HomeMy WebLinkAboutMINUTES - 06271989 - 1.37 ' /1- 037
To: BOARD OF SUPERVISORS Contra
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FROM: ,./ Costa
PHIL BATCHELOR, County Administrator ,,; � '�.
DATE: June 8, 1989 �,, .F..=N., 'F County
SUBJECT: LEGISLATION: SB 737 (Marks)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOM! MATION:
Adopt a position of OPPOSE UNLESS AMENDED in regard to SB 737 by Senator Marks.
SB 737 provides that local jurisdictions would have to accept the State
Department of Transportation's certification of minority and women-owned business
enterprises in their issuance of any state or local contracts. As as result,
local jurisdictions could no longer require minority or women-owned businesses to
submit to any local certification process, nor could a local agency challenge the
CALTRANS certification of the business as a women or minority-owned enterprise
BACKGROUND:
Senator Marks has introduced SB 737 and argues that having to comply with various
local certification processes and requirements is burdensome and costly.
However, SB 737 preempts local jurisdiction's certifications. In addition,
CALTRANS classifications of a minority .or women-owned business may differ from
local classifications. SB 737 also limits local programs that are more expansive
in terms of the types of contract covered that state law (i.e. , purchasing and
professional/personal service contracts).
SB 737 is more restrictive than our current certification procedures. The
Contract Compliance Officer has proposed an amendment to SB 737 which would
clearly and specifically limit SB 737 to state contracts. Without the proposed
amendment, the Contract Compliance Officer is concerned that local certifications
would be eliminated. It is, therefore, recommended that the County Administrator
be authorized to seek amendments to SB 737. If those amendments are accepted,
the Board's position would be to support SB 737. If, however, the amendment is
not acceptable to the author,, the Board's position will be considered to oppose
SB 737.
CONTINUED ON ATTACHMENT: _YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE
APPROVE /-OTHER
SIGNATURE(S):
ACTION OF BOARD ON June 27 , 1989 APPROVED AS RECOMMENDED OTHER
u
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
Cc county Administrator ATTESTED- June 27., 1989.
Senator Milton Marks PHIL BATCHELOR,CLERK OF THE BOARD OF
Les Spahnn SUPERVISORS
(AND
/COUNTY ADMINISTRATOR
M382 (10/88)
By .DEPUTY
V ` aN
AMENDED IN SENATE MAY % 1989
SENATE BILL No. 737
Introduced by Senator Marks
February 28, 1989
i
An act to amend Section 14030.5 of the Government Code,
relating to government contracts.
LEGISLATIVE COUNSEL'S DIGEST
SB 737, as amended, Marks. State and local agency
contracts.
Existing law authorizes, but does not require, local
governmental agencies to accept the certification of a socially
and economically disadvantaged business concern by the
Department of Transportation as valid status of that business
when awarding contracts to socially and economically
disadvantaged business concerns. .
This bill would require the department to also certify
minority business enterprises and. women business
enterprises for purposes of public contracts and would
require all local governmental agencies to accept this
certification of a socially and economically disadvantaged
business concern and certification of a minority or women
business enterprise by the department. The imposition of this
requirement on local governmental agencies would
constitute 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.
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- 3 — SS 737
1 certification process for certifying socially and
2 economically disadvantaged business concerns.
t 3 (c) The department shall certify minority business
4 enterprises and women business enterprises, as defined
5 in subdivisions (e), (f), and (g) of Section 10115.1 of the
6 Public Contract Code. All state and local agencies shall
s 7 accept the certification of a minority or women business
8 enterprise by the department as valid status of that
9 business when awarding contracts. No state or local
10 agency shall require the business to comply with any
s 11 other certification process for certifying minority and
1 12 women business enterprises.
s 13 SEC. 2. No reimbursement is required by this act
Y 14 pursuant to Section 6 of Article XIII B of the California
15 Constitution because the Legislature finds and declares
s 16 that there are savings as well as costs in this act which, in
1 17 the aggregate, do not result in additional net costs.
e 18 Notwithstanding Section 17580 of the Government Code,
19 unless otherwise specified in this act, the provisions of this
3 20 act shall become operative on the same date that the act
3 21 takes effect pursuant to the California Constitution.
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