Bill Text: CA SB548 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: California Disabled Veteran Business Enterprise Program.

Spectrum: Bipartisan Bill

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 595, Statutes of 2009. [SB548 Detail]

Download: California-2009-SB548-Amended.html

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BILL NUMBER: SB 548	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Huff
    (   Coauthor:   Senator   Florez
  ) 
    (   Coauthors:   Assembly Members 
 Nestande,   Portantino,   Price,  
and Silva   ) 

                        FEBRUARY 27, 2009

   An act to amend Section 999.5 of the Military and Veterans Code,
relating to veterans.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 548, as amended, Huff. California Disabled Veteran Business
Enterprise Program.
   Under existing law, the Department of General Services, except in
the case of contracts for professional bond services, is the
administering agency of the California Disabled Veteran Business
Enterprise Program, which requires state agencies and all other state
entities contracting for materials, supplies, equipment, alteration,
repair, or improvement to have at least 3% participation goals for
disabled veteran business enterprises. Existing law specifies the
duties of the Department of General Services and the Department of
Veterans Affairs in meeting that requirement, and sets standards for
meeting the program's participation goals, as provided.
   This bill would require an awarding department to require any
prime contractor that enters into a subcontract with a disabled
veteran business enterprise to certify to the awarding department
 , under penalty of perjury,  that all payments
under the contract have been made to the disabled veteran business
enterprise. This bill would also require an awarding department to
keep that certification on file.  This bill would specify that a
person or entity that knowingly provides false information  
is subject a civil penalty, as specified, and that an action for a
civil penalty may be brought by any public prosecutor in the name of
the people of the State of California.  
   By requiring a prime contractor make a certification under penalty
of perjury, this bill would expand the scope of the existing crime
of perjury, and thereby impose a state-mandated local program.
 
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


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

  SECTION 1.  Section 999.5 of the Military and Veterans Code is
amended to read:
   999.5.  (a) The administering agency for the California Disabled
Veteran Business Enterprise Program is the Department of General
Services, except in the case of contracts for professional bond
services. The Department of General Services shall consult with the
California Disabled Veteran Business Enterprise Program Advocate,
appointed by the Department of Veterans Affairs pursuant to Section
999.11, on all matters relating to the California Disabled Veteran
Business Enterprise Program. The Director of General Services shall
adopt written policies and guidelines establishing a uniform process
for state contracting that would provide a disabled veteran business
enterprise participation incentive to bidders. The incentive program
shall be used by all state agencies when awarding contracts.
   (b) The Department of Veterans Affairs shall do all of the
following:
   (1) Establish a method of monitoring adherence to the goals
specified in Sections 999.1 and 999.2.
   (2) Promote the California Disabled Veteran Business Enterprise
Program to the fullest extent possible.
   (3) Maintain complete records of its promotional efforts.
   (4) Establish a system to track the effectiveness of its efforts
to promote the California Disabled Veteran Business Enterprise
Program, which shall include regular, periodic surveys of newly
certified disabled veteran business enterprises to determine how they
learned of the program, why they became certified, and what their
experience with awarding departments has been.
   (c) An awarding department shall not credit toward the department'
s 3-percent goal state funds expended on a contract with a disabled
veteran business enterprise that does not meet and maintain the
certification requirements.
   (d) An awarding department shall require any prime contractor that
enters into a subcontract with a disabled veteran business
enterprise to certify to the awarding  department, under
penalty of perjury, that   department that  all
payments under the contract have been made to the disabled veteran
business enterprise. An awarding department shall keep that
certification on file.  A person   or entity that
knowingly provides false information shall be subject to a civil
penalty for each violation in the minimum amount of two thousand five
hundred dollars ($2,500) and the maximum amount of twenty-five
thousand dollars ($25,000). An action for a civil penalty under this
subdivision may be brought by any public prosecutor in the name of
the people of the State of California and the penalty imposed shall
be enforceable as a civil judgment. 
   (e) The administering agency shall adopt rules and regulations,
including standards for good faith efforts, for the purpose of
implementing this section. Emergency regulations consistent with this
section may be adopted. 
  SEC. 2.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.