AB 1086 - An Act to Amend Section 3400 of the Public Contract Code, Relating to Public Contracts.

Public contracts: bids. 2009-2010 Legislature. View bill details
Author(s):
Summary:
Existing law prohibits, except in specified circumstances, a state agency, political subdivision, municipal corporation, district, or public officer responsible for letting a public works contract from drafting bid specifications for that contract in a manner that limits the bidding to any one concern or product, unless the specification is followed by the words “or equal.” Existing law… More
Existing law prohibits, except in specified circumstances, a state agency, political subdivision, municipal corporation, district, or public officer responsible for letting a public works contract from drafting bid specifications for that contract in a manner that limits the bidding to any one concern or product, unless the specification is followed by the words “or equal.” Existing law requires that these bid specifications provide a period of time prior to or after, or prior to and after, the award of the contract to allow the contractor to submit data that demonstrates that a concern or product to be provided under the contract is equal to the concern or product identified in the bid specification.

This bill would make findings and declarations regarding the intent of the entire provision to encourage contractors and manufacturers to develop and implement new and ingenious materials, products, and services, as specified, at a lower cost to taxpayers. Hide
 
Status:
The bill has become law (chaptered). 
Assembly Committee on Business, Professions and Consumer Protection Vote: Do pass as amended and be re-referred to the Committee on Appropriations.

PASSED on May 12, 2009.

voted YES: 11 voted NO: 0
0 voted present/not voting

An Act to Amend Section 3400 of the Public Contract Code, Relating to Public Contracts.

AB 1086 — 2009-2010 Legislature

Summary
Existing law prohibits, except in specified circumstances, a state agency, political subdivision, municipal corporation, district, or public officer responsible for letting a public works contract from drafting bid specifications for that contract in a manner that limits the bidding to any one concern or product, unless the specification is followed by the words “or equal.” Existing law requires that these bid specifications provide a period of time prior to or after, or prior to and after, the award of the contract to allow the contractor to submit data that demonstrates that a concern or product to be provided under the contract is equal to the concern or product identified in the bid specification.

This bill would make findings and declarations regarding the intent of the entire provision to encourage contractors and manufacturers to develop and implement new and ingenious materials, products, and services, as specified, at a lower cost to taxpayers.
Learn More
At LegInfo.ca.gov
Title
An Act to Amend Section 3400 of the Public Contract Code, Relating to Public Contracts.
Author(s)
Jeff Miller
Co-Authors
    Subjects
    • Public contracts: bids
    Major Actions
    Introduced2/27/2009
    Referred to Committee
    Passed Assembly Committee on Business, Professions and Consumer Protection5/12/2009
    Passed Assembly6/01/2009
    Passed Senate Committee on Governmental Organization6/23/2009
    Passed Senate Committee on Judiciary7/07/2009
    Passed Senate7/16/2009
    Presented to the governor (enrolled)7/30/2009
    Became law (chaptered).8/06/2009
    Bill History
    Chamber/CommitteeMotionDateResult
    currently selectedAssembly Committee on Business, Professions and Consumer ProtectionDo pass as amended and be re-referred to the Committee on Appropriations.5/12/2009This motion PASSED the Assembly Committee on Business, Professions and Consumer Protection
    11 voted YES 0 voted NO 0 voted present/not voting
    select this voteAssemblyAB 1086 MILLER Assembly Third Reading6/01/2009This bill PASSED the Assembly
    79 voted YES 0 voted NO 1 voted present/not voting
    select this voteSenate Committee on Governmental OrganizationDo pass, but re-refer to the Committee on Judiciary.6/23/2009This motion PASSED the Senate Committee on Governmental Organization
    12 voted YES 0 voted NO 1 voted present/not voting
    select this voteSenate Committee on JudiciaryDo pass.7/07/2009This motion PASSED the Senate Committee on Judiciary
    5 voted YES 0 voted NO 0 voted present/not voting
    select this voteSenateSpecial Consent #13 AB1086 Miller7/16/2009This bill PASSED the Senate
    36 voted YES 0 voted NO 4 voted present/not voting
    ActionDateDescription
    Introduced2/27/2009
    2/27/2009Introduced. To print.
    3/01/2009From printer. May be heard in committee March 30.
    3/02/2009Read first time.
    4/13/2009Referred to Com. on B. & P.
    4/14/2009From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.
    4/15/2009Re-referred to Com. on B. & P.
    4/27/2009From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.
    4/28/2009Re-referred to Com. on B. & P.
    5/04/2009From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.
    5/05/2009Re-referred to Com. on B. & P. In committee: Hearing postponed by committee.
    currently selectedVote5/12/2009Do pass as amended and be re-referred to the Committee on Appropriations.
    5/14/2009From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (May 12).
    5/18/2009Read second time and amended.
    5/19/2009Re-referred to Com. on APPR.
    5/21/2009Withdrawn from committee. Ordered placed on second reading file.
    5/26/2009Read second time. To third reading.
    6/01/2009Read third time, passed, and to Senate. (Ayes 79. Noes 0. Page 1820.)
    select this voteAssembly Vote on Passage6/01/2009AB 1086 MILLER Assembly Third Reading
    6/02/2009In Senate. Read first time. To Com. on RLS. for assignment.
    6/11/2009Referred to Coms. on G.O. and JUD.
    6/23/2009From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 12. Noes 0.) (June 23).
    select this voteVote6/23/2009Do pass, but re-refer to the Committee on Judiciary.
    6/29/2009In committee: Hearing postponed by committee.
    7/01/2009In committee: Hearing postponed by committee.
    select this voteVote7/07/2009Do pass.
    7/08/2009From committee: Do pass. (Ayes 5. Noes 0.) (July 7).
    7/09/2009Read second time. To third reading. Ordered to Special Consent Calendar.
    7/16/2009Read third time, passed, and to Assembly. (Ayes 36. Noes 0. Page 1767.)
    7/16/2009In Assembly. To enrollment.
    select this voteSenate Vote on Passage7/16/2009Special Consent #13 AB1086 Miller
    7/30/2009Enrolled and to the Governor at 2:30 p.m.
    8/05/2009Approved by the Governor.
    8/06/2009Chaptered by Secretary of State - Chapter 132, Statutes of 2009.

    Average contributions given to Assemblymembers from interest groups that…

    supported this motion

    $318
    $0
    $2,127
    YES$2,445
    $0
    $0
    $0
    NO$0

    opposed this motion

    $312
    $1,091
    YES$1,403
    $0
    $0
    NO$0
    3 Organizations Supported and 3 Opposed; See Which Ones

    Organizations that took a position on
    An Act to Amend Section 3400 of the Public Contract Code, Relating to Public Contracts.: Do pass as amended and be re-referred to the Committee on Appropriations.

    3 organizations supported this motion

    California Chapter of the American Fence Contractors' Association
    Assembly Committee on Business and Professions (2009, May 11). AB 1086 5.11.2009. Retrieved October 11, 2010, from Leg Info.
    Engineering Contractors' Association
    Assembly Committee on Business and Professions (2009, May 11). AB 1086 5.11.2009. Retrieved October 11, 2010, from Leg Info.
    Flasher Barricade Association
    Assembly Committee on Business and Professions (2009, May 11). AB 1086 5.11.2009. Retrieved October 11, 2010, from Leg Info.

    3 organizations opposed this motion

    California Association of Sanitation Agencies
    Assembly Committee on Business and Professions (2009, May 11). AB 1086 5.11.2009. Retrieved October 11, 2010, from Leg Info.
    California Special Districts Association
    Assembly Committee on Business and Professions (2009, May 11). AB 1086 5.11.2009. Retrieved October 11, 2010, from Leg Info.
    League of California Cities
    Assembly Committee on Business and Professions (2009, May 11). AB 1086 5.11.2009. Retrieved October 11, 2010, from Leg Info.

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    View citations of support and opposition

    Includes reported contributions to campaigns of Assemblymembers in office on day of vote, from interest groups invested in the vote according to MapLight, January 1, 2009 – December 31, 2010.
    Contributions data source: FollowTheMoney.org

    Contributions by Legislator

    Namesort iconPartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Connie ConwayRCA-34$2,500$0Yes
    Bill EmmersonRCA-63$1,300$0Yes
    Mike EngDCA-49$900$1,280Yes
    Mary HayashiDCA-18$2,000$6,100Yes
    Ed HernandezDCA-57$0$1,100Yes
    Pedro NavaDCA-35$0$500Yes
    Roger NielloRCA-5$7,700$850Yes
    John PerezDCA-46$9,000$5,600Yes
    Curren PriceDCA-51$1,000$0Yes
    Ira RuskinDCA-21$0$0Yes
    Cameron SmythRCA-38$2,500$0Yes

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    NamePartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Connie ConwayRCA-34$2,500$0Yes
    Bill EmmersonRCA-63$1,300$0Yes
    Mike EngDCA-49$900$1,280Yes
    Mary HayashiDCA-18$2,000$6,100Yes
    Ed HernandezDCA-57$0$1,100Yes
    Pedro NavaDCA-35$0$500Yes
    Roger NielloRCA-5$7,700$850Yes
    John PerezDCA-46$9,000$5,600Yes
    Curren PriceDCA-51$1,000$0Yes
    Ira RuskinDCA-21$0$0Yes
    Cameron SmythRCA-38$2,500$0Yes

    Interest Groups that supported this motion

    $ Donated
    Engineering, architecture & construction management services$23,400
    Special trade contractors$3,500
    General business associations$0

    Interest Groups that opposed this motion

    $ Donated
    Municipal & county government organizations$12,000
    Civil servant/public employee$3,430
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