any bribe, upon an understanding that their official vote, opinion, judgment, or action will be influenced thereby.
This bill would declare a contract void that was entered into by an agent acting on behalf of a public entity to be void if the agent acted outside the scope of their employment in entering into the contract, as specified.
because of a violation of the above-described crime. The bill would specify that these provisions apply to contracts executed on or after to January 1, 2023, including contracts negotiated prior to that date.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 6102 is added to the Public Contract Code, to read:6102.
(a) A contract that was entered into(b)For purposes of this section, “acting outside the scope of the agent’s employment” includes, but is not limited to, engaging in any illegal activity in entering into a contract, including any act that would constitute a violation of Section 68 or 86, as applicable, of the Penal Code.
(c)
(b) This section applies to contracts executed on or after to January 1, 2023, including contracts negotiated prior to January 1, 2023.
